Note to Readers:
j
/
This document constitutes the best available compilation of the
federally approved State Implementation Plan for air quality in
the State of Idaho.
However, users of this document are cautioned that it may contain
some errors, omissions or misleading elements, particularly
relating to administrative procedures. An example is the section
covering approval of variances, action on which has never been
completed.
Users are advised to contact the Region X office of EPA in Seattle
for clarification as necessary before taking substantive action
based on material in this document.
Air and Hazardous Materials Division
Air Programs Branch
(206) 442-1230
Enforcement Division
Compliance Branch
(206) 442-1387
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ATLANTIC ENVIRONMENTAL ASSOCIATES, INC. .
EPA-450/2-80-019
REGULATIONS MID MOM-REGULATORY
REVISIONS TO STATE
IMPLEMENTATION PLAN:
IDAHO
July 31, 1980
Prepared under
Contract 68-02-3388
Project Officer:
Thomas J. Gunning
Prepared for
U.S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Research Triangle Park, MC 27711
CC-105)
59 VERNON STREET WALTHAM, MASSACHUSETTS 02154 (617) 891-0452
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/2-80-019
3. RECIPIENT'S ACCESSION NO.
TITUS AND SUBTITLE
Regulations and Non-Regulatory Revisions to State
Implementation Plan; Idaho
5. REPORT DATE
July 31, 1980
6. PERFORMING ORGANIZATION CODE
AUTMOR(S)
B. PERFORMING ORGANIZATION REPORT NO.
icn
)
9. PERFORMING ORGANIZATION NAME AND AOORES3
10. PROGRAM ELEMENT NO.
Atlantic Environmental Associates,
59 Vernon Street
Waltham, MA 02154
Inc.
11. CONTRACT/GRANT NO.
68-02-3388
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Research Triangle Park, NC 27711
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Thomas J. Gunning
is.ABSTRACT This Document nas been produced in compliance with Section 110(h) of the Clean
Air Act, as amended in 1977, which mandates periodic publication of State Implementation
Plan (SIP) requirements. The document comprises the Federally approved revisions.to
the SIP. It consists of both the EPA-approved State and/or local air quality regula-
tions, as referenced in the Federal Register, and the Federally promulgated regulations
for the State, as published in the Federal Register. Regulations which fall into either
of the above categories as of July 1, 1979, have been included in this document.
The present compilation constitutes an update of a previous documentation of regu-
lations. State and/or local air quality regulations which have not been Federally ap-
proved as of July 1, 1979, are not included. However, any omissions of regulations from
this document in no way affects the ability of the respective Federal, State, or local
agencies to enforce such regulations. A summary sheet of the regulatory revisions,
including those which are not Federally approved, is provided to give a quick his-
torical assessment of the changes.
The second part of the document contains the text of non-regulatory SIP revisions
approved by EPA up to July 1, 1979, excluding notices or certifications of public
hearings and technical support data. A complete tabulation of these revisions is
also provided.
17.
KgY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lOENTlFIERS/OPEN ENDED TERMS
COSATl Field/Croup
Air Pollution
Federal Regulations
State Regulations
State Implementation Plans
13. DISTRIBUTION STATEMENT
Release Unlimited
19. SECURITY CLASS (This Rtporr)
Unclassified
21. NO. OF
20. SECURITY CLASS iThispage)
Unclassified
22. PRICE
EPA Form 2220-1 (Rev. -»-77) PREVIOUS EDITION 13 OBSOLETE
-11-
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PREFACE
This document has been produced in compliance with Section 110(h) of
the Clean Air Act,as amended in 1977, which mandates periodic publication
of State Implementation Plan (SIP) requirements. The document comprises the
Federally approved revisions to the SIP. It consists of both. tne^EPA approved
State and/or local air quality regulations and non-regulary revisions,as
referenced in the Federal Register, and the Federally promulgated regulations
for the State, as published in the Federal Register. Regulations which fall
into either of the above categories as of July 1, 1979, have been included.
The present compilation constitutes an update of a previous documen-
tation of regulationst. State and/or local air quality regulations wh-ich
have not been Federally approved as of July 1, 1979, are not included.
However, any omissions of regulations from this document in no way affects
the ability of the respective Federal, State, or local agencies to enforce
such regulations.
This document is not intended to provide a tool for determining the
enforceability of any given regulation. Rather it is intended to provide a
comprehensive compilation of those regulations which are incorporated
by reference into Title 40, Part 52, of the Code of Federal Regulations
(CFR). The exclusion of a Federally approved regulation from this document
does not diminish the enforceability of the regulation. Similarly, the
inclusion of a given regulation in this document does not, in itself,
render the regulation enforceable by either the State or EPA.
The regulations have been organized in this document according to the
official State/local agency format. However, since State air quality regula-
tions vary widely in their organization, content, and language, a standardi-
zed subject index has been added. The index listings consist of both
pollutant and activity oriented categories to facilitate usage. For example,
regulations which apply to copper smelters may be found under sulfur compounds
(50.2), particulate matter process weight (50.1.1), or copper smelters
(51.15). Federal regulations pertaining to a given State immediately
follow the approved State and local regulations.
Additionally, a summary sheet of the regulatory revisions is included to
provide quick historical assessment of the changes. TKis summary sheet
also tabulates, for historical completeness, those revisions which are not
Federally enforceable. The approved summary sheets contain the date.of sub-
mittal to EPA of each revision and the Federal Register publication date on
which the revision was either approved or disapproved by EPA. A brief des-
cription of the regulation which was submitted is also included.
tAir Pollution Regulations in State Implementation Plans: Idaho.
EPA-450/3-78-062, prepared under Contract 68-02-2890, August, 1978.
-m-
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In accordance with the Act, the second part of the document contains
non-regulatory SIP revisions approved by EPA up to July 1, 1979. All
non-regulatory revisions listed under Identification of Plan in the CFR are
included except notices or certifications of public hearings, and technical
support data. The non-regulatory revisions have been organized in this
document according to the date of publication of EPA approval in the Federal
Register. A complete tabulation of these revisions is provided at the
beginning of this second section. This tabulation also lists, for his-
torical completeness, those non-regulatory revisions which are referenced
under the Identification of Plan.
Revisions to the SIP approved by EPA after the July 1, 1979 cut-off
date for inclusion in this document have been forwarded directly to the
Office of Federal Register library.
-IV-
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SUMMARY OF
EPA-APPROVED REGULATORY REVISIONS
Publication
of Approval
05/14/73
01/30/75
08/07/75
08/07/75
11/19/75
Submittal
Date
02/15/73
07/01/74
01/10/75
01/24/75
01/10/75
Description
All regulations
Regulations A and T
Regulations C and S
Note: No action has been taken on Regula-
tion S.
Regulation A
Regulation S
Note: Section IV, paragraphs (4), (5),
(6), (7), and (17) of Regulation S are dis-
approved.
Section Number
52.675
52.676
52.677
52.683
SUMMARY OF
FEDERAL REGULATIONS
Description
Control Strategy: Sulfur OxidesEastern
Idaho Intrastate Air Quality Region
Control Strategy: Sulfur OxidesEastern
Washington/Northern Idaho Interstate Region
Compliance Schedules
Prevention of Significant Deterioration
-v-
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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(1.0)
(3.0)
(13.0)
(7.0)
(5.0)
(2.0)
(2.0)
(9.0)
(2.0)
(2.0)
(2.0)
(14.0)
(2.0)
(3.0)
STATE REGULATIONS
Regulation-Section
Number
A. General Provisions -
Section 1
Section 2
Section 3
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
B. Air Pollution Emer-
gency Regulation -
Section 1
Section 2
Section 3
Section 4
Section 5
Title
Introduction
Definitions
Registration and Permit
Procedures For Stationary
Sources
Reporting
Scheduled Maintenance
Variances
Circumvention
Total Compliance
Sampling and Analytical
Procedures
Provisions Governing
Specific Activities
Purpose
Episode Criteria
Public Notification
General Rules
Soecific Fmprnpnrv FnicnHa
Pagi
1
1
9
12
"13
13
15
16
16
16
17
17
18
18
Abatement Plans For Point
Sources
22
-------
Revised Standard
Regulation-Section
Subject Index
(2.0)
(2.0)
(4.1)
(4.2)
(4.6)
(4.4)
(4.3)
(4.5)
(4.1)
(4.7)
(4.7)
(4.7)
(51.13)
(2.0)
(51.13)
Number
C. Ambient Air Quality
Standards - Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
D. Regulation For Control
of Open Burning -
Section 1
Section 2
Section 3
(2.0)
(50.1.2)
(9.0)
(2.0)
E. Regulation For Control
of Smoke and Other
Visible Emissions -
Section 1
Section 2
Section 4
Section 5
Title
Purpose
General
Particulate Matter
Sulfur Oxides
Photochemical Oxidants
Hydrocarbons
Nitrogen Dioxide
Carbon Monoxide
Setteable Particulate
Sulfuric Acid Mist
Fluorides
Beryllium
Introduction
General Restrictions
Categories of Allowable
Burning
Purpose
Standard For Existing
Sources
Point of Measurement
Exception
231
23
23
24.
24
24
26
26
26
26
26
27 j
28
28-
28
31
31
31
32
-vn-
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Revised Standard
Subject Index
(2.0)
(50.1)
(2.0)
Regulation-Section
(51.5)
(2.0)
(2.0)
(50.1)
(2.0)
(50.2)
(50.2)
(50.2)
(50.2)
(2.0)
(50.7)
(2.0)
(50.6)
F.
G.
H.
I.
J.
K.
Number
Regulation For Control
of Fugitive Dust -
Section 1
Section 2
Regulation For Control
of Particulate Emis-
sions From Fuel
Burning Equipment -
Section 1
Section 2
Section 3
Regulation For Control
of Particulate Emis-
sions From Industrial
Process - Section 1
Section 2
Regulation For Sulfur
Content of Fuels -
Section 1
Section 2
Section 3
Section 4
Section 5
Regulation For Control
of Fluoride Emissions -
Section 1
Section 2
Regulation For Control
of Odors - Section 1
Section 2
Title
Purpose
General Rules
Purpose
General Rules
Exceptions
Purpose
Emission Limitations
Purpose
Sulfur Content in Fuels
Residual Fuel Oils
Distillate Fuel Oil
Coal
Purpose
General Rules
Purpose
General Rules
Paqi
33
33
34
34
35
37
37
39
39
39
39
40
41
41
42
42
-vm-
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Revised Standard
Subject Index
(2.0)
(51.9)
(2.0)
(2.0)
(12.0)
(2.0)
(51.8)
(2.0)
(2.0)
(51.14)
(9.0)03.0)
(2.0)
(2.0)
(2.0)
(51.20)
(2.0)
(2.0)
(2.0)
Regulati on-Secti on
Number
L. Regulation For Control
of Incinerators -
Section 1
Section 2
Section 3
M. Regulation For Control
of Motor Vehicle Emis-
sions - Section 1
Section 2
N. Regulation For Control
of Hot-Mix Asphalt
Plants - Section 1
Section 2
0. Regulation For Control
of Kraft Pulping Mills
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
P. Regulation For Control
of Wigwam Burners -
Section 1
Section 2
Section 3
Section 4
Q. Regulation For Control
of Rendering Plants -.
Section 1
Title
Purpose
General Rules
Exceptions
Purpose
General Rules
Purpose
General Rules
Purpose
Statement of Policy
General Rules
Monitoring and Reporting
Special Studies
Exceptions
Purpose
General Restrictions
Design Criteria
Exceptions
Purpose
Page
43
43
43
44
44
45
45
47
47
47
48
49
50
51
51
51
52
53
-IX-
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Revised Standard
Regulation-Section
Subject Index
(51.21)
(2.0)
(2.0)
(51.11)
(51.11)
(51.11)
(1.0)
(2.0)
(3.0)
Number
Section 2
Section 3
S. Regulation For Control
of Sulfur Oxide Emis-
sions From Combined
Zinc/Lead Smelter
Operations - Section 1
Section 2
Section 3
Section 4
T. Air Pollution Source
Permits - Section 1
Section 2
Section 3
Title
General Restrictions
Exceptions
Purpose
Control of Fugitive Sulfur
Dioxide Emissions
Permanent Control of
Sulfur Dioxide Emissions
Alternate Control of
Sulfur Dioxide Emission
Definitions
Purpose
Procedure For Issuing
Page
53
53
54
54
55 7:
58 '
70
70
Permit
70
FEDERALLY PROMULGATED REGULATIONS
Revised Standard
Subject Index
(50.2)
(50.2)
(6.0)
(17.0)
Section Number
52.675
52.676
52.677
52.683
Title Page
Control Strategy: Sulfur
Oxides -- Eastern Idaho
Intrastate Air Quality
Control Region 74
Control Strategy: Sulfur '
Oxides Eastern Washing-
ton - Northern Idaho Inter-
state Region 73
Compliance Schedules go
Prevention of Significant
Deterioration Q1
-x-
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
-XI-
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
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A. GENERAL PROVISIONS
SECTION 1
(2.0) INTRODUCTION
On April 30, 1971, the U. S. Environmental Protection Agency (EPA)
adopted certain national primary and secondary ambient air quality
standards (Federal Register Vol. 36, No. 87) under authority of Section
109 of the Clean Air Act, as amended (Public Law 91-604; 84 Stat. 1676).
Under Section 110 of this Federal law, each state is required to adopt
and submit to the Administrator of EPA a plan which provides for the
implementation, maintenance, and enforcement of national ambient air
quality standards within each air quality control region (or portion
thereof) within the state.
It is the intent of these rules and regulations to comply with the
federal law and to eliminate, or abate, air pollution in conformance
with the 1972 Idaho Session Laws, Chapter 347, Section 5 (1). These
regulations are adopted in accordance with the Administrative Procedure
Act, Title 67, Chapter 52, Idaho Code.
These rules and regulations may be modified from time to time, as
additional information on air contaminants, sources of air pollution
and ambient air quality levels are developed and evaluated.
SECTION 2
(1.0) DEFINITIONS
A. Act means the Idaho Air Pollution Control Act as amended.
TTdaho Code Title 39, Chapter 29)
B. Air Contaminant means dust, fume, gas, mist, odor, smoke, vapor,
pollen, soot, carbon or particulate matter or any combination
thereof.
C. Air Pollution means the presence in the outdoor atmosphere of
any contaminant or combination thereof in such quantity of such
nature and duration and under such conditions as would be injurious
to human health and welfare, to animal or plant life, or to
property, or to interfere unreasonably with the enjoyment of life
or property.
D. Air Quality means the specific measurement in the ambient air
of a particular air contaminant at any given time.
E. Air Quality Criterion means the information used as guidelines
for decisions when establishing air quality goals and air quality
standards.
F. Ambient Air means the surrounding or outside air.
-1-
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G. Area Source means any small residential, governmental, institu-
tional, commercial, or industrial fuel combustion operations;
onsite waste disposal facility; motor vehicles, aircraft, vessels,
or other transportation facilities; or other miscellaneous sources.
H. ASTM means the American Society for Testing and Materials.
I. BTU_ means British Thermal Unit.
j. Certificate of Registration means a certificate presented to a new
or modified source certifying that the source has registered as
provided by State law.
K. Collection Efficiency means the overall performance of the air
cleaning device in terms of ratio of materials collected to total
input to the collector unless specific size fractions of the
contaminant are stated or required.
L. Commission means the Idaho Air Pollution Control Commission created
by the Air Pollution Control Act (Idaho Code Title 39, Chapter 29)
or the Commission Staff or the Air Pollution Control System.
M. Control Equipment means any method, process or equipment which re-
moves, reduces or renders less noxious, air contaminants dis-
charged into the atmosphere.
N. Controlled Emission means an emission which has been treated by
control equipment to remove all or part of an air contaminant before
release to the atmosphere.
0. Settleable Particulate is particulate matter which is emitted into
the atmosphere such that it may deposit onto horizontal surfaces
due to gravitational settling.
P- Emission means the act of releasing or discharging air pollutants
into the ambient air from any source.
Q- Emission Standard means a limitation on the release of an air con-
taminant to the ambient air.
R- Equivalent Air-Dried Kraft Pulp means pulp production which pro-
duces a loading of black liquor solids to the recovery furnace
equivalent to that loading produced with kraft pulp.
S- Existing Source means any air contamination source that exists, is
installed, or is under construction on the adopted date of thes;.
regulations.
T- Fuel-Burning Equipment means any furnace, boiler, apparatus,
stack, and all appurtenances thereto, used in the process of burn-
ing fuel for the primary purpose of producing heat or power by
indirect heat transfer.
-2-
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U. Fugitive Dust means solid, airborne participate matter emitted
from any source other than through a stack.
V. Hot-Mix Asphalt Plant means those firms conveying proportioned
quantities or batch loading of cold aggregate to a drier, and
heating, drying, screening classifying, measuring and mixing
the aggregate and asphalt for the purposes of paving, construct-
ion, industrial, residential or commercial use.
W. Incinerator means any source consisting of a furnace and all
appurtenances thereto designed for the destruction of refuse
by burning. "Open Burning" is not considered incineration.
For purposes of these rules, the destruction of any combustible
liquid or gaseous material by burning in a flare stack shall be
considered incineration.
X. Industrial Process means any step in a manufacturing operation
which results in the emission of particulate matter to the
atmosphere.
Y. Kraft Pulping means any pulping process which uses, for cooking
liquor, an alkaline sulfide solution containing sodium hydroxide
and sodium sulfide.
Z. Monitoring means sampling and analysis, in a continuous or non-
continuous sequence, using techniques which will adequately
measure emission levels and/or ambient air concentrations of
air contaminants.
AA. Multiple Chamber Incinerator means any article, machine, equip-
ment, contrivance, structure or part of a structure used to
dispose of combustible refuse by burning, consisting of three
or more refractory lined combustion furnaces in series physically
separated by refractory walls, interconnected by gas passage ports
or ducts and employing adequate parameters necessary for max-
imum combustion of the material to be burned.
BB. New Source means any stationary source, the construction or
modification of which is commenced after the effective date of
this regulation.
CC. Non-Condensibles means gases and vapors from processes that are
not condensed at standard temperature and pressure unless other-
wise specified.
DD. Odor means the sensation resulting from stimulation of the human
sense of smell.
EE. Opacity means a state which renders material partially or wholly
impervious to rays of light and causes obstruction of an observer's
view.
-3-
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FF Open Burning means the burning of any matter in such a manner
that the products of combustion resulting from the burning are
emitted directly into the ambient air without passing through
a stack, duct, or chimney.
GG. Particulate Matter means any material, except water in uncom-
bined form, that exists as a liquid or a solid at standard
conditions.
HH. Person means any person, corporation, firm, partnership or any
state or local governmental entity.
II. Portable Hot-Mix Asphalt Plant means those asphalt plants or
equipment which are designed to be dismantled and transported
from one .iob site to another job site.
JJ. ppm (parts per million) means parts of a gaseous contaminant
per million parts of gas by volume.
KK. Primary Ambient Air Quality Standard means that air quality
which, allowing an adequate margin of safety, is requisite to
protect the public health.
LL. Process or process equipment means any equipment, device or con-
trivance for changing any materials whatever or for storage or
handling of any materials, and all appurtenances thereto, in-
cluding ducts, stack, etc., the use of which may cause any dis-
charge of an air contaminant into the outdoor open air but not
including that equipment specifically defined as fuel-burning
equipment or refuse-burning equipment.
MM. Process Weight means the" total weight of all materials intro-
duced into any source operation which may cause any emissions
of particulate matter. Process weight includes solid fuels
charged, but does not include liquid and gaseous fuels charged
or combustion air.
NN. Process Weight Rate means the rate established as follows: For
continuous or long-run steady-state source operations, the total
process weight for the entire period of continuous operation
or for a typical portion thereof, divided by the number of hours
of such period or portion thereof.
For cyclical or batch source operations, the total process
weight for a period that covers a complete operation or an in-
tegral Dumber of cycles, divided by the hours of actual process
operation during such a period. Where the nature of any pro-
cess or operation or the design of any equipment is such as
to permit more than one interpretation of this definition, the
interpretation that results in the minimum value for allowable
emission shall apply.
-4-
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00. Salvage Operations means any source consisting of any business,
trade or industry engaged in whole or in part in salvaging or
reclaiming any product or material, such as, but not limited to,
reprocessing of used motor oils, metals, chemicals, shipping
containers, or drums, and specifically including automobile
graveyards and junkyards.
PP. Secondary Ambient Air Quality Standard means that air quality
which is requisite to protect the public welfare from any known
or anticipated adverse effects associated with the presence of
air pollutants in the ambient air.
QQ. Show-Cause Order means an order issued by the Department to a
source which is requesting permission for construction and
which the Department, after reviewing their construction plans,
has reason to believe may violate a regulation of the Department
or contribute to air pollution. The order requires that the
source give reason as to why construction of modification of the
source should not be halted.
RR. Smoke means small gas-borne particles resulting from incomplete
combustion, consisting predominantly, but not exclusively, of
carbon and other combustible material.
SS. Source means any source at, from, or by reason of which there
is emitted into the atmosphere any air contaminant, or the
facility, equipment or other property by which the emission
is caused or from which the emission comes.
TT. Source Operation means the last operation preceding the emission
of air contaminants, when this operation:
(1) Results in the separation of the air contaminants from the
process materials or in the conversion of the process mat-
erials into air contaminants, as in the case of fuel com-
bustion, and,
(2) Is not an air cleaning device.
UU. Stack means any chimney, flue, conduit, or duct arranged to
conduct emissions to the ambient air.
VV. Standard Conditions means a dry gas temperature of 70°F. and
a gas pressure of 14.7 pounds per square inch absolute.
WW. TRS (total reduced sulfur) means hydrogen sulfide, mercaptans,
dimethyl sulfide, dimethyl disulfide and any other organic sul-
fide present.
XX. Ringelmann Smoke Chart means the chart published and described
in the U. S. Bureau of Mines Information Circular 8333.
-5-
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YY. Uncontrolled Emission means an emission which has not been
treated by control equipment or in some cases, the emission
before treatment by control equipment.
II. Wigwam Burner means wood waste burning devices commonly called
teepee burners, silos, truncated cones, and other such burners
commonly used by the wood product industry for the disposal by
burning of wood wastes.
AAA. Backgroud Level means the value assigned to the quantity of
particulate or gaseous material in ambient air which originates
from natural sources uninfluenced by the activity of man.
BBB. Stationary Source means any building structure, facility, or
installation which emits or may emit any air pollutant.
CCC. Modification means any physical change in, or change in the method
of operation of, a stationary source which increases the amount
of any air pollutant (to which a standard applies) emitted by
such source or which results in the emission of any air pollutant
(to which a standard applies) not previously emitted except
that: (1) routine maintenance, repair and replacement shall
not be considered physical changes, and (2) the following shall
not be considered a change in the method of operation.
a. An increase in the production rate if such increase does
not exceed the operating design capacity of the affected
facility;
b. An increase in hours of operation.
c. Use of an alternative fuel or raw material if prior to the
date any standard under this part becomes applicable to such
facility, the affected facility is designed to accomodate
such alternative use.
ODD. Pilot Plant means any scaled-down working model of an existing
or proposed facility. Such pilot plant shall not have a design
capacity in excess of 1/10 that of the full scale facility of
which it is a model.
EEE. Department means the Department of Health and Welfare.
FFF- Indirect Source means any building, structure, facility or in-
stallation the operation or use of which at the location pro-
posed, may indirectly result in an increase in ambient air
concentrations of any motor vehicle related pollutant for which
there is a State or Federal ambient air quality standard Such
sources may include but are not .limited to:
-6-
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(a) Highways and roads
(b) Parking lots and garages
(c) Retail facilities
(d) Recreational centers and amusement parks
(e) Sports stadiums
(f) Airports
(g) Commercial or industrial developments.
GGG. Construction means fabrication, erection or installation of a
source.
HHH. Commence Construction or Modification means to engage in a con-
tinuous program of construction or modification, or to engage
in a program of planned incremental development, including site
clearing, grading, dredging, or landfilling, specifically de-
signed for the source in preparation for the fabrication, erection,
or installation of the building components of the source. For
the purpose of this Regulation, delays or interruptions resulting
from Acts of God, strikes, litigation, or other matters beyond
the control of the owner, shall be disregarded in determining
whether a construction or modification program has commenced and/
or is continuous.
III. Urbanized Area means any area within the city limits of, or with-
in five (5) miles of the city limits of any city with a population
of more than 10,000 persons.
JJJ. Ambient Air Quality Violation means any single ambient concen-
tration of any air contaminant that exceeds any national, state,
or local ambient air quality standard at any point in an area
outside the source property line.
KKK. Emission Standard Violation means any emission rate that exceeds
the standards set forth in these Regulations, in permits issued
by the Department or any other legally enforceable document
developed by the Department.
ILL. Malfunction means any sudden and unavoidable failure of air pol-
lution control equipment, process equipment or process to operate
in a normal or usual manner. Failures that are caused entirely
or in part by poor maintenance, careless operation or any other
preventable upset condition or equipment breakdown shall not be
considered malfunctions.
Permittee - any person or other legal entity which is legally re-
sponsible for a source of air contamination of the atmosphere.
-7-
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Air Pollution Source Permit - a final order issued by the De-
partment which contains specific emission limits and standards
for a source in accordance with environmental laws, rules, reg-
ulations,and standards of the State of Idaho.
000. Board - Idaho Board of Health and Welfare.
PPP. Director - the Director of the Department of Health and Welfare
QQQ. Notice - defined by Idaho Code.
RRR. Department - Idaho Department of Health and Welfare.
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SECTION 3
(3.0) REGISTRATION AND PERMIT PROCEDURES FOR STATIONARY SOURCES
A. Registration of Existing Source!
All existing sources shall register within 90 days after the ef-
fective date or upon relocation on forms provided by the Department.
B. Permits For New and Modified Sources
No owner or operator shall commence construction or modification
of any stationary source after the effective date of this regulation
without first obtaining a Permit to Construct from the Department.
1. Application for Permit to Construct or Modify shall be made
on forms furnished by the Department, or by other means
prescribed by the Department.
2. A separate application is required for each source.
3. Each application shall be signed by the applicant.
4. Each application shall be accompanied by site information,
plans, description specifications, and drawings showing the
design of the source, the nature and amount of emissions,
and the manner of which it will be operated and controlled.
5. Any additional information, plans, specifications, evidence
or documentation that the Department may require shall be
furnished upon request.
C. General Procedures
1. No permit to Construct or Modify shall be granted unless the
applicant shows to the satisfaction of the Department that:
a. The source will operate without causing a violation of any
local, State or Federal Air Pollution Control Regulation.
b. The source will not prevent or interfere with attainment
or maintenance of any national standard.
2. The Department will act within 60 days on an application and
will notify the applicant in writing on approval, conditional
approval or denial of the application. The Department will
set forth reasons for any denial.
3. The Department may impose any reasonable conditions upon an
approval, including conditions requiring the source to be pro-
vided with:
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a. Sampling ports of a size, number, and location as the
Department may require.
b. Safe access to each port.
c. Instrumentation to monitor and record emission data.
d. Any other sampling and testing facilities as may be deemed
necessary.
4. The Department may cancel an approval if the construction is
not begun within two years from the date of issuance, or if
during the construction, work is suspended for one year.
5. Any owner or operator subject to the provisions of this reg-
ulation shall furnish the Department written notification
as follows:
a. A notification of the anticipated date of initial start-
up of the source not more than 60 days or less than 30
days prior to such date.
b. A notification of the actual date of initial start-up of
the source within 15 days after such date.
6. Within 60 days after achieving the maximum production rate at
which the source will be operated but not later than 180 days
after initial start-up of such source, the owner or operator
of such source may be required to conduct a performance test
in accordance with methods and under operating conditions
approved by the Department and furnish the Department a
written report of the results of such performance test.
a. Such test shall be at the expense of the owner or operator.
b. The Department may monitor such test and may also conduct
performance tests.
c. The owner or operator of a source shall provide the Depart-
ment 15 days prior notice of the performance test to
afford the Department the opportunity to have an observer
present.
D. Exemptions
No registration or permit to construct is required for the following
classes of equipment:
1. Air conditioning or ventilating equipment not designed to remove
air contaminants generated by or released from equipment.
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2. Air contaminant detectors or recorders, combustion controllers,
or combustion shutoffs.
3. Fuel burning equipment for indirect heating and for heating
and reheating furnaces using gas exclusively with a capacity
of less than 50 million BTU per hour input.
4. Other fuel burning equipment for indirect heating with a cap-
acity of less than one million BTU per hour input.
5. Mobile internal combustion engines, marine installations and
locomotives.
6. Laboratory equipment used exclusively for chemical or physical
analysis.
7. Pilot plants with written approval from the Administrator,
renewable annually, the products from which are not offered
for sale except in developmental quantities.
8. Any other class or size of equipment specifically exempted by
the Department.
E. Issuance of a Permit to Construct or Modify or Certificate of
Registration shall not relieve any owner or operator of the re-
sponsibility to comply with all applicable local, State, and
Federal regulations.
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SECTION 5
13.0) Reporting
A. The Department, in furtherance of its duties granted by the 1972
Idaho Session Laws, Chapter 347, Section 5 (1), may require a
person engaged in an activity which may violate the Air Pollution
Control Act or any rules or regulations adopted thereunder to:
1. Prepare a schedule whereby the unlawful activity will be
brought into compliance over a specified period of time;
2. Submit periodic reports to the Department indicating progress
in achieving compliance;
3. Keep and maintain appropriate records or to monitor air con-
taminants at the source, in the ambient air, or in vegetation
to demonstrate compliance;
4. Develop emergency episode plans to help prevent ambient air
pollution concentrations from reaching levels which would
cause substantial endangerment to health.
5. Any emission standard violation due to a malfunction must
be reported to the Department no later than the end of the
working day following the occurrence, unless otherwise specified
by the Department.
B. The Administrator, after hearing, may require such compliance
schedules, periodic reports, records and monitoring, or emergency
episode plans for an individual pollution source or for an entire
group or class of such pollution sources.
C. All reports and information submitted 'to the Department bhall be
provided in a format approved by the Department.
D. Any records or information furnished to the Department shall be
subject to the confidentiality provisions of Section 114 of the
1970 Federal Clean Air Act.
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SECTION 6
^7.0) Scheduled Maintenace
Emissions exceeding any of the limits established in these regulations.
as a direct result of the shutdown of any air pollution equipment for
scheduled maintenance while the related production equipment con-
tinues to operate, shall require the following:
A. Such occurrence shall be reported in writing to the Department as
soon as reasonably possible; and permission from the Department
must be received prior to such a shutdown.
B. Permission may be granted only in those cases where the maximum
reasonable effort, including off-shift labor where required, has
been made to accomplish such maintenance during periods of non-
operation of any related source operations or equipment.
C. The1 person responsible for such emission shall, with all practicable
speed, initiate and complete appropriate action to correct the
conditions causing such emissions to exceed said units; to re-
duce the frequency of occurrence of such conditions; to minimize
the amount by which said limits are exceeded; and shall, upon re-
quest of the Department, submit a full report of such occurrence.
D. Persons responsible for operating equipment that might exhaust
harmful contaminants during maintenance shutdowns, shall provide
auxiliary pollution abatement equipment to maintain levels below
those harmful to man, animals, and vegetation, or reduce pro-
duction levels to meet such requirements.
SECTION 7
(5.0) Variances
Petition. A variance proceeding shall be commenced by filing three
copies of a petition for variance with the Administrator. The
complaint may be accompanied by such affidavits or other proof
as the petitioner may submit in order to make it possible for the
Administrator, if he so desires, to dispose of the matter without a
hearing. The petition shall contain the following:
1. A concise statement of the facts upon which the variance is
requested, including a description of the business or activity
in question; the quantity and type of raw materials processed;
an estimate of the quantity and type of comtaminants dis-
charged; a description of existing and proposed equipment
for the control of discharges; and a time schedule for bringing
the activity into compliance;
2. A concise statement of why the petitioner believes that com-
pliance with the provision from which variance is sought
-13-
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would impose an arbitrary or unreasonable hardship, including
a description of the costs that compliance would impose on the
petitioner and other, and of the injury that the grant of the
variance would impose on the public; and
3. A clear statement of the precise extent of the relief sought.
B. Notice. The Department shall give notice of all variance petitions
as required by law.
C. Investigation and Recommendation. After investigating the variance
petition and considering the views of person who might be adversely
affected by the grant of the variance, the Department staff shall
within 21 days after the filing of the petition, make a recommend-
ation to the Administrator as to the disposition of the petition.
The recommendation, a copy of which shall be served on the petitioner,
shall include:
1. A description of the efforts made by the Staff to investigate
the facts as alleged and to ascertain the views of persons
who might be affected, and a summary of the views so
ascertained;
2. A statement of the degree to which, if at all, the Staff
disagrees with the facts as alleged in the petition;
3. Allegations of any other facts the Staff believes relevant
to the disposition of the petition;
4. The Staff's assessment of the costs that compliance would
impose on the petitioner and on others and of the injury that
the grant of the variance would impose on the public; and
5. The Staff's reasoned recommendations as to what disposition
should be made of the petition.
D. Objections to Petition. Any person may file with the Department
within twenty-one days after the filing of the petition, a
written objection to the grant of the variance. A copy of such
objection shall be provided by the Department to the petitioner.
E. Authorization of Hearing. If no objection is made by the Staff
or by any other person to the grant of the variance within 21
days after the filing of the petition, the Administrator shall
authorize a hearing unless it determines either:
1. That even if all the facts alleged in the petition are true,
the petitioner is not entitled to a variance; or
2. That the petitioner has shown from affidavits or other proof
that compliance with the provisions from which variance is
sought would impose an arbitrary or unreasonable hardship.
-14-
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No variance shall be granted, with or without hearing, without
adequate proof by the petitioner that compliance would impose
an arbitrary or unreasonable hardship.
If the Administrator decides not to hold a hearing, he shall pass
upon the petition and shall prepare an opinion stating his reasons
both for the grant or denial of the petition and for his decision
not to hold a hearing.
The Administrator may authorize a hearing without waiting for the
expiration of the 21 days during which objections may be filed,
but shall not rule upon the petition without hearing until the
21 days have elapsed.
F. Notice of Hearing. The Hearing Officer, after appropriate con-
sultation with the parties, shall set a time and place for hearing
and shall give notice to the petitioner, the Administrator, and
anyone who has filed an objection to the petition at least 21
days prior to the date of the hearing. The hearing shall be
set for a date no later than 60 days after the filing of the
petition. Any request by the petitioner for a continuance
shall constitute a waiver of the right to a decision within 90
days, under Section 38 of the Act, for the period of the continuance.
G. Decision. The Administrator shall render a final decision on
the petition within 90 days after the filing of the petition,
except that time included in a continuance granted at the request
of the petitioner shall not be counted. When exigencies of time
require, the Administrator may delay the filing of an opinion
until not more than 30 days after the filing of its final order
under this SECTION.
H. Variance from New Regulation. If any person files a petition for
variance from a regulation within 20 days after the effective
date of such a regulation, the operation of such regulation shall
be stayed as to such person, pending the dispositon of the petition.
The Administrator may hold a hearing upon said petition within
five days from the notice of such hearing, but in all other re-
spects, the rules in this Section shall apply to the extent they
are consistent with the hearing date set by the hearing officer.
SECTION 8
(2.0) Circumvention
No person shall willfully cause or permit the installation or use of any
device or use of any means which, without resulting in a reduction
in the total amount of air contaminants emitted, conceals an emission
of air contaminants which would otherwise violate these rules and
regulations.
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SECTION 9
^2.0) Total Compliance
Where more than one ambient air quality standard or emission standard
may apply to a particular situation, all such standards must be met
for total compliance, unless otherwise provided for in these rules and
regulations.
SECTION 10
(9.0) Sampling and Analytical Procedures
All sampling and analytical procedures shall be as approved by the
Department. A procedures manual to be entitled "Procedures Manual
for Air Pollution Control" shall be published and maintained by the
Department staff. The procedures manual is available upon request.
SECTION 11
(2.0) Provisions Governing Specific Activities
A. Toxic Substances. Any contaminant which is by its nature toxic
to human or animal life or vegetation, but is not specifically
controlled elsewhere in these rules and regulations, shall not be
emitted in such quantities or concentrations as to alone, or in
combination with other contaminants, injure or unreasonably af-
fect human or animal life or vegetation. As information becomes
available, limits will be specified for concentration of toxic
materials in the ambient air and emission limits will be set
accordingly.
B. Modifying Physical Conditions. When physical conditions such as
tall adjacent buildings, valley and mountain terrain, etc., are
such as to limit the normal dispersion of air contaminants, the
Board may set more restrictive emission limitations on those
sources affected by the usual conditions when air quality stan-
dards would reasonably be expected to be exceeded.
C. Source Density. Should areas develop where an individual source
is meeting the requirements of these rules and regulations, yet
the ambient air quality standards are being exceeded or might
reasonably be expected to be exceeded, the Board may set more
restrictive emission limits than are contained in these rules
and regulations.
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B. AIR POLLUTION EMERGENCY REGULATION
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to define criteria for an air pol-
lution emergency, to formulate a plan for preventing or alleviating
such an emergency, and to specify rules and regulations for carrying
out the plan. The procedures for implementing this regulation are
delineated in Chapter XII of the State Implementation Plan.
SECTION 2
(8.0) EPISODE CRITERIA
In order to prevent air quality in any area of the state from degrad-
ing to the point where the public health would be substantially en-
dangered, the Department is specifying four stages or levels of atmos-
pheric stagnation and/or degraded air quality. At each of these levels,
a different emergency action plan will go into effect for the stricken
area. These stages consist of:
Stage 1 - Air Pollution Forecast: An internal watch by the Depart-
ment shall be actuated by a National Weather Service re-
port that an Atmospheric Stagnation Advisory to be issued,
or the equivalent local forecast of stagnant atmospheric
conditions.
Stage 2 - Alert: This is the first stage at which air pollution
corvtrol actions by industrial sources are to begin.
Stage 3 - Warning: the warning level indicates that air quality
is continuing to degrade and that further control actions
are necessary.
Stage 4 -
Emergency: The emergency level indicates that air quality
is continuing to degrade to a level that will endanger
the public health and that the most stringent control
actions are necessarv.
actions are necessary
Once an episode stage is reached, emergency action corresponding to
that level will remain in effect until air quality measurements indicate
that another stage (either lower or higher) has been attained. At such
time, actions corresponding to the next level will go into effect.
This procedure will continue until the episode is terminated.
The air quality criteria defining each of these episode stages are
presented in Figure VII-1. The 24-hour average ambient concentration
of particulate matter, measured either in micrograms per cubic meter
(ug/m3) or as a coefficient of haze (COHs), is oresented along the
-------
horizontal axis. The vertical axis presents the 24-hour average
ambient concentration of sulfur dioxide, measured either in parts
per million (ppm) or in micrograms per cubic meter (ug/m3).
SECTION 3
(14.0) PUBLIC NOTIFICATION
A. On the basis of degrading air quality as determined by the Depart-
ment, and the criteria for emergency episode levels as shown in
Figure VII-1, the Department will utilize appropriate news media
to insure that the following information is announced to the public:
1. Definition of the extent of the problem.
2. Indication of the action taken by the Department of Environmental
Protection and Health.
3. Air pollution forecast for next few days.
4. Notice of when the next statement from the Department of
Environmental Protection and Health will be issued.
5. Listing of all general procedures which the public, commercial,
institutional and industrial sectors are required to follow.
6. Specific warnings and advice to those person who because of
acute health problems, may be most susceptible to the effects
of the episode.
Such announcements will be made by the news media during regularly
scheduled television and radio news broadcasts and in all editions
of specified newspapers. In addition, when the stage 4 emergency
level is reached, television and radio stations designated by the
Department will repeat these announcements at one-hour intervals
during normal broadcasting hours.
B. The Department will assure that all significant source of air con-
taminants are notified of the emergency level by telephone, or
other appropriate means.
SECTION 4
(2.0) GENERAL RULES
All persons in the designated stricken area shall be governed by the
following rules for each emergency episode level:
A. Level 1 - Air Pollution Forecast
1. There shall be no open burning by any person of tree waste,
vegetation, refuse, or debris in any form (including those
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categories that are normally allowed under the Open Burning
Regulation).
B. Level 2 - Alert
1. There shall be no open burning by any persons of tree waste,
vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid
waste (except those conical burners for which specific Abate-
ment Plans exist) shall be limited to the hours between 12
noon and 4 p.m.
3. Persons operating fuel-burning equipment which requires boiler
lancing or soot blowing shall perform such operations
only between the hours of 12 noon and 4 p.m.
4. Commercial, industrial or institutional facilities utilizing
coal or residual fuel oils are required to switch to natural
gas or distillate oil if available.
C. Level 3 - Warning
1. There shall be no open burning by any persons of tree waste,
vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of
solid waste or liquid waste shall be prohibited (except
those conical burners for which specific Abatement Plans.
exist).
3. Persons operating fuel-burning equipment which requires boiler
'lancing or soot blowing shall perform such operations only
between the hours of 12 noon and 4 p.m.
4. Commercial industrial and institutional facilities utilizing
coal or residual fuel are required to either:
switch completely to natural gas or distillate oil.
if these low sulfur fuels are not available, curtail the
use of existing fuels to the extent possible without causing
injury to persons or damage to equipment.
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FIGURE VII-]
EMERGENCY EPISODE AIR POLLUTION CRITERIA
a;
CD
OJ
CM
CM
O
a.
a.
O.S
0.7
O.S
0.5
0.4
0.2
O.I
01
en
s_
01
CM
CM
O
to
OO
STAGE 4: EMERGENCY
100 2OO 3OO 4OO 500 SOO 70O SCO 9OO IOCO
Ug/m3 PARTICULATES (24 hr. average)
_L
23436
COHs (24 hr. average)
-20-
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D. Level 4 - Emergency (called only with specific concurrence of
Governor)
1. There shall be no open burning by any persons of tree waste,
vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid
or liquid waste shall be prohibited.
3. All places of employment described below shall immediately
cease operations:
a. Mining and quarrying of nonmetallic minerals.
b. All construction work except that which must proceed to
avoid emergent physical harm.
c. All manufacturing establishments except those required to
have in force an air pollution emergency plan.
d. All wholesale trade establishments, i.e. places of business
primarily engaged in selling merchandise to retailers or
industrial, commercial, institutional or professional users,
or to other wholesalers, or acting as agents in buying
merchandise for or selling merchandise to such persons or
companies except those engaged in the distribution of
drugs, surgical supplies and food.
e. All offices of local, county and State government including
authorities, joint meetings, and other public bodies except-
ing such agencies which are determined by the chief admini-
strative officer of local, county, or State government
authorities, joint meetings and other public bodies to be
vital for public safety and welfare and the enforcement
of the provisions of this order.
f. All retail trade establishments except pharmacies, surgical
supply distributors, and stores primarily engaged in the
sale of food.
g. Banks, credit agencies other than banks, securities and
commodities brokers, dealers, exchanges and services;
offices of insurance carriers, agents and brokers, real
estate offices.
h. Wholesale and retail laundries, laundry services and
cleaning and dyeing establishments; photography studios;
beauty shops, barber shops, shoe repair shops.
i. Advertising offices, consumer credit reporting, adjustment
and collection agencies; duplicating, addressing, blue-
printing; photocopy, mailing, mailing list and steno-
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graphic services; equipment rental services, commercial
testing laboratories.
j. Automobile repair, automobile services, garages.
k. Establishments rendering amusement and recreational services
including motion picture theaters.
1. Elementary and secondary schools, colleges, universities,
professional schools, junior colleges, vocational schools,
and public and private libraries.
4. All commercial and manufacturing establishments not included
in this order will institute such actions as will result in
maximum reduction of air pollutants from their operation by
ceasing, curtailing, or postponing operation which emit air
pollutants to the extent possible without causing injury to
persons or damage to equipment. These action include limiting
boiler lancing or soot blowing operations for fuel burning
equipment to between the hours of 12 noon and 4 p.m.
SECTION 5
(8.0) SPECIFIC EMERGENCY EPISODE ABATEMENT PLANS FOR POINT SOURCES
In addition to the general rules presented in Section 4 above, the
Department shall require that specific point sources adopt and
implement their own Emergency Episode Abatement Plans in accordance
with the criteria set forth in Section 2 above. An individual plan
be revised periodically by the Department after consultation between
the Department and the Point Source.
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C. AMBIENT AIR QUALITY STANDARDS
SECTION 1
(2.0) PURPOSE
It is the purpose of this regulation to establish air quality stand-
ards for the State of Idaho which define acceptable ambient concentra-
tions of air contaminants consistantwith established air quality
criteria.
SECTION 2
(2.0) GENERAL
A. The air quality standards established herein shall apply to all of
the State outside a source property line.
B. Where applicable air quality measurements shall be corrected to
a reference temperature of 70° F. and to a reference pressure of
14.7 pounds per square inch absolute.
C. At such time as additional pertinent information becomes available
with respect to air quality criteria, such information shall be
considered and new or revised air quality standards promulgated
as required.
D. The absence of an air quality standard for a specific contaminant
shall not preclude action by the Department to control such con-
taminants to assure the health, welfare and comfort of people of
the State.
E. All measurement techniques for determining compliance with national
Ambient Air Quality Standards shall be approved by EPA.
SECTION 3
(4.1) PARTICULATE MATTER
A. Primary air quality standards are:
1. 75 micrograms per cubic meterannual geometric mean.
2. 260 micrograms per cubic metermaximum 24 hour concentration
not to be exceeded more than once per year.
B. Secondary air quality standards are:
1. 60 micrograms per cubic meterannual geometric mean.
2. 150 micrograms per cubic metermaximum 24 hour concentration
not be be exceeded more than once per year.
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SECTION 4
(4.2) SULFUR OXIDES (SULFUR DIOXIDE)
A. Primary air quality standards are:
1. 80 micrograms per cubic meter (0.03 ppm) - annual
arithmetic mean.
2. 365 micrograms per cubic meter (0.14 ppm) - maximum 24-hour
concentration not to be exceeded more than once per year.
B. Secondary air quality standards are:
1. 1,300 micrograms per cubic meter (0.50 ppm) - maximum 3-hour
concentration not to be exceeded more than once per year.
C. When more than one standard is applicable, the interpretation
that results in the most stringent standard shall apply.
SECTION 5
(4.6) PHOTOCHEMICAL OXIDANTS
A. Primary and secondary air quality standards are:
1. 160 micrograms per cubic meter (0.08 ppm) - maximum 1-hour
concentration not to be exceeded more than once per year.
SECTION 6
(4.4) HYDROCARBONS
A. Primary and secondary air quality standards, as measured and
corrected for methane, are:
1. 160 micrograms per cubic meter (0.24 ppm) - maximum 3-hour
concentration (between 6 a.m. and 9 a.m.) not to be exceeded
more than once per year.
B. The hydrocarbon air quality standard is for use as a guide in
determining hydrocarbon emission control required to achieve the
photochemical oxidant standards.
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TABLE VII-1
MAXIMUM ALLOWABLE SULFUR DIOXIDE
GROUND-LEVEL LIMITS*
Cone (c)
in
ppm (vol . )
Column 1
1.51
or over
1.5
1.4
1.3
1.2
1.1
1.0
0.9
0.8
0.7
0.6
0.5
0.4
0.3
Total Cumulative
Daily Exposure
Duration (t) in Hours
Between Sunrise
Between Sunrise and next
and Succeeding
Sunset Sunrise
Column 2 Column 3
0.05
0.62
0.67
0.73
0.80
0.89
1.00
1.14
1.33
1.60
2.00
2.67
4.00
8.00
0.10
1.24
1.34
1.46
1.60
1.78
2.00
2.28
2.66
3.20
4.00
5.34
8.00
16.00
Total Cumulative
Monthly Exposure
Duration (t) in Hours
During Hours Anytime
Between Sunrise During
and Sunset Month
Column 4 Column 5
1.00
4.40
5.10
5.90
6.90
8.30
10.00
12.40
15.60
20.40
27.80
40.00
62.50
111.00
2.00
8.80
10.20
11.80
13.80
16.60
20.00
24.80
31.20
40.80
55.60
80.00
125.00
222.00
Interpolation of Columns 2, 3, 4 and 5 shall be based on the formula:
t =
1.6
c-0.21 t = 10/c2, and t = 20/c2respectively
-25-
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SECTION 7
^4.3) NITROGEN DIOXIDE
A. Primary and secondary air quality standards are:
1. TOO micrograms per cubic meter (0.05 ppm) - annual arithmetic
mean.
SECTION 8
(4.5) CARBON MONOXIDE
A. Primary and secondary air quality standards are:
1. 10 milligrams per cubic meter (9 ppm) - maximum 8-hour con-
centration not to be exceeded more than once per year.
2. 40 milligrams per cubic meter (35 ppm) - maximum 1-hour
concentration not to be exceeded more than once per year.
SECTION 9
(4.1) SETTLEABLE PARTICULATE
A. Primary and secondary air quality standards are:
1. 0.8 milligrams per square centimeter per month not to be
exceeded more than 25% of the time.
SECTION 10
(4.7) SULFURIC ACID MIST
A. Primary and secondary air quality standards are:
1. 12 micrograms per cubic meter - maximum 24-hour concentration
not to be exceeded more than once per month.
2. 30 micrograms per cubic meter - maximum 1-hour concentration
not to be exceeded more than twice per week.
SECTION 11
(4.7) FLUORIDES
A. Primary and secondary air quality standards are those concentra-
tions in the ambient air which result in a total fluoride content
in vegetation used for feed and forage of no more than:
1. 40 parts per million, dry basis - annual arithmetic mean.
-26-
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2. 60 parts per million, dry basis - monthly concentration for
two consecutive months.
3. 80 parts per million, dry basis - monthly concentration
never to be exceeded.
SECTION 12
(4.7) BERYLLIUM
A. Primary and secondary air quality standards are:
1. 0.01 micrograms per cubic meter - maximum 24-hour concentra-
tion not to be exceeded more than once per year.
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D. REGULATION FOR CONTROL OF OPEN BURNING
SECTION 1
(2.0) INTRODUCTION
A. Purpose
The purpose and intent of this regulation is to eliminate all
forms of open burning except those for which an alternate means
of producing a similar public benefit does not exist.
B. Non-exemption from other jurisdiction
The authority to continue certain forms of open burning under pro-
visions of this regulation does not exempt or excuse a person
from the consequent damage or injuries which may result from such
conduct, nor exempt a person from complying with applicable laws
and ordinances of other governmental jurisdiction not in conflict
with these regulations.
C. Local Control
This regulation is not intended to interfere with the rights of
city or county government to provide equal or more stringent
control of open burning within their respective jurisdictions.
SECTION 2
(2.0) GENERAL RESTRICTIONS
A. Notwithstanding the provisions of subsection B of this section,
no person shall allow, suffer, cause or permit the open burning
of materials which emit toxic contaminants or large volumes of
smoke, participates or odors (such materials are garbage, rubber,
plastics, heavy petroleum products, dead animals, etc.).
B. No person shall allow, suffer, cause or permit any open burning
operation which does not fall into at least one of the categories
of Section 3.
C. Any open burning operation that would normally be allowed by
Section 3 of this regulation, but is determined to be a nuisance,
hazard, or source of air pollution, shall be prohibited.
SECTION 3
(51.13) CATEGORIES OF ALLOWABLE BURNING
A. Fires used for the preparation of food, campfires and fires for
recreational purposes, under control of a responsible person.
-28-
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B. Fires used for control or alleviation of fire hazard or for weed
control when no alternate control method exists. When such
burning requires a permit from an organized fire-fighting agency
having proper jurisdiction, issuance of such permit shall be
based on consideration of potential environmental damage and
suitability of alternate methods in addition to other factors.
C. Fires used in the training of organized fire-fighting personnel.
D. Properly operated industrial flares for combustion of flammable
gases.
E. Readily combustible rubbish produced by operation of a domestic
household may be burned on the property from which the rubbish
was generated if no public or commercial solid waste collection
service is available and the property is located in an area of
low population density, defined as having fewer than 100 dwelling
units per square mile. This shall include tree leaves and
gardening waste. Rubbish is defined in the Idaho Solid Waste
Control Regulations and Standards as "non-putrescible solid waste
except abandoned vehicles and car bodies or car body parts, in-
dustrial solid waste and agricultural solid waste."
F. Burning at community tree disposal areas and private disposal
sites shall be in compliance set forth in the Idaho Solid Waste
Control Regulations and Standards.
G. Open burning of junked motor vehicles will be permitted under the
following conditions until December 31, 1971:
1. The persons responsible for the burning of a salvage operation
shall contact a State Air Pollution Control Office of proper
jurisdiction to obtain a weather evaluation and permission
to burn on that day.
2. No burning will be allowed on Saturday or Sunday.
3. Burning hours will be 10:00 a.m. - 4:00 p.m. unless other-
wise stated.
4. Number of units to be burned at any one location at one burn
shall be limited to 100 unless otherwise stated.
5. Tires and floormats shall be removed prior to burning.
6. Every reasonable effort will be made on the part of the sal-
vage operation to prepare the units in such a manner that
rapid and efficient combustion will occur.
Any burning of motor vehicles after December 31, 1971, if deter-
mined by the Department to be necessary, shall be conducted at
one or several centralized locations. Such locations shall be
-29-
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approved by the Idaho Department of Environmental Protection and
Health.
H. The open burning of plant life grown on the premises in the
course of any agricultural, forestry, or land clearing operation
may be permitted when it can be shown that such burning is nec-
essary and that no fire or traffic hazard will occur. Convenience
of disposal is not of itself a valid necessity for burning.
1. It shall be the responsibility of any person conducting such
burning to make every responsible effort to burn only when
weather conditions are conducive to a good smoke dissipation
and only when an economical and reasonable alternate method
of disposal is not available.
2. When such alternate method is made available, it shall be
put into use within a reasonable time.
3. Any person conducting an agricultural, forestry, or land
clearing burning operation similar to an operation carried
out by a governmental agency shall follow the rules and
procedures of the agency with regard to minimizing air
pollution.
4. When such burning creates air pollution or a public nuisance,
additional restrictions may be imposed to minimize the
effect upon the environment.
I. Orchard heating is a recognized necessity for protection of crops
from frost damage and will be permitted under the following con-
ditions:
1. Open burning of tires and similar type rubber materials is
prohibited.
2. After June 1, 1974, the use of stackless open-pot type heaters
shall be prohibited.
3. After June ls 1974, no orchard heating device with visible
emission exceeding No. 2 on the Ringelmann Smoke Chart at
normal operating conditions shall be used.
4. All heaters purchased after the effective date of these reg-
ulations shall emit no more than one (1.0) grams per minute
of solid carbonaceous matter at normal operating conditions
as certified by the manufacturer. At the time of purchase,
the seller shall certify in writing to the purchaser that all
new equipment is in compliance with these rules and regulations.
5. A listing of heaters known to meet these standards shall be
maintained by the Department and made available upon request.
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E. REGULATION FOR CONTROL OF SMOKE AND OTHER VISIBLE EMISSIONS.
SECTION 1
(2.0) PURPOSE
The purpose of this regulation- is to control visible emission from
all sources. Such control will alleviate many significant nuisance
problems as well as help to achieve and maintain acceptable levels
of ambient air quality.
SECTION 2
(50.1.2) STANDARD FOR EXISTING SOURCES
No person shall allow the emission of any air contaminant for a
period or periods aggregating more than three (3) minutes in any
one hour which is:
A. Darker in shade than that designated No. 2 (40% density) on the
Ringelmann Chart as published by the United States Bureau of Mines;
OR
B. Of such opacity as to obscure an observer's view to the same
degree as an emission described in A above.
SECTION 3
(10.0) STANDARD FOR NEW SOURCES
No person shall allow the emission of any air contaminant for a
period or periods aggregating more than three (3) minutes in any one
hour which is:
A. Darker in shade than that designated No. 1 (20% density) on the
Ringelmann Chart as published by the United States Bureau of Mines;
OR
B. Of such opacity as to obscure an observer's view to the same
degree as an emission described in A above.
SECTION 4
(9.0) POINT OF MEASUREMENT
The density or opacity of an air contaminant shall be measured at
the point of its emission if observable, and if not shall be measured
at an observable point on the plume nearest the point of emission.
When water particulate contributes to the opacity of a visible emission.
the measurement, shall be made immediately beyond the point where the
water particulate dissipates and no longer contributes to the opacity.
-31-
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SECTION 5
(2.0) EXCEPTION
This, Visible Emission Regulation shall not apply when the presence
of wafer or condensing water "vapor is the only reason for the fail-
ure of the emission to comply with the requirements of this chapter.
-32-
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F. REGULATION FOR CONTROL OF FUGITIVE DUST
SECTION 1
(2.0) Purpose
The purpose of this regulation is to require that all reasonable pre-
cautions be taken to prevent the generation of fugitive dust.
SECTION 2
(50.1) General Rules
All reasonable precautions shall be taken to prevent particulate mat-
ter from becoming airborne. In determining what is reasonable, con-
sideration will be given to factors such as the proximity of dust
emitting operations to human habitations and/or activities and at-
mospheric conditions which might affect the movement of particulate
matter. Some of the reasonable precautions may include, but are not
limited to, the following:
A. Use, where possible, of water or chemicals for control of dust
in the demolition of existing buildings and structures, construct-
ion operation, the grading of roads, or the clearing of land.
B. Application of asphalt, oil, water or suitable chemicals to, or
covering of dirt roads, material stockpiles, and other surfaces
which can create dusts.
C. Installation and use of hoods, fans and fabric filters or equiv-
alent systems to enclose and vent the handling of dusty materials.
Adequate containment methods should be employed during sandblast-
ing or other operations.
D. Covering, at all times when in motion, open bodied trucks trans-
porting materials likely to give rise to airborne dusts.
E. Conducting of agricultural practices such as tilling of land,
application of fertilizers, etc., in such a manner as to limit
dust from becoming airborne.
F. Paving of roadways and their maintenance in a clean condition.
G. Prompt removal of earth or other stored material from streets.
-33-
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G. REGULATION FOR CONTROL OF PARTICULATE EMISSIONS FROM FUEL BURNING
EQUIPMENT.
SECTION 1
(2.0) Purpose
The purpose of this regulation is to establish limits of particulate
emission from fossil fuel burning equipment and from hogged fuel
boilers.
SECTION 2
(51.5) General Rules
A. No person shall allow, suffer, cause or permit emissions into the
outdoor atmosphere from any fuel burning equipment or to pass a
convenient measuring point near the stack outlet, particulate
matter in the flue gases to exceed the following standards:
1. For operations with total heat input less than ten million
BTU per hour - 0.6 pounds of particulates per million BTU
heat input.
2. For operations with total heat input greater than ten billion
BTU per hour - 0.12 pounds of particulates per million BTU
heat input.
3. For operations with total heat input greater than ten million
and ten billion BTU per hour the maximum allowable emission,
Y (pounds), shall be determined by the following equation:
Log Y = 0.2300 log X - 2.0111
where X is the total heat input in millions of BTU.
4. Figure VII-1 illustrates these emission standards.
B. Heat input shall be calculated as the aggregate heat content of
all fuels (using the upper limit of their range of heating value)
whose products of combustion pass through the stack or chimney.
1. When two or more fuel-burning units are connected to a single
stack, the combined heat input of all units connected to the
stack shall be used to determine the allowable emission from
the stack.
2. When a single fuel-burning unit is connected to two or more
stacks, the allowable emission from all the stacks combined
shall not exceed that allowable for the same unit connected
to a single stack.
-34-
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SECTION 3
(2.0) Exceptions
All fuel burning equipment rated less than one (1) million BTU
per hour heat input is exempt from this regulation.
-35-
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oo
g
LU
C_J
II
I
oi
«t
Q.
LU
I
CD
3
0.
c
S-
o.
a
c
3
O
a.
FIGURE VII-2
MAXIMUM ALLOWABLE PARTICULATE EMISSIONS
as a Function of Heat Input
0.20 -
0.10
5 10
5O IOO
50O 1,000
OJ2
5PCO C.OOO 3O.OOO
TOTAL HEAT INPUT (millions of BTU's/hr)
-36-
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H. REGULATION FOR CONTROL OF PARTICULATE EMISSIONS FROM INDUSTRIAL
PROCESS
SECTION 1
(2.0) Purpose
The purpose of this regulation is to establish particulate emission
limits for any operation, process or activity not identified by name
and specifically regulated elsewhere in these rules and regulations,
and shall apply during normal operation.
SECTION 2
(50.1) EMISSION LIMITATIONS
No person shall cause, suffer, allow or permit the emission of par-
ticulate matter to the atmosphere from any process or process equip-
ment in excess of the amount shown in Table VII-2 for the process
weight rate allocated to such a process or process equipment. The
rate of emission shall be the total of all emission points from the
source.
-37-
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TABLE VII-2
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE*
Process Weight
Rate
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Tons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process Weight
Rate
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000 1,
6,000,OOC 3,
Tons/Hr
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
000.00
000.00
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
interpolation of the data in this table for process weight rates up to 60,000
Ib/hr shall be accomplished by use of the equation E = 4.10 P°-67} anc| inter-
polation and extrapolation of the data for process rates in excess of 60,000
Ib/hr shall be accomplished by use of the equation:
E = 55.0 P0-11 -40, where E = rate of emission in Ib/hr and
P = process weight rate in tons/hr.
-38-
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I. REGULATION FOR SULFUR CONTENT OF FUELS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to prevent excessive ground level
concentrations of sulfur dioxide from fuel burning sources in Idaho.
SECTION 2
(50.2) SULFUR CONTENT IN FUELS
Definitions as used in this regulation:
1. "ASTM" means American Society for Testing and Materials.
2. "Distillate Fuel Oil" means any oil meeting the specifications
of ASTM Grade 1 or Grade 2 fuel oils.
3. "Residual Fuel Oil" means any oil meeting the specifications
of ASTM Grade 4, Grade 5 and Grade 6 fuel oils.
SECTION 3
'50.2) RESIDUAL FUEL OILS
1. After January, 1973, no person shall sell, distribute, use or make
available for use, any residual fuel oil containing more than 2.5
percent sulfur by weight.
2. After January, 1974, no person shall sell, distribute, use
or make available for use, any residual fuel oil containing
more than 1.75 percent sulfur by weight.
SECTION 4
(50.2) DISTILLATE FUEL OIL
1. After January- 1973, no person shall sell, distribute, use,
or make available for use,, any distillate fuel oil containing
more than the following percentages of sulfur:
a) ASTM Grade 1 fuel oil - 0.3 percent by weight
b) ASTM Grade 2 fuel oil - 0.5 percent by weight
-39-
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SECTION 5
;S0.2) COAL
1. After January 1, 1973, no person shall sell, distribute, use, or
make available for use, any coal containing greater than 1.0
percent sulfur by weight.
-40-
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J. REGULATION FOR CONTROL OF FLUORIDE EMISSIONS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to prevent the emission of fluorides
such that the accumulation of fluorine in feed and forage for live-
stock does not exceed the safe limits specified below.
SECTION 2
(50.7) GENERAL RULES
A. No person shall allow, suffer, cause or permit the discharge into
the atmosphere of fluorine, fluorides, or other fluorine compounds
in such quantities that, in combination with all other sources
of fluorinr, fluorides or other fluorine compounds, both of nat-
ural and man-made origins, the total fluoride content in feed and
forage exceeds the standards listed in SECTION 12 of the Ambient
Air Quality Standards Regulation.
B. Compliance with SUBSECTION A of this SECTION will be adjudged upon
the results of the continuing program of fluoride sampling of
potential grazing areas and alfalfa growing areas conducted by the
Department.
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K. REGULATION FOR CONTROL OF ODORS
SECTION 1
(2-0) PURPOSE
The purpose of this regulation is to control odorous emissions from
all sources for which no other gaseous emission control regulations
apply.
SECTION 2
(50.6) GENERAL RULES
A. No person shall allow, suffer, cause or-permit the emission of
odorous gases, liquids or solids into the atmosphere in such
quantities as to cause air pollution.
B. No person shall allow, suffer, cause or permit any plan engaged
in that processing of animal, mineral, or vegetable matter or
chemical processes utilizing animal, mineral or vegetable mat-
ter to be operated without employing reasonable measures for
the control of odorous emissions including wet scrubbers, in-
cinerators, chemicals or such other measures as may be approved
by the Department.
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L. REGULATION FOR CONTROL OF INCINERATORS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to prevent excessive emissions
of particulate matter from incinerators.
SECTION 2
(51.9) GENERAL RULES
A. No person shall allow, suffer, cause or permit any incinerator
to discharge more than 0.2 pounds of particulates per 100 pounds
of refuse burned.
B. No person shall allow, suffer, cause, or permit any new domestic.
commerical, industrial, or municipal incinerator to be installed
or operated unless the installation and operation complies with
the provisions and requirements of the "Multiple-Chamber Incin-
erator Design Standards for Los Angeles County" or unless such
incinerator is found by the Department to be equally effective
for the purpose of air pollution control.
SECTION 3
(2.0) EXCEPTIONS
This regulation does not apply to wigwam burners.
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M. REGULATION FOR CONTROL OF MOTOR VEHICLE EMISSIONS
SECTION 1
(2.0) PURPOSE
The purpose of,this regulation is to prevent excessive emission from
motor vehicles.
SECTION 2
(12.0) GENERAL RULES
A. No person shall allow, suffer, cause, or permit the removal,
disconnection or disabling of a crankcase emission control system
or device, exhaust emission control system or device, fuel
evaporative emission control system or device, or any other
system or device which has been installed on a motor vehicle in
accordance with Federal Laws and regulations while such motor
vehicle is operating in the State.
B. No person shall discharge into the ambient air any visible emission
from any motor vehicle which is:
1. Darker in shade than smoke designated as No. 2 on the Ringel-
mann Smoke Chart, or
2. Of such opacity as to obscure an observer's view to a degree
greater than does smoke designated as No. 2 on the Ringelmann
Smoke Chart (when used as a measure of opacity), except that
this restriction shall not apply when condensing water vapor
is the only reason for non-compliance.
(NOTE: SECTION 49-835, IDAHO CODE, requires that "The engine
and power mechanism of every motor vehicle shall be so equipped
and adjusted as to prevent the escape of excessive fumes or
smoke.")
-44-
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N. REGULATION FOR CONTROL OF HOT-MIX ASPHALT PLANTS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to establish for hot-mix asphalt
plants restrictions on the emission of particulate matter.
SECTION 2
(51.8) GENERAL RULES
A. Permanent Locations
No person shall cause, allow or permit a hot-mix asphalt plant
which is intended to be located in one location or area for an
extended period of time to have particulate emissions which ex-
ceed the Table of Allowable Rate of Emissions Based on Process
Weight Rate.
B. Temporary Locations
1. No person shall cause, allow or permit any portable hot-mix
asphalt plant to be operated without a particulate collection
system which shall have a collection efficiency of at least
80 percent.
2. No person shall cause, allow or permit to operate
a. within one-half (1/2) mile of any structure used for
a residence, campground, or park,
b. within five (5) miles of a city limit boundries, or
within the boundaries of an incorporated city,
c. at any location which may cause or create a nuisance or
hazard,
a portable hot-mix asphalt plant so that particulate emissions
exceed the Table of Allowable Rate of Emissions Based on Pro-
cess Weight Rate.
C. Multiple Stacks
In the case of more than one stack to a hot-mix asphalt plant,
the emission limitation will be based on the total emission from
all stacks.
0. Fugitive Dust Control
No person shall cause, allow or permit a plant to operate that
is not equipped with an efficient fugitive dust control system.
-45-
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The system shall be operated and maintained in such a manner as
to satisfactorily control the emission of participate material
from any point other than the stack outlet.
The owner or operator of the plant shall maintain fugitive dust
control of the plant premises and plant owned, leased or con-
trolled access roads by paving, oil treatment or other suitable
measures. Good operating practices, including water spraying
or other suitable measures, shall be employed to prevent dust
generation and atmospheric entrainment during operations such
as stockpiling, screen changing and general maintenance.
-46-
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0. REGULATION FOR CONTROL OF KRAFT PULPING MILLS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to establish for kraft pulping mills
restrictions additional to the general regulations presented in this
Chapter; to formulate a schedule for compliance with the restrictions;
and to formalize the policy of the Department concerning emissions
control from kraft pulping mills.
SECTION 2
(2.0) STATEMENT OF POLICY
It is hereby declared to be the policy of the Department to:
A. Require, in accordance with a specific program and timetable, the
highest and best practicable treatment and control of emissions
through the utilization of technically feasible equipment, de-
vices and procedures;
B. Require effective monitoring and reporting of emissions and re-
porting of other data pertinent to air quality or emissions.
The Department will use these data in conjunction with other data
on ambient air and local conditions to develop and revise
emission standards and air quality standards as necessary, and
to determine compliance therewith.
C. Encourage and assist the kraft pulping industry to conduct
research and technological development designed to progressively
reduce emissions in accordance with specific programs, objectives
and time schedules.
D. Establish standards deemed to be technically feasible and reason-
ably attainable, with the intent of revising the standards as
necessary when new information and technology are developed.
E. Establish more restrictive standards for new mills or for mills
expanding existing facilities.
SECTION 3
(51-14) GENERAL RULES
A. All emission standards in this section are based on average daily
emissions. These limitations do not preclude a requirement to
install the highest and best practicable treatment and control
available.
B. The emission of TRS from all recovery furnace stacks shall not
exceed two pounds of sulfur per ton of equivalent air-dried kraft
-47-
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pulp or, from each recovery furnace stack, seventy ppm expressed
as hydrogen sulfide on a dry basis, whichever is the more re-
strictive. Compliance shall be achieved by December, 1972.
C. The emission of TRS from all recovery furnace stacks shall be
further reduced so as not to exceed one-half pound of sulfur per
equivalent ton of air-dried kraft pulp, or from each- recovery
furnace stack seventeen and one-half ppm, expressed as hydrogen
sulfide on a dry gas basis, whichever is the more restrictive,
or such other limit of TRS that proves to be reasonably attainable
utilizing the latest in design of recovery furnace equipment,
controls, and procedures. Compliance shall be achieved by not
later than July, 1975.
D.. Non-condensibles from digesters and multiple-effect evaporators
shall be treated to reduce the emission of TRS equal to the
reduction achieved by thermal oxidation in a lime kiln. Com-
pliance with this requirement shall be achieved by not later than
July, 1972.
E. The emission of particulate matter from all recovery furnace
stacks shall not exceed four pounds per ton of equivalent
air-dried kraft pulp. Compliance with this requirement shall
be achieved by not later than July, 1975.
F. The emission of particulate matter from all lime kilns shall not
exceed one pound per ton of equivalent air-dried kraft pulp.
Compliance with this requirement shall be achieved by not later
than July, 1975.
G. The emission of particulate matter material from all smelt tanks
shall not exceed one-half pound per ton of equivalent air-dried
kraft pulp. Compliance with this requirement shall be achieved
by not later than July, 1972.
SECTION 4
(9.0) MONITORING AND REPORTING
(13.0)
A. Every kraft mill in the State shall install equipment for the con-
tinuous monitoring of TRS.
1. The monitoring equipment shall be capable of determining com-
pliance with these standards and shall be capable of con-
tinuous sampling and recording of the concentrations of TRS
contaminants during a time interval not greater than thirty
minutes.
2. The sources monitored shall include, but are not limited to,
the recovery furnace stacks and the lime kiln stacks.
-48-
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B. Each mill shall sample the recovery furnace, lime kiln, and
smelt tank for participate emissions on a regularly scheduled
basis in accordance with its sampling program as approved' by the
Department.
C. Each mill shall submit within sixty days after effective date
of this regulation a detailed monitoring program and time
schedule for approval by the Department. The equipment shall
be ordered within thirty days after the monitoring program
has been approved in writing by the Department. The equipment
shall be placed in effective operation in accordance with the
approved program within ninety days after delivery.
D. Unless otherwise authorized by the Department, data shall be re-
ported by each mill at the end of each calendar month, as follows:
1. Daily average emission of TRS gases expressed in parts per
million on a dry gas basis for each source included in the
approved monitoring program.
2. The number of hours each day that the emission of TRS gases
from each recovery furnace stack exceeds emission standards
and the maximum concentration of TRS measured each day.
3. Emission of TRS gases in pounds of sulfur per equivalent air-
dried ton of pulp processed in the kraft cycle on a monthly
basis for each source included in the approved monitoring
program.
4. Emission of particulates in pounds per equivalent air-dried
ton of pulp produced in the kraft cycle based upon sampling
conducted in accordance with the approved monitoring program.
5. Average daily equivalent kraft pulp production in air-dried
tons.
6. Other emission data as specified in the approved monitoring
program.
E. Each kraft mill shall furnish, upon request of the Department,
such other pertinent data as the Department may require to evaluate
the mill's emission control program. Each mill shall immediately
report abnormal mill operations which result in increased emissions
of air contaminants, following procedures set forth in the
approved monitoring program.
SECTION 5
(2.0) SPECIAL STUDIES
A. Special, studies, having prior approval of the Department, shall
be conducted, and the results thereof submitted to the Department
by December, 1972. The studies shall cover the following areas:
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1. Evaluation of the emissions of TRS from all other sources
within the mill. Other sources means sources of odorous
sulfur emissions including, but not limited to, vents
from lime kilns, knotters, brown stock pulp washers, multiple-
effect evaporators, digesters, blow tanks, smelt tanks,
blow heat accumulators, black liquor storage, black liquor
oxidations systems, tall oil recovery operations, and any
operation connected with the handling of condensate liquids
within the mill or any vent which may be a significant
contributor of odorous gases.
2. Evaluation of the emissions of sulfur dioxide from all
sources within the mill, including but not necessarily
limited to, the recovery furnace, lime kiln, and power
boilers.
3. Evaluation of water vapor emissions from all sources within
the mill.
B. The Department may require each such additional special studies
relevant to air pollution and establish completion dates as
necessary.
SECTION 6
(2.0) EXCEPTIONS
The emission limits established under SECTION 3 apply to the
specific process as described in the SUBSECTIONS of SECTION
3. These emission limits do not apply to open burning, power
boilers, or other operations conducted at the site of or
ancillary to the kraft pulp mill operation. Such ancillary
operations must meet standards established in the other
Rules and Regulations.
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P. REGULATION FOR CONTROL OF WIGWAM BURNERS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to reduce, through established de-
sign and operation criteria, the emissions of smoke and particulates
from wigwam burners utilized for disposal of wood, bark, or other
plant fiber.
SECTION 2
(51.20) GENERAL RESTRICTIONS
No person shall allow, suffer, cause or permit the discharge of air
contaminants into the outdoor atmosphere from any wigwam burner for
a period or periods aggregating more than three (3) minutes in any
one (1) hour which is:
A. Darker in shade than smoke designated at #1 on the Ringelmann
Smoke Chart, or
B. Of such opacity as to obscure an observer's view to a degree
greater than do emissions designated as #1 on the Ringelmann
Smoke Chart (when used as a measure of opacity).
SECTION 3
(2.0) DESIGN CRITERIA
After July 1, 1972, no person shall allow, suffer, cause or permit
any wigwam burner to be operated without:
A. Keeping a continuous recording of the stack exit gas temperatures
Such recordings shall include the operator's name and an explana-
tion for all temperatures below smokeless operation (generally
found to be 700-900°F). Such records along with a clean out and
maintenance schedule, shall be submitted to the Department of
Environmental Protection and Health at such occasions and
frequencies as requested from time to time on an individual
or class basis.
B. Proper construction - including:
1. A reasonably airtight shell, including conveyor door opening.
2. A forced under fire system to supply sufficient combustion
air to all portions of the fuel pile, with individual air
outlets designed to provide maximum diffusion and to
minimize plugging ash or clinkers.
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3. A forced over fire system of such design to encourage
air and minimize particulate fallout.
4. A top damper capable of 100% closure.
In excessive problem areas additional measures may be required, in-
cluding, but not limited to, auxiliary fuel, surge bins and automated
controls in order to aid in improving operations where necessary as
determined by repeated violations.
SECTION 4
(2.0) EXCEPTIONS
A. Small burners less that 25' in total height need not measure stack
temperature if they can continuously demonstrate compliance with
Section 2 of this Regulation.
B. All burners able to demonstrate ability to maintain and operate
within the visible limits described under Section 2 and have no
apparent fallout problem need not comply with Section 3B.
C. Within one (1) hour of the start of a new fire or during upset
conditions as described in Regulation A, Section 5, Compliance
with Section 2 of this regulation need not be met.
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(2.0)
(51.21)
Q. REGULATION FOR CONTROL OF RENDERING PLANTS
SECTION 1
PURPOSE
The purpose of this regulation is to establish for rendering plants
limitations on the emission of odors.
SECTION 2
GENERAL RESTRICTIONS
A.
No person shall allow, suffer, cause,'or permit the operation or
use of any device, machine, equipment, or other contrivance to
cook inedible animal or marine matter unless all gases, vapors,
and gas entrained effluents from these processes
through condensers to remove all steam and other
materials. All non-condensables passing through
must then be incinerated at 1200°:F for a minimum
are passed
condensible
the condensers
of 0.3 seconds.
(2.0)
B. No person shall allow, suffer, cause, or permit the installation
or operation of an expellor unless it is properly hooded and all
exhaust gases are ducted to odor control equipment.
C. No person shall allow, suffer, cause, or permit the installation
or operation of a rendering plant unless plant ventilation air
is collected and ducted to odor control equipment.
SECTION 3
EXCEPTIONS
A. SUBSECTION C of SECTION 2 shall not apply when it can be demon-
strated that without ducting plant ventilation air to the odor
control equipment no noticeable odors from the plant can be
detected at the property line.
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S. REGULATION FOR CONTROL OF SULFUR OXIDE EMISSIONS FROM COMBINED
ZINC/LEAD SMELTER OPERATIONS
SECTION 1
(2.0) PURPOSE
The purpose of this Regulation is to establish a program whereby
operators of zinc/lead smelters will take steps to immediately
improve air quality in the area surrounding such smelters and at-
tain compliance by July 31, 1977 with all Primary Sulfur Dioxide
Ambient Air Quality Standards, and by July 31, 1978 for the Three-
Hour Secondary Ambient Air Quality Standard.
SECTION 2
(51.11) Control of Fugitive Sulfur Dioxide Emissions
(1) The owner(s) or operator(s) of combined zinc/lead smelters
located in the Eastern Washington - Northern Idaho Inter-
state Air Quality Control Region shall utilize best engi-
neering techniques to capture and- vent fugitive S02 emissions
through stack or stacks. Such techniques shall include but
not be limited to:
(i) Maintaining and operating all ducts, flues, and stacks
in a leak-free condition.
(ii) Maintaining and operating all process equipment and gas
collection systems in such a fashion that leakage of SO?
gases will be prevented to the maximum extent possible.
(iii) Wherever possible, using gas collection systems and/or
ducting emissions through the tallest stack or stacks
serving the facility.
(2) (i) Compliance with Paragraph 0)(i) and (ii) of this Section
shall be achieved as expeditiously as practicable but not
later than 6 months following date of adoption of this
Regulation.
(ii) The owner(s) or operator(s) of combined zinc/lead smelters
shall submit to the Director, no later than thirty (30)
days following the date of final adoption by the Board of
Health and Welfare, a proposed compliance schedule for
compliance with Section 11(1) (iii). No such compliance
schedule may provide for final compliance after July 31, 1977
If approved by the Director, such schedule shall satisfy
the requirements of this Paragraph.
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SECTION 3
(51.11) Permanent Control of Sulfur Dioxide Emissions
(1) The owner(s) or operator(s) of combined zinc/lead smelters
In the Eastern Washington - Northern Idaho Interstate Air
Quality Control Region shall comply with all the requirements
of this Section, except as provided in Section IV of this
Regulation.
(2) The owner(s) or operator(s) of the combined zinc/lead smelters
shall not discharge or cause the discharge of S0£ into the at-
mosphere in excess of 1900 pounds per hour - maximum 1 hour
average. Such limitation shall apply to the sum total of S02
emissions from the combined zinc/lead smelter premises, but
not including uncaptured fugitive .emissions and those emissions
due solely to use of fuel for space heating or steam generation.
Compliance with this Paragraph shall be achieved as expeditiously
as practicable but not later than July 31, 1977.
(3) The owner(s) or operator(s) of the combined zinc/lead smelter
shall provide interim measures of control, including but not
limited to, use of existing S02 control system and the applic-
ation of supplemental control systems, together with an adequate
ambient air and meteorological monitoring network.
(4) (i) The owner(s) or operator(s) of the combined zinc/lead smelter
shall comply with the compliance schedule specified below:
(a) Effective immediately, apply supplemental control systems
and other appropriate interim measures to reduce, to
the greatest extent practicable, ground level ambient
S02 concentrations.
(b) Effective immediately, limit the discharge of S02 into
the atmosphere by utilizing to the maximum extent
practicable all existing sulfuric acid plant controls
for both the lead and zinc plants.
(c) Thirty (30) days after adoption of this Regulation,
submit a final plan to the Director for meeting the
requirements of Paragraph (2) of this Section. Such
plan shall be subject to approval by the Director.
(d) July 31, 1975 - Limit S02 discharge to a maximum of
1200 tons per any consecutive 7 day period (midnight
to midnight). Such limitation shall apply to the sum
total of S02 emissions from the combined zinc/lead
smelter premises, but not including uncaptured fugitive
emissions and those emissions due solely to use of
fuel for space heating or steam generation, as
measured by the methods specified in Paragraph (6)
of this Section. The procedure used to determine the
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total emissions for a 7 day period shall be as
defined in 'Section IV (6)(i).
(e) Let contracts or issue purchase orders for emission
control systems and/or process modifications by
July 1, 1975.
(f) Initiate on-site construction and/or installation of
emission control equipment or process change by
September 1, 1976.
(g) Complete on-site construction and/or installation
of emission control systems or process change by
July 1, 1977.
(h) July 31, 1977 - Achieve final compliance with the
requirements of paragraph (2) of this Section.
(ii) The owner(s) or operator(s) of the combined zinc/lead smel-
ter shall certify to the Director within fifteen (15)
days after the deadline for each increment of progress,
whether or not the required increment of progress has been
met.
(iii) If a performance test is necessary to determine whether
compliance has been achieved, such a test must be completed
by the final compliance dates listed in III(4)(i). Notice
must be given to the Director at least ten days prior to
such a test to afford him the opportunity to have an
observer present.
(iv) If the owner(s) or operator(s) of the combined zinc/lead
smelter are presently in compliance with the requirements
of Paragraph (2) of this Section or achieve compliance
prior to July 31, 1977, such compliance shall be
to the Director within thirty (30) days following the date
of adoption of these requirements as a final Regulation
by the Board of Health and Welfare or within thirty (30)
days of achieving compliance. If such certification is
acceptable to the Director, the applicable requirements of
this Paragraph shall not apply to the certified sources.
The Director may request whatever supporting information
he considers necessary to determine the validity of the
certification.
(v) The owner(s) or operator(s) of the combined zinc/lead
smelter may submit to the Director, no later than thirty
(30) days following the date of adoption of these require-
ments as a final Regulation by the Board of Health and
Welfare, a proposed alternate compliance schedule. No
such compliance schedule may provide for final compliance
after July 31, 19//. if approved by the Director, such
schedule shall satisfy the compliance schedule requirements
of this Paragraph.
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(5) The owner(s) or operator(s) of the combined zinc/lead smelter
shall install, calibrate, maintain and operate measurement
system(s) for continuously monitoring and recording S02 emission
rates in each stack capable of emitting greater than 50 tons
S02/ year.
(i) These measurement system(s) shall be demonstrated in
accordance with the specification test procedures prescribed
by the Director.
(ii) These measurement system(s) installed and used pursuant to
this Paragraph shall be maintained, operated and calibrated
in accordance with the methods prescribed by the manufacturers
Records of maintenance and/or calibration shall be kept
and submitted to the Director upon request. These records
shall clearly show instrument readings before and after
such calibration and/or maintenance.
(iii) The owner(s) or operator(s) of the combined zinc/lead
smelter shall maintain a record of all measurements re-
quired by this Paragraph. For each day, beginning at
midnight, one hour average S02 emission rates shall be
calculated per the method specified in Paragraph (6) of
this Section. The reuslts of these calculations for each
month shall, be submitted to the Director within 15 days
following the end of each month. The records of such
measurements shall be retained for a minimum of two years
following the date of such measurements.
(iv) The continous monitoring and record keeping requirements
of this Paragraph shall becom applicable nine months
following the date of adoption of these requirements as
a final Regulation by the Board of Health and Welfare.
(6) Compliance with the requirements set forth in Paragraph (2)
of this Section shall be determined using the continuous
measurement system (s) installed, calibrated, maintained
and operated in accordance with the requirements of Paragraph
(5) of this Section.
(i) For each stack equipped with the measurement systems re-
quired by Paragraph (5) of this Section, one-hour average
S02 emission rates shall be calculated as follows:
(a) Determine S02 concentration and stack gas flow rate
measurements for each one-hour period. These measure-
ments may be obtained either by continuous integration
of S02 concentrations and stack gas flow rate measure-
ments recorded during the one-hour period or from
the arithmetic averaged of any reasonable number of
of S02 concentrations and stack gas flow rate measure-
ments. These measurements shall be taken for each
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one-hour period and shall be similarly spaced within
each one-hour period.
(b) For the one-hour period, calculate the
average S02 emission rate (expressed in
for each stack). Total the average
rates for all stacks.
arithmetic
Ibs. S02/hour
S02 emission
(ii)
A violation of the requirements of Paragraph III (2) shall
occur whenever the total 502 emission rate for a one-hour
period calculated per Paragraph (6)(i)(b) of this Section
exceeds the S02 emission rate specified in Paragraph (2)
of this Section.
SECTION 4
(51.11)
Alternate Control of Sulfur Dioxide Emission
(1) The owner(s) or operator(s) of any combined zinc/lead smelters
located in the Eastern Washington - Northern Idaho Intrastate
Air Quality Control Region may apply to the Director for
approval to meet the requirements of this Section. Upon such
approval, granted pursuant to Paragraph (3) of this Section,
the requirements of Section III shall not be applicable and
all requirements of this Section shall apply during the period
of such approval.
(2) All terms used in this Section but not specifically defined
below shall have the meaning given them in Regulation A.
(i) The term "supplementary control system" (hereinafter
referred to as SCS) means any system which limits the
amount of pollutant emissions during periods when meteor-
ological conditions conducive to ground-level concentrations
in excess of national ambient air quality standards for S02
exist or are anticipated.
(ii) The term "isolated source" means a source that can and will
assume legal responsibility for all violations of any
applicable standards in its designated liability area,
as specified in Paragraph (10) of this Section.
(3) (i) The application for permission to comply with this Section
shall be submitted to the Director no later than 15 days
following the date of adoption of these requirements as
a final Regulation by the Board of Health and Welfare and
shall include the following:
(a) A short description of the type and location of the
combined zinc/lead smelter complex; the processes,
equipment, raw materials and fuel used; the stacks
employed; and emissions to the atmosphere from
various points on the combined zinc/lead smelter premises
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(b) A general description of the topography and the
location of the combined zinc/lead smelter and of any
other SOo sources within the vicinity of the combined
zinc/lead smelter as well as a program of study
which will determine what effect these sources may
have on ambient air quality.
(c) A summary of any ambient air quality data collected
in the vicinity of the combined zinc/lead smelter
that the owner or operator may have.
(d) A description of the methods of constant emission
reduction that are or will be applied and the degree
of emission reduction and the dates for such reduc-
tion which are achieved or expected to be achieved
due to their application.
(e) A description of the investigations that the owner or
operator has made, and the result thereof, as to
the availability of constant emission reduction
methods and a discussion of the reasons why any
potential available methods cannot reasonably be
used.
(f) A specific description of the research, investigations,
or demonstrations that the owner or operator will
conduct or support for the purpose of developing con-
stant emission reduction technology applicable to the
combined zinc/lead smelter. Such description shall
include the resources to be committed and qualifi-
cations of the participants and a description of
the facilities to be utilized.
(g) A description of the other measures the owner or oper-
ator will apply, in addition to those described
in IV(3)(i)(d), to provide for attainment and main-
tenance of national ambient air quality standards.
In addition to supplementary control systems, such
measures may include but not be limited to tall stacks;
permanent production curtailment; and/or process
changes.
(h) A demonstration that the combined zinc/lead smelter
complex qualifies as an isolated source.
(i) A demonstration to the satisfaction of the Director
that the Company will accept responsibility for any
violation of the 24-hour ambient air quality stand-
ard for S02 that occurs after July 31, 1977, the
primary annual ambient air quality standard for SCU
after July 31, 1977, as well as the three-hour
ambient air quality standard for S02 after July 31, 1978
in the designated liability area.
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The owner(s) or operator(s) of the combined zinc/lead
smelter shall also demonstrate to the satisfaction of_
the Director that the Company will accept responsibility
for violating ambient air concentrations exceeding
those designated in Figure I for the time period
beginning July 31, 1975 through July 31, 1977. The
"Annual Production Rate" in Figure I is defined as
the total production of soft lead in the preceding 12
month period. Should the blast furnace and sinter
machine be shut down simultaneously for N number of
days (Where N equals five or more consecutive days),
then the "Annual Production Rate" shall be defined
as:
(Total production of soft lead in preceding 12 month
period) x 356
The "Annual Average Sinter Production Rate" in Figure
I is defined as the total production of sinter in the
preceding 12 month period, divided by the total oper-
ating time of the sinter machine during that same 12
month period. At the end of each month, a new "Annual
Production Rate" and an "Annual Average Sinter Production
Rate" shall be calculated by the owner(s) or operator(s)
of the combined zinc/lead smelter. These calculations
shall be included in the monthly report that is sub-
mitted to the Director pursuant to Section IV(12)(i)(c).
The new production rate figures shall be used to det-
ermine what ambient air concentration limit must be
met during the following month. The new limits shall
go into effect on the 15th of each month and continue
through the 14th of the following month. This monthly
review of the production rates shall constitute a
change to the operating manual if a different level
of ambient air concentration is specified by Figure I.
(j) The owner(s) or operator(s) of the combined zinc/lead
smelter shall indicate that they will:
(i) Immediately begin to test a supplementary control
system to determine the effectiveness of the
system to meet the 24-hour standards defined in
IV
(ii) Immediately prepare to conduct a test program
beginning no later than January 21, 1975 and
ending no earlier than May 21, 1975.
(iii) Submit, as a minimum, a report summarizing re-
sults obtained from the testing program during
the period of January 21, 1975 to May 21, 1975.
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Such report shall be submitted to the Dir-
ector no later than June 1, 1975.
(iv) Such report shall evaluate the reliability of
the plan submitted pursuant to Paragraph (9)
of this Section and designate the appropriate
changes to this plan to ensure achievement of
ambient air quality standards as specified in
subparagraph (3)(i)(i), above.
(k) Such other pertinent information as the Director
may require.
(3) (ii) Upon receipt of the information specified in Section IV
(3)(i), and a determination of its adequacy, the Director
may after 30 days notice, conduct a Public Hearing on the
application submitted by the owner(s) or operators(s).
The Director shall make available to the public, the inform-
ation contained in the application and his preliminary
evaluation and findings thereon. Within 30 days after
receipt of the information or after a hearing, the Director
will notify the owner(s) or operator(s) of the zinc/lead
smelter and other interested parties of his decision as to
whether to grant or deny the application. If denied, he
will set forth his reasons and shall specify that Section
III is applicable. If the application is approved, the
owner or operator shall comply with all the provisions.
of this Section of this Regulation and need not comply
with the provisions of Section III of this Regulation
except as specified in Section IV, Paragraph 15 of this
Regulation.
(8) The owner(s) or operator(s) of the combined zinc/lead smelter,
in meeting the requirements of Paragraph (4) of this Section,
shall employ SCS and such other additional control measures as
may be necessary to assure the attainment and maintenance of
ambient air quality standards for S02 by the dates set forth
in Paragraph (3)(i)(i) of this Section.
(i) In addition to SCS, such measures may include, but not
limited to, the following techniques: process changes;
tall stacks; production reduction; or any other tech-
niques approved by the Director.
(ii) S02 emission shall be curtailed in accordance with the
operating manual whenever the potential for violating
any ambient air quality standard for S02 (as specified
in Paragraph (3)(i)(i) of this Section) is indicated at
any point in a designated liability area by air quality
measurements and/or air quality predictions.
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(9) The owner(s) or operator(s) of the combined zinc/lead smelter
shall submit to the Director, no later than January 21, 1975,
a plan for implementing SCS. Such plan shall be subject to
the Director's approval and, as a minimum shall:
(i) Describe and substantiate the emission monitoring system
and the air quality monitoring network that will be used
in the SCS.
(ii) Describe and substantiate the meteorological sensing net-
work and the meteorological prediction program that will
be used in the SCS.
(iii) Identify the frequency, characteristics, times of occurrence
and durations of meteorological conditions associated with
high ground-level ambient concentrations.
(iv) Describe the methodology (e.g., dispersion modeling and
measured air quality data) by which the source determines
the degree of control needed under each meteorological
situation.
(v) Describe the methods chosen to vary the emission rate, the
basis for the choice, and the time required to effect a
sufficient reduction in the emission rate to avoid violations
of ambient air quality standards as specified in Paragraph
(3)(i)(i) of this Section.
(vi) Contain an estimate of the frequency that emission rate
reduction is required to prevent ambient air quality stand-
ards (as defined in Paragraph (3)(i)(i) of this Section)
from being exceeded and the basis for the above estimate.
(vii) Include data and available results from objective reliability
tests. "Reliability" as the term is applied here, refers
to the ability of the supplementary control system to pro-
tect against violations of the ambient air quality standards
specified in Paragraph (3)(i)(i) of this Section.
(viii) Describe a program whereby the owner(s) or operator(s) system-
atically evaluates and improves the reliability of the
supplementary control system.
(ix) Identify a responsible and knowledgeable person (and alter-
natives) on site who is authorized to curtail emission and
a person who can apprise the Director as to the status of
the supplementary control system at any time.
(x) Declare that the owner(s) or operator(s) assumes responsibility
by the dates specified in Paragraph (3)(i)(i) of this
Section for all ground-level ambient sulfur dioxide concen-
trations which exceed the ambient air quality standards
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specified in Paragraph (3)(i)(i) of this Section in
the designated liability area defined in Paragraph (10)
of this Section.
(xi) Include an affidavit signed by a responsible company
official stating that the owner(s) or operator(s) of the
combined zinc/lead smelter will accept responsiblity for
any violation of the SO? ambient air quality standards as
specified in Paragraph (3)(i)(i) of this Section in the
designated liability area.
(10) (i) For the purpose of this Section, the designated liability
area shall be a circle with a radius of 10 statute miles
(16 kilometers) with the center point of such circle
coinciding with the main stack serving the zinc plant.
The owner(s) or operator(s) of the combined zinc/lead
smelter may submit a detailed report which justifies re-
defining the designated liability with the application
submitted pursuant to Paragraph (3) of this Section and
describe and delineate the recommended designated liability
area and discuss in detail the method used and the factors
taken into account in the development of such area. Upon
receipt and evaluation of such report, the Director shall
issue his final determination on the extent of the de-
signated liability area.
(ii) If new information becomes available which demonstrates
that the designated liability area should be redefined,
the Director shall consider such information and if appro-
priate, redefine the designated liability area.
(11) The owner(s) or operator(s) of the combined zinc/lead smelter
shall submit to the Director an operational manual for SCS.
Such manual shall be submitted no later than June 1, 1975 and
is subject to the approval of the Director. ''Such a manual shall:"
(i) Specify the number, type, and location of ambient air quality
monitors, in-stack monitors and meteorological instruments
to be used.
(ii) Describe techniques, methods, and criteria used to anticipate
the onset of meteorological situations associated with ground-
level concentrations in excess of national ambient air
quality standards defined in Figure I, and to systematically
evaluate and, as needed, improve the reliability of the
supplementary control systen.
(iii) Describe the criteria and procedures that will be used to
determine the degree of control needed for each class of
meteorological and air quality situation.
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(iv) Identify the frequency, characteristics, times of occurrence
and duration of meteorlogical conditions associated with
probable high ground-level ambient concentrations. Describe
the methodology by which the source determines the degree
of control needed under each meteorological situation,
specifically the maximum emission rates which may prevail
under each of these meteorological and air quality situations
in order to prevent a violation of an ambient air quality
standard, as defined by Paragraph (3)(i)(i) of this Section,
in the designated liability area. Such emission rates shall
be determined by in-stack monitors and shall be the basis
for determining whether provisions of the approved operational
manual are adhered to.
(v) Describe specific actions that will be taken to adjust
emission rates to those levels specified per the requirements
of Section 4 (ll)(iv).
(vi) Identify tlie company personnel responsible for initiating
and supervising the actions that will be taken to curtail
emissions. Such personnel must be responsible, knowledgeable
and able to apprise the Director as to the status of the
supplementary control system at any time the source is
operating.
(vii) Be modified, subject to approval by the Director, upon re-
quest of the owner or operator of the smelter or, after
appropriate negotiation, by the Director.
(12) (i) The owner(s) or operator(s) of the combined zinc/lead smelter
shall:
(a) Maintain, in a useable manner, records of all measure-
ments and reports prepared as part of the approved
supplemental control system. Such reports shall be re-
tained for at least two years.
(b) Submit to the Director, on a monthly basis, all hourly
measurements made of air quality and all other requested
measurements that are a part of the approved supplement-
ary control system. These reporting requirements are
in addition to those specified in Paragraph (7) of
this Section.
(c) Submit to the Director a monthly summary report des-
cribing and analyzing how the SCS operated as related
to the SCS approved by the Director. Such report
shall describe how the system will be improved, if
necessary, to prevent violations of.the ambient air
quality standards as defined by Paragraph (3)(i)(i)
of this Section for S02 or to prevent any other con-
ditions which are not in accordance with the SCS
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approved by the Director. Such report shall include
a monthly summary indicating all dates and times when
an ambient air quality standard for S02 was exceeded
(as defined by Paragraph (3)(i)(i) of this Section)
and the concentration of S02 at such times when SCS
was not operated in accordance with the operating
manual.
(ii) The requirements of this Paragraph shall become applicable
nine months after the date of adoption of these requirements
as a final Regulation by the Board of Health and Welfare.
(13) (i) The owner(s) or operator(s) of the combined zinc/lead smel-
ter shall document and submit to the Director no later
than 180 days following the date of adoption of these re-
quirements as a final Regulation by the Board of Health
and Welfare, a detailed description of the company's re-
search and demonstration program or its participation in
such program, to develop and apply appropriate permanent
emission reduction technology capable of limiting S02
emission rates to 1900 Ibs/hour. Such description must
include schedules and resources to be committed, and the
earliest anticipated dates when adequate emission reduction
technology can be applied to the source.
(ii) The owner(s) or operator(s) of the combined zinc/lead
smelter shall submit annual reports on the progress of
the research and development program required by this
Paragraph. Each report shall include, but not be limited
to, a description of the projects underway, information
on the qualification of the personnel involved, information
on the funds and manpower that have been committed, and
an estimated date for the installation of the constant
emission reduction technology necessary to attain and
maintain the primary and secondary national ambient air
quality standards.
(14) (i) The Director shall annually review the SCS and shall deny
continued use of Section 4 of this Regulation if he
determines that:
(a) The owner(s) or operator(s) of the combined zinc/lead
smelter fail to: Utilize an adequate number of
trained competent personnel as specified in the oper-
ating manual; or maintain, operate, and calibrate the
monitoring equipment properly; or refine and con-
tinuously validate and upgrade the response of the
SCS to adverse dispersion conditions as may be nec-
essary to prevent violations of ambient air quality
standards as defined by Paragraph (3)(i)(i) of this
Section; or reduce the emission rate in accordance
with stipulated control criteria in the approved
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operational manual in order to prevent violations
of the ambient air quality standards for S02> or
submit all information required by this Section.
(b) The Director determines that the review indicates
that permanent emission control technology has be-
come available, that continued relative isolation of
the facility has changed, or that other factors
which may bear on the conditions for use of an SCS
have changed to the extent that continued use of the
SCS would no longer be deemed approvable within the
intent of Paragraph (3) of this Section; or
(c) The owner(s) or operator(s) of the combined zinc/
lead smelter have not demonstrated good faith efforts
to follow the stated program for developing constant
emission reduction procedures; or
(d) The owner(s) or operator(s) of the combined zinc/
lead smelter have not adhered to the requirements
of any applicable compliance schedule developed
pursuant to this Regulation; or
(e) The owner(s) or operator(s) of the combined zinc/
lead smelter have not developed and employed a con-
trol program that is effective in preventing violations
of the ambient air quality standards as defined by
Paragraph (3)(i)(i) of this Section.
(ii) Prior to denying the continued use of a SCS pursuant to sub-
paragraph (i) of this Paragraph, the Director shall notify
the owner(s) or operator(s) of the combined zinc/lead smel-
ter of his intent to deny continued use, together with:
(a) The information and findings on which such intended
denial is based, and
(b) Notice of opportunity for such owner(s) or operator(s)
to present within 30 days, additional information or
arguments to the Director prior of his final
determination.
(iii) The Director shall make his final determination known in
not more than 60 days or less than 30 days after he has
sent notification of intent to deny the continued use of
an SCS pursuant to subparagraph (ii) of this Paragraph.
If the continued use of the SCS is denied, the final
determination shall set forth the specific grounds for such
denial.
(15) Upon denial of the use of a SCS pursuant to Paragraph (14) of
this Section, all the requirements of Section 3 of this Regulation
-fifi-
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shall be immediately applicable to the owner(s) or operator(s)
of the combined zinc/lead smelter and compliance therewith shall
be achieved in such reasonable times as the Director shall
prescribe.
(16) (i) The owner(s) or operator(s) of the combined zinc/lead
smelter shall comply with the compliance schedule specified
below for implementing the requirements of this Section.
(a) Effective immediately, limit the discharge of S02 into
the atmosphere by utilizing to the maximum extent
practicable all existing sulfuric acid plant controls
for both the lead and zinc plants.
(b) Within 15 days following the date of adoption of these
requirments as a final Regulation by the Board of Health
and Welfare, submit to the Director an application
for permission to comply in accordance with Paragraph
(3) of this Section.
(c) By January 21, 1975, submit to the Director, a detailed
plan for establishment and implementation of the
supplementary control system in accordance with Para-
graph (9) of this Section.
(d) June 1, 1975 - Submit to the Director the comprehensive
test report on the supplementary control system re-
quired by Paragraph (3)(i)(,i) of this Section.
(e) By June 1, 1975 - Let contracts or issue purchase
orders for any stack extensions, emission and ambient
air quality monitors, meteorological instruments,
and other component parts necessary to complete the
supplementary control system.
(f) June 1, 1975 - Submit to the Director for his approval,
the operational manual required by Paragraph (11) of
this Section.
(g) By June 1, 1975 - Complete installation of air quality
and emission monitors and meteorological equipment
necessary to complete the SCS.
(h) July 31, 1975 - Achieve compliance with the emission
limitation requirements of Paragraph (4) of this Section
(i) July 31, 1975 - Certify measurement systems and commence
reporting as required by Paragraphs (7) and (12) of this
Section.
(j) July 31, 1975 - Assume responsibility for all violations
of the ambient air quality standards as defined by
Figure I in the designated liability area.
-67-
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(k) July 31, 1977 - Assume responsibility for all viola-
tions of the 24-hour primary air quality standard
for sulfur dioxide in the designated liability area.
(1) July 31, 1978 - Assume responsibility for all viola-
tions of the three-hour secondary ambient air quality
standard for sulfur dioxide in the designated
liability area.
(m) July 31, 1977 - Assume responsibility for all viola-
tions of the annual primary ambient air quality stand-
ard for sulfur dioxide in the designated liability
area.
(ii) The owner(s) or operator(s) of the combined zinc/lead
smelter shall certify to the Director within (15) days
after the deadline for each increment of progress, whether
or not the required increment of progress has been met.
(iii) If a performance test is deemed necessary by the Director
in order to determine whether compliance has been achieved,
such a test must be completed by thejfinal compliance date
in the applicable compliance schedule. Notice must be giver
to the Director at least ten days prior to such a test to
afford him the opportunity to have an observer present.
(iv) If the owner(s) or operator(s) of the combined zinc/lead
smelter are presently in compliance with any of the increments
of progress set forth in the Paragraph such owner(s) or
operator(s) shall certify such compliance to the Director
within 30 days of the effective date of this Section. The
Director may request whatever supporting information he
considers necessary to determine the validity of the
certification.
(v) The owner(s) or operator(s) of the combined zinc/lead smel-
ter may submit to the Director, a proposed alternative com-
pliance schedule. Each such proposed compliance schedule
shall be submitted with the application submitted pursuant
to Paragraph (3)(i) of this Section. No such compliance
schedule may provide for final compliance after July 31, 1977.
If approved by the Director, such schedule shall replace
the compliance schedule set forth in this Paragraph.
(vi) If, in the opinion of the Director, any promulgated or ap-
proved alternate compliance schedule or increment of pro-
gress is not appropriate for effectively supervising pro-
gress toward final compliance by the combined zinc/lead
smelter, he may prescribe other such schedules and increments.
-68-
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Line A: Y = (X x 1000) x (2.94) -%> (6008 hrs) for 105 £X * 130
Line B: Y = (X x 1000) x (2.94) -:- (6440 hrs) for 105 < X £ 125
Line C: Y = (X x 1000) x (2.94) -:- (6633 hrs) for 105 - X < 120
i
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X = ANNUAL PRODUCTION RATE OF SOFT CAST LEAD IN THOUSANDS TONS
(One ton of soft cast lead = 2.94 tons sinter)
-------
(1.0)
(2.0)
(3.0)
T. AIR POLLUTION SOURCE PERMITS
LEGAL AUTHORITY
Pursuant to authority granted in Section 39-115, Idaho Code, the Board
of Environmental and Community Services hereby adopts the following
Regulation for issuing Air Pollution Source Permits; and declares the
effective date of this Regulation to be July 1, 1974.
SECTION 1
DEFINITIONS
EEE Permitee - any person or other legal entity which is legally
responsible for a source of air contamination of the atmosphere.
FFF Air Pollution Source Permit - a final order issued by the
Department which contains specific emission limits and standards
for a source in accordance with environmental laws, rules,
regulations, and standards of the State of Idaho.
GGG Board - Idaho Board of Health and Welfare.
HHH Director - the Director of the Department of Health and Welfare.
Ill Notice - defined by Idaho Code.
JJJ Department - Idaho Department of Health and Welfare.
SECTION 2
PURPOSE
The purpose of this regulation is to establish uniform procedures for
obtaining an Air Pollution Source Permit. The Air Pollution Source
Permit establishes specific standards and limits prescribing the type
and quantity of air contaminant a Source is allowed to emit into
the atmosphere. These limits shall be consistent with all applicable
regulations, or may be more restrictive should source density or
other physical conditions require such action. This Permit shall
provide, where appropriate, an interim schedule of compliance for
those sources which may not be in compliance at the time of issuance.
SECTION 3
PROCEDURE FOR ISSUING PERMIT
A. When the Director believes that any source is emitting or dis-
charging any air contaminant for which an environmental statute,
rule, regulation or standard applies, he may:
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1. Send a notification, by Registered Mail, to the permittee of
that source.
a. The notification shall state the applicable statute, rule,
regulation or 'Standard with which the source must be in
compliance and,
b. State that a hearing will be set, if requested by the
permittee within 10 days of receipt of the notification,
to consider the applicability of any standards or limits
set by the Permit, and
c. Said notification shall state emission limits and any
required action, with corresponding dates, which must
be taken by the source in order to achieve or main-
tain compliance with all statutes, rules, regulations
or standards.
d. In the event the permittee does not request a hearing
as provided above and the Department does not wish
to hold a hearing, then 30 days after receipt of said
notification, the proposed air pollution source permit
becomes the final air pollution source permit and shall
operate as a final order by the Department.
e. If a hearing is held, the Director will render a final
decision upon the Permit within 30 days after the
hearing. At this time, the Director may adopt the en-
tire Permit as originally proposed, and part thereof,
or a modified Permit.
2. The Director may amend the Air Pollution Source Permit after
issuance to require more restrictive limitations in the
event violations continue to exist or more restrictive stand-
ards are promulgated by the Board. Amendments shall be made
consistent with procedures established in Section 3. A. 1.
of these regulations.
3. In the event a permittee cannot meet the requirements of
this Permit and the permittee shows a good faith attempt to
comply, the Director may, at his sole discretion, adjust
the Permit as the equities of the case indicate; provided
however, that the permittee's lack of financial resources
alone shall not be sufficient reason to adjust any action
or limitation. This will be done in accordance with the
variance procedure outlined in Regulation A, Section 6.
4. The period of time during which the permit applies shall
be determined by the Director and shall appear on the notice.
5. When a single site includes more than one source of air
contaminant, a single Permit may be issued including all
-.7.1 -
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sources located at the site. Such Permit shall separately
identify each air contaminant source to which the Permit
applies. When a single air contaminant source which is in-
cluded in a multiple-source permit is subject to permit
modification, revocation, suspension or denial, such action
by the Department shall only affect that individual source
without thereby affecting any other source subject to that
permit.
6. No person shall construct, install, establish, modify or
enlarge any air contaminant source or facilities for control-
ling, treating, or otherwise limiting air contaminant
emissions from air contaminant sources listed in the Air
Pollution Source Permit without notifying the Department
as required by Regulation A, Section 3-B, Rules and Reg-
ulations for the Control of Air Pollution in Idaho.
7. The procedure for issuing an Air Pollution Source Permit
shall be consistent with that described in the Administrative
Procedure Act for a contested case and the permittee shall
be accorded all applicable rights.
8. An Air Pollution Source Permit when issued and effective
shall become a final order of the Department and be enforce-
able in the Courts of Law of the State of Idaho without further
administrative proceeding. Whenever an Air Pollution Source
Permit becomes a final order of the Department, the permittee
shall operate solely within the terms of the permit. Any
non-conforming activity shall constitute a violation of the
permit and shall be subject to appropriate civil and crim-
inal sanctions available to the Department.
9. The permittee shall provide any and all information requested
by the Department to prepare the terms of the permit. Failure
to provide requested information or Falsification that
information shall constitute a violation of these regulations
and shall be punishable by appropriate criminal or civil
sanctions.
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FEDERALLY PROMULGATED
REGULATIONS
-------
150.2) (52.675) Control Strategy: Sulfur OxidesEastern Idaho Intrastate Air
Quality Control Region.
(b) Regulation for control of sulfur dioxide (SO?) emissions:
Sulfuric Acid Plants.
(1) The provisions of this paragraph shall apply to the owner(s)
and operator(s) of The J. R. Simplot Company's Minerals and
Chemical Division, located in Power County, Idaho, in the
Eastern Idaho Intrastate Air Quality Control Region.
(2) The owner(s) or operator(s) of The J. R. Simplot Company
facility shall utilize best engineering techniques in
the operation of their plant to prevent fugitive SO?
losses. Such techniques shall include but are not limited
to:
(i) Operating and maintaining all conduits, flues, and
stacks in a leakfree condition.
(ii) Operating and maintaining all process equipment and
gas in such a fashion that leakage of S02 gases will
be prevented to the maximum extent possible.
(3) The_owner(s) and operator(s) of The J. R. Simplot Company
facility shall limit SO? emissions from their sulfuric
acid plants per the following:
(i) The combined SO;? emissions from the designated #100
and #200 sulfuric acid plants shall not exceed 2
kilograms (kg) per metric ton (4 pounds per ton)
of 100 percent sulfuric acid produced.
(ii) The S02 emissions from the designated #300 sulfuric
acid plant and stack shall not exceed 994 kg per hour
(2190 pounds per hour).
(4) (i) The owner (s) and operator(s) of The J. R. Simplot
Company shall achieve compliance with the require-
ments specified in paragraphs (b)(2) and (b)(3) of
this section in accordance with the following
schedule:
(A) Advise EPA as to status of contract(s) and
construction schedules for pollution abatement
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projects within 30 days of the effective date
of this regulation.
(B) Attain final compliance by July 31, 1976.
(ii) A performance test of the #300 acid plant shall be
necessary to determine whether compliance has been
achieved with the requirements of paragraph (b)(3)
of this section. Such test must be completed within
15 days of the final compliance date specified in
paragraph (b)(4)(i) of this section. Notice must be
given to the Administrator at least 10 days prior
to such a test to afford him an opportunity to have
an observer present.
(iii) Within 60 days after achieving the maximum production
rate at which the #100 and #200 acid plant will be
operated, but not later than 180 days after initial
start-up of these plants and at such other times as
may be required by the Administrator under Section
114 of the Clean Air Act, the owner(s) and operator(s)
of the facility shall conduct performance test(s)
in accordance with the requirements of 40 CFR 60.8.
(iv) If the owner(s) and operator(s) of The J. R. Simplot
Company facility are presently in compliance with
the requirements of paragraph (b)(2) and (b)(3) of
this section or in compliance with a portion of
these requirements, such compliance shall be certified
to the Administrator within 15 days following the date
of these requirements as a final regulation in the
FEDERAL REGISTER. If the owner(s) or operator(s)
of The J. R. Simplot Company achieve compliance
prior to July 31, 1976, such compliance shall be
certified to the Administrator within 15 days of
the date of achieving compliance. The Administrator
may request whatever supporting information he
considers necessary to determine the validity of the
certification.
(5) (i) By no later than September 30, 1976, the owner(s)
and operator(s) of The J. R. Simplot Company
facility shall install, calibrate, maintain and
operate measurement system(s) for:
(A) Continuously monitoring and recording S02 con-
centration rates in each sulfuric acid plant
discharge stack per the requirements of 40 CFR
60.13 and 60.84.
(B) Continuously monitoring and recording gas vol-
umetric flow rates in the exhaust stack of the
designated #300 sulfuric acid plant.
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(ii) By no later than October 30, 1976, and at such other
times following that date as the Administrator may
specify, the S02 concentration measurement system(s)
installed and used pursuant to this paragraph shall
be demonstrated to meet the measurement system per-
formance specifications prescribed in 40 CFR 60.13
and Appendix E to this part, respectively. The
Administrator shall be notified at least 10 days
prior to the start of this field test period to
afford the Administrator the opportunity to have
an observer present.
(iii) The sampling point for monitoring the concentration
of S0£ emissions shall be in the duct at the centroid
of the cross section of the discharge stack if the
cross sectional area is less than 4.65 m2 (50 ft^)
or at a point no closer to the wall than 0.91 m (3 ft)
if the cross sectional area is 4.65^ (50 ft^)or more.
The monitor sample point shall-be representative
of the average concentration in the duct.
(iv) The measurement system(s) shall be maintained, oper-
ated and calibrated in accordance with the methods
prescribed by the manufacturers. Records of main-
tenance and/or calibration shall be kept and submitted
to the Administrator upon request. These records shall
clearly show instrument readings before and after such
calibration and/or maintenance.
(v) The owner(s) and operator(s) of The J. R. Simplot
Company facility shall maintain a daily record of three
hour average emission rate measurements for each
sulfuric acid plant. Three hour average emission
rates shall be calculated for each day beginning
at midnight. For the #100 and #200 acid plants, the
calculations shall be in conformance with 40 CFR
60.84. For the #300 acid plant, average S02 emission
rates expressed in kg S02 per hour shall be calculated.
The results of these calculations for each month shall
be submitted to the Administrator wihtin 15 days
following the end of each month. Such submission
shall identify each period of excess emission that
occurred and the nature and cause of any mal-
function (if known), the corrective-action taken or
preventative measures adopted. The records of such
measurements including strip charts and other approp-
riate raw data shall be retained for a minimum of two
years following the date of such measurements.
(vi) The continuous monitoring and recordkeeping require-
ments of paragraph (b)(5) of this section shall become
applicable September 30, 1976.
_7fi-
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(6) (i) Compliance with the requirements set forth in para-
graph (b)(3) of this section shall be determined
using the emission rates measured by the continuous
measurement system(s) installed, calibrated, main-
tained and operated in accordance with the require-
ments of paragraph (b)(5) of this section.
(ii) At the Administrator's discretion, compliance may
also be determined using the manual source test
methods per 40 CFR 60.85 and Appendix A to Part 60
of this Title. Emission rates for each stack shall
be expressed in units consistent with those in para-
graph (b)(3) of this section.
(iii) A violation of the requirements of paragraph (b)(3)
of this section shall occur whenever the S02 emission
rates determined according to paragraph (b)(6)(i) or
(b)(6)(ii) of this section exceed the corresponding
SO;? emission rates specified in paragraph (b)(3) of
this section.
(7) The owner(s) and operator(s) of The J. R. Simplot Company
facility shall by September 30, 1976, install, calibrate,
maintain and operate a network for continuously monitoring
ground level ambient S02 concentrations and wind speed
and direction.
(i) The monitoring network shall consist of at least four
ambient S0£ monitoring stations and one meteorological
station placed at locations approved by the Administra-
tor.
(ii) The S02 monitoring network shall be consistent with
automated equivalent methods for measurement of am-
bient concentrations of S02 as defined in Part 53
of this chapter.
(iii) The monitoring network installed and used pursuant to
this subparagraph shall be maintained, operated and
calibrated in accordance with the methods prescribed
by the manufacturers. Records of maintenance and/or
calibration shall be kept and submitted to the Ad-
ministrator upon request. These records shall clearly
show instrument readings before and after such cal-
ibration and/or maintenance.
(iv) The owner(s) and operator(s) of The J. R. Simplot
Company facility shall maintain a daily record of
all measurements required by this subparagraph.
Strip charts and other raw data from the monitoring
network shall be retained for a minimum of two years
following the date of such measurement.
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(v) The owner(s) and operator(s) of The J. R. Simplot
Company shall calculate hourly average ambient S02
concentrations, wind speed, and wind direction
from each monitoring station and submit such values
to the Administrator within 15 days following the end
of each month.
(vi) The continuous monitoring and recordkeeping require-
ments of paragraph (b)(7) of this section shall be-
come applicable September 30, 1976 and shall re-
main applicable until such time as the Administrator
declares that an adequate ambient air data base has
been established, which shall be no earlier than at
least one calendar year.
(vii) Within 90 days of the Administrator's declaration of
an adequate data base, Simplot shall submit to the
Administrator a technical analysis of the degree of
permanent control required on the #300 acid plant to
ensure attainment and maintenance of NMQS.
(8) Nothing in paragraph (b) of this section shall be construed
to relieve the owner(s) and operator(s) of The J. R. Simplot
Company to comply with any applicable requirements of Part
60 of this Title and this paragraph, the more restrictive
interpretation or requirement shall apply.
(9) In the event that measurement systems cannot be installed
and operational by the date specified in this secti-on, The
J. R. Simplot Company shall propose the earliest possible
date by which such requirements can be met. Such proposal
shall include adequate justification and supporting docu-
mentation.
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(50.2) 52.676 Control Strategy: Sulfur Oxides Eastern Washington-Northern
Idaho Interstate Region.
(b) Regulation for control of sulfur dixoide (502) emissions: Zinc/
lead smelter complex.
(1) This section is applicable to any combined zinc/lead
smelter in the Idaho portion of the Eastern Uashington-
Northern Idaho Interstate Region.
(i) The owner(s) or operator(s) of the smelter subject
to this section shall not cause or allow the dis-
charge of gases into the atmosphere in excess of:
(a) 2600 parts per million (by volume) S02-maximum
6-hour average, from any single absorption sul-
furic acid producing designed for the removal
of S02 as determined by the method specified
in paragraph (b)(4)(i) or (b)(4)(iii) of this
section.
(b) 2000 parts per million (by volume) 502-maximum
6-hour average, from the lead main stack system
which consists of the lead plant main stack
and section 1 and 2 of the lead plant main
baghouse. Emission concentration shall be deter-
mined by the method specified in paragraph (b)(4)
(i) or (b)(4)(iii) of this section.
(c) 616,900 Kg (680 tons) S02 per 7-consecutive day
period (midnight to midnight), as determined
by the method specified in paragraph (b)(4)(ii)
of this section. Such limitation shall apply
to the sum total of S02 emissions from the
zinc/lead smelter complex but- no
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uncaptured fugitive emission and those emissions
due solely to use of fuel for space heating or
steam generation.
(ii) All SC>2 gas streams discharged from the zinc
plant roasters and the strong S02 removal fac-
ility which meets the requirements of paragraph
(b)(l)(i)(a) of this section. The strong S02
gas stream from the lead smelter sinter machine
is defined as the entire gas stream exhausted from
the "strong gas" exit point on the input end
of the lead smelter sinter machine.
(iii) Gases shall not be combined with those arising
from the process(es) served by the stack(s)
subject to the limitations in paragraph (b)(l)(i)
of this section for the purposes of decreasing the
concentration of S02 in such stack(s).
(2) (i) The owner(s) or operator(s) of the smelter subject to
this section shall comply with the compliance schedule
specified below for implementing the requirements of
this paragraph:
(a) Effective immediately and until July 31, 1977,
limit the discharge of SO? into the atmosphere
as defined by paragraph 4(4) of Regulation S of
the "Rules and Regulations for the Control of
Air Pollution in Idaho".
(b) February 15, 1976--Let contracts of issue purchase
orders for any equipment necessary to attain the
emission limitations specified in paragraph (b)
(1) of this section.
(c) June 30, 1976--Initiate on-site construction or
installation of emission control equipment or
process modificaiton.
(d) June 30, 1977--Complete on-site construction or
installation of emission control equipment or
process modification.
(e) July 31, 1977--Achieve full compliance with the
emission limitation requirements of paragraph (b)
(1) of this section.
(f) July 31, 1977--Initiate continuous S02 monitoring
and record keeping requirements of paragraph (b)
(3) of this section.
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(ii) The owner(s) or operator(s) of the smelter subject
to this section shall notify the Administrator in
writing within 5 days after the deadline of each in-
crement of progress, whether or not the required in-
crement of progress has been met.
(iii) Where a performance test is deemed necessary by the
Administrator in order to determine whether compli-
ance has been achieved, such a test must be completed
by the final compliance date in the applicable compli-
ance schedule. Notice must be given to the admin-
istrator at least 2 weeks prior to conducting a per-
formance test to afford him the opportunity to have
an observer present.
. (iv) If the owner(s) or operator(s) of the smelter subject
to this section are presently in compliance with any
of the increments of progress set forth in this par-
agraph, such owner(s) or operator(s) shall certify
such compliance to the Administrator within 30 days
of the effective date of this paragraph. The Admin-
istrator may request whatever supporting information
he considers necessary to determine the validity of
the certification.
(v) The owner(s) or operator(s) of the smelter subject
to this section may submit to the Administrator a
proposed alternative compliance schedule. No such
compliance schedule may provide for final compliance
later than July 31, 1977. If approved by the Admin-
istrator, such schedule shall replace the compliance
schedule set forth in this paragraph.
(3) The owner(s) or operator(s) of the smelter subject to this
section shall install, calibrate, maintain and operate
measurement systems for continuously monitoring and record-
ing SOo emission concentrations and emission rates in the
lead smelter and zinc plant main stacks and in any other
stack capable of emitting greater than 45,360 Kg (50 tons)
SOo per year and in any lead smelter duct which would en-
able the operator to route strong S02 gas streams directly
to the atmosphere thereby bypassing around the lead smelter
sulfuric acid plant. For the purpose of this paragraph,
"continuous monitoring" means the taking and recording of
at least one measurement of $03 concentration and stack
gas flow rate from the effluent of each stack in each 15-
minute period. Stack tests of sources emitting less than
45,360 Kg (50 tons) S02 per year shall be conducted quarter-
ly with the determined emission rate to be used as a fixed
emission rate for that quarter.
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(i) By no later than July 31, 1977, and at such other
times after that date as the Administrator may
specify, the SCU concentration measurement system(s)
and gas volumetric flow rate system(s) installed and
used pursuant to this paragraph shall be demonstrated
to meet the measurement system performance specifica-
tions prescribed in Appendices D and E to this part,
respectively. The Administrator shall be notified
at least 10 days prior to the start of the field test
period required in Appendices D and E to this part to
afford the Administrator the opportunity to have an
observer present.
(ii) The sampling point for monitoring emissions shall be
in the duct at the centroid of the cross section if the
cross sectional area is less than 4.647 m2 (50 ft.2)
or at a point no closer to the wall than 0.914 m
(3 ft.) if the cross sectional area is 4.647 m2
(50 ft.2) or more. The monitor sample point shall
be in an area of small spatial concentration gradient
and shall be representative of the average concentration
in the duct.
(iii) The measurement system(s) installed and used pursuant
to this section shall be subjected to the manufacturer's
recommended zero adjustment and calibration at shorter
intervals, in which case such specifications or recom-
mendations shall be followed. Records of these pro-
cedures shall be made which clearly show instrument
readings before and after zero adjustment and calibra-
tion.
(iv) Six-hour average S02 concentrations and emission rates
shall be calculated in accordance with paragraph (b)
(4) of this section and recorded daily.
(v) The owner(s) or operator(s) of the smelter subject to
this paragraph shall maintain a record of all measure-
ments required by this paragraph. Measurement results
shall be expressed in the units prescribed by the
emission limitations in paragraph (b)(l) of this section
Six-hour average concentration values calculated pur-
suant to paragraph (b)(4)(i) and(ii) of this section
shall be reported as of each hour for the preceding 6
hours. Seven-day emission rates calculated pursuant
to paragraph (b)(4)(i)(ii) of this section shall be
reported as of each day (midnight to midnight) for the
preceding 7-day period. Any occasion wherein those
strong gas streams identified in paragraph (b)(l)(ii)
of this section are not processed through an S02 re-
moval facility and are routed to the atmosphere shall
be recorded. The results shall be summarized monthly
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and shall be submitted to the Administrator within 15
days of the end of each month. A record for at least
2 years following the date of such measurement.
(vi) The continuous monitoring and recordkeeping require-
ments of paragraph (b)(3) of this section shall be-
come applicable July 31, 1977.
(4) (i) Compliance with the requirements of paragraph (b)(l)(i)
(a) and (b)(l)(i)(b) of this section shall be deter-
mined using the continuous measurement system(s) instal-
led, calibrated, maintained and operated in accordance
with the requirements of paragraph (b)(3) of this section
For the stack(s) equipped with the measurement systems)
required by paragraph (b)(3) of this section and sub-
ject to the limitations of paragraphs (b)(l)(i)(a) or
(b)(l)(i)(b) of this section, a 6-hour average SO?
concentration shall be calculated as of the end of each
clock hour for the preceding 6 hours, in the following
manner:
(a) Divide each 6-hour period into twenty-four (24)
15-minute segments.
(b) Determine on a compatible basis an SC^ concentra-
tion for each 15-minute period. These measure-
ments may be obtained either by continuous inte-
gration of all measurements (from the respective
affected facility) recorded during the 15-minute
period or from the arithmetic average of any num-
ber of S02 concentration readings equally spaced
over the 15-minute period. In the latter case,
the same number of concentration readings shall
be taken in each 15-minute period and the readings
shall be similarly spaced within each 15-minute
period.
(c) Calculate the arithmetic average of all 24 concen-
tration measurements in each 6-hour period for
each attack.
(ii) Compliance with the requirements of paragraph (b)(l)
(i)(c) of this section shall be determined using the
continuous measurement system(s) installed, calibrated,
maintained and operated in accordance with the require-
ments of paragraph (b)(3) of this section. For all
stacks equipped with the measurement system(s) required
by paragraph (b)(3) of this section, the average S02
emission rate for a 7-day period shall be calculated
on a daily basis (midnight to midnight) as follows:
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(a) Divide each 6-hour period into twenty-four (24)
15-minute segments.
(b) Determine a compatible basis an S0£ concentra-
tion and a stack gas flow rate measurement for
each 15-minute period for each affected stack.
These measurements may be obtained either by con-
tinuous integration of S02 concentration and
stack gas flow rate measurements (from the re-
spective affected facilities) recorded during
the 15-minute period or from the arithmetic
average of any number of 302 rnnrpnt.rat.-irm and
stack gas flow rate readings equal lv_ soaced over
the 15-minute period. In the latter case, the
number of concentration readings shall be taken
in each 15-minute period and the readings shall
be similarly spaced within each 15-minute period.
(c) Calculate the arithmetic average (pounds 502 per
hour) of all 24 emission rate measurements in
each 6-hour period for each stack.
(d) Calculate the SCb emission rate for each consecu-
tive 7-day period (midnight to midnight) by
summing the twenty-eight (28) 6-hour average S02
emission rates for each stack measured over a
7-day period calculated per paragraph (b)(4)(ii)
(c) of this section. Add the predetermined con-
stant for all sources under 50 tons S02 per year
as calculated per paragraph (b)(3) of this section.
!iii) Notwithstanding the requirements of paragraph (b)(4)
(i) of this section, compliance with requirements
of paragraph (b)(l)(i)(a) and (b)(l)(i)(b) of this
section shall also be determined by using the methods
described below at such times as may be specified by
the Administrator. For each stack serving any process
or any process designed for the removal of S02> a 6-hour
average S02 concentration shall be determined as follows:
(a) The test of each stack emission concentration
shall be conducted while the processing unit(s)
vented through such stack are operating at or
above the maximum rate at which such unit(s)
will be operated and under such other conditions
as the Administrator may specify.
(b) Concentrations of S02 in emissions shall be deter-
mined by using Method 8 as described in Part 60
of this chapter. The analytical and computational
portions of Method 8 as they relate to determin-
ation of sulfuric acid mist and sulfur trioxide,
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as well as isokinetic sampling, may be omitted
from the over-all test procedure.
(c) Three independent sets of measurements of S02
concentrations shall be conducted during three
6-hour periods for each stack. Each 6-hour
period will consist of three consecutive 2-hour
periods. Measurements of emission from all
stacks on the smelter premises need not be con-
ducted simultaneously. All tests must be com-
pleted within a 72-hour period.
(d) In using Method 8, traversing shall be conducted
according to Method 1 as described in Part 60 of
this chapter. The minimum sampling volume for
each 2-hour test shall be 1.132m3 (40 ft.3) cor-
rected to standard conditions, dry basis.
(e) The velocity of the total effluent from each stack
evaluated shall be determined by using Method 2
as described in Part 60 of this chapter and travers-
ing according to Method 1. Gas analysis shall
be performed by using the integrated sample tech-
nique of Method 3 as described in Part 60 of this
chapter. Moisture content shall be determined
by using Method 4 except that stack gases arising
only from a sulfuric acid production unit may be
considered to have a zero moisture content.
(f) The gas sample shall be extracted at a rate pro-
portional to gas velocity at the sampling point.
(g) The S02 concentration in parts per million-maximum
6-hour average for each stack is determined by
calculating the arithmetic average of the results
of the three 6-hour test periods each consisting
of three 1-hour tests.
(5) The owner(s) or operator(s) of any combined zinc/lead smel-
ter subject to Regulation S of the "Rules and Regulations
for the Control of Air Pollution in Idaho" and paragraph
(b) of this section shall be in violation of Section 113
of the Clean Air Act and subject to the penalties specified
therein if any of the following occur:
(i) Any increment of the compliance schedule set forth in
paragraph (16) of Section 4 of Regulation S is not met
by the date specified; or
(ii) Any increment of the compliance schedule set forth in
paragraph (b)(2) of this section is not met by the
date specified; or
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(iii) Any emission limitation set forth in paragraph (4)
of Section 4 of Regulation S which has been incor-
porated by reference into this regulation per para-
graph (b)(2)(i)(a) of this section, is exceeded; or
(iv) After July 31, 1977 any emission limitation set
forth in paragraph (b)(l) of this section is exceeded;
or
(v) Any ambient air quality standards for S02 as defined
by paragraph (b)(i)(i) of Section 4 of Regulation S
is exceeded after the dates specified in paragraph
(3)(i)(i) of Section 4 of Regulation S in the de-
signated liability area; or
(vi) Operation of the supplementary control system is not
conducted in accordance with the Idaho Department of
Health and Welfare approved operational manual; or
(vii) The reporting requirements of Paragraph (12) of
Section 4 of Regulation S are not met.
(6) Compliance with emission standards: Reporting excess
emissions during periods of start-up, shutdown and mal-
function.
(i) The owner(s) or operator(s) of the smelter subject to
this section are subject to the provisions of this sub-
paragraph in regard to excess emission during periods
of start-up, shutdown and malfunction.
(ii) All terms used in thi's paragraph but not specifically
defined below shall have the meaning given them in the
Clean Air Act or Part 51, 52 or 60 of this chapter.
(a) The term "excess emissions" means an emission
rate which exceeds any applicable emission limit-
ation prescribed by paragraph (b)(l) of this
section. The averaging time and test procedures
for determining such excess emission shall
be as specified as part of the applicable emission
limitation.
(b) The term "malfunction" means any sudden and un-
avoidable failure of air pollution control equip-
ment or process to operate in a normal and usual
manner. Failures that are caused entirely or
in part by poor maintenance, careless operation
or any other preventable upset condition or pre-
ventable equipment breakdown shall not be con-
sidered malfunctions.
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(c) The term "start-up" means the setting into op-
eration of any air pollution control equipment
or process equipment for any purpose, except
routine phasing in of process equipment.
(d) The term "shutdown" means the cessation of op-
eration of any air pollution control equipment
or process equipment for any purpose, except
routine phasing out of process equipment.
(e) The term "violation" means any incident of excess
emissions, regardless of the circumstances of the
occurrence.
(iii) (a) In the case of excess emissions from the smelter
subject to this section for which the Administra-
tor has issued a Notice of Violation, the owner(s)
or operator(s) of the subject smelter may submit
the following data in order to assist the Admin-
istrator in carrying out his duties under Section
113 of the Clean Air Act.
(b) Each submission shall include, as a minimum:
(i) The identity of the stack and/or other emis-
sion points where the excess emissions
occurred; and
(ii) The magnitude of the excess emission expressed
in the units of the applicable emission
limitation and the operating data and calcu-
lations used in determining the magnitude
of the excess emissions; and
(iii) The time and duration of the excess emissions;
and
(iv) The identity of the equipment causing the
excess emissions; and
(v) The nature and cause of such excess emissions;
and
(vi) The measured or estimated ambient SC^ concen-
trations which occurred or which were expected
to occur during the period; and
(vii) If the excess emissions were the result of
a malfunction, the steps taken to remedy the
malfunction and the steps taken or planned
to prevent the recurrence of such malfunction;
and
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(viii) The steps taken to limit the excess emissions
and the resultant impact on ambient air qual-
ity; and
(ix) Documentation that the air pollution control
equipment, process equipment, processes
were at all times maintained and operated,
to the maximum extent practicable, in a
manner consistent with good practice for
minimizing emissions.
(iv) At any time, the owner(s) or operator(s) of the smelter
subject to this section has the right to submit data
information or reports to the Administrator, including
but not limited to the information specified in sub-
paragraph (6)(iii)(b) above, in order to assist the
Administrator in carrying out his statutory respon-
sibilities under Section 113 and 303 of the Clean Air
Act.
(v) The submittal of information pursuant to subparagraphs
(6)(ii) and (iv) of this paragraph shall be used by
the Administrator in determining the seriousness of
the violation, whether the source made in good faith
effort to comply, the need for further enforcement
action and the appropriate sanctions, if any under
the provisions of the Clean Air Act.
(vi) Excess emissions during periods of routine maintenance
or during routine phasing in or out of process equip-
ment shall be considered to be the result of a start-
up, shutdown or malfunction.
(vii) All S02 gas streams discharged from the zinc plant
roasters and the strong S02 gas stream discharged
from the lead smelter sintering machines described
in subparagraph (l)(i) of this paragraph that are not
processed through an S02 removal facility shall be
considered excess emissions.
'viii) In the event that owner(s) or operator(s) of the smel-
ter subject to this section has been granted permis-
sion by the Administrator and the Director of the
Idaho Department of Health and Welfare to use a
supplementary control system pursuant to the pro-
visions of Regulation S of the "Rules and Regulations
for the Control of Air Pollution in Idaho" as part-
ially approved in paragraph (a) of this section,
nothing in this section shall be construed to relieve
the owner(s) or operator(s) of the smelter subject
to this section from his assumed liability for all
violations of any applicable ambient air quality
standards which occur in the designated liability
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area, including those isolations that occur as the
result of a malfunction, start-up or shutdown.
(ix) Failure of the owner(s) or operator(s) of the smelter
subject to this section to report periods of excess
emissions pursuant to paragraph (b)(3)(v) shall be
considered a violation of the provisions of this
subpart.
(x) Nothing in this section shall construed to limit
the authority of the Administrator to institute
actions under Section 113 and 303 of the Clean Air
Act or to exercise his authority under Section 114
of the Clean Air Act.
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[6.0) 52.677 Compliance Schedules
(d) Federal compliance schedules.
(1) Except as provided in subparagraph (5) of this paragraph, the
owner of any Kraft pulp mill subject to the following emission
limiting regulation in the Idaho Implementation Plan shall
comply with the compliance schedule in subparagraph (2) of this
paragraph: "Rules and Regulations for the Control of Air
Pollution in Idaho," regulation 0, section 3, subsection E
(chapter VII of the Idaho implementation plan).
(2) Compliance schedule for recovery furnaces.
(i) January 1, 1974--Achieve compliance with the applicable
regulations, and certify such compliance to the Administa-
tor.
(ii) If a performance test is determined necessary by the Ad-
ministrator to certify compliance, such a test must be
completed by January 15, 1974. Ten days prior to such
a test, notice must be given to the Administrator to
afford him the opportunity to have an observer present.
(3) (4) (Reserved)
(5) (i) None of the above subparagraphs shall apply to a source
which is presently in compliance with applicable reg-
ulations and which has certified such compliance to the
Administrator by October 1, 1973. The Administrator
may request whatever supporting information he considers
necessary for proper certification.
(ii) Any compliance schedule adopted by the State and approved
by the Administrator shall satisfy the requirements of
this paragraph for the affected source.
(iii) Any owner or operator subject to a compliance schedule in
this paragraph may submit to the Administrator no later
than October 1, 1973, a proposed alternative compliance
schedule. No such compliance schedule may provide for
final compliance after the final compliance date in the
applicable compliance schedule of this paragraph. If
promulgated by the Administrator, such schedule shall
satisfy the requirements of this paragraph for the
affected source.
(6) Nothing in this paragraph shall preclude the Administrator
from promulgating a separate schedule for any source to which
the application of a compliance schedule for any source
fails to satisfy the requirements of 51.15(b) and (c) of this
chapter.
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!17.0) 52.683 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Major stationary source" means --
(i) Any of the following stationary sources of air
pollutants which emit, or have the potential to
emit, 100 tons per year or nore of any air
pollutant regulated under the Clean Air Act (the
"Act"): Fossil fuel-fired steam electric plants
of more than 250 million British thermal units
per hour heat input, coal cleaning plants (with
thermal dryers), kraft pulp mills, portland
cement plants, primary zinc smelters, iron and
steel mill plants, primary aluminum ore reduction
plants, primary copper smelters, municipal incin-
erators capable of charging more than 250 tons
of refuse per day, hydrofluoric, sulfuric, and
nitric acid plants, petroleum refineries, lime
plants, phosphate rock processing plants, coke
oven batteries, sulfur recovery plants, carbon
black plants (furnace process), primary lead
smelters, fuel conversion plants, sintering plants,
secondary metal production plants, chemical
process plants, fossil fuel boilers (or combina-
tions thereof) totaling more than 250 million
British thermal units per hour heat input, petro-
leum storage and transfer units with a total
storage capacity exceeding 300 thousand barrels,
taconite ore processing plants, glass fiber pro-
cessing plants, and charcoal production plants;
and
(ii) Notwithstanding the source sizes specified in
paragraph (b)(1)(i) of this section, any source
which emits, or has the potential to emit, 250
tons per year or more of any pollutant regulated
under the Act.
(2) "Major modification" means any physical change in,
change in the method of operation of, or addition to
a stationary source which increases the potential emis-
sion rate of any air pollutant regulated under the
act (including any not previously emitted and taking
into account all accumulated increases in potential
emissions occurring at the source since August 7, 1977,
or since the time of the last construction approval
issued for the source pursuant to this section, which-
ever time is more recent, regardless of any emission
reductions achieved elsewhere in the source) by either
100 tons per year or more for any source category
identified in paragraph (b)(1)(i) of this section, or
by 250 tons per year of more for any stationary source.
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(i) A physical change shall not include routine
maintenance, repair and replacement.
(ii) A change in the method of operation, unless
previously limited by enforceable permit condi-
tions, shall not include:
(a) An increase in the production rate, if such
increase does not exceed the operating
design capacity of the source;
(b) An increase in the hours of operation;
(c) Use of an alternative fuel or raw material
by reason of an order in effect under
Sections 2 (a) and (b) of the Energy Supply
and Environmental Coordination Act of 1974
(or any superseding legislation), or by
reason of a natural gas curtailment plan in
effect pursuant to the Federal Power Act;
(d) Use of an alternative fuel or raw material,
if prior to January 6, 1975, the source was
capable of accommodating such fuel or
material; or
(e) Use of an alternative fuel by reason of an
order or rule under Section 125 of the Act;
(f) Change in ownership of the source.
(3) "Potential to emit" means the capability at maximum
capacity to emit a pollutant in the absence of air
pollution control equipment. "Air pollution control
equipment" includes control equipment which is not,
aside from air pollution control laws and regulations,
vital to production of the normal product of the source
or to its normal operation. Annual potential shall
be based on the maximum annual rated capacity of the
source, unless the source is subject to enforceable
permit conditions which limit the annual hours of
operation. Enforceable permit conditions on the type
or amount of materials combusted or processed may be
used in determining the potential emission rate of a
source.
(4) "Source" means any structure, building, facility,
equipment, installation, or operation (or combination
thereof) which is located on one or more contiguous
or adjacent properties and which is owned or operated
by the same person (or by persons under common"
control).
(5) "Facility" means an identifiable piece of process
equipment. A source is composed of one or more
pollutant-emitting facilities.
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(6) "Fugitive dust" means particulate natter composed of
soil which is uncontaminated by pollutants resulting
from industrial activity. Fugitive dust may include
emissions from haul roads, wind erosion of exposed
soil surfaces and soil storage piles and other
activities in which soil is either removed, stored,
transported, or redistributed.
(7) "Construction" means fabrication, erection, installa-
tion, or modification of a source.
(8) "Commence" as applied to construction of a major
stationary source or major modification means that
the owner or operator has all necessary preconstruc-
tion approvals or permits and either has:
(i) Begun, or caused to begin, a continuous program
of physical on-site construction of the source,
to be completed within a reasonable time; or
(ii) Entered into binding agreements or contractual
obligations, which cannot be cancelled or modified
without substantial loss to the owner or operator,
to undertake a program of construction of the
source to be completed within a reasonable time.
(9) "Necessary preconstruction approvals or permits" means
those permits or approvals required under Federal air
quality control laws and regulations and those air
quality control laws and regulations which are part of
the applicable State implementation plan.
(10) "Best available control technology" means an emission
limitation (including a visible emission standard)
based on the maximum degree of reduction for each-
pollutant subject to regulation under the act which
would be emitted from any proposed major stationary
source or major modification which the Administrator,
on a case-by-case basis, taking into account energy,
environmental, and economic impacts and other costs,
determines is achievable for such source or modifica-
tion through application of production processes or
available methods, systems, and techniques, including
fuel cleaning or treatment or innovative fuel combus-
tion techniques for control of such pollutant. In no
event shall application of best available control
technology result in emissions of any pollutant which
would exceed the emissions allowed by any applicable
standard under 40 CFR part 60 and part 61. If the
Administrator determines that technological or economic
limitations on the application of measurement methodo-
logy to a particular class of sources would make the
impositionof an emission standard infeasible, a design,
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equipment, work practice or operational standard,
or combination thereof, may be prescribed instead to
require the application of best available control
technology. Such standard shall, to the degree
possible, set forth the emission reduction achievable
by implementation of such design, equipment, work
practice or operation, and shall provide for com-
pliance by means which achieve equivalent results.
(11) "Baseline concentration" means that ambient concentra-
tion level reflecting actual air quality as of August
7, 1977, minus any contribution from major stationary
sources and major modifications on which construction
commenced on or after January 6, 1975. The baseline
concentration shall include contributions fiom:
(i) The actual emissions of other sources in existence
on August 7, 1977, except that contributions from
facilities within such existing sources for which
a plan revision proposing less restrictive
requirements was submitted on or before August 7,
1977, and was pending action by the Administrator.
on that date shall be determined from the
allowable emissions of such facilities under the
plan as' revised; and
(ii) The allowable emissions of major stationary sources
and major modifications which commenced construc-
tion before January 6, 1975, but were not in
operation by August 7, 1977.
(12) "Federal Land Manager" means, with respect to any
lands in the United States, the Secretary of the
department with authority over such lands.
(13) "High terrain" means any area having an elevation
900 feet or more above the base of the stack of a
facility.
(14) "Low terrain" means any area other than high terrain.
(15) "Indian Reservation" means any Federally-recognized
reservation established by Treaty, Agreement, Ex-
ecutive Order, or Act of Congress.
(16) "Indian Governing Body" means the governing body of
s any tribe, band, or group of'Indians subject to the
jurisdiction of the United States and recognized by
the United States as possessing power or self-gov-
ernment.
(17) "Reconstruction" will be presumed to have taken place
where the fixed capital cost of the new components
exceed 50 percent of the fixed capital cost of a
comparable entirely new facility or source. However,
any final decision as to whether reconstruction has
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equipment, work practice or operational standard,
or combination thereof, may be prescribed instead to
require the application of best available control
technology. Such standard shall, to the degree
possible, set forth the emission reduction achievable
by implementation of such design, equipment, work
practice or operation, and shall provide for com-
pliance by means which achieve equivalent results.
(11) "Baseline concentration" means that ambient concentra-
tion level reflecting actual air quality as of August
7, 1977, minus any contribution from major stationary
sources and major modifications on which construction
commenced on or after January 6, 1975. The baseline
concentration shall include contributions fzom:
(i) The actual emissions of other sources in existence
on August 7, 1977, except that contributions from
facilities within such existing sources for which
a plan revision proposing less restrictive
requirements was submitted on or before August 7,
1977, and was pending action by the Administrator,
on that date shall be determined from the
allowable emissions of such facilities under the
plan as' revised; and
(ii) The allowable emissions of major stationary sources
and major modifications which commenced construc-
tion before January 6, 1975, but were not in
operation by August 7, 1977.
(12) "Federal Land Manager" means, with respect to any
lands in the United States, the Secretary of the
department with authority over such lands.
(13) "High terrain" means any area having an elevation
900 feet or more above the base of the stack of a
facility.
(14) "Low terrain" means any area other than high terrain.
(15) "Indian Reservation" means any Federally-recognized
reservation established by Treaty, Agreement, Ex-
ecutive Order, or Act of Congress.
(16) "Indian Governing Body" means the governing body of
any tribe, band, or group of'Indians subject to the
jurisdiction of the United States and recognized by
the United States as possessing power or self-gov-
ernment.
(17) "Reconstruction" will be presumed to have taken place
where the fixed capital cost of the new components
exceed 50 percent of the fixed capital cost of a
comparable entirely new facility or source. However,
any final decision as to whether reconstruction has
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occurred shall be made in accordance with the pro-
visions of 40 CFR 60.15(f) (l)-(3) . A reconstructed
source will be treated as a new source for purposes of
this section, except that use of an alternative fuel
or raw material by reason of an order in effect under
section 2 (a) and (b) of the Energy Supply and
Environmental Coordination Act of 1974 (or any
superseding legislation), by reason of a natural
gas curtailment"plan in effect pursuant to the Federal
Power Act, or by reason of an order or rule under
section 125 of the act, shall not be considered
reconstruction. In determining best available control
technology for a reconstructed source, the provisions
of 40 CFR 60.15(f) (4) shall be taken into account in
assessing whether a standard of performance under 40
CFR part 60 is applicable to such source.
(IS) "Fixed capital cost" means the capital needed to provide
all of the depreciable components.
(19) "Allowable emissions" means the emission rate cal-
culated using the maximum rated capacity of the source
(unless the source is subject to enforceable permit
conditions which limit the operating rate, or hours
of operation, or both) and the most stringent of the
following:
(i) Applicable standards as set forth in 40 CFR
part 60 and part 61,
(ii) The applicable State implementation plan emission
limitation, or
(iii) The emission rate specified as a permit condi-
tion.
(c) Ambient air increments. In areas designated as class I,
II, or III, increases in pollutant concentration over the
baseline concentration shall be limited to the following:
Maximum Allowable Increase
(Micrograms per cubic meter)
Class I
Pollutant
Particulate matter:
Annual geometric mean 5
24-h maximum ............ ... 10
Sulfur dioxide:
Annual arithmetic mean ...... . 2
24-h maximum ...... 5
3-h maximum .................... 25
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Class II
Particulate matter:
Annual geometric mean 19
24-h maximum 37
Sulfur dioxide:
Annual arithmetic 20
24-h maximum 91
3-h maximum 512
Class III
Particulate matter:
Annual geometric mean 37
24-h maximum 75
Sulfur dioxide:
Annual arithmetic mean 40
24-h maximum 182
3-h maximum 700
For any period other than an annual period, the applicable
maximum allowable increase may be exceeded during one such
period per year 'at any one location.
(d) Ambient air ceilings. No concentration of a pollutant
shall exceed:
(1) The concentration permitted under the national secondary
ambient air quality standard, or
(2) The concentration permitted under the national primary
ambient air quality standard, whichever concentration
is lowest for the pollutant for a period of exposure.
(e) Restrictions on area classifications.-
(1) All of the following areas which were in existence
on August 7, 1977, shall be Class I areas and may
not be redesignated:
(i) International parks.
(ii) National wilderness areas which exceed 5,000
acres in size.
(iii) National memorial parks which exceed 5,000 acres
in size, and
(iv) National parks which exceed 6,000 acres in size.
(2) Areas which were redesignated as Class I under regula-
tions promulgated before August 7, 1977, shall remain
Class I, but may be redesignated as provided in this
section.
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(3) Any other area, unless otherwise specified in the
legislation creating such an area, is initially
designated Class II, but may be redesignated as
provided in this section.
(4) The following areas may be redesignated only as
Class I or II:
(i) An area which as of August 7, 1977, exceeded
10,000 acres in size and was a national monument,
a national primitive area, a national preserve,
a national recreational area, a national wild and
scenic river, a national wildlife refuge, a
national lakeshore or seashore; and
(ii) A national park or national wilderness area
established after August 7, 1977, which exceeds
10,000 acres in size.
(f) Exclusions fron increment consumption.
(1) Upon written request of the Governor, made after notice
and opportunity for at least one public hearing to be
held in accordance with procedures established in 51.4
of this chapter, the Administrator shall exclude the
following concentrations in determining compliance
with a maximum allowable increase:
(i) Concentrations attributable to the increase in
emissions from sources which have converted from
the use of petroleum products, natural gas, or
both by reason of an order in effect under
Sections 2 (a) and (b) of the Energy Supply and
Environmental Coordination Act of 1974 (or any
superseding legislation) over the emissions from
such sources before the effective date of such
order;
(ii) Concentrations attributable to the increase in
emissions from sources which have converted from
using natural gas by reason of a natural gas
curtailment plan in effect pursuant to the
Federal Power Act over the emissions from such
sources before the effective date of such plan;
(iii) Concentrations of particulate matter attributable
to the increase in emissions from construction
or other temporary activities; and
(iv) The increase in concentrations attributable to
new sources outside the United States over the
concentrations attributable to existing sources
which are included in the baseline concentration.
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(2) No exclusion under paragraph (f)(1) (i) or (ii) of
this section shall apply more than five years after
the effective date of the order to which paragraph
(f)(1)(i) refers or the plan to which paragraph (f)
(1)(ii) refers, whichever isapplicable. If both
such order and plan are applicable, no such exclusion
shall apply more than five years after the later of
such effective dates.
(3) No exclusion under paragraph (f) of this section shall
occur after March 19, 1979, if a State implementation
plan revision meeting the requirements of 40 CFR
51.24 has not been submitted to the Administrator by
that time.
(g) Redesignation.
(1) All areas (except as otherwise provided under paragraph
(e) of this section) are designated Class II as of
December 5, 1974. Redesignation (except as otherwise
precluded by paragraph (e) of this section) may be
proposed by the respective States or Indian Governing
Bodies, as provided below, subject to approval by
the Administrator as a revision to the applicable
State implementation plan.
(2) The State nay submit to the Administrator a proposal
to redesignate areas of the State Class I or Class
II provided that:
(i) At least one public hearing has been held in
accordance with procedures established in §51.4
of this chapter;
(ii) Other States, Indian Governing Bodies, and
Federal Land Managers whose lands may be affected
by the proposed redesignation were notified at
least 30 days prior to the public hearing;
(iii) A discussion of the reasons for the proposed
redesignation, including a satisfactory descrip-
tion and analysis of the health, environmental,
economic, social and energy effects of the pro-
posed redesignation, was prepared and made
available for public infection at least 30 days
prior to the hearing and the notice announcing
the hearing contained appropriate notification
of the availability of such discussion;
(iv) Prior to the issuance of notice respecting the
redesignation of an area that includes any Federal
lands, the State has provided written notice to
the appropriate Federal Land Manager and afforded
adequate opportunity (not in excess cf 60 days)
to confer with the State respecting the redesig-
nation and to submit written comments and
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recommendations. In redesignating any area with
respect to which any Federal Land Manager had
submitted written comments and recommendations,
the State shall have published a list_of any
inconsistency between such redesignation and such
comments and recommendations (together with the
reasons for making such redesignation against the
recommendation of the Federal Land Manager); and
(v) The State has proposed the redesignation after
consultation with the elected leadership of local
and other substate general purpose governments
in the area covered by the proposed redesignation.
(3) Any area other than an area to which paragraph (e)
of this section refers may be redesignated as Class III
if
i
(i) The redesignation would meet the requirements
of paragraph (g)(2) of this section.
(ii) The redesignation, except any established by an
Indian Governing Body, has been specifically
approved by the Governor of the State, after
consultation with the appropriate committees of
the legislature, if it is in session, or with the
leadership of the legislature, if it is not in
session (unless State law provides that the re-
designation must be specifically approved by
State legislation) and if general purpose units
of local government representing a majority of
the residents of the area to be redesignated enact
legislation or pass resolutions concurring in the
redesignation;
(iii) The redesignation would not cause, or contribute
to, a concentration of any air pollutant which
would exceed any maximum allowable increase per-
mitted under the classification of any other area
or any national ambient air quality standard; and
(iv) Any permit application for any major stationary
source or major modification, subject to review
under paragraph (1) of this section, which could
receive a permit under this section only if the
area in question were redesignated as Class III,
and any material submitted as part of that appli-
cation, were available insofar as was practicable
for public inspection prior to any public hearing
on redesignation of the area as Class III.
(4) Lands within the exterior boundaries of Indian
Reservations may be redesignated only by the appropriate
Indian Governing Body. The appropriate Indian Govern-
ing Body may submit to the Administrator a prooosal
to redesignate areas Class I, Class II, or Class III
Provided, That:
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(i) The Indian Governing Body has followed procedures
equivalent to those required of a State under
paragraphs (g)(2), (g)(3)(iii), and (g)(3)(iv) of
this section; and
(ii) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located and which border the Indian Reserva-
tion.
(5) The Administrator shall disapprove, within 90 days of
submission, a proposed redesignation of any area only
if he finds, after notice and opportunity for public
hearing, that such redesignation does not meet the
procedural requirements of this paragraph or is in-
consistent with paragraph (e) of this section. If
any such disapproval occurs, the classification of the
area shall be that which was in effect prior to the
redesignation which was disapproved.
(6) If the Administrator disapproves any proposed redesigna-
tion, the State or Indian Governing Body, as appropriate,
may resubmit the proposal after correcting the defici-
encies noted by the Administrator.
(h) Stack heights.
(1) The degree of emission limitation required for con-
trol of any air pollutant under this section shall not
be affected in any manner by
(i) So much of the stack height of any source as
exceeds good engineering practice, or
(ii) Any other dispersion technique.
(2) Paragraph (h) (1) 'of this section shall not apply with
respect to stack heights in existence before December
31, 1970, or to dispersion techniques implemented
before then.
(i) Review of major stationary sources and major modifications -
Source applicability and general exemptions.
(1) No major stationary source or major modification shall
be constructed unless the requirements of paragraphs
(j) through (r) of this section, as applicable, have
been met. The requirements of paragraphs (j) through
(r) shall apply to a proposed source or modification
only with respect to those pollutants for which it
would be a major stationary source or major modification.
2) The requirements of paragraphs (j) through (r) of this
section shall not apply to a major stationary source
or major modification that was subject to the review
requirements of 40 CFR 52.21 (d)(i) for the prevention
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of significant deterioration as in effect before
March 1, 1978, if the owner or operator
(i) Obtained under 40 CFR 52.21 a final approval
effective before March 1, 1978;
(ii) Commenced construction before March 19, 1979;
and
(iii) Did not discontinue construction for a period of
18 months or more and completed construction
within a reasonable time.
(3) The requirements of paragraphs (j) through (r) of
this section shall not apply to a major stationary
source or major modification that was not subject to
40 CFR 52.21 as in effect before March 1, 1978, if
the owner or operator
(i) Obtained all final Federal, State and local
preconstruction permits necessary under the
applicable State imolementation plan before March
1, 1978;
(ii) Commenced construction before March 19, 1979;
and
(iii) Did not discontinue construction for a period of
18 months or more and completed construction with-
in a reasonable time.
(4) The requirements of paragraphs (j) through (r) of this
section shall not apply to a major stationary source
or major modification that was subject to 40 CFR
52.21 as in effect before March 1, 1978, if review of
an application for approval for the source or modifi-
cation under 40 CFR 52.21 would have been completed
by March 1, 1978, but for an extension of the public
comment period pursuant to a request for such an
extension. In such a case, the application shall
continue to be processed, and granted or denied, under
40 CFR 52.21 as in effect prior to March 1, 1978.
(5) The requirements of paragraphs (j), (1), (n) and (p)
of this section shall not apply to a major stationary
source or major modification with respect to a particu-
lar pollutant if the owner or operator demonstrates
that
(i) As to that pollutant, the source or modification
is subject to the emission offset ruling (41 7"R
55524), as it may be amended, or to regulations
approved or promulgated pursuant to Section 173
of the Act; and
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(ii) The source or modification would impact no area
attaining the national ambient air quality standards
(either internal or external to areas designated
as nonattainment under Section 107 of the Act).
(6) The requirements of paragraphs (j) through (r) of this
section shall not apply, upon written request of the
Governor of a State, to a nonprofit health or education
institution to be located in that State.
(7) A portable facility which has previously received
construction approval under the requirements of this
section as applicable may relocate without again being
subject to those requirements if
(i) Emissions from the facility would not exceed
allowable emissions;
(ii) Emissions from the facility would impact no
Class I area and no area where an applicable
increment is known to be violated; and
(iii) Notice is given to the Administrator at least 30
days prior to such relocation identifying the
proposed new location and the probable duration
of operation at such location.
(j) Control technology review.
(1) A major stationary source or major modification
shall meet all applicable emission limitations under
the State implementaiton plan and all applicable
emission standards and standards of performance under
40 CFR Part 60 and Part 61.
(2) A major stationary source or major modification shall
apply best available control technology for each
applicable pollutant, unless the increase in allowable
emissions of that pollutant from the source or modifica-
tion would be less than 50 tons per year, 1,000 pounds
per day, or 100 pounds per hour, whichever is most
restrictive.
(i) The preceding hourly and daily rates shall apply
only with respect to a pollutant for which an
increment, or national ambient air quality standard,
for a period less than 24 hours or for a 24 hour
period, as appropriate, has been established.
(ii) In determining whether and to what extent a
modification would increase allowable emissions,
there shall be taken into account no emission
reductions achieved elsewhere at the source at.
which the modification would occur.
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(3) In the case of a modification, the requirement for best
available control technology shall arr>ly only to each
new or modified facility which would increase the
allowable emissions of an applicable pollutant.
(4) Nhere a facility within a source would be modified
but not reconstructed, the requirements for best
available control technology, notwithstanding
paragraph (j)(2) of this section, shall not apply to
such facility if no net increase in emissions of an
applicable pollutant would occur at the source,
taking into account all emission increases and decreases
at the source which would accompany the mortification,
and no adverse air quality impact would occur.
(5) For phased construction projects the determination of
best available control technology shall be reviewed,
and modified as aporopriate, at the latest reasonable
time prior to commencement of construction of each
independent phase of. the proposed source or modifica-
tion.
(k) Exemptions from impact analyses.
(1) The requirements of paragraphs (1), (n), and (p) shall
not apply to a major stationary source or major modifi-
cation with respect to a particular pollutant, if
(i) The increase in allowable emissions of that
pollutant from the source or modification would
impact no Class I area and no area where an appli-
cable increment is known to be violated; and
(ii) The increase in allowable emissions of that
pollutant from the source or modification would
be less than 50 tons per year, 1000 pounds per
day, or 100 pounds per hour, whichever is more
restrictive; or
(iii) The emissions of the pollutant are of a temporary
nature including but not limited to those from a
pilot plant, a portable facility, construction,
or exploration; or
(iv) A source is modified, but no increase in the net
amount of emissions for any pollutant subject to
a national ambient air quality standard and no
adverse air quality impact would occur.
(2) The hourly and daily rates set in paragraph (k)(1)(ii)
of this section shall apply only with respect to ?.
pollutant for which an increment, or national ambient
air quality standard, for a period of less than 24
hours or for a 24 hour period, as appropriate, has been
established.
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(3) In determining for the purpose of paragraph (k)
(1)(ii) of this section whether and to what extent
the modification would increase allowable emissions,
there shall be taken into account no emission reduction
achieved elsewhere at the source at which the modifi-
cation would occur.
(4) In determining for the purpose of paragraph (k)(1)(iv)
of this section whether and to what extent there would
be an increase in the net amount of emissions for any
pollutant subject to a national ambient air quality
standard from the source which is modified, there
shall be taken into account all emission increases and
decreases occurring at the source since August 7, 1977.
(5) The requirements of paragraphs (1), (n) and (p) of
this section shall not apply to a major stationary
source or to a major modification with respect to
emissions from it which the owner or operator has
shown to be fugitive dust.
(1) Air quality review. The owner or operator of the proposed
source or modification shall demonstrate that allowable
emission increases from the proposed source or modification,
in conjunction with all other applicable emissions increases
or reductions, would not cause or contribute to air pollu-
tion in violation of:
(1) Any national ambient air quality standard in any air
quality control region; or
(2) Any applicable maximum allowable increase over the
baseline concentration in any area.
(m) Air quality models.
(1) All estimates of ambient concentrations required under
this section shall be based on the applicable air
quality models, data bases, and other requirements
specified in the "Guideline on Air Quality Models"
(OAQPS 1.2-080, U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards, Research
Triangle Park, NC 27711, April 1978). This document
is incorporated by reference. On April 27, 1978, the
Office of the Federal Register approved this document
for incorporation by reference. A copy of the guideline
is on file in the Federal Register library -
(2) Where an air quality impact model specified in the
"Guideline on Air Quality Models" is inappropriate, the
model may be modified or another model substituted.
Such a change must be subject to notice and opportu-
nity for public comment under paragraph (r) of this
section. Written approval of the Administrator must
be obtained for any modification or substitution.
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Methods like those outlined in the "Workbook for the
Comparison of Air Quality Models" (U.S. Environmental
Protection Agency, Office of Air Quality Planning and
Standards, Research Triangle Park, NC 27711, May,
1978) should be used to determine the comparability
of air quality models.
(3) The documents "referenced in this paragraph are
available for public inspection at EPA's Public Informa-
tion Reference Unit and at the libraries of each of
the ten EPA Regional Offices. Copies are available as
supplies permit from the Library Service Office
(MD-35), U.S. Environmental Protection Agency, Research
Triangle Park, NC 27711. Also, copies may be pur-
chased from the National Technical information Service,
5285 Port Royal Road, Springfield, VA 22161.
(n) Monitoring.
(1) The owner or operator of a proposed source or modi-
fication shall, after construction of the source or
modification, conduct such ambient air duality moni-
toring as the Administrator determines may be necessary
to establish the effect which emissions from the
source or modification of a pollutant for which a
national ambient air quality standard exists (other
than non-methane hydrocarbons) may have, or is having,
on air quality in any area which such emissions would
affect. "
(2) As neccessary to determine whether emissions from the
proposed source or modification would cause or contri-
bute to a violation of a national ambient air quality
standard, any permit application submitted after
August 7, 1978, shall include an analysis of con-
tinuous air quality monitoring data for any pollutant
emitted by the source or modification for which a nationa
ambient air quality standard exists, except non-
methane hydrocarbons. Such data shall relate to and
shall have been gathered over, the year preceding
receipt of the complete application, unless the owner
or operator demonstrates to the Administrator's
satisfaction that such data gathered over a portion
or portions of that year or another representative year
would be adequate to determine that the source or
modification would not cause or contribute to a violation
of a national ambient air quality standard,
(o) Source information. The owner or operator of a proposed
source or modification shall submit all information necessary
to perform any analysis or make any determination required
under this section.
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(1) With respect to a source or modification to which
paragraphs (j), (1), (n) and (p) of this section
apply, such information shall include:
(i) A description of the nature, location, design
capacity,and typical operating schedule of the
source or modification, including specifications
and drawings showing its design and plant layout;
(ii) A detailed schedule for construction of the source
or modification;
(iii) A detailed description as to what system of
continuous envis-sion reduction is planned for the
source or modification, emission estimates, and
any other information necessary to determine that
best available control technology would be applied.
(2) Upon request of the Administrator, the owner or
operator shall also provide information on:
(i) The air quality impact of the source or modifi-
cation, including meteoroloaical and topographical
data necessary to estimate such impact; and
(ii) The air quality impacts, and the nature and
extent of any or all general commercial, residential
industrial, and other growth which has occurred
since August 7, 1977, in the area the source or
modification would affect.
(p) Additional impact analyses.
(1) The owner or operator shall provide an analysis of the
impairment to visibility, soils and vegetation that
would occur as a result of the source or modification
and general commercial, residential, industrial and
other growth associated with the source or modification.
The owner or operator need not provide an analysis of
the impact on vegetation having no significant com-
mercial or recreational value.
(2) The owner or operator shall provide an analysis of the
air quality impact projected for the area as a result
of general commercial, residential, industrial and
other growth associated with the source or modification.
(q) Sources impacting Federal Class I areas additional
requirements.
(1) Notice to Federal Land Managers. The Administrator
shall provide notice or any permit application for a
proposed major stationary source or major modification
the emissions from which would affect a Class I area
to the Federal Land Manaaer, and the Federal official
charged with direct responsibility for management, of
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any lands within any such area. The Administrator
shall provide such notice promptly after receiving the
application. The Administrator shall also provide
the Federal Land Manager and such Federal officials
with a copy of the preliminary determination required
under paragraph (r) of this section, and shall make
available to them any materials used in making that
determination, promptly after the Administrator makes
it.
(2) Federal Land Manager. The Federal Land Manager and the
Federal official charged with direct responsibility
for management of such lands have an affirmative
responsibility to protect the air quality related values
(including visibility) of such lands and to consider,
in consultation with the Administrator, whether a
proposed source or modification will have an adverse
impact on such values.
(3) Denial - impact on air quality related values. The
Federal Land Manager of any such lands may demonstrate
to the Administrator that the emissions from a proposed
source or modification would have an adverse impact on
the air quality-related values (including visibility)
of those lands, notwithstanding that the change in air
quality resulting from emissions from such source or
modification would not cause or contribute to concen-
trations which would exceed the maximum allowable
increases for a Class I area. If the Administrator
concurs with such demonstration, then he shall not issue
the permit.
(4) Class I variances. The owner or operator of a
proposed source or modification may demonstrate to the
Federal Land Manager that the emissions from such
source or modification would have no adverse impact
on the air quality related values of any such lands
(including visibility), notwithstanding that the change
in air quality resulting from emissions from such
source or modification would cause or contribute to
concentrations which would exceed the maximum allowable
increases for a Class I area. If the Federal Land
Manager concurs with such demonstration and he so
certifies, the State may authorize the Administrator:
Provided, That the applicable requirements of this
section are otherwise met, to issue the permit with
such emission limitations as may be necessary to assure
that emissions of sulfur dioxide and particulate matter
would not exceed the following maximum allowable
increases over baseline concentration for such
oollutants:
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Maximum
allowable
increase
(micrograms
per cubic
meter)
Particulate matter:
Annual geometric mean 19
24-hr maximum 37
Sulfur dioxide:
Annual arithmetic mean 20
24-hr maximum 91
3-hr maximum 325
(5) Sulfur dioxide variance by Governor with Federal Land
Manager's concurrence"! The owner or operator of a
proposed source or modification which cannot be
approved under paragraph (q) (4) of this section may
demonstrate to the Governor that the source cannot
be constructed by reason of any maximum allowable in-
crease for sulfur dioxide for a period of twenty-four
hours or less applicable to any Class I area and, in
the case of Federal mandatory Class I areas, that a
variance under this clause would not adversely affect
the air quality related values of the area (including
visibility). The Governor, after consideration of the
Federal Land Manager's recommendation (if any) and
subject to his concurrence, may, after notice and
public hearing, grant a variance from such maximum
allowable increase. If such variance is granted, the
Administrator shall issue a permit to such source or
modification pursuant to the requirements of paragraph
(q)(7) of this section: Provided, That the applicable
requirements of this section are otherwise met.
(6) Variance by the Governor with the President's con-
currence.In any case where the Governor recommends
a variance in which the Federal Land Manager does not
concur, the recommendations of the Governor and the
Federal Land Manager shall be transmitted to the
President. The President may approve the Governor's
recommendation if he finds that the variance is in the
national interest. If the variance is approved, the
Administrator shall issue a permit pursuant to the
requirements of paragraph (c)(7) of this section:
Provided, That the applicable reauirements o~ this
section are otherwise met.
(7) Emission limitations for Presidential or cubernatioria-
variance. In the case of a oermit issued cursuar.- ~o
paragraph (q)(5) or (6) of
or modification shall comply with such emission lirr.i-a-
tions as may be necessary to assure that emissions of
sulfur dioxide from the source or modification would
not (durinc anv dav on which ~he otherwise acnlica'cle
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maximum allowable increases are exceeded) cause or
contribute to concentrations which would exceed the
following maximum allowable increases over the base-
line concentration and to assure that such emissions
would not cause or contribute to concentrations which
exceed the otherwise applicable maximum allowable
increases for periods of exposure of 24 hours or less
for more than 18 days, not necessarily consecutive,
during any annual period:
Maximum Allowable Increase
(Micrograms per cubic meter)
24-hr maximum % 36 62
3-hr maximum ." . . 130 221
(r) Public participation.
(1) Within 30 days after receipt of an application to
construct, or any addition to such application, the
Administrator shall advise the applicant of any
deficiency in the application or in the information
submitted. In the event of such a deficiency, the
date of receipt of the application shall be, for the
purpose of this section, the date on which the Adminis-
trator received all reauir.ed information.
(2) Within 1 year after receipt of a complete apolication,
the Administrator shall make a final determination on
the application. This involves performing the follow-
ing actions in a timely manner:
(i) Make a preliminary determination whether construc-
tion should be approved, approved with conditions,
or disapproved.
(ii) Make available in at least one location in each
region in which the proposed source or modifica-
tion would be constructed a copy of all materials
the applicant submitted, a copy of the preliminary
determination and a copy or summary of other
materials, if any, considered in making the
preliminary determination.
(iii) Notify the public, by advertisement in a newspaper
of general circulation in each region in -vhich the
proposed source or modification would be construct-
ed, of the application, the preliminary determina-
tion, the degree of increment consumption that is
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expected from the source or modification, and
the opportunity for comment at a public hearing
as well as written public comment.
(iv) Send a copy of the notice of public comment to
the applicant and to officials and agencies
having cognizance over the location where the
proposed construction would occur as follow?:
State and local air pollution control aaencies,
the chief executives of the city and county
where the source or modification would be located,
any comprehensive regional land use planning
agency and any State, Federal Land Manager, or
Indian Governing Body whose lands may be affected
by emissions from the source or modification.
(v) Provide opportunity for a public hearing for
interested persons to appear and submit written
or oral comments on the air quality impact of
the source or modification, alternatives to the
source or modification, the control technoloay
required, and other appropriate considerations.
(vi) Consider all written comments submitted within a
time specified in the notice of public comment
and all comments received at any pbulic hearing(s)
in making a final decision on the approvability
of the application. No later than 10 days after
the close of the public comment period, the
applicant may submit a written response to any
comments submitted by the public. The Adminis-
trator shall consider the applicant's response in
making final decision. The Administrator shall
make all comments available for public inspection
in the same locations where the Administrator
made available preconstruction information
relating to the proposed source or modificaiton.
(vii) Make a final determination whether construction
should be approved, approved with conditions, or
disapproved pursuant to this section.
(viii) Notify the applicant in writing of the final
determination and make such notification available
for public inspection at the same location where
the Administrator made available preconstruction
information and public comments relating to the
source or modification.
(3) The requirements of paragraph (r) of this section shall
not apply to any major stationary source or major
modification which paragraph (k) would exempt from the
requirements of paragraphs (1), (n), and (p), but
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only to the extent that, with respect to each of the
criteria for construction approval under the applicable
State implementation plan and for exemption under
paragraph (k), requirements providing the public
with"at least as much participation in each material
determination as those of paragraph (r) have been net
in the granting of such construction approval.
(s) Source obligation.
(1) Any owner or operator who constructs or operates
a source or modification not in accordance with the
application submitted pursuant to this section or
with the terms of any approval to construct, or
any owner or operator of a source or modification subject
to this section who commences construction af-cer the
effective date of these regulations without applying
for and.receiving approval hereunder, shall be subject
to appropriate enforcement action.
(2) Approval to construct shall become invalid if construc-
tion is not commenced within 18 months after receipt
of such approval, if construction is discontinued for
a period of 18 months or more, or if construction is
not completed within a reasonable time. The Administra-
tor may extend the 18-month period upon a satisfactory
showing that an extension is justified. This provision
does not apply to the time period between construction
of the approved phases of a phased construction project:
. each phase must commence construction within 18
months of the projected and approved commencement date.
(3) Approval to construct shall not relieve any owner or
operator of the responsibility to comply fully with
applicable provisions of the State implementation plan
and any other requirements under local, State or
Federal law.
(t) Environmental impact statements. Whenever any proposed
source or modification is subject to action by a Federal
Agency which might necessitate preparation of an environ-
mental impact statement pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321), review by the'Administra-
tor conducted pursuant to this section shall be coordinated
with the broad environmental reviews under that Act and under
Section 309 of the Clean Air Act to the maximum extent feasib-
and reasonable.
(u) Disputed permits or redesignations. If any State affected
by the redesignation of an area by an Indian Governing
Body, or any Indian Governing Body of a tribe affected by
the redesignation of an area by a State, disagrees with sue'.
-Ill-
-------
redesignation, or if a permit is proposed to be issued for
any major stationary source or major modification proposed
for construction in any State which the Governor of an
affected State or Indian Governing Body of an affected tribe
determines will cause or contribute to a cumulative chanae
in air quality in excess of that allowed in this part
within the affected State or Indian Reservation, the Governor
or Indian Governing Body may reauest the Administrator to
enter into negotiations with the parties involved to resolve
such dispute. If requested by any State or Indian Governing
Body involved, the Administrator shall make a recommenda-
tion to resolve the dispute and protect the air auality
related values of the lands involved. If the parties involved
do not reach agreement, the Administrator shall resolve
the dispute and his determination, or the results of
agreements reached through other means, shall become
part of the applicable State implementation plan and shall
be enforceable as part of such plan. In resolving such
disputes relating to area redesignation, the Administrator
shall consider the extent to which the lands involved are
of sufficient size to allow effective air quality management
or have air quality related values of such an area.
(v) Delegation of authority.
< (1) The Administrator shall have the authority to delegate
his responsibility for conducting source review pur-
suant to this section, in accordance with paragraphs
(v)(2) and (3) of this section.
(2) Where the Administrator delegates the responsibility
for conducting source review under this section to any
agency other than a Regional Office of the Environmental
Protection Agency, the following provisions shall
apply:
(i) Where the delegate agency is not an air pollution
control agency, it shall consult with the appropri-
ate State and local air pollution control agency
prior to making any determination under this sec-
tion. Similarly, where the delegate agency does
not have continuing responsibility for managing
land use, it" shall consult with the appropriate
State and local agency primarily responsible for
managing land use prior to making any determina-
tion under this section.
(ii) The delegate agency shall send a copy of any
public comment notice reauired under paragraph
(r) of this section to the Administrator through
the appropriate Regional Office.
-112-
-------
(3) The Administrator's authority for reviewing a source
or modification located on an Indian Reservation shall
not be redelegat^d other than to a Regional Office
of the Environmental Protection Agency, except where
the State has assumed jurisdiction over such land under
other laws. Where the State has assumed such
jurisdiction/ the Administrator may delegate his
authority to the States in accordance with paragraph
(v)(2) of this section.
(4) In the case of a source or modification which proposes
to construct in a class III area, emissions from
which would cause or contribute to air quality
exceeding the maximum allowable increase applicable if
the area were designated a dlass II area, and where
no standard under section 111 of the act has been
promulgated for such source cateaory, the Administra-
tor must approve the determination of best available
control technology as set forth in the permit.
-113-
-------
NON-REGULATORY
REVISIONS
-------
ERA-APPROVED NON-REGULATORY REVISIONS TO STATE OF IDAHO SIP
UP TO JULY 1, 1979
Publ ication
of Approval
05/31/72
05/31/72
05/31/72
05/31/72
07/27/72
Submital
Date
01/31/72
02/23/72
03/02/72
05/05/72
06/09/72
Page
37FR10861
37FR10861
37FR10861
37FR10861
37FR15082
Document Description
Original SIP.
Revisions which include schedules for the attainment of S02
ambient air quality standards and minor changes to the plan.
Request by the Governor for delegation of legal authority to
enforce source surveillance requirements.
Request by the Governor for an 18-month extension for partic-
ulate matter in all AQCR's.
Revisions which include Appendix D, Agricultural Burning, and
10/23/73
02/25/74-^
11/26/74
01/30/75t
04/29/75
08/07/75
11/04/75
OS/26/72
10/16/73
08/15/73
07/01/74
3SFR29296
39FR7280
39FR41253
40FR4421
06/11/74 40FR18734
01/10/75 40FR33215
07/28/75 4QFR51195
Appendix E, Ousts From Agricultural Related Activities, of the
plan.
Revisions to plan which include assurances of attainment of
national primary and secondary air quality standards, emissions
inventory, sulfur dioxide air quality data emergency episode
criteria, testing and inspection of stationary sources, def-
inition changes, and public availability of emission data.
Revisions to plan which include an amendment to Chapter IX to
provide for review of indirect sources and a new Chapter XIV
which sets forth the control strategy for attaining secondary
particulate matter standards.
Revisions to 1972 Session Laws, Chapter 347, 1973 Session Laws,
Chapters 87, 136, 137, 138, 139, and 143, Chapters 18 and 52
of the Idaho Code, and the accompanying Attorney General's
opinion.
Addition to Chapter XI of the plan to include administrative
procedures for indirect source_review.
Designation of AQMA's, adopted as Chapter XV of the plan.
Revisions to Chapter IV, Sulfur Dioxide Control Strategies,
and Appendix F of the plan.
Consent Order for Beker Industries Corporation.
^Revisions dealing with indirect sources are to be deleted from CFR.
-------
05/31/72
-------
Original State Implementation Plan
On April 30, 1971, the EPA Administrator promulgated National
Ambient Air Quality Standards (NAAQS) for sulfur dioxide, particulate
matter, carbon monoxide, photochemical oxidants, hydrocarbons, and
nitrogen dioxide. Section 110 of the Clean Air Act directs that
following this action by the Administrator, each State shall adopt and
submit to the Administrator a plan which will provide for the implemen-
tation, maintenance, and enforcement of such NAAQS within each Air
Quality Control Region (AQCR), or portion thereof, within the State.
These State plans had to provide for the attainment of the
adopted primary ambient air quality standards within three years after
the Administrator approved such plans.
The original State plans were submitted in 1972 and later approved
by the EPA Administrator. The States submitted plans with varying
formats but in most cases the plans contain the following elements:
Introduction
Legal Authority
Control Strategy - General
Control Strategy - Particulates and Sulfur Oxides
Compliance Schedules
Prevention of Air Pollution Emergency Episodes
Air Quality Surveillance Network
Review of New Sources and Modification - Permit System
Source Surveillance
Resources
Intergovernmental Cooperation
Rules and Regulations
Emission Inventory Methodology
The original State Implementation Plan approved by the EPA
Administrator is on file at the Office of the Federal Register.
-------
I1
k'f c-> V-N
*// ! -_ . , \\-
*HC*IIH ^JJta W(^q
AIR POLLUTION CONTROL SECTION ^
To: James Agee
From: AL HIGUREN
Da»c_
Ncccssory Action
Per Conversation
Note and See We
_?~ For Your Information
Returned
As Requested
Rcmorks: Please find enclosed in this package:
(1) My letter to you of February 23.
(2) Dunker Hill Compliance Schedule.
(3) Copy of my letter to John Bigcs
(A) My letter to you of January Jl.
(5) Governor Andrus' letter to Mr. Ruckelshaus.
-------
February 23, 1972
SIAIEHOU5E, BOISE, IDAHO 83707
Mr. James Agee
Regional Administrator
Environmental Protection'Agency
Region X
1200 Sixth Avenue
Seattle, Washington 93101
Dear Mr . Agee :
As indicated in my letter of January 31, 1972, which
transmitted our Implementation Plan to you, we are proceeding with
'development of Schedules for Compliance with National Air Quality
Standards for the two major SC^ sources in Idaho, The major
requirements and deadlines for attainment were attached to my
earlier letter. We are now taking the necessary steps so that «ff"
its next meeting the Air Pollution Control Commission can take
formal action in adopting legally enforceable Compliance Schedules
for S02 abalemtuL ui the Danker Hill Srr.cltcr Cc-.pl-jy. :vJ th-3
J. R. Simplot Fertilizer Plant. We plan to hold our next re9,ular
meeting on April 7 (tentatively), so we can officially submit
these schedules to you shortly thereafter. We will continue to
keep your office informed of our progress.
Attached for your information is cur proposed Schedule
for Compliance with Sulfur Dioxide Ambient Air Quality Standards
for the Bunker Hill Company. As previously ^.r.Jicat cd , the
Commission will take formal action on this at its April 7 meeting.
At this time I wish to correct a misunderstanding on
my part concerning extension of the deadline for subr.iittin- l.he
portion OL the Plan to implement secondary air quality standards.
In my lettev of January 31 Co vou we requested an eighteen month
extension for attainment of secondary sulfur dioxide ambic'.-.t air
quality standards in the Kellogg area. That request should ha^e
been for an eighteen month extension of dt:ncin".nc for our Svibrt.ict ing
the portion of the Plan thac iJoal? with secondary sulfur d ic :;,. cc
standards. We now make such request base'.: on the follo-.r'.nr reasons
(1-) Indications are that tho necessary technology
is not yet avnj l,ibl<:,
(2) Kv?ht -cu riMi! It:, fr <.: no,- ,,- '-'ll l...vo much '
tnO!' t,if:..r. i n--. : ..i i. J..(..'. >v. '.''.: i.f 1 \ I : ;i'.;kii ;".
i'ilcJ ,iiul ll'.i1 .ir.uiuns. o l i i iin.'
-------
Mr. James Agee - 2 - February 23, 1972
Attached is a copy of our notification of this request
to the State of Washington, as required in the Federal Register
guidelines.
I realize this request has been somewhat delayed due
to my own misunderstanding of .Section 420.31 of the August 14, 1971,
.Fpdcr.il Resistor. However we feel it is a reasonable request for
the reasons given nnd I believe your staff who have been working
with us on this will concur. We respectfully request your con-
sideration and favorable action on this matter.
Finally, we wish to report that the J. R. Simplot
Compliance Schedule is also in the final stages of being developed
in a form suitable for. discussion and action by the Commission at
its April meeting. 1L will be forwarded to you as soon as possible.
Sincerely.
'-Alfred
AdminT.;sl;rative Di"rect or/
Air Pol lution/Contr Decommission
AJl'/kh
Enclosure
-------
Idaho DcpurLmeul of Ik-aUli
February 22, 1972
IDAHO AIR POLLUTION CONTROL COMMISSION
SCHEDULE TOR COMPLIANCE WITH SULFUR
DIOXIDE AMBIENT AIR QUALITY STANDARDS
For
The Bunker Hill Company
Kellogg, Idaho
PURPOSE
The purpose of this compliance schedule is to establish a program
whereby the Bunker Hill Company will take steps to further improve air quality
in the Kellogg area and attain compliance by calendar year 1975 with the
i
Primary Sulfur Dioxide. Ambient Air Quality Standards adopted by the Idaho
Air Pollution Control Commission on January 31, 1972. This program shall
includ a:
(1) An immediate reduction from past emission rates,
(2) The continuous operation of all available sulfur dioxide control
systems, including all three sulfuric acid plants,
(3) The development of sufficient data to determine before 1975 if
reduction in emissions below present maximum control capability
will be needed for compliance with the Primary Standards,
(4) The highest and best practicable treatment and control of sulfur
dioxide emissions through full use of available control equipment
by 1975,
(5) Continued use and development of procedure::; co minimiz-e concentra-
tions of sulfur dioxide in the ambient air through c.djustr.ients
in pumt operation;; ai\d reduction in emissions,
«
(6) LI L i - >: L i v <.' I'.io'.iLc o'.:.'.-, ."'(.i L cporL i r.j; c (' ,:nl.>i tjni; .iir ujc,;, cmi.ssi.oas
-------
diiLu, and other in formation necessary to show to the satisfaction
of the Commission that the various provisions of this Compliance
Schedule are being met and
(7) Special studies to investigate and evaluate future improvements
in sulfur dioxide emissions control. / >' ,\ \
* 'I -' \-} !
GENERAL PROVISIONS
A. Immediate Reduction in Emissions ' \' ,/j
'T
Effective immediately the average yearly emission rate shall be
reduced to fifty (50) percent of the emission rate of calendar
year 1971. *-fL^'^« jz.*^~J ~r° ? \ f~r~v ~^~- ^ °-± / fy*- '
B. Continuous Operation of Sulfurlc Acid Plants
Effective immediately, all sulfur dioxide control facilities,
including the three sulfuric acid plants, shall be on-line
~4^i ^£^r f -/\>~*'7f '^
-------
D. Kcst Pr.tct Icahl r_Tr'?ntmont; and Control Required by 1975
By June, 1975, Emission reduction necessary to achieve Primary
Ambient Air Quality Standards will be attained through maximum
utilization of all installed control equipment, monitoring
equipment and operational procedures. Currently available
information indicates that this maximum emission control will /
,'- "./.^K,
be approximately 85-37 percent recovery of input sulfur for
*<
the entire plant complex. As provided in C above, this Require-
ment (Requirement D) may be modified by the Commission during the 90
day period following January, 1974, if evidence available at that
time indicates that this degree of control will not meet Primary
Standards.
E. Procedures Used Co Minimize Ambient Air Concentrations
Every reasonable effort to minimize intensity and duration of
short term build-up of sulfur dioxide ambient air concentrations
shall be uiade. This shall require the continued use and development
of "closed loop control" procedures recently initiated (including
the usa of air quality monitors, weather monitors, telemetering
devices, etc.) to adjust plant operation and reduce emissions as
necessary during periods of atmospheric stagnation. Normal
shut-down, maintenance and operational procedures shall be conducted
co as to minimize emissions and atmospheric concentrations of
sulfur dioxide. Emergency procedures shall be established and
followed in accordance with the Emergency Kptsodo Procedures of
Lhe State Plan for Imploaicutat ion of Air Quality Standards.
-------
F. MonitorLng nnd Reporting -
Monitoring and Reporting of ambient air data, emission data, and
other information necessary to show compliance with these Provisions
shall be required. The Procedures and Requirements for Monitoring
and Reporting arc set forth in the State Plan for Implementation of
Air Quality Standards.
G. Special Studies ,
Special Studies shall be conducted by the Company and the results
thereof submitted to the Commission by January, 1974. The Studies
shall cover the following areas:
(1) An in-depth feasibility study of sulfuric acid disposal
using the principle of wasting acid with lime, forming
inert gypsum.
(2) A metallurgical research program directed toward recycling
the low concentration sulfur dioxide tailgas stream back
through the new Lurgi updraft sintering machine.
(3) An in-depth feasibility study directed toward utilization
of the limestone scrubbing process developed for power
plant S02 removal on the low concentration tailgas stream
from the sintering machine.
-------
February 25, 1972
Mr. John A. Biggs
Washington State Department of Ecology
P. 0. Box 829
Olympia, Washington 98504
Dear Mr. Biggs :
We wish to inform you of our request to
the Administrator of the Federal Environmental Protection
Agency, through the Administrator of Region X, KPA, for
additional time in submitting a portion of die Inplemen-
tatian 1'lau affecting Region 62, the Northern Idaho-Fast ern
Washington Interstate Region. Under the provisions of
Section 420.31 of the August, 1971, Federal Rrai:--t or.
we are requesting on additional eighteen months in which
to prepare a Plan for attainment of secondary sulfur
dioxide ambient air quality standards in the Kellogg
area of Shoshone County. We believe that this will
have no affect whatsoever on t:he air .quality of the
Washington portion of this Interstate Region.
'Alfred J// Eig
Admi u ist rat ivt
Director
Air Pollution Control Commission
AJF./kh
cc : Mr. James Agee
-------
STATIMOim. SOISi. IDAHO 83707
January 31, 1972
Mr. James Agee
Regional Administrator
Environmental Protection Agency
Region X
1200 Sixth Avenue
Seattle, Washington 98101
Dear Mr. Agee:
We are transmitting to EPA five sets of our adopted
Implementation Plan and all pertinent accompanying documents.
Attached to this letter is a list of the contents of each of these
five "Implement ;i t ion Plan packages". All pertinent Hearing
transcripts, addendums, attachments, references, etc., are included,
The Plan as adopted incorporates Addcndiras A, 3, and
C which are also included. These Addendums include changes Chat
the Commission felt were appropriate to make, based on the
extensive testimony that was received in the public Hearing and
meetings on the Plan. These Addendum changes also deal with the.
various points brought up by EPA in its unofficial review of our
proposed Plan. The only other change to the adopted Plan, in
addition to Addendums A, B, and C, is the deletion of Section V
of the Grass Seed Field Burning Compliance Schedule. Further
action on that particular section will be taken at the next
regular Commission meeting. We believe, therefore, that the
Plan as amended by these changes is "approvable".
We realize that as official review of the Plan gets
underway, many other points may come up that may require further
improvet.icn1. and modification Co the Plan, and we certainly intend
to proceed with such further development of the Plan as necessary
during the following four month "review pericd" and (.hereafter.
Certainly we cannot expect a comprehensive Plan for statewide air
pollution concrol to .remain stagnant. As we all move iorwaiJ in
our air polluiiv-n cuncrol activities, new ki'owl edi;e and I jcSr.ieloc.y
v;i 1 1 become available.
with Region X d \irim; this four monch
Wo do look forward, therefore", to vork Ln>\
ero
in further improving and rvdi fy i;i;; our 1'i an and on;-
eyon
as
-------
Mr. James Agco -_2 - ' January 31, 1972
might prove necessary, since we simply linvc not hnd the time we
would like to fully consider all possible improvements that could
be made.
There is one major area in the Plan that does need
further development in the immediate future, that is the control
strategy for sulfur dioxide. As you know, we hru'e two major sources
of sulfur dioxide .-\nd it is our intent to proceed directly with
development of schedules for compliance with Air Quality Standards
as the final part of our control strategy for control of sulfur
dioxide. Due to the time limitations in developing the various
portions of the Plan through the public hearing process, the
.Commission has been unable to take formal action on compliance
schedules for these two companies.
However, we have developed preliminary schedules for
those two companies, as attached to this letter. It is now our
intent to develop these preliminary schedules into firm, detailed
schedules for compliance to be formally adopted by the Commission
at its next meeting and submitted to_you as part of our Plan.
The next Commission Meeting date has not been set, but we will
have these to you well before the next four month ''review period"
is over.
The J. R. Simplot Compliance Schedule vill be decide J
to meet primary air quality standards by July} 1972, and secondary
air quality standards by 1975.
The Bunker Hill Compliance Schedule will be designed
to meet primary air quality standards by 1975. We bclievf? a^ailrble
technology is not presently available to reduce CIM s 5, ions sufficiency
to meet the secondary standards by 1975. Accordingly, we request
an eighteen month extension for attainment of secondary sulfur
dioxide ambient air quality standards in the Kellogg area, according
to provisions of Section 420.31 of the August 14, 1971, Federal
Register.
On behalf of the Air Pollution Control Commission 1
wish to express our sincere thanks to Region X for fha excellent
cooperation and assistance we have received in developing our p1. na
and in carrying out all other aspects of our Air Pollution Control
program. Your staff has made every effort to give u<* proper direction
in meeting the various guidelines and requirements established by
EPA, and we feel that this has allowed the i'lan as new submitted
to be one which is'specifically tailored to the unique- needs of
our state and also complies with the Clean Air Act, r.s amended.
Sincerely, /" /
f j » ^ /
» i r . / . ' "' ' ' S
Alfred ,J. I-:i'.yar;;; /
Adi:iini :x,!: r.iL i Vn in I" I'cL'.-i'
Air i'ol I lit. i (%i'.' ('Dncr/1!' i'i.i:i:nL:. z I on
-------
CECIL O ANonuS
GOVCDNOA
STATE OF IDAHO
ornce or TMC oovervMOn
BOISE
January 31, 1972
Mr. Willietm D. Ruckelshaus
Environmental Protection Agencv
1129 20th Street N.W.
Washington, D. C. 20013
Dear Mr. Ruckelshaus:
In accordance with the Federal Clean Air
Act, Section 110-A1 as armended the State
of Idaho Submits five cooies of its Air
Qualitv Tnnlenientaticn Plan. This olan
was adopted by the Idaho State Air Pollu-
tion Control Commission on January 31, 1972
We also wish
Region X for
consultation
this plan.
to thank the personnel of EPA
their invaluable guidanr-o,
and cooperation in developing
JTCIL D. ANDRUS
GOVERNOR
mj
Enclosures
-------
STATE OF IDAHO
OFFICF Or -Tuft CiOVKUMOl*
CECIL D ANDRUS BOISE
GOVERNOR
March 2,1.972
Mr. James L. Agee
Regional Administrator
Environmental Protection Agency
Office of Air Programs
1200 6th Avenue
Seattle, Washington 98101
Dear Mr. Agee:
In accordance with SEC. 114 (b)(1) of the Federal Clean
Air Act, and with the information included in your
February 16, 1972 letter to the Chairman of the Idaho
Air Pollution Control Commission, we request that the
Administrator of EPA delegate his authority under SEC.
114 "INSPECTIONS, MONITORING, AND ENTRY" to the Idaho
Air Pollution Control Commission. This requested author-
ity will be used by the Commission in carrying out the
requirements of the Act a^ outlined in the Code of Federal
Regulations (40 CFR 51.19), "SOURCE SURVEILLANCE." The
procedures to be followed by the Commission in carrying
out these requirements are set forth in detail in Chapter
X, SOURCE SURVEILLANCE, of the Idaho Air Quality Imple-
mentation Plan.
Certainly the function of Courcc Surveillance, including
"inspections, monitoring and entry," is a necessary ac-
tivity of an air pollution control agency. We intend to
carry out this function not only to satisfy the require-
ments of the Federal Clean Air Act, but also to insure
the effective implementation of policy established by the
Air Pollution Control Commission. Should you have any
further questions concerning the procedures to be used in
our carrying out this authority, please do not hesitate
to contact the Commission.
-------
Mr. James L. Agee
Page 2
March 2, 1972
Thank you for this consideration,
D. ANDRUS
GOVERNOR
cc: Mr. Robert L. Montgomery, Chairman
Air Pollution Control Commission
Mr. Kent Taylor, Assistant Attorney General
Office of General Counsel
Assistant General Counsel for Air Quality
and Radiation
Room 17B-41, 5600 Fishers Lane
Rockville, Maryland 20852
-------
May 5, 1972
Mr. James Agce, Regional Administrator
Environmental Protection Agency
Region X
200 Sixth Avcauc, M/S 509
fSeattle, Washington 93101
Dear Jim:
-We are advising you, as agent for the Administrator of the Environmen-
tal Protection Agency, of our action in connection with the Idaho Air
,-Quality Implementation Plan which is currently under your review. We
'wish to make modifications to our Plan in three major areas as follows:
y
(1) In accordance with Section 420.31 of the August, 1971
Federal Register, we request au oighteou month exten-
sion for aubmittal of that portion of the Flan that
implcaents the Secondary Standard for partlculate
natter iu all Air Quality Control Regions in Idaho.
The reasons for this request are covered in the Con-
trol Strategy Chapter of the Implementation Plan. We
fully intend to pursue tha control strategy therein
sot forth, within the limits of our resources.
(2) In accordance with Paragraph 51.10(3) of the Federal
Register, Volume 36, No. 228, we will provide for
public availability of ewiaoion data during regular
office hours at the offices of the Air Pollution Con-
trol Agency in Boise. We wish to point out that the
Availability of such data will be provided in accord-
ance with Section 11 of Ilouse Bill 610 which will be-
come law on July 1, 1972.
(3) Ve have had excellent working relationships with the
Washington State Department of Ecology and we certainly
intend that this shall continue. However, our staff is
now working with that agency in establishing a formal
mechanism for Interstate cooperation which will satisfy
the requirements under the applicable Federal Register
regulations.
-------
'Mr. Jaaea Agee 2 May 5, 1972
We recognize that air pollution control at the state and faderal
lavol la a rapidly evolving field and that we will be making further
changes in our Implementation Plan as our program developa. Evan
at the present time we are considering changes in addition to the
three above in response to dlscussione with your staff, but we have
simply not had sufficient tlae to take action on then. We will be
in contact with you aa we proceed on these matters*
Sincerely,
CECIL D. ANDRUS
GOVERNOR
rb
Occi Al Eiguren
-------
07/27/72
-------
June 8, 1972
Leonard A. Miller
Program Planning Branch
Division of Air & Water Programs
EPA, Region X
1200 Sixth Avenue
Seattle, Washington 98101
Dear Mr. Miller:
ATTN: Jerry Perkinson
Attached are copies of Addenda D and E, incorporating
changes to our Implementation Plan, as adopted by the Air Pollution
Control Commission at its meeting on June 2nd. We are now taking
action to formally submit these changes to you through the office of
Governor Andrus.
It is our intention to now reprint a limited number
of copies of an updated version of Idaho's Implementation Plan. We
will forward copies to you as soon as they are printed.
Sine
c
AJE/lr
Attachments
Al
Administrative Director
Air Pollution Control Commission
Statehouse, Boise, Idaho 83707
-------
APPENDIX D j-
. '
AGRICULTURAL BURNING - A DEFINITION OF THE PROBLEM
There currently seems to bs son-.a conjecture about 'the magnitude of
the contribution of agricultural burning to air pollution in the State of Idaho.
The current emissions inventory, for example, given emission estimates from
slash, grass seed, and potato vine burning but the assumptions and methodology
used to develop these values have rtc- yet not been disclosed. This memo attempts
Co bring together all available information in order to beet est?'TKitf f:li« level
of emissions from ' v
i
grass seed burning ,
slash burning, and \. , '
potato vine; burning
in the State. There are miscellaneous forms of agricultural burning practiced
in Idaho sucli as stubble field and weed'burning. Little data is currently
available concerning these activities-but as much information as is available
will be presented.
Table 1 summarizes the esti.auted emissions from agricultural burn-
ing activities. The derivations of those figures are presented belov.
I. Grass seed burning,:
The most authoritative estimate, on the number of acres of grass seed
burned in Idaho in 1970 is approximately 15,000. f-"-) Almost all of thir. acreage
is in region 62: about 12,000 in Rootenai County, and the remainder primarily
in Nez Perce County.
Another reference (2) indicates that approximately 1.25 tons of straw
are burned per acre and Dr. R. W. Boubel of Oregon State University estimates
that particulate emissions from grass seed burning approximate 15 Ibs./ton
burred. Utilizing these values, the total particulate emissions from grass
seed burning are estimated as:
15,000 acres . 1.25 tons straw . 15 Ibs. part . ton = 140 tons
acre ton straw 2000" Ib.
This total is about 12 of the particulate emissions reported
for region 62.
*
Ref 13 esti.r^ates that 2-5 tons 01' straw arc burned per acre.
D-l
V
\
-------
TABLE 1
Estimated Particulate Emissions free Asricultural
Burning Activities (tons/veer)
Source
Air Dualicy Control Regions
Grass Seed Durning
Slash Burning
Potato Vine
Burning
Kiacellaneouo
Burning
61
0
405
190-240
34
62
140
7,515
negligible
10
0
14,580
*
negligible
53
0
0
negligible
143
State
140
22,500
190-240
240
-------
II. Slash burning a |
t
Table 2 summarizes the acreage of slash burned in Idaho. This
table shows that in 1970, approximately 53,000 acras of slash were burned
in the State. :'
(-i\ >
The Oregon State Forestry Department v ' reports that in National
Forests in Washington anu Oregon about 57,000 acres of slash arc: created annually
from patch cut harvesting. An additional 400,000 acres are created annually in
partial cut stands. The following volumes of slash are produced per acre from
these operations:
/
50 - 300 tons/acre - patch cut harvesting *.- l
2 - 150 tons/acre - partial cut stands
. i *
Assuming that timber operations in Idaho are similar to those in
Washington and Oregon, it can be expected that slash production will range from
2 - 300 tons/acre with a weighted average value of:
57,000 . (175) + 40p_^000 . (76) = 22 -f- 66 - 88 tons/acre
457,000 457,000 ' = 90 tons/acre
Two studies recently completed in Montana indicate that slash ranged
from 50 - 150 tons per acre with an average of abouf 100 tons/ar-.re. ^"' This
average is in agreement with 90 tons/acre figure developed above.
It should be noted that there is a significant difference between the
quantity of slash created per acre and the amount burned. It is estimated that
about 50% of the slash is consumed by fire which results in about 50 tons of
slash per acre, burned.
Little information is available o"n the amount of particulate emissions
from slash burning. McGraw and Duprcy^' indicated a value of 17 Ib.s. of
particulatcs per ton of wood burned. Using this value as well as 50 tons of
slash per acre and the total acres burned in the State as shown in Table 1,
tota] annual particulate emissions in Idaho from slash burning approximates:
17 Ibs. part . 5_0__tons slash . 53,000 acres ton = 22,500 tons
T on slash acre year'' 2000 Ib.
From Table 1 it appears that the distribution of the total over the
four AQCR's is estimated at
Rer.lon Percent
61
62
63
64
1.8
33.4
64.8
0
D-3
-------
Summary
of
Table. 2 ^
Slash Burning
Acres Treated
Or jyi in' 7. .-iff. on ]
State of Idaho )
Private Forest Lands)
Bureau of Land Mj>t.
National Forest Service
Boiiie Nat. Forest /i
Cache
Caribou
Cha.llis
Payettc 4
Salmon
Sawtooth
Targhec 5
Nez Perce )
Clearvater )
St. Joe ) 18
Cocur d'Alene)
Kaniksu )
968
NA
NA
, O/i 1
0
53
293
,675
545
819
,063
1969
NA
NA
3,850
0
41
374
5,543
243
233
4,403
i"
,4,5 and 6)
Acreage in Idaho
6
by Burning Air
'
Qual
JS70 Cnnfrol
24,297 62
, 63
3,750 .f 6?
e
1,629 « ' 63
0 ' 61
53 61
115 63
(61)
2,730° 63
. 459 63
142 63
(61)
880 61
63
63
,000
14,000
19,000 62
62
63
Total
53,055
NA = Not Available
-------
III. Potato vine burning - * j
» i
The USDA 01) has reported that in 1970, 327,000 acres of potatoes
were harvested. Communications with county agricultural extension agents
have indicated that 20,000 - 25,000 acres in Bingham, Power and Bannock CountiM
(Region 61) were burned in 1970 and IAPCC feels that only minor burning occurs it
other counties.
Again, little data is available on tons of vines burned and emissions
per ton burned. Assuming the same values as those for grass seed burning (1.25
tons burned/acre and 15 Ibs. of particulates per ton), an estimated annual rang*
for total particulate emissions from potato vine burning is: f t
(20,000 - 35,000) acres . 1.25 tons. 15 Ibs. part. . ton «» 190 - 240
yr. acre ton 2000 Ib. ' tons/year
This range may well be higher than actually experienced because it
is felt that the tonnage of vines per acre is well below that for grass seed
burning.(12J
IV. Miscellaneous burning
v
Miscellaneous agricultural burning in Idaho Includes:
stubble burning
weed burning
ditch banks
Information from county agricultural extension agents in 1968 indicated
that approximately 26,000 acres of such burning occurred. This total was dis-
tributed among the Air Quality Control Regions as follows.
Region . Percentage Total
61
62
63
64
14Z
4%
60Z
22%
3,500
1,000
15,500
5,500
Assuming the same values utilized for estimating emissions from grass
seed burning, statewide particulate emissions from-miscellaneous burning may
approximate:
15 Ib. part. . 1.25 tons . 26,000 acres . ton___ 240 tons
ton acre year 2000 Ib.
D-5
-------
REFERENCES t"
!
). Letter from Donald Jacklln, Jacklin Feed Co., Inc., to,,Al Eigurcn,
July 19, 1971 i
/
2. Environment: and The Grass Seed Industry, Intermountain Grass Growers
Association, August 1, 1970. «
3. Letter from John Crumb, Division Chief, Forest Fire Protection, to
Al Eiguren, July 8, 1971.
4. BLM Facts, Idaho 1969-397.0, U. S. Department of Interior, Bureau of Laud
Management
5. Letter from Mr. S. L. Cuskelly, Assistant Regional Forester, Division of
Soil and Water Managemsnt, USDA, Forest Service, to Murray Minhnel,
July 3. 1971.
* . «
f i
6. Personal Communication with Mr. John Crupper, Branch Chief, Air end
Watershed Management, Division of Soil, Air and Watershed Management,
USDA Forest Service, September 22,,1971.
7. Slash Disposal Information Sheet, Oregon State Forestry Department,
Sales, Oregon. ' .
8. Minutes of the Idaho-Washington Field Burning Committee, March 19, 1969.
9. Osterli, Victor P., Magnitude of the Cellulosic Waste Problem In The
Western States, presented at the Western Experiment Station Collaborators
Conference on Disposal of Cellulosic Agricultural Residues, USDA Western
Regional Research Lab, Albany, California, March 16-18, 1971.
10. Research Relating to Agricultural Field Burning, Oregon State University,
Corvallis, Oregon, February, 1971.
11. Idaho Annual Crop Sumnary - 1970, USDA, Statistical Reporting'Service,
Boise, Idaho.
12. Personal Communications with Mr. Jay Garner, Agricultural Extension
Service, Bingham County, Idaho, September 22, 1971.
13. Report of a Public Hearing oa Field Burning, Oregon Department of
Environmental Quality, April 23, 1970.
D-6
-------
APPENDIX E
...»
DUSTS FROM AGRICULTURAL RELATED ACTIVITIES
-------
APPENDIX E ,« !
i
I
DUSTS FROM AGRICULTURAL REIATED ACTIVITIES
From Information obtained during meetings v?ith the Idaho Spil
,
Conservation Commission and the U.S.7). A. Soil Conservation Service,
agricultural dusts result from the following activities; ' '
1. Wind erosion ,
2. Tilling operations
3. Harvesting operation*)
4. Agricultural burning of crop reoidue rnnteri«lo
.5. Farm and foreot roads
There is general agreement that items ?. end 3 above are relatively
minor contributoro to suspended particulate crcicsiono relative to
itcmo 1, 4, and 5. Lr.rge "duot clouds" arc quite cotimon during tilling
and harvesting operations. However, general concensus wr.a that these .
dusts settle out over a relatively cnuil-1 area, and ere not carried for
great distances.
Items 4 and 5 vill be covered in a later memorandum. The follow-
ing discussion will, therefore, be ptrictly related to wind erosion.
»*
I. WIND EROSION
Wind erosion can itself be clacsified into tvo areas:
* Wind erosion of barren, uncultivated land
* Wind erosion of cultivated or farmed land
E-i
-------
A. Wind Erosion of Barren Uncultivated Land :
V/ind erosion of uncultivated or barren land is a problem
has been with Idaho since; its inception. In fact, soil in
southern Idaho and in 'much of the remainder of the state is "loess"
soil, or soil v:hich has been deposited by the wind. Attempts to
control this problem could only be practical in conjunction vitrh
other objectives such as the irrigation of barren land for".farm
use. However, the decision to irrigafe in controlled primarily.by
.\* t
economic parameters nnrl not by the dust problems which result: from
wind erosion. So, at this time, there seems to be little that can
be done to prevent wind erosion of barren uncultivated land. Result
ing pnrticulate emissions would tllon have to be considex-ed as part
of the background level. Currently no quantitative dita were found
to define thia background contribution.
B. Wind Erosion of Cultivated or Farmed Land
Although wine! erosion of cultivated land occurs throughout
the fanning areas of Idaho, the problem is most acute in aroas where
rainfall is inadequate for annual'cropping (i.e. < 16 inches per
year).
In these areas, the land is dry and therefore susceptible
to wind erosion. In addition, the lack of moisture necessitates the
practice of fallowing where much of the land remains uncovered.
There are several realistic approaches which could be util-
ized to combat wind erosion. These will be suronrized below:
Annual Cropping - Where annual rainfall exceeds 16
inches, annual cropping is realistic. This allows for
maximum vegetative land cover.
Planting of a Fall Crop - Planting a crop in the fall
will allow for vegetative cover in the spring.
E-2
-------
It is proposed, therefore, that the future activities of the Air
Pollution Control Commission Stcff include nn educational program in
conjunct5.on with the existing soil conservation districts. Such a
program, would relate to the farmers the effects of uind eronion on
ambient air quality and encourage the utilization of technique.'] such
as described above to help alleviate this problem.
A similar approach, through existing agencies, toward control of
wide-scale open burning as it is practiced in agricultural and forestry
activities would appear to be a logical approach in dealing with those
t
problems also.
E-4
-------
10/23/73
-------
May 26, 1972
Mr. Robert Burd
EPA - Region X
1200 Sixth Avenue, M/S 437
Seattle, Washington 98101
Dear Mr. Burd:
We wish to respond to your letter of April 28, 1972 and to the
review document that was attached. We would like to cover your suggestions
on a point by point basis, outlining for you our thinking and the action we
are taking on each point.
We agree with you that most suggestions will make the Plan more
explicit and will represent an overall improvement. We intend to adopt these
in an "Addendum D" document at our June 2nd meeting, similar to the procedure
we have used in adopting earlier Addendums. We have refrained from making
changes where we felt them to be unnecessary, but we will point out those
portions of the Plan that we feel cover the points raised in your review.
"EASILY REMEDIED ITEMS"
1. Addition of a copy of any advertisement for the Public Hearing
which was issued by the State prior to the hearing (51.4(d)).
Copies of advertisement of hearing in major Idaho newspapers
are attached.
2. Addition of specific assurances that national primary and
secondary air quality standards will be achieved by 1975 (51.10(b) and
51.10(c)). Achievement of most of the standards by 1975 is implied through-
out the Plan, but is never specifically stated.
We believe that necessary assurances are included as follows:
a. Page 1-1, first paragraph. We clearly indicate that
our Plan is "designed to reduce levels of air pollu-
tion by 1975 to or below the primary and secondary
standards of air quality specified by the Federal
Environmental Protection Agency (EPA)."
b. Page V-l, first paragraph. "Major sources are required
to submit schedules which show periodic increments of
Statehouse, Boise. Idaho 83707
-------
Mr. Robert Burd -2- May 26, 1972
progress toward compliance by 1975 with the require-
ments of the Control Strategies."
c. Compliance Schedules included in Chapter 5 and recently
submitted tar you provide for stagewise, incremental
progress leading to compliance by 1975 with the
national standards.
We believe that this is all the assurance that we can
in good conscience give. We are performing to the best of our
ability all the basic requirements assigned to us as part of a
national program for air pollution control. We believe that
any more positive assurances might tend to mislead the public
because of the assumptions necessarily made in developing the Plan.
3. Addition of a breakdown of the emissions inventory by county
We are working on this and will have it for you as soon
as possible.
A. Explanation of the differences between numbers in the emissions
inventory and emissions numbers contained in appendices (51.13).
We are also working on this and will have it for you as
soon as possible.
5. Specification of complete Appendix H information for sulfur
oxides ambient air quality data (51.13(g)).
Included in Addendum D as attached.
6. Development and submission of emission reduction quidelines
similar to Appendix L of the August 14, 1971, Federal Register. The Plan
already contains guidelines for reducing emissions from open burning and fuel
combustion sources but does not contain guidelines for the reduction of
emissions from most industrial process sources.
Included in Addendum D.
7. Addition of criteria for emergency episodes for carbon monox-
ide in the Eastern Washington-Northern Idaho Air Quality Control Region
(51.16(b)).
Included in Addendum D. To be consistent, we are using
the same criteria as the State of Washington.
8. Addition of a specification that the emergency episode part
of the air quality surveillance network will be in operation within one year
from the date of the Administrator's approval of the Plan (51.17(c)).
Included in Addendum D.
-------
Mr. Robert Burd -3- May 26, 1972
9. Specification of the date by which the following programs
will be operational: (a) inspection and testing (51.19(b)) and (b) procedures
for detecting violations of rules and regulations and for investigating com-
plaints (51.19(c)).
Included in Addendum D.
10. Specification of the frequency of periodic testing and
inspection of stationary sources (51.19(b)).
Included in Addendum D.
11. Addition of descriptions of source sampling methods and
procedures which will be used in determining compliance with emission regu-
lations.
Included In Addendum D.
12. Addition of assurances of intergovernmental cooperation
between the states of Washington and Idaho (51.21(c)).
This has already been done through a letter to Mr. Agee
from Governor Andrus. Also, copies of an exchange of letters
between the Washington Agency and ourselves outlining the
procedures have been forwarded to you.
"ITEMS WHICH MAY REQUIRE MORE EFFORT TO REMEDY"
1. Submission of a request for an 18 month extension to develop
and submit a plan to attain secondary national ambient air quality standards
for particulate matter in all Air Quality Control Regions (51.31).
This has already been done through a letter to Mr. Agee
from Governor Andrus.
2. Development of a control strategy adequate to attain national
ambient air quality standards for sulfur oxides in the Eastern Washington-
Northern Idaho and Eastern Idaho Air Quality Control Regions (51.13).
We believe that this has already been done through the
Control Strategy of the Implementation Plan and the Compliance
Schedules for SC^ sources that we have adopted and forwarded
to you.
3. Development of legally enforceable compliance schedules to
enforce the sulfur oxides control strategy (51.15).
Letters from myself and Mr. Montgomery to Mr. Agee have
been forwarded to you on this topic. These letters describe
our position on this matter.
-------
Mr. Robert Burd -«- May 26, 1972
4. Addition of a broader definition of "modification" of a
source
(51.18(a)).
We have not proposed new definitions for "New Source,
Modified Source, Existing Source" for the following reasons:
a. Such changes would certainly be substantial in that they
may significantly affect all existing sources in the State.
We could not make such changes without another public
hearing.
b. We went through this problem of adequately and clearly
defining these applicable terms back in 1970. We had
at least two hearings where this problem was well brought
out (complete transcript of the 1970 hearings was sub-
mitted as part of our Plan). The final definitions
established are now contained in the Finn, and we hesi-
tate to reopen this argument once again.
c. We feel that any definition we arrive at for "Modified
Source" will be subject to interpretation. This is well
illustrated in the Standards of Performance for New
Stationary Sources, where specific provisions are given
for EPA "Determination of Construction or Modification"
in each individual case.
d. We believe that the purpose of a "broader definition of
'Modification' of a Source" is covered by the following:
(1) Existing provisions. The existing definition of
"New Source" indicates very clearly that an addition
to a plant resulting in more than a 25 percent in-
crease in tot~l production is considered a "New
Source. "
A lesser modification will be considered within
the Compliance Schedule for a given source. The
Control Strategy describes the emission reduction
necessary within each Region to achieve the National
Air Quality Standards. Any modification to a source
will have to be considered in light of the total plant
reduction needed to meet and maintain the Standards.
Such modification, therefore, would not be approvable
as part of a Compliance Schedule if it violates the
requirements of the Control Strategies.
There is another existing provision that fulfills
the purpose of an expanded definition of "modification."
Section 10 C of part A. General Provisions, on page 16,
of the Rules and Regulations provides that more restric-
tive emission limits may be required of all sources if
the "ambient air quality standards are being exceeded
or might reasonably be expected to be exceeded "
-------
Mr. Robert Burd -5- May 26, 1972
(2) Future Action. Section 111, Section (c)(l) Federal
Clean Air Act, provides that a State may be delegated
authority to administer Standards of Performance for
New Stationary Sources." We intend to request such
authority in the near future. Accordingly, since
"modification" is defined within that Section, we
will use that definition wherever applicable in the
future. Of course, as EPA develops such Standards
of Performance for more and more sources, we will
depend more on this procedure and less on the exist-
ing provisions of the Plan as described above.
In summary, we believe that the procedures outlined above
take care of any need for an expanded definition of "modified
source." The problems involved in making further changes,
through the hearing process, would not be justified.
5. Addition of a regulation providing thnt the owner or operator
of a new or modified source is responsible to comply with applicable portions
of the control strategy (51.18(d)).
To add the regulation suggested here would require that we
go through the hearing process once again. We believe the
following areas of the Plan and the Rules and Regulations
sufficiently cover this point.
a. Rules and Regulations. A. General Provisions, Section 8,
page VII-15.
TOTAL COMPLIANCE
"Where more than one ambient air quality standard or
emission standard may apply to a particular situation,
all such standards must be met for total compliance,
unless otherwise provided for in these rules and regu-
lations."
b. Page XI-3, APPROVAL PROCEDURES FOR NEW AND MODIFIED SOURCES
"The equipment, as designed or modified, will not
cause violation of any applicable ambient air quality
standard or cause degradation in violation of the Act."
6. Addition of legally enforceable procedures for requiring
owners or operators of stationary sources to maintain records of, and periodic-
ally report to the State information on, the nature and amount of emissions
from such stationary sources and/or such other information as may be necessary
to enable the State to determine whether such sources are in compliance with
applicable portions of the control strategy (51.19(a)).
We believe this point is already covered as follows:
a. Rules and Regulations. A. General Provisions, Section 4
Reporting, pages 10, 11.
-------
Mr. Robert Burd -6- May 26> 1972
b. Chapter X of Implementation Plan, Source Surveillance.
c. House Bill 610 effective July 1, 1972, (provides con-
tinuation of authority for reporting requirements).
Clearly the authority for such procedures exists, and
a general procedure is outlined in Section 10. We intend
to work out a specific procedure with each individual
source or category of sources as the Plan is carried out.
We intend to do this on an individual basis in so far as
possible, following the general guidelines of Chapter 10,
as amended in the attached Addendum D. To establish at
this time a more rigid procedure for general application
would be cumbersome in view of the diverse nature of
sources within the State. More specific procedures,
developed individually or by category, will be used to
furnish necessary information to you in our Semi-annual
and Quarterly Reports.
7. Addition of procedures which provide for public availability
of emission data reported by source owners or operators or otherwise obtained
by a State or local agency and correlated with applicable emission limitations
or other measures (51.10(e)).
This has already been done through a letter to Mr. Agee
from Governor Andrus.
In summary, we believe that the addition of Addendum D to the
Plan, together with the existing provisions pointed out above, sufficiently
cover the points raised in your review. We expect to discuss all provisions of
the Implementation Plan at greater length with you in the near future, in
addition to any other points that might be raised in the May 31 Federal
Register.
We appreciate the input from Region X in the entire development
of our Plan and in the Review discussed above. Our continued coordination
with you during these final stages of Plan development is most important, and
we will be in close contact with the Region X staff as our agency undergoes
the transition from the Air Pollution Control Commission to the new Department
of Environmental Protection and Health.
Sincerel
fligutin
Administrative/Director
Air Pollution Control Commission
AJE/lr
Enclosures : Proof of Publication of Hearing Notice
Governor Andrus letter to Mr. Agee, dated May 5, 1972
Montgomery letter to Mr. Agee, dated May 12, 1972
Eiguren letter to Mr. Agee, dated May 18, 1972
Addendum D
-------
May 5. 1972
Mr. Janes Agce, Regional Administrator
Environmental Protection Agency
Region X
Sixth Avcauc, M/S 509
[Seattle. Washington 93101
I
Dear Jim;
iU;
x-We are advising you, as agent for the Administrator of the Environmen-
tal Protection Agency, of our action in connection with the Idaho Air
^-Quality Implementation Plan which is currently under your review. We
^ to make modifications to our Plan in three major areas as follows:
(1) In accordance with Section 420.31 of the August, 1971
Federal Register, wa request au cighteau month exten-
sion for aubaittal of tuat portion of the Plan that
inplcaonta the Secondary Standard for partlculate
matter in all Air Quality Control Regions in Idaho.
The reasons for this request are covered in the Con-
trol Strategy Chapter of the Implementation Plan. We
fully intend to pursue thu control strategy therein
sot forth, within Che limits of our resources.
(2) In accordance with Paragraph 51.10(3) of the Federal
Register, Volume 36, No. 228, we will provide for
public availability of emission data during regular
office hours at the offices of the Air Pollution Con-
trol Agency in Boise. We wish to point out that the
Availability of such data will bo provided in accord-
ance with Section 11 of House Bill 610 which will be-
come law on July 1, 1972.
(3) Wa have had excellent working relationships with the
Washington State Department of Ecology and wo certainly
intend that this shall continue. Howover, our staff is
now working with that agency in establishing a formal
mechanism for interstate cooperation which will satisfy
the requirements under the applicable Federal Register
regulations.
-------
Mr. Jaaofl Ageo 2 May 5, 1972
Ve recognize that air pollution control at the state and federal
level Is a rapidly evolving field and that we will be making further
changes in our Implementation Plan aa our program develops. Evan
at the present time we are considering changes in addition to the
three above in response to discussions with your staff, but we have
alnply not had sufficient time to take action on them. We will be
in contact vlth you as we proceed on these matters*
Sincerely,
CECIL D. ANDRUS
GOVERNOR
rb
Al Eiguren
-------
J£NV.RONivlENTAL
IMPROVEMENT
K87 12. 1972
Kr. Joroa Ageo
12CO Sixth Avosna M/A 303
Saoetle. tt2aal«e«oa S3 101
Doer Mr. Ageot
ou* o&Ria&attra«iTO director. Nr. Al Ei^urcn etoA cnywalf, not
wieh Tour rap?eaaatu»«ir9a Troo Raaloo X relative Co Idcho'a Inplcnen-
p^an. In ehie cssoclns TCSW peoylo goincenl cue ssvtnral iframa
(ho? f«le ochcold bo ecsroctusd bftfaro cor p^ea vao «ulxaittod for
TCQ cnrofially zevlcnrad all of those at cho ecn£aroace.
etxra ablo Da r«cosssAla oil of cos dlffflsroocoa ccd tt» objocclooa
ard raiead vi«h eha exsoptlon of cue poise and that hao to do
vrl<£b cvs epba *«ra eo?icovnad with tho proc^Ktuva vo v«v« uaing and vhich
is ooJiiin&d In ecz Is^&aaccCatloa plan. 12 10 Chair concoction this
£ not a loyally onforc«S£>lo decrrlna ciad tbay felt ttuit according to
tiro P«Oor«l r^oaJUttioas «sta? proc««Ju3« did not canoply.
Wo «ro cx^nisao* of Tfccr eoacam In tola astCcr end, of couroo, we
roalisa tb« ca^UBjm>»o «fal«^ you pat 2or£h conc«rnlag tho legality of
this rocsica ar« valid. However, oer cnaniaaion has given Iocs and
eivvioua eonaidozstioa to the pycsraoi «hi«h wo «re fsjllowing in
regard «o fct&aae ooapliooo* eebe&alco ead feal citat ovor the Tear*
«o hero tSavaicpod' o vsr/ affoctive plan for io^laasncias air pollution
Swrogrcoa in oar o£cca. U* fenl chat tbroos11 eise uo« °* owr procodure
wo cro obla eo rcqoiro the cmoyaoica to oork oloaaly with ua and to
pr^tjroea £aaC0r than if «a wwro to hevo a legally blodlcg
nrasnS which voold hov« to b« instituted in each caee.
-------
SCc. Jsrxjfl Agswa
Pajya 2
rtjff U9 1.972
ia no ^troosioa ttwt our low daoiieg srtch esrCcicocscc of
in ^alid esd ch«t wa bowe tho euttwrlty to enforce our
in t$w> esm e£ vlcle«i«oa. !Ra«re£0ro, tha only cM.ng that
in tsslas war fora e£ ccnjjilaEC* st?!b«kjl«o la
cltro in £E» c«c* CJaca ecoo of ths eccdlttlcna c»ra no£ csot. Wo
c£acs e&» cdsreajtason dust « hosxc cedes our CTS^XRS £ar
e£ cwt: having o strictly Icjaliy cuTcrcea
Coder oosr ?tUra oo ?eal 90 can £pc cnro coc^OTacion from th«
12 e!t97 hsd co Ccflnilcly cx:,-ulc eo a ccc^SalnS fiyacca ccd
bafcro finrwr pwtftins « pvqspMna Infto
Cirr ccrssleQian £MO ^Ivea cccal&araeioa to tba cvQiaxsata your
ood AfSaar a Im^ <$&0ot«aloa Coal cltot vo c&zsld contlnsa
on? pgoggan tito vsy it la oca oet t^> fiw3 no£ cSuzs^a on thia
VJb wrul40 thtBrsKfcvo , Ifl&o yocr ponp^o to givo
Co cwr pcosgjwo /ntd to mwSoroesnd our reoonn-
this
Chcirvacn
-------
May IS, 197;
Mr. James Agee
Regional Administrator
EPA, Region X
1200 Sixth Avenue M/S 509
Seattle, Washington 98101
Dear Mr. Agee:
We arc v«ry concerned about your evaluation of the procedure
we use in developing compliance schedules with raj J or air pollution sources.
We have been successful in negotiating agreements for compliance schedule**
from air pollution sources in the pnat using th« procedure uheroby tha
staff works with the conmany and comes up with a workable agreement to
present to the Commit sion for approval. The Commission them officinlly
adopts this schedule, incorporating any necessary changes , and 1t 300^
on record as .1 vxorking agreement between the control agency and the cora-
pany. If .it any time during th« period covered by the schedule ve find
that a company is not keeping its commitments , we can then file a com-
plaint and initiate the administrative and enforcement procedures nrovided
by law. In this sense, it would seem that our schedules are "legally
enforceable." We believe this procedure can continue to be effectively
used by the Idaho Department of Environmental Protection and Health aftar
July 1.
Your office has suRg'iflted that we carry this procedure a step
further .-md actually initiate lagal proceedings against all sources for
which we establish a compliance schedule. The companies with whom we will
be negotiating new conrpliance schedules under the provisions of our
Implementation Plan are not going to be receptive to the idea of admitting
to a violation, waiving a. hearing' and entering into a consent decree. It
nay be true that this will allow somewhat faster action in those few cases
where commitments are not met. However, we may actually incur a net loss
in our control efforts since all sources are going to be much less willing
to work with us under th««e conditions and the commitments we do get will
be less extensive than what wo might get otherwise.
Also, this will place an additional burdan on our agency,
since we must have extensive facts and evidence together at the time a
complaint is filed. For us to put all these facts and evidence together
-------
Mr. James Agee -2- May 18, 1972
tot each compliance schedule wa develop would bo impossible, in view of
limited monitoring equipment, manpower, and other rasources. Even if the
necessary resources were available, it would seem a misdirection of their
use to prepare what might be a legal case on every company we daal with.
Even at beat, our legal exp«neea would soar under our currently available
lugal procedure.
According to paragraph 51.15 Compliance Schedules of fV.dern.1
Register, Volume 36, No. 223, the states must furnish compliance schedules
for "stationary (antl mobile) sources or categories of such sources....no
later than the prescribed data for submittal of the first semiannual report."
My understanding is that this date could be ao oarly as next February. In
my opinion, wo simply could not coot that requirement unless we continue to
use the same procedure we have found to be effective and adcquaoe up to now.
We ask that you give consideration to thcsu factors described
above before arriving at a firn position on what specific procedure is needed
to meet the intent of Paragraph 51.15 Compliance Schedules. Wo believe that
such determination should be made in light of our mutual overall goal to
abate air pollution using the most effective and efficient means At our dis-
posal.
Sincerely,
Alfred J. Klyuren
Administrative Director
Air Pollution Control CommltJalon
AJE/lr
cc: Leonard A. Miller
Kobert S. Burd.
John Magel, Attorney General's Office, Boise
Ilobert L. Montgomery. Chairman, Air Pollution
Control Commission
-------
A D" P -E'-W P U_M_'"'.'P ^
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-------
May 26, 1972
Page 1 of 7
ADDENDUM D
CHANGES IN RESPONSE TO EPA REVIEW
and
SULFUR CONTENT IN FUEL REGULATION
SPECIFICATION OF COMPLETE APPENDIX H INFORMATION FOR AMBIENT
Chapter ITT
SECTION A (Add)
AMBIENT S02
Location
Kellogg City Hall
Interval
12 mo.'s
Start
Date
7-1-70
End
Date
6-30-71
No. of
Sampl cs
305
24 hr.
Max.
.59 ppm
Annunl
A v cram;
.15 ppm
Stir
Dl!Vi
Chapter IV
Page IV- 7
c. Remaining AQCR' s (063 and 064) - These two regions currently meet
primary and secondary air quality standards for sulfur dioxide. The control
strategy for preventing the exceeding of the secondary standard due to growth
will consist of the new source procedures elsewhere in this Plan and sulfur-
in-fuel limitations effective January, 1973.
Fuel Maximum Sulfur Content (7, by Wt.") 1974
Coal 1.0
Residual Oil 2.5 1.75
Distillate Oil .03-. 05
SOURCE SURVEILLANCE
.Chapter X
Page X-l
A. Change last sentence to the following: (Paragraph A)
Programs for inspection and testing, detecting violations and invtstiga
complaints will be initiated immediately upon approval of the Plan. Operational
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Page 2 of 7
status at a minimum level will be achieved within a year after approval, on a
priority basis. These procedures will be developed and expanded as needed
through anticipated increases in manpower and other resources during future
fiscal periods.
Complete source testing capabilities for major sources by the agency
will not be attained in less than two years after approval of the Plan, although
initial efforts at source testing will begin in Fiscal Year 1973. Full opera-
tional status of a source testing program will be attained as soon as manpower
and other resources allow, but will remain a lesser priority than the other
procedures described in this section.
The source surveillance procedures will consist of:
. (As is)
. (As is)
The periodic testing and inspection of those sources
designated by tne Air Pollution Control Agency shall be
done regularly on an annual basis or more frequently
as deemed necessary,
. (As is)
Page X-5
F. TESTING - Add a third paragraph (F begins on page 4.)
Source testing of individual sources shall be done by those methods
referred to in the agency's "Procedures Manual" for sampling and analysis of air
pollutants or equivalent methods approved by the agency.
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Page 3 of 7
CHAPTER XII EMERGENCY EPISODE PLAN
Section B - Episode Criteria
Criteria for emergency epsiodes for carbon monoxide shall he ncklccl to
table on page XII-4 as follows:
Stage 2 - Alert:
Carbon Monoxide - 15ppm (17 mg/m^), 8 hour average
Stage 3 - Warning
Carbon Monoxide - 30 ppm (34 mg/m3), 8 hour average
Stage 4 - Emergency
Carbon Monoxide - 40ppm (46 mg/m-'), 8 hour average
CHAPTER IX PROPOSED AIR QUALITY SURVEILLANCE NETWORK
Section G - Timetable
Add ..., except that any part of the network which is n part of the
emergency episode surveillance system shall be operational within one year
from the date of the administrator's approval of the Plan.
TABLE XII - 2
EMERGENCY EPISODE ABATEMENT STRATEGIES - GENERAL
The following changes shall be made:
I Title:
A - Strike the word "General"
II Level 2 - Alert:
A - Insert above the four actions to be taken the following:
Part A - General
B - Add the following:
Part B - Source Curtailment
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Page 4 of 7
Emergency Episode Abatement May, 1972
Any person responsible for the operation of any source of air pollutants
listed below shall take the actions listed below during an "alert" except
those sources for which a specific emergency episode procedure has been
approved will take the actions specifi-ed in their emergency episode
procedure.
1. Coal and oil-fired process steam generating facilities.
a. Substantial reduction by utilization of fuels having low ash
and sulfur content.
b. Maximum utilization of mid-day (12 m. to 4 p.m.) atmospheric
turbulence for boiler lancing and soot blowing.
c. Substantial reduction of steam load demands consistent with
continuing plant operations.
2. Manufacturing industries of the following classifications:
Primary Metals Industry
Chemical Industries
Mineral Processing Industries
Paper and Allied Products
Grain Industry
Lumber Industries
Fotxl .'mil AgrLcul tural Industries
a. Substantial reduction of air pollutants from manufacturing
operations by curtailing, postponing, or deferring production
and all operations.
b. Maximum reduction by deferring trade waste disposal operations
which emit solid particles, gas vapors or malodorous substances.
c. Maximum reduction of heat load demands for processing.
d. Maximum utilization of mid-day (12 m. to 4 p.m.) atmospheric
turbulence for boiler lancing or soot blowing.
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Page 5 of 7
Emergency Episode Abatement May, 1972
III Level 3 - Warning
A. Insert above the four .notions to be t.-tkon the following,:
Part A - General
B. Add the following:
Part B - Source Curtailment
Any person responsible for the operation of any source of air pollutants
listed below shall take the actions listed below during a "warning", except
those sources for which n specific emergency episode procedure* h.-is bean
approved shall take the actions specified in their emergency episode procedure.
1. Oil and oil-fired process steam generated facilities.
a. Maximum reduction by utilization of fuels having the lowest
available ash and sulfur content.
b. Maximum utilization of mid-day (12 m. to 4 p.m.) atmospheric
turbulence for boiler lancing and soot blowing.
c. Making ready for use a plan of action to be taken if an
emergency develops.
2. Manufacturing industries including the following classifications:
Chemical Industries
Paper and Allied Products
Primary Metals
Mineral Processing
Grain Handling
Lumber Industries
Food and Agricultural Industries
a. Maximum reduction of air contaminants from manufacturing operations
by ceasing, curtailing, postponing or deferring production and
allied operations to the extent possible without causing injury
to persons or damage to equipment.
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Page 6 of 7
Emergency Episode Abatement May, 1972
b. Maximum reduction by deferring trade waste disposal operations
which emit solid particles, gases, vapors or malodorous sub-
stances.
c. Maximum reduction of heat load demands for processing.
do Maximum utilization of mid-day (12 m. to 4 p.m.) atmospheric
turbulence for boiler lancing or soot blowing.
TV Level 4 - Emergency
A. Insert above the four listed actions the following:
Part A - General
B. Add the following:
Part B - Source Curtailment
Any person responsible for the operation of any source of air pollutants
listed below shall take the actions listed below during an "Emergency" excepl
those sources for which a specific emergency episode procedure has been
approved shall take the actions specified in their emergency episode procedure.
1. Coal and oil-fired process steam generating facilities.
a. Maximum reduction by reducing heat and steam demands to absolute
necessities consistent with preventing equipment damage.
b. Maximum utilization of mid-day (12 m. to 4 p.m.) atmospheric
turbulence for boiler lancing and soot blowing.
2. Manufacturing industries of the following classifications:
Primary Metals Industries
Chemical Industries
Mineral Processing Industries
Grain Industry
Paper and Allied Products
Lumber Industry
Food and Agricultural Industries
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Page 7 of 7
Emergency Episode Abatement May, 1972
a. Elimination of air pollutants from manufacturing operations
be ceasing, curtailing, postponing or deferring production
and allied operations to the extent possible without causing
injury to persons or damage to equipment.
b. Elimination of air pollutants from trade waste disposal
processes which emit solid particles, gases, vapors or
malodorous substances.
c. Maximum reduction of heat load demands for processing.
d. Maximum utilization of mid-day (12 m. to 4 p.m.) atmospheric
turbulence for boiler lancing or soot blowing.
-------
02/25/74
-------
I - , IT
C-TAT-J: or IDAHO «
lFri_t:or rni- C.OVKRMOX ^^. . ^
LCILO ANnHUf. 00 ICC
16, 197:
ilr. Jsiner; L. Ac,'c-o, regional Administrator
U.S. Envlronir.'?nL.a.l Protection Agency
Region X
1200 Gth Avenue
Seattle, V7ashington 98101
"
Dear f'i^r-*
Attached are copies of two amendments tc the Idaho Air Quality
Implementation Plo.n which have been adopted by the Department of
Unvircn;r,cntal snd Co;i«nuTiity Services. The arauiMjiuents include an
uudii.ioii tc Chapter '23 of the Plan to provide iox review pro-
cedures for 'Complc:: Sour-jou', and the addition of a new Chapter,
Chapter XIV which r.etL'. forth Idaho's Control Strategy for
achieving the "Secondary Particulate /jnbient Air Quality Stan-
dards ' .
^Iso attached is a copy of the Attorney General ' s opinion re-
garding legal authority to enforce the complex source procedure,
a copy of the hearing notice proof of publication, a copy of the
hearing transcript, and a cover letter from Dr. B;ix relating to
the proposals.
Please incorporate the two ciuendrnants into Idaho's Air Quality
Implementation Plan.
CECIL D. 7-NDKUS
GOVERNOR
nbd
-------
IDAHO AIR QUALITY IMPLEMENTATION PI AN
Proposed Addition to Chapter XIV
"PU\N FOR Bfi'L12fi3iTAT10;\' CF SECONDARY PARTIOJIATT- AMBIENT QUALITV
STANDARDS IN IDAHO"
-------
Ch.T)t'.:r 4 uf tlie Jctoho Implcnientatioii Plan describes the problems
encountered in ti^ino to demonstrate that the national aii.biont air quality
stamV'r-J- fur su'.i-.-i;t;;:d partJuilji1-.es could be met. by the-application of
particul;>!? "latter ropi-rol slrri-cgies. In the development of this section
of the pl:;n, model:!!;1 techniques A\*ere used to determine the contribution
of inveiirorjcd emission sources to the measured partjculate, levels. These
niodcls shov.'ed that only a smrll percentage of the total measured values
in any a:'ea could lie recounted for in terms of known Cinventoried) emissions,
or point sources.
As a result, the following general control strategy was adopted for
the entire state:
1. Available control teclmology will be applied to all knovn existing
rcuTCC-r. T'.v RM!^" ;.r-3 T'ffrul^t.vvTir. ^hrptrr ^utr.li'.ic.r. t'^c.'^ requirements.
2. Nev/ sources will utilize state-of-the-art control technology as
part of initial construction.
3. Research efforts will be directed toward defining the "unknown"
contributors to particulate air pollution levels and then efforts toward
control of these sources can be made.
The study described in #3 above was conducted in Moscow, Idaho in the
fall of 1972 and in Twjn Palls, Idaho in the sunnier of 1973. These two
cities were chosen since they appear to be typical of those cities in Idaho
with a particulate problem. The results of this study should therefore
be applicable statewide.
»
STUDY RESULTS.
'Ihc study itsc.l G included four general approaches:
1. All available data from the existjjig statewide monitoring network
were evaluated.
-------
I'jgc 2
2, In end) of the study cities nn cxtcn.si.vc susp-nded paniculate
monitoring nefv.-ork war. established and operated in and nround tlio city.
3. A more detailed emissions inventory was compiled for the sludy
aveas.
4. Selected "control strategics", such an flushing ur sweeping the
streets in the iiMcdiate vicinity of the monitors. were ii^Jcinorii cd and
these activities were correlated to ambient air particul.'.ts rr.e-?r.ure;;-/jntr-.
The following general conclusions regarding the pie-j^nt: runbicnt air
quality levels were derived from the study:
1. The natural background level of particulate m-nt tcr in Idr/ho is
about 15-20 us/M-5. This value has been established at the MAf-N sampling
silt; at Cia.Lt;rs uf thy Mouii Nntjonr-'l Park in BuLte Coi";ii-y.
2. The rural background level of particulate matte?', as ir.ear.un d
by one background station in each air quality control rcp.ion, is about
40 ug/M3.
3. The particulate levels measured in residential areas or outside
the central business districts generally average about 65 ug/M-^;
4. The particulate levels in the central business districts in most
Idaho cities average about 100 ug/M' .
The research program also provided information on 12 actual or potential
source categories of particulate emissions. A summary i f. these sources
f ol lows :
1. Agricultural Activities:
Such activities ns plowing, harvesting, etc, were found to be
only minor contributors to the high particulare levels measured at. the
city center stations. This conclusion is based on the following data:
a) As previously shown, the total contribution of all dourix-.s at
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! Page 3
7
,thc ri:iMl i-iimp.'ing stations is about 20 ujj/M above the natural background
levels. Agriailiur--'.' opc-ratious con;-.t.i.i.utr; only CDC of many sources con-
tvibuljnj; to tlv^r-c j-.vei:... C'M.IKT major sources .inc.UiJe natural and man-
madc fires, soil erosion, Lv:jfi:ic du.vt generated 0:1 unpaved count ay 7-oads,
cinisriw: fro;n m^tby c.it.iw .-ind indi-;;' rio.^, and c"');?rs.
b) Agr.i cn'J uirci 1 cpovnticns ,'r:; general] y Fc«t.scnal, but the
)uj;h p::rtic:u].r.itc Jcvclr:. sww r.o dirfiuite scasoniil Uuctuation.
2. So5.1 .Erosion
Soil erosion is als-o considered to be a minor source of the
f
high downtown lovelr. for tli-j reasons mentioned in l(a) above. Tf
agricultural activities a;\d ooil erosion were major contributors, the
levels in.ear.ured at the four rural sampling stations woald be much highnr.
»
3. Construction/Doinolilion Projects
The effects of construction and demolition activities in the
vicinity of the downtown stations during both studies were dramatic. The
effect of this activity on sampling sites about one j.'rUe dov.Tiw.ind was on]y
slight. This indicates tlv-i1: tlieire dust particles arc quite large ;md settle
out within a short distance.
i
4. Unpaved Roads
The effect of u paved streets on nearby particu]ate levels has
been documented in many studies including several recent studies con-
ducted in the Northwest. The Twin Falls portion of the Idaho particulate
study demonstrated that watering of unp.-rvcd streets is not a suitable sol-
ution since:
a) the water creates mud which 5s then tracked onto paved streets
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Page 4
problem.
b) w?vt.eri >;;: is :incfCcctive since the streets dry out in a very
short period of time.
I'>. Unpaved Forking Lots
A special study to determine the effect of an unpovcd lot on a
nearby sampler in Twin Falls proved inconclusive, presumably bocrusc of
the low traffic volumes that are normally associated with these lots.
Specific unpaved lots can create localized dust problem. However.
it appears that unpaved pai-king Jots are not a major contributor to the
generally high downtown participate- levels.
6.. Dirt Tracked on to City Streets by Traffic
Available literature indicates that this could be a major source
of street dust. This was documented to some extent in the Moscow portion
of the study. However, preliminary tests in the Twin Foils area indicate
that street sweeping is an ineffective control measure for this source.
7. Uhpaved Shoulders on Paved Roads
The effect of this source is not well documented. However, visual
observations indicate that this can be a significant source of particulatc
emissions in the immediate vicinity,
8. Industrial Fugitive Dust
Fugitive dust from industrial sources, including dust from ore
and tailings piles and tailings pcnds can be significant sources of dust
emissions downwind from the plants. Mien the plants are located near cities
these emissions cm contribute to the high downtown particulatc levels.
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Page 5
9. Spnc.c Heal'-ing . - <«t-
Co;1.! bm-ni.ng fumac.es are common in many of the older homos
in niCot. Idah'j i.i.iics. rx;;r,vi nation of saniplcs collected in Twin Fall:,
niid Nbscow imM/Titcvl tint significant qnautii ies cl combust ion products
were prcvel,"JTi. These combustion products arc primarily cr.iittcd by
tli i.s source a? v/^11 as open burning and iur.juei-ation.
10. Incineration
The irrtpact: of this somxc category is not veil kno^vn. However,
incinerators, open burning, and space heating are considered to be the
major contributors to the combustion products fraction of the particulale
loading.
.]}., Op^rj ..Rvvrnd'ng
The inpsct of this source category is not well known. However,
incinerators, open burning, and space heating are considered to be the
major contributors to the combustion products fraction of the particulate
loading.
12. Grain Handling
Emission estimates and microscopic evaluation of hi-vol filters
both indicate that grain handling operations are not significant contributors
to the downtown particulaCc loadings.
The final report on the Twin Falls/Moscow stud/ is being prepared
ar.d will be included in the appendices of the Implementation Plan.
CONTROL STRATEGIES - FUGTTIVT, DUST
An analysis of the stud/ i-csults indicates that the major source of
the high particulcte Icvrl;; in crntir.nl.
-------
dun i frcr: *j&
. Jndu.3tri.rJ .fugitive dust sources _ \£'
. r'TU.trvc-'-'^' ruid der.'.nJ i tion ^^
. Uop-JV'.'d Sti'ii'tS ii -
AccordJurl.y the control strr.;..efjy for att;rutn<> and wr.int.lining '£3
the :;econdaiy stnndard;-; Tor participates will be directed toward tliesc tf
three fugitive dust sources. This will be accomplished by enforcing the ""*
present fugitive dust regujntion (Regulation P of the Rules and Regulations
for the Control of Air Pollution in IdrJio.)
It is not possible to quantify the reduction in emissions expected jjjjj
^1
from tJiese fugitive dur-t sources since no reliable emissions estimates »4
sro avr.il;ib1o. Tor this reason, roll-bnck c?.\Jrulatipns or diffusion
models cannot be used to predict tiis expected 5m]>rovement in ambient air J
quality. IIos-/eAT!r the si.udy rer.nli'.s as v/ell as results from studies in "^
8
other areas indicate that the implementation of control measures against ^
these three source categories will result in a significant improvement in ' ^
ambient air quality. It is assumed that the improvement will be adequate !
to attain the secondary suspended pnrticulatc standards. However, if it $
becomes apparent, at a future date that these control measures are insufficient . i,^
the control strategy will be revised. y
H
A more detailed discussion of the control strategy follows. This U
V
strategy will be applied to all four air quality control regions.
1. Industrial Fugitive Dust Control
Industrial sources in the state will be required to comply with
the existing fugitive dust regulation. Compliance schedules already adopted
or proposed for adoption require control of fugitive dust from the following
sources:
I^V^'-''::'' '- -'^.?.><^^:S^r^>;5^ ^v^x*:1*;/;- *
-------
T)u J. R. Si !;.," "'-i: Conpnny
IMC
MOlli/i. -.ii..O
Agricul ';u7-ul r.va'J' 'cti; Cor jioy.-.-t i c
Rock Cvash.iii£ l;i;c-.r!.i;-j.Co (fpyroxintntcly 1)5 plants)
These fi7'mo constitute-. the ircvjor jndustrial sources bi" fugitive
cluut jn Idaho. AdcUtion^l .«;ources v. 11. 1 be aJJtx'l to this list, ns these
fugitive dust p7-o!.ilcms bycoinc known.
2. Construct j.on/11'in'.-ijitj. on Fuf'.itivr; LXist
Conu';!ctc>rs iuvo.i\\:-U in t'ii-sse activities shall be I'cquired to
coirrp])' with Section 2(a) of R.;;'vul?t;i(-;i P. This section specif. Ically
requires: that certain procr.ntionn be tal;en during construction, demolition,
road building, or ]aii<1 c-J erring operations.
In many cosey tliis rcgulntiou can 1~>G enforced in conjunction
with federal lia-aarJous polli.itt'nt regulations for asbestos. 'Hie federal
refill .itions require the wetting of asbestos insulation in buildings prior
to the demolition of the building.
3. Unpaved Streets
Cities vail be requested to submit to the Department of liiviron-
mental and CoiT^iimi.t)' Services specific commitments regarding their time-
table for paving all unpaved streets in or near the central business dis-
trict. These cc-i:?nitjremt y vr.il] be requested from the cities by January 1974,
and wiJl be added to this chapter at that time.
-------
qoNTi^ii. JjTiiATj;(iY_ souRcr- j^issiQNS
Tiie vvucr.;j~i cuitrol st?-;Jtcgy (for primary and secondary standards)
as oi'.fl.'ird in Ouster 4 p?';1." TV--?, of the Plan requires tliat :in ndditiou
to defining and co.itxolling the "imknov-'n" sources, LliO Depart.rncnt will
require available contro] tedmolo^y to be applied Lu exist jitjj source? jivul
best available technology be applied to nev; sources. The RuJ.cs a;id Uo<'i.!'l; :,i.uns
Duipter outlines tliese requirements.
'fl)c control strategy as it. applies to source onissions will therefore
be an expansion of the strategy as developed in Chapter 4. Known violations
of existing regulations v/ill be nsmedied. through one of the following
enforcement mechanisms:
- civil penalties
- compliance schedules
- consent orders
Tliis strategy will be applied to all significant sources in the State.
Particular emphasis will be placed on the fugitive dust sources outlined in
this control strategy plus open burning and incinerators, the possible
significant contributors in the study.
,1
I*
B
i
i
-------
IDAHO AIR OUALHY BM-H-B-NTATION PLAM
Proponed Addition to Chapter XI
"ADDITION OP PROCEDURES POR IJKALING V.Tlll COMPLUX
SOUROSS"
153
-------
The FrrkM-:;] Cl
activities associated '..'ith their oj.er^.tion are hereinafter referred to
PS "corplex sources". K.T.-irr.ples of coi"plt--j: sources include, liirgs shopping
centern, auditoriums, eLc.itcira.
In dc ten lining- wh:;t sire of facility is large enough to si.gnif icantly
affect: the r.rMcT.t air qvrllty, certain ascuw.ptions are necessary including
asuuMptloua ri-^f.rding e.*..*..Ling air qualify, xeli'icle nix, veii.icle speed and
ifcterological conditions. The permit application procedure described in
this chapter is tb be US*H! to dccJdu what level of further study is needed
for a proposed complex eourcs. The assumptions used in requiring the appli-
cation as vol.]. as those used in evaluating it arc? therefore consprvative, i.e.
they predict higher cnrl>ou monoxide levels than would normally he anticipated.
!!
The six?, of. a facility subject to review way be modified in the future r'
'J
as new estimating techniirjur.s are developed, as new information regarding air l)
pollutants hoc.wce available, or as the newer low polluting vehicles phase out $
the older uncontrolled automobiles. Initially, any facility providing more
than six hundred and seventy-five (675) parking stalls must apply to the
Department of Environmental and Community Services for a "Permit to Construct".
jl
This corrKsncndn Co a pv.rVing arc.0, of approximately five acres. Since the
entire State of Idaho iy Priority III with respect to "Set J'l" coutpminants,
the "automobile" cnntomin.nm.s, and since at the. present time no air quality
-------
'*,.
' f
cont;!;!'in:irii <-, the st:)t-a cannot justify the proposal o' n ir-or. n t:o:"prehcm3ive
complex ii!.nii-ca csvaluni"! -.HI procednj o ,-it thi.*: i.hric. llo'.-/-v/t:rf l.hlt: -.^-..-l .ion
or f. he 7.dnhr.i Air Purli.ry Iniplc.>inc!iH.;irion Plan, .iur.t: f.s th« vt--t of the plan,
v:i3i l.r v;<.'.:. l~<' from f!;: i-o t?»n.-i.
l-M«v''i-' \f ? !>:.!:'':!';: '.ht- ;-.'nr.t ruci.lou r-Mpiroval :;.', rt «..M to ho n-^r-d by
t!:2 Dc%jT,j-(:r.:..-:l:. T/'.e ;:'.:i.u«.l proco'njrr. is ouI'lined bn.lfv:
(1) Cvcneis or oji-.rrLora slu.Il r;ubrax): l.o Tho f.'rj- rttvunf. an ^;-pUcation
J or r. "Porr-it fo Ccvaal riic!:". The j>"i. p-H: app''. icni .tun K>'--1.1. j-.rovi.nf th»» f>j33 f. ;i
information:
(?) the. r-ii':^, locfition^ ond nature of: tliu f;icl.lii.y
('>) the norcinl schedule of operation of the iCr^ilily
(c) the buel&st day(fi) of the year normally rnticipatcd
i
(d) the buFi<'.sL hoor(s) of t.hc dry normally r;nt:f.cipatfil
("1 thf. «vn.«>cTi'y of r.i)c. .r;irkinf? fHcillfy
(.f) the pre'Jict-cd raaxj.isum number c£ motor v^'iicles per hour
(g) the predicted raaxi'p'iii; number of motor v< iiicJec per 8 hours
(h) future expansion potential and plans
Figure XI-3 shows the permit application iorra to he u::.od by thR deparU.ieii
(2) the department will review each stu-.h preli7n:ln«iT.y notice- and mnke
a determiuation X'/ith J.3 days of receipt reg.Trding vhelhc?: further information
is needed to evaluate n-.otor veliicle related air polluticm indirectly resulting
from the. construction or modification of the complex source. The initial
review procedures are included in Appendix N of thia docuivont.
(a) if the department determines on the baois oi: a preliminary
notice that the proposed construction or modification will not result in
violation of any state cinbient ;rj.\~ quality standard for nny motor vehicle
related air cunt.'mi.iv.mt, the department sha.li ao notlEy tli". owner or operator
and tha owner or operation chnll be dcetr.od to have fully cr-inpljad \.'ith the
"T"
* 'j
-------
_ ' ('-. f.r-i:nn"ne.c, Hi^.t furthoj: information is
T^cM'jc' ; (. ("s;'~hi; :.i: -..'--:'--i- t'h-:. i uO?o.«i«;d conut.rur.tion cr modification vill
rr.-,,i - ,. - :.-. ; ,(. ' -., , : --I"* nv.;-! ? riT-i-ir-rit Pir qvi'l.J ty etwvidnrd for finy motor
vol-.ic.L- " c i ;.!' ci ( . i : :-,.; ='--:-'if . (.!.- rl'.-psrtmcut Ehal.1 so notify the owner or
('"' c-r-T..--, ;.o/ f.l'nl 1 rubni.i.t fui'tlic-.r information to
; . ,-i ."-u . )"-'. HiuiiJ tr». r''-J ?-' c.T':;iit to e.iuili.Lii t.lie d'ipnrtiout
»1
to ciclf-r-uvi th:. i;:;i.,..-.. of th" iXMuv.e mi the ambient air. Such information '.£
r..-;y inrJi.o:: but ir ;;-;i Jinit^.d to: !
(3)- I V' design, construction and operation of the comple::
rourco r.-. :!t. rclaft'j to rarer vehicle usage associated vlth the operation «
d
of the cor-plsi: soi'rce.. Specific information relating, to the number of 3
if
£-a trance/ .-:--:it:>: V.'> i:hc parkin? Cr.ciHty, the riuabcr of access roads leading ;^
to the facii^(-.y, or o'chor iiifor'-.:;t.'nn relating to the flow of traffic at ov
,i
near tli'i facility r-riciuOd be provided. >
(2) ti;'^ nature c;i'l craouuts of motor vehicle emissions . j^
anticipaLeJ to be ar-t:ociatfid v;j.t"u the operation of the complex source
(3) c:-;js-t:ing and ratiioated ainbient air data at the property
line oC tVi soinrce. v-ny be required rf
sl
(/;) in e.i'Gcs where an Environmental Impact Statement (EIS) ';
'*
has been or will be prepared by any local government or any federal or state
agency other than the department and such statement relates to a complex source
*
proposed for construction or modification, the department upon receipt of the
draft K1S may treot: the same ar, compliance by an owner or operator with the
~?
submission n:quirci'-.c-iii.:i of this chapter and the 30 day comment period required H
£j
by thlc ch;iuf.o: r,h-lj. h.: constint-d to he satisfied by the 30 day review period L
for th- di-nft EIS; PKOV.lOFn Tlu-.L, if the department concludes that the draft
EIS provides inadequate, information for the purposes of complex source review,
Fn-ri-n.t , .._. ..^-. _ _. -
- i
-------
r-f of.';r.,iry for '!:or^ TM'?--: >«j fro'ii vb~ c\::i?r or up-.-r;iror mid rbnll include f»
k-
thJy in itn CIT :.: nts OP '.I.-' di:nt"f IMS and refl^i-.t the same in its analysis £
r:
of the dial's ViS. I
(./J.) t.'i-: r;--or (.-r r: :-'<--.ll rcA'r^w -.jo.h further infonsaHcn and provide M [;
I fef
.-Lid .-,) i.'.y.. i;. v i; ! iu"r '. «. vheLbf'~ Mi": conj»tr::c't'j.on or op or:,-it ion of the I f"
c-rTiplc:; ssuvi.c: v!73 fo-.r-.-"'. ±i\ vio.Lciti-vn of any ::i-;!.t2 ?rabient nir qualitv JP&
fe
-.fond.-.'id fc-:: .'-iy notJi; v, rrlc: irlnf-.'.-; rrii' ccnr;.:;v'.iv-mt.
(n) the nn.a.ly-,:.-. provided i:or in th.ii: subjection aad the depart- !
ir;i.-.u>t'D pi-Opor.'-.'!.! c-.cticr^, lo£:-i.hcr v.'itii the: infernal ion tubinitr.cti by the o\mer
or pppr.itor, rbjll be Tr.:'<-li avail.-ib.l.c to the piiblic in at loast one location
in the county in which f-'xi cample.*; pouree is to be located. After such
availability ic nnda knovo by public cr.nour>ceirei>.t, there will be a 30 day
period for public comment on the air quality offeet? of the complex source.
Such -coiiuiunL J.-hoi. L be i,-.*.:~ iu wiJxJn.^ Lo I.IK: tioyti!. tr-i^iS:.
(b) After coiinidcration of public cormr.snts and eny additional
information pubmitted (h;i.-.Lnp, t.he r.o;, -:;'.nt period, the .depart.went shall IKSUC
a "pernit to construct" or a denial of a permit for tin construction or
modification of the coniplnx source.
(I) a "permit to construct" hereundar may include such con-
ditions of operation as the department finds reasonably necessary to prevent:
the violation of any state ambient air quality standard for any motor vehicle
related pollutant.
(ii) a denial of a pc.nnit hereunder shal" be issued only
upon a finding by the department that, taking into consideration all reasonable
conditions of operation which might be inposcd, there is a t-ubstantial prob-
ability that construction or modif.I cat-Ion of the complex source will result
in violation oC a otatc RCM> irnt air qunlity standard for a motor vehicle
related air contaminant.
-------
' f '
VT or rrvii-Gv.'T.!!"!/,! f cor-'i^nv SF.RVICT.S
fs
fsc,
'J!
/=.!Vl ICAflOJ rQR A FLPo-11'J TO COMSTKU''!
fXiMPLEX SOURCES
"Ot'f U!ul"ll::'-,v:. "o'r Ap,->Tici;a-V (Ov/ner'-
Division Idnn M f icatier.
Acid re ss
City, Stcto, Zip Codo
Responsiblo Official
Pl-int lucaiio'i If- different froiii offici.
AI ie rna te Res|x>n 5 i b ! e Official
I I 71 v
Address or Location
norji 1 Descr I Dj1_[ojT.
Phom
Ad d r s s r. or Lo ". 11 i o r i
PilOf,:!
Briefly sutmnarizo the proposed project.
Required Exhibit
As EXHIBIT A, attach three (3)^copies of a Preliminary Engineering Report which fully'
describes the proposed project using written dir.cussion, naps, diagrams, and any oi!.'.-f
fiecessnry materials. Specific itomr, contained in the report should Include but net b>3
necessarily limited to tho fo lov/ing: .,
i. Ths size, location, and nature of the faclltiy. 5. Ths capacity of the parking
2. The normal schedule'of operation of the facility. facility.
;, The busiest tiay(s) of ths yc.ir norpiolly antlclpntod. 6, Tho predicted maximum ntnnhor
!. The busiest liour(s) cf thrr day normally anticipated. rrotor vehicle? per hour.
7. Thu predicted maximum r.^rnt.-:,
irotor voMcIci; per n ho.;:r^.
, u . 'jr^'''^ cxoonj:- ion potent I ; I "
: HLRtC-Y CERTIKY THAT THE I NCOF-MA1 ! (5J CONIA-|NtL""li>l THIS AK;L I CATION IS TRUE "
0 THE BEST OF MY KNOWLEnOL Af^O BELItiF.
of Owner (or !er-:iliy .TI MI-"'-! '
-------
>?CS CRAt.'TS A
KIT TO. CON
I1H COl.'
;nkV.M ?:.-!«! TS
VrK ; *:>. /', f'Ut'-UT
TO c.v:;i:.'u::.».i
C't::- Pr:v LEV."., ir
C"l.y PcV l£V.".» IN'IT I,". APPLICATICf!
15 Pays
PERT-1IT 70 OBSTRUCT ISSL'EO
.._,
S REQUESTS AOOITIOMAI. IWOPJWTIO:.'
REVIBV OF AOOITIOflAL INFORMATION
4? Days
CPA - X
N'OTIFICO
ALL INPUT EV'AIUATFP AND
FIMM. DIG I 5 ION REACIitO
._A2T\CLVA.l
DECS NOTIFIES
AND STATES REASONS
XI-2. Approval Synl-em for Conplcx Sour-cos
-------
._AIK^Q'.VvLITj' IHi'LEMENTATIOH PLAI-T
-------
; /i |~ xr;'..!U: 5.n (: n ing rediii i'jin.-'-. for KVviow of Ludln"1LL-lLMi.rCl:-' '
One possible approach hj implementing the indirect source: review procedures is g
fc*
cstciblirl, a screening technique which can be used to determine the depth of analysis '.
ourcc siii'uld iv.-.fMve. 'Hi" m;;jor param?tors in developing such a technique would be **"&
cxislir.ij ciir quality at ur near the proposed location of the source and the relati'.e |1
c of the proposed source. An oxnir.ple of such a technique is illustrated in gc;v:;v:"! ?g-
tf
r.iS ir: Figure 1. The terms and parallels used in Figure^ 1 arc discussed helov,': "5
1. Measured or cstimnLcc! air quality at proposed r.ite. States may wish to I
require a developer to conduct air quality monitoring in order to accurately rinfi;.--
existing air quality. Alternatively, Appendix I presents a technique for esti^o.t'i
ft
.air quality at agiven'sitc using air quality data from another location in the city. -f
to
Iidicator of induced on-site air quality,
For a shoppinq center or sports complex, tins parameter would likely be th-j
fe
S'ize of a parking area. However, the same, sixe parking lot at different typ.:^ of t
indirect sources may likely result in different predictors of on-site air qu.nl it, £
' ^ i
due to the different operating characteristics of cars (e.g., relatively uniform c,
traffic flow during the day at a shopping center versus short-term peaks at a £
sports complex). Using average conditions of assumptions involving the operatic-;
of vehicles within parking lots, the 'size of a shopping center parking >ot can h<: r:;uc «
d'to on-sitc air quality (see Tab C). For example, the assumptions in Tab C indicfii : f
i
t
tliat a shopping centc«r parking lot of approximately 40 acres would correspond to
on-site air quality that is about GO percent of the 1-hour standard for CO.
3. Full analysis.
This analysis involves the evaluation of on-site air quality using the Ir !-,;;
ques of Tab U and as well as'tan evaluation of the impact of on-sitc: emissions on
air quality "hot spots" in the vicinity of the sourer;. This latter analysis < \- \
-------
t
l.'l;.: re; the off-', ite eni sr, ions may bo sicjni ficant (e.g., congestion on l.ighwny
Iccdii-g I:.M tlie somco), the ilropct should be r.noly.'rd'using the line source calcu-
lation:-; on page 40 'if Turner1.-, workbook or the Hll.'AY program.
4. Un-sit.o analysis
I lie on-'iite an..ilj : is con be relatively single in cases wii^r:^ existing air
quality is very low (i.e., background and nearby source effects are negligible).
In such Cciscs, the graphical techniques in.Tab D can be user! for evalun'Hcn. \!\v:\
background values are important, the full 8-step procedure in lab B should be
followed.
Appendix II describes computer modeling techniques which are, or will be,
available to Regional^ Offices to assist States in evaluating the impact, of new
sources.
Appendix III presents a brief abstract of each of tlie modeling references
listed in. the May 15, 1973, f_eclera 1 Reqiytcr_.
-------
|.;r»t-f.oi o 1 o/. n_c <) J__ ]'''=. i s _o( "!-'i;j|S'!iy P£iM.t of Jlidi jT.onc'.'nl.ratio!;'' Mule
This rule ir. inter.;1;.d for the ca:.o where nvjasured or calculatr-d
air f|ii:ilii.y do(..:'' '^'- :;itr: of the proposed development c.:rc not
aveiil^li:. In l!i-:'. rvr-c, ii 11icr.-; is an adequate rnn's.vion invuitory
and nif'teorolnMi'-.-.rrl inuHii.aJ.ion and'a cci'ip.uter capacity, Ll>" best
ap-prpnch is prc!>^bly tu !!:-:i!:^ i\ diffusioii modol c^fiirafcc of t'ic air
* e
quality at the rite, and a sncond estiinate of air quality in the
site and its surrounding after the coii.plcx source is in operation.
Corr:p..iritifj these, the impact of this source can be d-.itcrnrincc1. liov/cver
in most situations this v/ill not be a practical altcrnativr, because
the agency making the evaluation v/ill not have those capabilities, nor
vnll. it have the time to i.iake this kind of evaluation for each site if
it'had the capabi!ities.
Therefore the objective of this rule i:; to obtain a simplified
substitute for that procedure, which will give substantially the sa:i'c:
results that such a thorough study would. Since this procedure is not
to be need to reject any proioct, but only to decide what level of
further study is needed, it should be sorccv.'hat conservative, i.e. err
on the side of predicting higher rather than lower concentrations. -»
*"'
Because the reviewing agency probably docs not have a map with
pollutant iscpleths of concentration under- the worst conditions, but
probably does not have point values from its dov/ntown measuring stations,
the question we are asking is "If the concentraiton at the city center
is A, how much i!; the concentration R km av/ay?"
-------
(00
.to
[
o 5
a 1 h°-
y ll
~ ^ 40-
it
0 T
1- r3.
^^ Vi O /\
^ .^ c. u
O n.
:: b
F L^ L \
1 ^«rt: » L^.tr-T'.ra 1 * -v i *.' if. '.r
OH-,IT,
*
f
-OM.~z.rci-:
NOMn
.
^N-GITE(
MOM;:-:
M e AS o :?, GL
O 'O
\ E 3 T I M A T £
P Ro ^o ko LTD SITE
A ' »" Q (.' At- \ T >r A T
C % ° P N A A Q 5
A1.;
^ <
5 rc--} ^
Or- Av^ALVf,"i5r>
A W D IE »X I S 'T I M G
--^ L \T y
-------
The procedure used is l»o convert the air flow ovor the city cc.Milcr
into an equivalent line source, which can then he used in the well-known
line source solution (Turner p. 'lO).^ This indicates how the air with the
highest r.;oost;rc'.l concentration (normally the city center) dilutes as it
flows at low wind speed toward an outlying location whore the complex
source will presumably be located. For a line source (normally a highway)
the. source strength (q) is normally specified in gin/sec in. The flu;; of a
pollutant across a line perpendicular to the wind at any point is:
q = flux = .JT^u "X dh (1). . '
where u is the wind speed, "X the concentration and h. the height ah
the ground. If q is substituted for the source strength in Turner's
line source equation 5.18, we have
X
-------
The rcctanrjulnr pot lorn a-llows us to renlac;? the internal with
V , tim^il),. Vie can also say that II in equation 2 is l/?!li, becaioe
"y round "1 " '
II must ropresrnt the avcrr^c emission height. Making these substitutions,
' -''-A'.,
and solvin:: for <;;,-.n-J (i.e. the dov/nv;in(} concentration over the city
center ccnccntriiI.ion:
1
To evaluate the probable vah;os of this function, use D stability and the
^ vs distance-relation from Turner's workbook. Several values of li,
have been used, to show the sensitivity of the answer to this estimated
parameter.
The values obtained using equation 3 are shown in Table 1. Table 1
shov;s that' -t a distance of 1 km and further tho exponentiol term is
practically 1 so that the results arc approximately 0.797 h, /T^
At 1 km the ratio varies ^rom 0.2b to O.G7 for h, assumed from 10 to 30 m, etc
This procedure soir.ewhat underestimates the concentration at the '
suburban location, because it assumes that the source strength between the
city center and the suburb is negligible. Therefore the results shot/Id
be adjusted upward to take this into account.
-------
Compul.od Valuer, Accord ing. to l.'!(3)
Po-'irn rd t) is tarn r lOn
\ On)
iK/n, for li - in
'' It :~ ?('
h = 30
l/2(h/2.
8 .
1.
3.
82
0.
0.
0.
(:.7r ) .\
0.
0.
0
}
19
40
'
2G
66
283
025
35
72
10
0
10
0
1
1
0
0
. 0
0
0
0
0
0
0
.5
.55
.11
.67
.033
.154
.35
.962
.857
. 704
.422
. 759
.938
1
32
0
0
0
0
0
. o
0
0
0
0
0
0
..0
.313
.625
.94
.012.
.049
.110
.988
.952
,895
.2-lfi
.5° 5
.671
3
65
0
0
0
0
0
0
0
0
0
0
0
0
.0
.154
.307
.462
.003
.012
.026
.997
.990
.974
.122
.242
.340
5.
88
0.
0.
0.
0.
0.
0.
0.
0.
0.
0.
0.
0.
0
1 1 3
227
342
oo i:
oo f-..-
0 1 }
09 f;
Of! ".(
985
OCJ
1 /v
2f,'j
-------
UM/VIAP
The U::CTS i;.:tv,M; ': f^r Applied Modp'iinn of Air I 'oil ut ion (Ui.'Af'.AP)
is a sysL: :;i of cl i 1 : u. i . :i i::r"JHr; v/hich cxii bo ;icccr.?rd on interactive
icrnntPl s ( i'v^-slu're option) ot. 'Liu: (1PA u^rional offices as v/oll as
the Res-.'.'.rUi YrioiKjl',; i'-:rk offices. Throe models are prrr.cntly available
0!! Uiii. :.>. i' '::):
1. ArR/.C. Thin is a short-tor:;! diffusion i.:r:!cl that calc
utio oULO;;i;;i ivc contri!^jtion to carhon rvjiicxit'c concentre Lions. Tl;o iTOdo
v/':;1:. ocvrlapcd !;y St^i.Mr.'ti f:osr;;rch Insti Lute (SRI). A users manual is
e on the niotJcl (!?!(' p.^j.-.-'j).
2. I ill .'AY. Tisi? i? ^ liri.?-sourcc: nvorlcl v/hich ':u Iculatcs
pollutant rorir.cn Lrr.tiiiiis in tir: vicinity of a roaclv/ny. 'Iliis model is
sclf-c'ocii'.i-.'ni.inc! in t\\*l all t!:'.-. nr/cecsary instructions appear on the
terminal' telling the: ur,or v/hat la clc nr:xt,
?. CDM (Clii.icitolo'jical Dispersion node!). This is a i;;uHiple-
sourcc urban diffusion model. II: is a refiniirriont of AODM, and is on-
line. A users manual v;ill be released in the near future.
Models available for placing on UNAMAP in the near future:
I. Several point source n'.odsls described in 'Hi-? "Hnrlrhoo";
of 'Auiioiijip-ri-ic Lfli.j.ic-i b iu!. -L:,tii .Li.,." !r:.v.. -IrC'-'-n rrogr:i!.-.vd. With a r.tate-
'niont of reqinrcn^nt and. a ir.oder, (: ar,;ount-of ro|;roc;)'ai,:;TiiiHj, thoy con be
placed on Uil/ii'lAP in the near future-;.
?.. A 21-hour point sourco model is available; b;;t needs to be
documented and reproyrair.med before being plr,cc:d on UI.'.MiAP.
3. The Real-Timo Air Q-jr-lity I'odeling (RAM) is a roaltii.-.a
area-point source r:?:!i'l v.'ln'ch is yat to be documented. It is a candidate
for UKAMAP in 1-8 rrionths.
*\, .The GnO'lFiT multiple source, short-Ion;} term model is clue for
final completion by July 1, 1973. This modal will be compatible 'with
the Irnple;::;;n[:atio!i Planning Prograrii and, there-fore, v/i 11 provide a
source-contribution output and enable other features of the IPP model
to be operated. It is capable of being placed on UiiAI'AP la.te in 1973.
5. A photochemical model is being prepared for UNAKAP. An
availability date for UiiAMAP is tenuous.
Efforts are underv/?y to incorporate the UrlAMAP system into It.'FGl.TT,
an interaotivG computer system contracted for by GSA. This system v;ould
enable the model? to be- used by any user having access to appropriate
A!)P terminal cquipr;ent.
-------
niMidix H1 f- Abstracti./.of Rr;fen;nci'ii> Presented in June 15, 1973, Federal Roni
1 Turner, !). B.; "Workbook of Atmospheric Oi'.;perr>ion estimates," PUS do,
990-AP--^' (1 %!)). Us.oft'l for estimating concentrations from point sources
(e.g., inn::er
-------
A
('/) f^r Qu.'ilil.y Imple;. utdtion Planning Program, Volume I, Operators Manual, :
Pi! H'G-29:1 (1!;70). Clearinghouse for Federal Scientific and '.'clinical
Information, Springfield, Ya. 22151. Multi-soui'co urban diffusion nmJel «s.-
suitable for pr^ciicnny 1 one]-term '(monthly, annual) average concentrations. \
l\]c-c estihial'.:^ co'-ts associated with various strategics of emission control-:,.?
(8) llcMinnj S. R,-, "Simple flct.ho'ls of Calculating Dispersion from Urban Area
Sources," paper presented at Conference'on Air Pollution Meteorology, Ralcicu,
I!. C. (April 1Q71). Available at Clearinghouse Tor federal Scientific and
Technical Information, Springfield, Va. 22151. Method which may be used Lo
compute concentrations resulting from area sources.
\
(9) ASME: "Reco:iimended Guide for the Prediction of Dispersion of Airborne
Effluents," United Engineering Center, 345 E. 47th Street, Mew York, I lev/
Vui'L 'tOUl/ (i£Gt>). Ccnarul troab;:ctu -disto^^ing tl.c iiiipact of several
meteorological phenomena on pollutant dispersion and methods of calculaliivj
peak concentrations resulting from these phenomena.
(10) Slade, D. H. (editor): "Meteorology and Atomic Energy 1968," USAEC (19GC).
A general reference presenting meteorological and diffusio;. theory fundamen-
tals, which can be used to estimate pollutant dispersion. Available as T1D-
24190 from Clearinghouse for Federal Scientific and Technical Information,
National Bureau of Standards, U. S. Department of Commerce, Springfield, VA
22151.
-------
I «
i - "[Y'rli>;': ';''.' fni I-1. -.! i' I i :u| Oii'-Silo Air Quality at Compl :.-x r.ou rc.es
This rr:x" .-r.c!':! '. u kii'Hij rec;i:i iv. iluif. ono c:-. timate '.'hat the i!i'.iif ,-.1 (.i:y'i ti'.'n?. >".''corolcyical asr.uir.ption: used in the analysis it.ro
,-,«;, opnjr-fi- '.Tib Mil. '..'ii'i ;i <;t.rs:J',' wind opr'-.x! of 1 n/soc f t om a di r.jction placir.;
.pinr in '.! ;. ; [).;:j... i ;.! :,n.,t.ii»i t-iic i-jxiiiv.-M ip:->cict of CO emission';. The rccc:v;
:.;iv.;..--' ('/!: I! ='.' ':. i:;:;>:r.:t of 1 CKT ci'i i"f?-)'.-. n!; typnr; of Ci.ii'.>sions LG assessed
.it- ;;;d ' ,'.-:T f'U cc:::-:!!.),-;!;imis. Ttvsc- ccnc.oiii.rai.ions result from:
(1) Oi;.-"vl [-.'C:'.ny^|..nri conr.ont.rations frc:n sources in the environs of the pro-
|Kif"-r.h to compute |n--ak background concentrations of CO.
?: Convert Peak Racl;riro;.'nd Concentrations to an Equivalent Emission k
In ions i Ly v/i tii in t i i p P r op_o s c; ci Com;) i e x
* Use Figure 1, plotting isoccnccntrr.tion lines on a graph of source intensity vs.
-complexes' dimension directly upv/ind from tha receptor, ar.j iiiove to the right mili!
sciiiivj t!,e isoconcontration lines corresponding to th.o."e obt :inc-c! in Stc-p 1 for 1-r.cui-
'I 8-i;n'.;r concfintrations. Note the corresponding emission intensities on the absc.ir-o .
Th.C'S'j rcprcsfmt the ui'iiform emission intensities within tha complex which would
^'H in tin predicted bac';'.-jround concentrations at the receptor under the assumed ^/
^ 'ulo'iical conditions, hyurc 1 was derived u-sing a technique similar to one ur-eu ''.
taa.^ - _ r
-------
(7) Air Quality Imple;. ntation [Manning Program', Volume I, Operators Manual,
«
\y:l 'IS'0-29? (VJ70). Clean ny!iouso fur Federal Scientific and . ^clinical
Jnfdir.ation, Springfield, Va. 22151. Multi-source urban diffusion model
suitable for predicting long-verm '(n;onthly, annual) average conccntrat ions.
Also csti'iio'.c:; r.orts associated with various strategics of emission controls.
(8) Ib'ina, S. R,; "S.in'.ple Methods of Calculating Dispersion from Urban Area
Sources,11 paper presented at Conference'on Air Pollution !''';toorology, Raleigh
I.'. C. (April 1971). Available at Clearinghouse for Federal Scientific and
TcUmical Information, Springfield, Va. 22151. Method which may be used to
compute concentrations resulting from area sources.
* »
(9) ASME: "Recommended Guide for the Prediction of Dispersion of Airborne
Effluents," United Engineering Center, 345 E. 47th Street, New York, t.'ew
Ko'L 'luU'i/ (1SG8). Cjiiarul -treatment -dis-cuising the impact of several
, **
meteorological phenomena on pollutant dispersion and methods of calculating
peak concentrations resulting from these phenomena.
(10) Slade, D. II. (editor): "Meteorology and Atomic Energy 1958," USAEC (1968). '
A general reference presenting meteorological and diffusion theory fumteinen-
tols which can be used to estimate pollutant dispersion. Available as TID-
24190 from'Clearinghouse for Federal Scientific and Technical Information,
national Bureau of Standards, U. S. Department of Commerce, Springfield, VA
22151.
-------
.3
l-
. _ . _ . __ __
ti/ CiV;.~."!".\'~ "" " '" "" """ ~ ..... "" "
Since Kir <!_ '..(\\ innary point r.eurcos of CO arc relatively
uniinporU.Ti-. re. :;.'. ).' io ^Lu.^live :.ii'!.-(..i:S , this slcp mid Step 4 could
bo ski;.1):?'.! f re --JIT..'! !.'!;/. "li;r t/.TityMii.rr.tioi! of CO at the -chosen receptor
resulting frou n ;'..> int r.(>i::vj.j v;Irich wo '/id br. part or l\\2 proposed c 0:1) pi ox
shovl-.l \-:: o;<-i.v^r-i u:itv; M-'.TO 3-!=!) ,;i U;- V.'.-i:j;!-o'.i!'. r.f_ Afry/ir.i'h'jric
PjJ:i:L'!'.:.;Vj.ii..L::>^ij:;i-1"L^ vt"'!'-' fublicciLio.". i-DO-AP-'i'j'irf-'" " flicf T:"6ria"N'!:Vri tTon ot
The rc-cojjLOv v.vtiilci bu obt-1. i'v?d fron the >:u valur rosultinn frcin use of
"Q
this rirjurc by divirlinn riiic v.-iltic.1 by ^ "u" of 1 i;i/so-; nnr! inultiplyinc!
tho p3c!.!; uVt:ruc;!: cv,-ir.5i(>n i r ':.- corunuoi'c.'c! likely for1 tluo poinl source
over 8--!ioi.;r and 1-hour pcr1C'
-------
.'.11nv;,-'.Mo I'm ir,s ion Jn.-pn-.Uv vn'ihin the Ctxnlcx
in: '.'i I '!(/, 'C;!'! ? rnirsion inton'.ity r.< dc't.crmineu by subtracting
;i',o c;.ii!:-:,)\ h ir.l..:r,i. i Mon obLair.ed in Stops 2, '1 and G froui the intensity
i:il ii; oUp u.
(],,.,-,, i;.^ * i^n co,T|\;>-cd with the emission intensity estitnatc-c! for tlic
cc.vplcx n priori. 5!.''';:Ci;-tions hcv: to m;jkc si:c!i cstinatcs have already
bccMi suj'i'licL'i to !;,-. J:i!;n Fink for shopping ccra.ors rnd sports complexes
in letter:.' r.^ic-d i!t"rcli W and /'pril 3. Sugrostions on hov/ to est-irrntc
the intc-irjitics for other cGM'.plcx sources \/ill be- supplied in Enclosure 2
If the prop'oscu ccniplcr.es1 estimated emission intensities exceed
Q/,i I Q'IJ or ^ci'ia specified fraction thereof, provision must be n;ac!e for
a detailed tnvironT.r'ntal Iropact Staten/jnt in which various design alter-
natives and sits locutions should be considered. ^
. Y- - S>*£
Edvnn L. Moyor, JrS
Engineer
Model Application Section
Source Receptor Analysis Branch
Knrlosu'res
(1) Exni.pl cs of the Evaluation Technique
(?.} Salient Features of the Proposed Technique
-------
LiTrr:-!1,:;' !.. "A !'r:!.':cr.3f.1cal Model for ''dating Air Quality
|'.:M:.;:-.V- .-:.-/lv ."ir r-.;.ilHv Standards" DAP Publication Ho. AP-80,
(t!ov. 71 j.
lkin;iii', /,.(;., "A :Vii:,!>le i!«th:'d of Calculniing Dispersion frc;n Urban
Area Su'Tcas" JA[.CV\' _^l_ pp. TM-'/77, (1971).
"lurncr, fi.n., "V/orknook oT Ai!i';osp!i2n'c Diffusion estimates", USFiiS
Publication l.'o. AP-?6, (1971).
7.iiv:;:i.-2i i -in, .l.R. ;M-.:! 'jlioir.pc-.on. U.S., "User.-; Guide for HIV.'AY"', paper
under'preparation, l-'.ut. Lab., EPA, PxTP, II.C.
*-..
*'.*!.'
vVv .. ' " -;V.^ 7'-^...iv.; c-';-'-'
, ' ' * " * " " *'*
-------
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7 R ) !
I .: '. I M I !.!:
:!'!' f .!lb--i-!- -:-jT!
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:';-'''''
: .' i. i ..-; ' < .. i
^iiii:!:!;:;.!:!;.!^^;/^.^^!'.!:^^!,:.!^
jT^^'K^/rr'xi^^o^^r^rri
I ;.{...] '.' ; ;.../...!/. I / ' : j .i j : ! !. : i
i~ i" " '
I..; -''-?5s
»-
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O~~ "
fW--^
1 t 5 C
t 7 '; J I
3 i 5 e 7
r-t f^n -- f~ . _ ._
i-
' \ i '
.1
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2 3 J S f 7
»: t
i.;.... > ..:.
' ! : '\-:-\
\ '.
i'!\::;t;;-!-";;.!'; :\ i-ij ; '.LI.
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jliX i -,\.\
.
'.'V' | "i ! I ' ! ; . '»
' \-.- -i ; ; ;:-;-
. .'_:' _L..::;.. ..'..LJi
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]''[ : ! ! !!
. ; ,. |...,.j.
.!LlL:L]j.|i-!ll-
. \ ' " i l ,
« -<.-! ! ! \--!T. -
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. . . .
:'..LL^.^i_.!\':_J.._LJ.LL.!!i_LLL.:
.... I.N i i .; .>v_. _: .' N .;. :... ,_}.:. ,..: .1 -------- :
..r j!!;ij'v'r----Xi.---"_b-:'iV_":.~:"l! '[ ':^~I.;IIl
>. s i . ; 7' ^, > ! ' ; ' 1 i ! '
'- ' " ~' v"T"i"'"-j'i":';'i'~~";'""'
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-------
Enclosure 1
x ?,: -11 c.-. I MI;"! iv. t. ij r; ;u,j P roposod T ndiniqi.'g for _ tfy:, _1u Ming the
iJi'rcct I'.--or:!; of Cor.plcy. Sources on Air Ouali Ly
Fx^irolv 1. Prq!_> l'.-;:i: A hou.vincj complex containing f'09 living units
"iT~piTi;;o.,ld'~To"ir::";i ' r.rc:. whose peak baci:'.iroiiiv:l ccnccnh'ctions have
been n^r-ci'vcd to bo 11 pp;;i over n 1-hr, period and 3 |.'pn ov«r an
8-hum- iuriou, iL is ;:ssuiiVKi Uuit tlie'p-hik concGnl iv. iiions will occur
dt a rc:idsifh:- v/i t.h i n (:hfj proposed oc:"plrj>; located OG shov/n. Traffic
on this roiicl is c-;,ti;::n{.r:d at 300 vpli for 1-hr. Jtnd 100 vpii for S-lirs.
The cJii: ,r,?ioii5; of iiie co;,;plox arc ulso pictured IJGIOV/. The re- arci
no sicnificr.nt point sources of CO con temp Is ted v/i thin the complex.
Si'i'j^'-L "'1C^ n's 'C'1G estimated emission density for the complex
above winch a detailed CIS and perhaps some re-design may be required?
'3. \-t
I t/H
OR
3 f;i'
Solution:
(1) C, , =11 ppm; p. = 3. ppm; upv/ind dimension = 2 km
i-nr '3-hr
(2). Using Fig. 1, for 1-hr.
Qb = 1.49 x 10-4 gm/sec-m2
for 8-hr
Qb ='4.05 x 10"5 gr,i/scc-m2_
(3)-(4) Since there are no large point sources of CO planned
within the complex, Q = 0
\
-------
' f
(f.) Using
10° wind
s in Fin. ?.,
for 1-hr.
C-] - :.0 ppr'
For C-rl jr.
C8,» 1.9 PP
(Ci.) Fro;-l Fin. 1 ,
For 1-hr., Qn =
For 8-hr. /Q =
(7) For 1-hn, Q$td =
x 10"5 n-n/scc-m2
TO
"-5
10
~4
For 8-hr ,0 . . = 1.1 x 1C
'SiCl
(8) For 1-hr. _ .
Qallow = ^ x 10
-------
ovc>r 0 hr?. Traffic on l.iic adjacent, hiyhv/ny (road 2} is estimated
,15 1000 vpli <-n
-------
. 4
(7) .Using Fig. )t for en orciin-ito of 700 r;
r;i
std
(8) Froi.i fiy. 1,
F'°r 1"hr"
x lcr S»'/sec-in
>: l.O"'1 gm/scc-m
2
« 7.1- x 10-4-1.3CxlO-4 - 0 - 2.0 x
'allow =.3.22 x TO"4 gni/scc-m2
QaVlow =1-0<3 x
g,n/soc-m
2
- 0
I-','
tev- -.
-------
Fnclosurc-
I > a 1 1 1 r o s_j;i f_ th e Pro p o sjj J_r.ochn "i c [ ' cM. 'o_ JIs tjj 1 i ;\t e_ th o_Tj v ' Q.C;J Jlf.
Cc:::plex_ S our co? on Aj r_ Q'jfil i ty
There arc a number of assumptions which ore nine!'? or implied
by the propose! technique for estimating the impact of a complex source
on air qualHy. Most of these assumptions arc conservative.1 ono~ , -.mi
the end result, is a tr<;hnic;iic? v;hich cjivcs a ro.'ir.e:rv;\l.i\v cstii'iilc oT
the coiuplcxa's iri'iiiiliatc impact. lho:n nsr-unpfions and Ihr- ral.ion.-tlc
b r I n'nc! then are 1 is tec! belov/. Assumptions \/hich arc bolievoci to be
conservative ore so indicated.
l-teteorolorn'cal assi;;iiotions : Class I) atmx.'phcjric s (-.ability,
steady v/ind of li::/sec and unl inn tud niixiny dcpt.h. As a re-
sult of the types of surfaces likely to be encountered in
areas where coi^ploxes v/ould he developed, and the li'.ecliairic';!
turbu'lencc'-genereted by vehicles as well as the heat of thu'ir
discharges, Class f> stability v;as rccjarocd as i.he i,.OL.t stable
Dtniosfheri c conditions like'ly to persist during periods when
the inpact of tmTfic generated by the complex was likely to
be greatest. A steady wind of li.i/sec is a consci-vati ve
assumption, since speeds tiiis low ai i.1' ui;l ikely i.n persist
from a sinole direction (and the direction niaxii:ii/ing the
impact of the coir.-plcx, at that) for 8, or even 1, hours.
Assumptions about mixing depth are"' probably only important
for estimating bacl-.ground concentrations. Since l.he technique
eitlier utilizes observations directly to estimate backoround
concentrations or estimates background concentrations using
a statistical model based on observations, the -effect of
limited mixing depth is felt to be inherently accounted for.
The assumption, inherent in the technique, that the in.nxiir.urn
(Cqq r)0) background concentration, point source center! inc
concentration and inoximuin contribution from inraridi ately ^
adjacent roadways all occur at the sa;ne receptor point is an-
extremely conservative one. It is justified on the basis
that one is concerned with estimating the iinxij.-.'ini impact of
the source and whether tin? impact could po:e" any" danger to
[IMQS. Since there are undoubtedly a number of uncertainties
in estimating, a priori, emissions resulting from a complex
source, this assumption provides a factor of safety.
Step 1 assumes that there are no significant existing point
sources of CO, such as a largt?, inefficient incinerator, in
the i mediate vicinity of the receptor. If this assumption
could not be made, heavier reliance on direct observation
.or background roncrntiv.tir.ns and con expending m:;(eorolog i cal
conditions v/ould be needed.
-------
V
The fuOd--l upon wirkh FJn.nrn 1 (used in Steps ?., 4, G and 7) is based
iiii-ioro.- J'i.d.;;n c> ff," r.l.s ." A r.on.1 complete amilysis could not
nrcor.r-,';; i iy do thr;. "I he 'procedure used in tho recommended
icchiik",- i'. .iir.liriod on the basis that tho-rios t scvc-ro
ii:;\icL i'." i!.-- u . /I'::, will most likoly occur at a section
where- I-
r-:!(j'j r:f f ..-
of .ninor importance.
The- r.Uu-.;-,;'.'lf! behind Stops 2, 4, 6 and 7 is that CO con-
centra I i.iii.s at tiv: chorc.-n receptor site rcr.ultiiif] from
backnvo:-iid sotirrc'^, proposed poi.nt sources within the comolex
nnd sources in thn i;-,i.:oclioto vicinity of the rccc-ptor
dii'iiivir.h tho ciiiission density v;hich would be allov/nble from
the proj-fircd cr.r.'.plcx.
Use of I ig. 3-5U in
estimate the effect
This rofjLMuCj knov/1
the source which \\\;\
ci s s unip i i on s f: s s u;;n c!
assumption that tlte
stack height would
on the relatively 1
likely to re-suit .fi
tho Mortjiook requires one to first
ivo plume hoiqht for thn point source.
cdrjr of cortnin operating pnrcmciters for
y not be available. Under the n^tcoroloaical
with tlie recommended technique, an
effectivci olupie heinht is twice the physical
C'nn reason:ble. Such an assumption depends
rn/j plun;a rise resulting with low wind
n1.od for by the low tcirperature of effluents
cr.i stationary sources of CO.
In cons tructing Finure ?., nee do d in Step 5, it was necessary
to use mission factors to relate traffic count to CO emissions.
GAP Publication lio. AP-^2, "Compilation of Air Pollutant
Emission Factors,'1 (Fob. '-72) was used for this purpose. A
number of assumptions were mado to derive the emission factors:
(a) T975 mix of vrjhicles--scc!!',nd rcr.scnoblo in view
of the fact that these cjuidolincs arc to be applied
to proposed rather than existing cor.iplcxrjs ;
<*. .*
(b) urban travel conditions ^
(c) avcracje vehicle speed 5 nph--it was assumed that the
iraximu;;] impact would ei tiier'occur at an exit to the
complex whore traffic was ir.oving very slov/ly, or at
a traffic signal within or adjacent to a complex.
In constructing Fig. ? by usiw] the IIIVIAY r.odcl, a road
lerujth of 200;n war. assumed in order to be conservative. This
means that a vehicle as far as 20G;n from Ll.o rocootor could
contribute slif;hLly to the CO concentration estimated at the
reccptor--|Kirticulc'irly when the wind angle with the road ccr.terline
", ''*'
,' "4 *
-------
is a r-'inll CMC.-. V.'hilc vehicles.distant from the receptor
rake r, dii.prop.Tr'Jonritcly small contribution to the receptor
(.i.e. <. '.'iicei! t', ' i. if'i"::; re.'.ultinq from a 7.0 ro degree i:iiul angle
with a roM I1"1'.'1 11 long would bo much greater than 1/2 those
from n road 2'wO n long) this n3i;iiir:pfion may be unduly con-
r>crv.::tivr. It' f.'Xjic'r'iL'iir.c.' proves tins to bo the case, Finurc
2 could be erss'ily based u.n a shorter ruiid seament and redrawn.
I'cquiniri ono to us<; v.'hich could then be used by xhe S-tatcs or Regions to
dr:ri-vc rrHrv'.cr fc-r.maxir;""1^ enn'srion in-i-^n^H'Y likely i.n occur
over 1-hour and H-hour periods. Table 1 includes several complex
sources, key parameters v/in'ch should be supplied by developers
and'assumptions wlfich would have to'be node by State and/or
Regional personnel in estimating eiiiission intensities.
-------
^^ i J-^.LlMllLL^l^
rASLE 1. ESTIMATING EMISSICX DENSITIES
Shopping Cer.cers
Spores Cc.~plexes
Key Parameters
1. Grcss Lsaseable Flocr Sp^ce
2. Required Parking Lor Size
1. Seating Capacity
2. Parking lot size and
capacity
1. Size of area
2. riu-nber of h'vina urr
1.
2.
3,
4
I.
2.
3.
Assurpifons f.'eeded to Derive
Estimated Emission Intensity
Vehicle Speed*
Yc-ar cf Auto i:f;ix"*
Area occupied by single venicle
Frccticn cf total area v;hich may b
cccuoied by vehicles
, .'!?.;;::r.L'n r.L'.rber of vehicles rj.-.onir.^
sfirultr.ric-o'jsly for 1-hr. 2nd £-r.i\
pc-riods
This ipfor;i:2ticn is needc-d to CC.TCL
er.issicn 'factors for a sinnlc- vehic
as specified in O'A? publication .\'o.
, Vehicle speed end nix
Area occupied by a single vehicle
, -Fraction of total area occupied by
vehicles
, .'Irotir.'jc number of vehicles r'j.ir.ir.c
sir.ul t£.riccusly for 3-hr, ar.c 1-hr.
periods. _ .
.','jr:-.ber of vehicles per family
. V£-.:;icle speed and mix
fie.xi.~un :vjn:ber of.vehicles r:ur.m'ng
sir.'jltanc-cusly for i-hour and
' 8-hcur periods
-------
f * > I
~fu_ f tew/
vMw ' f«gu
'-O-Ir ''*$
i - i K H''
s.»
*'-ym
:--I 4..
r
! I ">
7A3LE 1. ESTIMATING EMISSION DENSITIES
^rr r -
, L- I j v-
Spores CciT.pl3X2S
ve op-
)p?ir.g Cer.ters 1. Grose Leaseable Flocr Spe
2. Required Parking Lot Size
1. Seating Capacity
2. Perking lot size enc
capaci ty
1. Size of area
2. Nur.ber of livino urr' ts
1.
2.
3.
2.
3.
Aisir-ptions iiec-ded to Derive
Estimated Emission Ir.tensity
Vehicle Sp=sc*
Voar of Auto i:';ix"*
Area occupied by single vehicle
Fraction of tots! ETCE v/hich rr.riy b
cccupiod by vehicles
M?.xi;r,L'm r.'jrr.bc-r of vehicles r^nnir^
si:~ult:..'iC-C'JSly for 1-hr, ^ni £-r.r.
periods
This ipfor;;:2ticr. is r.c-oclc-c t? cor.'
er.ission factors for E siiig'ie vor.l
as specified in OA? publication "o.
Vehicle speed end nix
Area occupied by a single vehicle
Fraction 'of total area occupied by
vehicles
Jlr.xir.L'm number of vehicles rj.":r.ir,g
sir.vjl tcnccjsly for 3-hr, ir.i 1-hr.
periods. _ -
I.'o:::ber of vehicles per fir.ily
Vehicle sr-eed and rr.ix
f'axir.jn r:u:;bcr of. vehicles r'J'.r.ing
sirr.'jltar.c-C'jsly for 1-hojr End
8-hour periods
-------
c - lerr.iiiii"'-' for c:,t\ <<:. 1 iny si/.i.'S of facilities subject to review
tor ostii.Vi'ing the sire of a parking lot for1 a particular facility, above
'v
^ .::'ir;li '..'ill >~'"'jH in a Ior-.il violation of the carbon monoxide standard, assumptions
;' '?t I.. mr'-J:? rtv.ominn th': l^havior o,"n1otor vehicles in that parking lot under
j :.tiiii:.ted wr;.i. conditions. One refenice on parking lot design* gives dimensions
'l ff ju'.rkiiu! spr.r.cs. A perking unit is defined as two parking stalls plus an ai-il'-.
1i' ' ' O
w lor parking stalls at 90 to the aisle, the maximum dimensions for the unit ir. 6L>
"M
z" fret by 10 foct, for a tv.-o-way aisle. This amounts to a space requirement of OLIO
'
-------
' I
or pat t.i cu u:r areas, cor.'.-;vnsatio:i should be. made for existing air quality.
(} ) IV. fl, ir,n_ lo1:. for_j,hn;in IM:I _c.f:nt_ers , coi'.r^rci <'i]_ c1 "d_ ind:!1- !jr_i ri 1 _ _^' >'.'.''_! '''j'T-'lLl.:.'
ai.iii r- err.'.1 n_t_ p a r !: ^ ,_ o rid _rp c r e ^onji_]_ j. rr: a_s_
Activity in ter.u?. of trips ybh'.1 rated in these facilities will probably be
spread out over an 13-12 hour period, with a peak-to-off-pca!-. hour rciLii; o(
pcrhcip? ^ lo 4. Iv.'o v:pr?t condition ntuilyses v/ill bo noccr.sary--onc for I'hc
worst pvok hour and one for the v/urst 8-hour period, to determine! v;hich sl:.;uirit
(the one-hour standard of 3!i pp::i or the ei'ght-hour r.taiu!ard of 9 pp:n) v;i I ! be:
the limiting standard for the maximum parking area.
( a ) Horst pea ! .__h c-.ir
An estimate must be nade of the number of vehicles running in Liu:-
parking lot at any one time during the worst peak hour. For purpose:- of
niustration, assume that the parking lot contains one vehicle per each
'taTT (full Irt) ?,»
Figure 1 of Appendix 0 of 40 CFR Part 51. can bo used to determine; thi
maximum parking area. To achieve a downwind edge concentration of less
than 35 pp;-i, the area must be no longer than approximately 520 meters on
a side, which corresponds to a sqi/dre area of approximately 67 acres.
(b) K^sJ^Cj-hnur
For illustrative purposes, assume Ih-at for 8 hours, there are only
three-fourths tlu; iuxn!;ar of vehicles as parkir.g stalls and that only <1
percent of theuo vehicles are operating at any or.e Lime over tl.n 8 t.t-ur
JJiiM^oii r Pin i s -j i on density, E, is oilci/lnlcd as follows:
:^"^:>^ T^.sT"
.. f. r---'. ... .. * -. ^
-------
r /"OO ci CO \;l !ir \'l '.I.-.T1 \."i.7f. v--hif:1':l ;10.n fl?]
E,. , : ', ----.-;., :':,"['>'- i , , i '.' i ' ((} (}']}
8-hr \\"jiiu:le-nr (_.-'..-(iJ s,-.:c:. v. »'--' i i/- ' i.. 1 stiiil . vx i:K- ,' ^'ut-/
= 2.'is1 x 10~/1 c, i.O/s-c-ni''1
Trent Fiu'.n-..-'1 in '.; endix 0, to achieve a dov;nv,'ind tnlt;..' ccricctit.rni.ioii of
less lh.'::i !- pp:'.! (B-iic-i'i r.tan'd^rd), the: lot aiea i.iur-t l.-r no loirjor than
appro;;i;:: i)iul::r tl;^ cissn;r.;">tio:is nu'K-l-j above1., CO standard '..'O'.ilc! I"1
tlio 8-ho'jr stniulard, since the -nl.'Ove calculations yioVJc-d a snijllcr area
for the 8-hour condition than for the one-hour condition.
2. Parking 'Iotrv for snoi^s_^l_adiun^ , and cc.;nlqr!;j-/h_i\ch ca.'.or to ofr.ii>-s
in v.'hich natrons leave at one tims.
Maximum mobile source activity from these fucililies v;ill probui.-ly occur
f
over a short tinia period, |;crhaps an hour nr less. Assuir/r, for exr-i.'plc, that
the piirl'.ing lot is full and that 15 percent of the vehicles are running at ,any
one time. The one-hour etnission density, E, is then calculated as follov;s:
o f
F (9-Q-°. H C°._V1 1|p _)/l_ stall l/j_vp!vlc.lc:)/l_0._n ft/j . ,r, ' .
L "(vchfrkr-^rA3G"(;-r"sfcc"\32"b "f"i/-/\. I sti;'1TV(." \r?- '"") ('^!
= 1.25 x 10~3 g CO/sec-m2
A
Frcni Ficiure 1 in Appendix 0, to achieve a downvrind edge concentratioii of
less than 35 pp.'ii (1-hour standard), tlio. parking area must be no longer than
approximately 2GO meters on a side, which corresponds to a square area of
approximately 17 acres.
' A . -
-------
(1) f';:oVi i.i>-, v:i ! !' J'-rrk-inc.; f^Jil-.!02..
for c:,tii:!0i' ino the- sii-.i; or a parking lot. for a particular
facility, above v.'iiioh will result in local carbon monoxide conccn-
uv.tio:-'. ',:;i kh CM -.".A! 10 ,"jrr.(?n!: of the- carbon monoxide- standard,
assuir.pl in:)-, fin::-l !v i'.:;.!«Ic C'r.cc'rning the behavior of n.otor vehicles
in Hi a I p. irking "!>.>!. inidrr r-st invited v.'or.^t. condition:.. One reforcaco
on parkin-;] lot design'-1 yivo^ dii,,cnsicms of- parki'ng spaces. A
parkiiuj unit if. c!' fined :..<.; t.wo parkin cj stnlls plus nn aisle. For
parking stalls at f'O0 to ths cislc, tho niaxiir.um dinionsions for the unit
is 65 feot by 10 fecvl:, for n tv/o-v/ay aisle. This amounts to a space
requi r-en^nt .of 650 ft^/2 stalls = 325 ft2/stall. This arrangement permit'.
2 capacity of 135 cars per acre.
Assumptions \:--*rz made c cm earn ing automobile beiiavior in a parking
lot. Ar-sur.iing for a .v;orst-c.a:,e example Uiat vehicles travel an average
of five miles per hour in the lot '(which includes the time they are
idling) and the trrvel is of an urban (stop-and-go) rather than a rural;
(more or less steady speed) type, Conipi 1 ati on^ of Ai r Pol 1 uti on^F.flct.oj'^/-
yields an emission factor of GO g CO/ vehicle -mi >c for a 1975 distribution
of autoii-.ouile age and use, and an (extrapolated) speed adjustment factor
of 3.0. Therefore, the emission rate, Q, is:
"(l°3£2. ___ \ |?_lHLlk?
" "
. ___ _ ___
vchiclc"nn-2|. " hour j ' " vi.;i,,"cle hours
Assumptions concerning the behavior of motor vehicles in a parking
s~
lot depend upon the type of facility and the intensity of use over a tiir.
i.^l1!t'n.?..irLl.li'L-fli.t')L.\:'nj-.nr' orr?p/-r::d by l-Iillnir Sr.iilh and Associates, fJ-n; l!a\
Coniu.-ct i cm , uiir-er cor MI s';. ion fro:.
the Autc:i:otn'le t'rinuf acturers Ar>c;.o., iv?.y 1 ,:
ileviscd), U.S. Environment?!
N^riZLL^Jloi^ jn .j^j\clju]o:it_!;::^^o!ij^artr.rr._ (ileviscd), U.S. Environi::2n
l-rotcctioii Agency, Unicc: or" ATr i'rnrjror.is, kcfsearcli Triangle Park, U. C.,
February 1972, Public.-.', ion !'io. AP-^?"
-------
900_o CO __ (l hour __ l st ;ill f]_ V'/liicT(KK{f l__ (O.C'.-1;.
'" """ ~
pprioJ. Ar.r.ui.iinc; o cpir:.Ui:it \,'ind ?.p,'i.'d of 1 i!i/:-ecv and consto'it
wind dirocl.ioii with c1;r-s ''I)" atmospheric si-ability-, the graphical
rcla lien's hip tjiven in HTJV<;.' 1 of Appendix 0 of 40 CFtt Part bl can be
tne.. di.-t'"Ti.'':!i:': UK: I'VOOIINU part:iiuj area for a given dowir.vind conceit- '*''
trrilion and i- :;ioi-i density. InterpolaLion between curves 'was |
nee!.'?: My to t!::; lot-mine thr- rolationslvijis for the conditions of 10 per-
cent of the CO iv.ibient
p.p.m.).
Tim followituj calculations yield a si7.0 of tv.-c general categories
of complex sources above which should be subject to review; facilities
whose associated motor vehicle activity is spre?/! out over th.c period
of « day and facilities whose associated motor vehicle activity occurs
over ii short period. The size for both categories is 5 acres.
. .i_J ,_J_^_J^_...-.V._^-:..J..-:J <_.JI_- ^
Those facilities will include shopping centers, airports,
commercial and industrial developments, ar.-.usement parks, and ;
recreational areas. Activity in terms of trips generated by
these faci'nues v/i'il probably occur over ?n 0-1,: hour period wi in
n peak-to-off-peak IICUM- ratio of perhaps 2 to <1. Two worst conditi^-
analyses will bo necessaryone for the worst peak hour and one for
the worst (1-hoiT period.
(i} i'forf.'i peal; hour period
' Assume that the parking lot contains one vehicle per stall
(full lot) and Lhat of these, 2.2 percent are operating at nny c;
time. The emission density» E, is than calculated a? follov/'..:
vcri ce
= 1.0 X lo"'1 (j CO/r.-ec-n"
-------
Frn;n l-'iqiMV 1 in Appendix 0, to achieve n downwind edfje con-
'ccntra'io:i of ler.s tli;in ID percent of the one hour CO sliindard
(TO/, of 3'° p.p.m. = j.5 p. p.m.), the area must be no longer
than ~ :\-"o;:i ;>;; ' ely 1-''0 M;.'ters on a side:, which corresponds
to a rciforc1 area of approximately 5 acres (G75 stalls).
( i i ) Horst_ r'-hfif i\ (IF.r.i^l
Assume tii;1.'. 'for 8 hours, the' parking lot conUiins only
I hvc.'C- fourth:; thii nur.jher of vehicle".- as park TIKI stnllr. and
tliat only 0.7 percent of these vehicles are operating aL
any one time over the 8-hour period. 'Hie 8-hour emission
densi ty » E , is cal cul atod as f ol 1 ov/s : x
« ,
/9£0_ a _CO __ N f\ hour X' f] stal V 0 . 7_5_veJijj:lGj?\ f 1 0^
"8-hr "^ijfclfi hour''"33Ub S.Q'C 'g£> TF H" stall ,; \1 m^
' -'i " ? "' "
' O.'l x 10 J y CO/s&c-nr
f t
/
-Fvoni Figure -1 in Appandix .Q, vto .achieve .a. downwind cd:;c: concen-
tration of less than 10 percent of the 8-liour CO standard (10''
of 9.0 p.p.m. = 0.9 p.p.m.), the lot area must be no longer
than approximately MO meters on a side, corresponding to a square
area of approximately 5 acres (675 stalls).
(b ) Fnci 1 1 Llf: s v/honp associated inotor vg'n'cle activity occurs
over a short period, per.u'ps -an hour or less.
These facilities include sports stadiums and centers which
cater to affairs from v.'hich patrons leave at one time. Assume
t~+
that the lot is full (1 vehicle/parking stall) and that an average
of 2.2 percrnt of the vehicles arc running during the one-hour
period. Al thoygh the number of cars running at any one time- may h
much !n'cj,L-,;:r than 2.2':, > it is anticipated that a 5 acre hit could
-------
eu.f.'i.y in much loss than nn hour, thur,, rtyJucing the averag?
nuinhor uf car'. running during. the hour .to 2.2». 'flic om.'-hour
rpir.r.ion d'c:n:.i1y. t, is then calculated as follows:
\ '' ** / \ / \ ^ ?N
o rn 'M'I nour '/I stall |/1 vehicle !l(KR ll/.)/,, {,.,-\
n'icit.' iTKic/^i.;.-] V(/wvi/.'jT ffy \j" stalT>\~ m;r ~ / ^'u-<;'
« 1.8 x 10"" u CO/sec-m2
I'-. . ' ^
o 1 .in Appendix 0, to achieve a dnv,Tiv;ind cctcj:; con-
ccntration of less thsn 10 percent of the 1-hour standard
(10/i of 35 p. p. in. = 3.15 p. p.m.), the parking area must be no
longer then approximately 40 maters, which corresponds to a
square area of approximately 5 acres.
(Z) Hinhwa\'_s_
To estimate tha sizes of highways above v.'hich will result in local
"CO concentrations which exceed 10 percent of the carbon n'ono/.i o'e
standard., the line source modal HIWAY* was used to develop Figure 1
(enclosed) which depicts CO concentration as related to traffic on the (
roadway. The follov/ing assumptions were made in the development of
*>
Figure 1:
- 1 lane roadway of 400 m in length
- Receptor located as indicated in the diagram in Figure 1, at
2 in above ground,
- Angle between the direction of the wind euid the roadway 20 degree
-.Mobile sources emitting CO at 0 in above ground,
- Flat terra\ -i,
- Class "D" atmospheric stability,
- Wind speed of 1 m/sec,
- Vehicle spoed of 30 mph,
- 1975 automobile age and use distribution operating under urJj.--.ii
conditions.
*2iii;'ii3n;ian, -).ii., and "inn:-u)sori, R. S., "User's Guide? for HIHAY", papnr un-i:1;-
-- -- -I'.-- .....1^ fi^^L, M r _
i-nn "-
;'...
*
-------
AH!'C.u'|i> the > MI' plmn of a 1 lane rc;;;dv/oy was used, this Wti'.-
done sol.ciy for oMculiition purposes, "i'lio III KAY model has an option
for cPI.''cv"",1 ''h: [..-] ]i"v.! I'-o'.irco clfnm'ty raibnr thdn l:hc traffic
in racii ].::.--' (Mr. ^/f i->n '..'iis rhn-iC-n v;i :(, cit O.OU31
'jira.'iic/r.'irr;:-;.! r.utc" for the OUL- lone. Tin'? value correspond:, to 100
vehicles |c;r hour lor the 197'i v^lnclc i'CjO iuici use i!i stributicn o[:r,--r.Li;iy
cit S iii|)!i unc'^r uri'-'-'ii driving conditions. To obtain th:.- concent rations
correspoiifMnq to t.li? l<() inph condition, tlu; c.oncpntriiLionri. v/orc multiplied
by a factor of 0.33.
Tor a 1-hour CO conc'jntrotion of 3.T) p.p.m. (10'.' of 35 p.p.m.),
FiQurc 1 yields a maximum roadv/ay volume of approximately 700
vchicles/lir. !:or w C-hour CO c^ncontrj'.l'iori of 0.9 p.p.rn. (10^ of
9 p.p.UK)' Figure 1 yields a - iiuixinu/m rond'..'ny v-olumo of approximately
."ICQ .vein clos/Iir (i.e.., 14^10 vo.hi.c.lfts ,ovcr .8 hours).
These volumes v/ill be periodically revised to reflect changing
Vehicle.emission factors resulting from changes in vehicle age and use
distributions v/hich v/ill occur after 197C.
-------
.' \\f
.I:-:
L!X:
1
"".."...; I..
l;
t-.»vr-
*%-
APF IC , vehicle^ / h r
»-%*' ^"'t,^ ** N'" >«l"J7?J'"SfcrV''"''^
-------
7'TATF. OF IDAHO
i r .r f C* T»" AMC' "' " V r-CNKHAi.
H C ! I" £ n 7 7 2 O
Augur, t 1'i, 1973
!-'r. Robi-'.-rt A. r-.',;-, hue 11
Gcncrr. 1 Counriel
Lea a ] S o r v d c y .'-
Dep" r-f-jru-nh of F.ixvitonnv.mLal
cincl C'.ir'i'nv.Tij t,y .'>'" rvi coo
Gtatehouco
Boise, ID 837/0
11E: Opinion, "complex sources"
Dear Mr. Bushncll:
vrM-i Vi^v^ ?" '.T"|O57- 1".'-1'"'' ""' Ah-hortiov General ' B opinion on the Icaaj.
px\thurity of tho Dopartr.v.nt of Environmental and Community Service:
to rcvicv.* end n:.nd the Rules and
s promulgated by the Hoard of Enviro;:niO'.ntal and
-------
, 3973
';.;.iC "2-
'^i'!!ii'.init:y li.i.cv.ico.s ri.l.rujlit,}ic:3 the following l'r.:\l authority of the
.:|-.,'.i!:t.j to rojulJtc "cr.;:;p?.c>: so'.n.ces":
1 , ''<;!" tr-vnt ''c'iiur.lc:: sources" is not confined :> n -.ny
nt ;> . i;u '. > of i:.hf- Si, 'it-r oc Jdrho or in any rufo or rc-gii.! ,-,tion
oJ: t)K' i...'.viru or. iwivi;.o(irvi'jnt..il and Coiiuuuitil:/ .'.Y.-cvic'' :; ;
th-.'.-.vo.':' '>>'>, I Ix1 O.'-p-'.r i.rncnl-. oC Envirornnent.?.1. e-.rid Conv:iitn.:.ty
tl^i.'V' c^:". rlc-::.-. noi: liavn C::OI:£JL2. ^'-^-'"-'"ity 'Ln r«:visv or
rtnulatc "ccinplo.:-: roorccs""
"2. IJ.y in!plicc\t..lon, howov^r, the r>iai-.r: do-..:; ]i;-:.vc legal
author! ty to rcvi.ow and rcsjulate "comple:: .sources " . All
. .. . ::ule in, i;'..i.ru| for liio Dc?part-:nont o£ Fnviron; -...ut.'i V and Coip:nun-
ity Ecrv.i.cos ijj vested in the Board of Lnvj .-.onin^nL..''.! unci
Coimun.-i-ty Services. 39-104(1), 2LSlilJ.'l° 92PC- rj-''llj Uo;ir^ in --Y
.:: .adopt necessary i'.nd toas.i}?le rules, rngui"."'. Lions, cedes-; and
.::.: ntandardo in order to carry out tbo purpo";/:.' of tVic-
Health .and Protection Act of 12. Any rules
and regulations adopted hy the JBoajrd of r.nviT;on;r.cni:fi.l and
Community Services becoiae a part of the Id; -ho Code and have
->-: :the force of lav/. 39-107(8).
^ Tn,-iv' rf-?rrui'»"n t.hm rocjij'.t/'ation of: persons
rrin an activity capable of emitting air conv^Minantr.; and, also,
r ': to require said persons to file reports rolr.ling
~.~ to locations, size of outlet, height of outlet, rate
;..... ano period of emissions and composition of. effccicnt,
and such other inf qrinalyj on as the Bo^"-'!. nhall pro-
scribe relative to air jpoi'lutiou. (ouii/a^.^is supplied)
"
3. The statutes cited above establish bt'.v 1 1 rp 1_
of Air Fo.llu.l:ion in Idaho . ( h e. r ( j i n a £ t c r Ru^t. e s_ )
The expansix'e language in the definition of.
"source"., ("by reason of which") -clu-arly includes
-------
f.7iis-..; ':' :i .friv." ::<.".irecs v;Mch are also ' co;up 1.-.>;: souj-ct?-1'
b. J\jj.r.iit to Co;;:-.truet
i."i c'vc.nr. . .. sholl co:anicnce C"'P5'. LviiCi .i on . . .of r-ny
' L.i.'..:!-J. r :on'.:!.:. . .'.'i thouf; J"i:.;^L o:jtaiain':r a
} . ;v ;!;. -ri.) :.'i^n:;i-.ri.1'7t Lrom the Dopar LV.-.:TP.. 5 3(1'),
«". perrait Io conctrr<"(-. will b-1 L"...M ic-i .'iiy auplicnn L
vv.lf:.'--:, LliL* pro | -.;:.C'.l conn LrP.ction ir .^iio1.-1.' i.o ht: a :-;rnucr
v;.hich u'iiJ. :
. . .oj-iorai'.o \;.i t.hout caur.in« a vvoln <:i '.'»'/ of ciny local,
:-;i..7.tc, or i-'cclorcU. Air Pollnc-iou CoaL.rc'.l rio'-jul.-. l.j.on .
[And j . . .no l: pvevp.nt'. or inhc.-Ttcr:;' wif h ^.; fr.ainmon t or
in g i n t c. : n an c o of euiy M.-\uional K '':.o..'.idiird . (emphasis
suF"plicd") " f, '3 (C) (1) (a) & (b) , KuJes.
ConctrnctJ.cn of aiiy r.ourco v-j.l!?. not be pcrnihted if
the?, maintenance of any Federal .standard promulgated pur-
suant to the Clean Air Act ic put in 'jeopardy by thn
proposed cons'truct.j on.
c* IlnJ.Liple Ctandards
'vhsrc more than one ambient air quality standard or
emission standard i:vy apply to :\ P£;^- l"-i^1']1''ll"_-i(:'y.nj--ip£L
all such standards raust be ir.rvt for tot"ii compliance..
(emphasis supplied) <5 8,
In summary, The Board of Environmental and Community Serv.icec
:.\3 statutory authority to promulgate: ruler, and rogi1 ! otions rein ti
o the control oC any SOUJ/CG of pollution occurimr J'P the Gt^vLc of:
5::ho. 39-104 (1), 39-105. (2) , Idfrho Code. The Dupr.rl- -lonl. of
aviron'.r.e.ntal and Community Se.rviccs has statutory authority to
squire the registration of personr- engaged in the coufitruct J on of
iy facility capable, of emitting air contaminants into the air, and
o ' require those persons engaged -in construction to submit reports
clatixre to air pollution. 39-110, Idaho Cqde_,
The Board of Envirorcnental and Community Services has adinin-
:strativo authority to control sources of air pollution by virtue
l! promulgating the Rulen and _Req_ujLationj; f.or_ thi? Con tro 1 o f A i.r_
'Dilution in Id.^hcK Section 3(13), Allies ^rc(.juirtF3~a"pTi"fiirir. jTr~io~r
o new construction of any stationary so'urcn. Secticu 3 (1) (a) ,
''.lElf. n-'-tricts permits to sources vhich will not violate any state,
ocal or Federal Air Pollution Regulation. Section 3(l)(b), Kuleo
..strict.-, permit:- to rourrcs v/hich u-ilJ not interfere v/i.th tho
ctain'nent or maintenance' of any national standard.
^y^^^r^.';:-; .sii^,:<._/.:;,:: ^_-.. - .s,^^^ >-...,"v.:r.«
-------
{;r. Do.:- in:'--] 1
f -rrvr; c !v'i r( .1973
',. ..go -*-
Therefore, rt.!/i:h'>v":rh th-;> Departro/MU-. of Km: jroiiin^r. !.;. .1 and
Cowniuniti; :'" i"v:> <-..*: cior-s no\- have express slnf -v'.-.ory or jcir.n.ni. r.t-.ra-
Livc aul i;of- i. l-v l-o r, >\i .i ...--; .-n.-l re. qu.l n (-.(. "coir.rO r-:: -ourc":." prior
(o (.:^:^:.(- ;:T:'- on r i. }- p, ; -r'- -;it oi L.'fiv .i.ronr.nr. I-.... J. ana CU.MUUIIJ. ty
(>rvicc:; '('-:. hr.v i !:" L.i --".I -i.u Lhor'iVy , Ijoth .' 1 ;. Li'.tory ..;i;:j adrainj :; Lu-i--
{..i-fe, to r-'"/ic!'-.' :';vT. .vr.^n V-;.'- : "ctirnp.lcv: nouic-. r:1" prior, ^.n coiii'itrncl: ion.
The- .tc-cjr;l iM'-' 'i ^ri.l. i. <:;:-.; c;j.tcc;l IIL-J r.i;i CAT:: ^r\ j.':qal i.'-)xc^ and
.-.p.i'i aro civ.vi " I'tlv: to Lho ftar.c on tlii:.. ci'iLc.-.
r r - -
TOR
J. 1';:r.llegar
Assict^ni; .Attorney General
Depart;.,i:ui: of Ei'^'.r
and Cc^^-tjy^it S^
-------
H/26/74
-------
Ui 1)378,^
i
L" IL H ANOHUS
STATE OF IDAHO
Office OF THE GOVERNOR
BOISE:
August 15, 1973
Mr. James Agee
Environmental Protection
Agency
Region X
1200 6th Avenue
Seattle, Washington 98101
Dear Mr. Agee:
Attached are copies of all State legislation affecting the State's Air
Pollution Control Program that have been enacted since the Idaho Air
Quality Implementation Plan was submitted to your office.
Also attached is an updated Attorney General's opinion relative to
the State's present legal authority to administer the Air Pollution
Control Program.
Please incorporate these attachments into Idaho's Air Quality Implemen-
tation Plan.
Sincerely,
CECIL D. ANDRUS
GOVERNOR
pw
-------
U103785
STATE OF IDAHO
Of^lCC OF THE ATTOHNET GCNCRAl
i >MTHONY PARK BOISE 8372O
*r»UHNLT GCNtflAL
August 2, 1973
Mr. Robert A. Bushnell, Jr.
General Counsel
Department of Environmental
and Community Services
STATEHOUSE MAIL
i '
' Dear Mr. Bushnell:
You have requested an Attorney General's opinion on the
legal enforceability of the Plan for the Control o£ Air
Pollution in the State of Idaho. As you have noted, legisla-
tion enacted during the 1972 and 1973 legislative sessions
repealed, added to or changed the legal basis for enforcing
__- the above plan. The Attorney General's opinion herein conforms
the previous legal opinion contained in this plan to the present
laws of the state of Idaho and to the rules and regulations
promulgated by your department:.
This opinion is written in conformance with §420.11,
Volume 36, No. 158, Federal Register, August 14, 1971.
1. POLICY
In 1972, the Legislature of the State of Idaho expressed
*. y< the state policy on environmental protection as follows:
It is hereby recognized by the legislature that
1 the protection of the environment and the pro-
^ motion of persoanl health are vital concerns
and are therefore of great importance to the
-» future welfare of this state. It is therefore
declared to be the policy of the state to pro-
vide for the protection of the environment and
the promotion of persoanl health and to thereby
protect and promote the health, safety and
general_ welfare of the people of this state.
39-102, Idaho Code.
-------
/ V
Mr. Bushnell 0103786
August 2, 1973
?agc -2-
2. LEGAL AUTHORITY TO ADOPT EMISSION STANDARDS
The Environmental Protection and Health Act of 1972 grants
the administrator authority to recommend for Board approval,
regulatory standards relating to air pollution, including
emission standards, by providing that:
The administrator shall ... recommend to the
board, rules, regulations, codes and standards,
as may be necessary to deal with problems re-
lated to ... air pollution .. which shall,
upon adoption by the board, have the force of
law relating to any purpose which may be
_ necessary and feasible for enforcing the pro-
visions of this act ... . 39-105, Idaho Code.
j .
The Board has statutory authority to:
... adopt regulations, rules ... and standards
... necessary ... to carry out the purposes ...
of this act ...
The regulations, rules, and orders so adopted ...
shall ... have the force and effect of law and
' may deal with matters deemed necessary and
, feasible for protecting the environment or the
health of the state ... . 39-107(8), Idaho Code.
In the 1973 session of the Idaho Legislature, House Bill
149, as amended, was enacted. This law, Chapter 137, 1973
Idaho Session Laws, greatly increased the Department's legal
authority to abate specific sources of air pollution. Chapter
137, supra, provides that:
The administrator shall have authority to
prepare for board approval compliance sche-
dule orders to any person who is the source
\ of any ... air contaminant .. for which reg-
ulatory standards have been established ...
~ Any compliance schedule order when affirmed
^ by the board ... shall become a final order.
Chapter 139, 1973 Idaho Session Laws.
The expansive reach of the above statute is facilitated by
defining "air contaminant" to mean:
.. . the presence in th>5 outdoor atmosphere
of any dust, fume, mi:.;!:, smoke, vapor, gas
or other gaseous fluio or particulate sub-
stance differing in cc-.aposition from or
-------
U1U3787
Mr. Bushnell
August 2, 1973
Page -3-
exceeding in concentration the natural
components of the atmosphere. 39-107(5),
Idaho Code.
3. LEGAL AUTHORITY TO ENFORCE LAWS, RULES AND REGULATIONS
RELATING TO AIR POLLUTION
The statutes of the State of Idaho afford five enforceable
actions for violations of air pollution rules and regulations
and laws.
a. Civil Injunction
If ... corrective measures are not taken in
accordance with the order of the board, the
administrator may institute a civil action ...
for injunctive or mandamus relief ... .
39-108(5), Idaho Code.
b. Civil Penalty
Any person determined ... to have violated ...
this act or any rule or regulation ... shall
be liable for a civil penalty not to exceed
$1,000.00 per day ... . 39-108(6), Idaho Code.
c. State Expenses In Bringing Action
... any person who violates this act shall
be liable for any expense incurred by the
state in enforcing the act 39-108(7),
Idaho Code.
d. Criminal Action: Misdemeanor
Any person who willfully or negligently
violates any of the provisions of the ...
environmental protection laws or ... any
... order, permit, standard, rule or regula-
tion ... shall be guilty of a misdemeanor and
* upon conviction thereof shall be punished by
a fine of not more than three hundred dollars
... Chapter 137, 1973 Idaho Session Laws.
e. Actions For Nuisance
(1) Civil
Anything which is injurious to health or
morals, or indecent., or offensive to the
senses, or obsti iction t^ ^~ *
-------
t-
Mr. Bushenll n
August 2, 1973 ^
Page -4-
of property, is a nuisance and the subject
of an action ... the action may be brought
, by any person whose property is injuriously
affected, or whose personal enjoyment is
lessened by the nuisance; and by the judgment
the nuisance may be enjoined or abated, as
well as damages recovered. 52-111, Idaho Code.
(2) Criminal
Anything which is injurious to health, or is
indecent, or offensive to the senses, or an
obstruction to the free use of property, so
as to interfere with the comfortable enjoy-
ment of life or property by an entire commun-
ity or neighborhood, or by a considerable
number of persons ... is a public nuisance.
18-5901, Idaho Code.
Every person who ... commits any public nuisance
is guilty of a misdemeanor. 18-5903, Idaho
Code.
4. LEGAL AUTHORITY TO ABATE POLLUTANT EMISSIONS DURING AN
EMERGENCY
The county prosecuting attorney or the Attorney General may
... in circumstances of emergency creating conditions
of immediate danger to the public health ... institute
a civil action for an immediate injunction to halt
any ... emission or other activity in violation of
provisions of this act or rules and regulations .pro-
mulgated thereunder. In such action the court may
issue an ex parte restraining order. 39-108(10),
Idaho Code.
Summary power to abate air pollution airses if:
... a generalized condition of air pollution exists
and that it creates an emergency requiring immediate
action to protect human health or safety, the board,
with the concurrance of the Governor as to the
existence of such an emergency shall order persons
causing or contributing to the air pollution to
reduce or discontinue immediately the emission of
air contaminants ... . 39-112, Idaho Code.
5. LEGAL AUTHORITY TO PREVENT CONSTRUCTION OR MODIFICATION OF
STATIONARY SOURCES
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Mr. Bushnell '* Ul(J378(
August 2, 1973
?age -5-
Pursuant to administrative rule making authority delegated
to the Board in 39-107(8), supra, the Board has promulgated, and
has presently in effect, the following rules relative to
stationary source construction:
a. No owner or operator shall commence construction
or modification of any stationary source ... with-
out first obtaining a Permit to Construct from the
department. § 3(B), Rules and Regulations for the
Control of Air Pollution in Idaho, (hereinafter Rules.)
b. No permit to construct or modify will be granted
unless the applicant shows to the satisfaction of
the department that: a) The source will operate
without causing a violation of any local, state,
or Federal air pollution control regulation. b)
The source will not prevent or interfere with
' attainment or maintenance of any national standard.
§ 3(C) (1) (a)&(b) , Rules.
6. LEGAL AUTHORITY TO OBTAIN COMPLIANCE INFORMATION
The administrator has legal authority to:
... conduct a program of continuing surveillance
and of regular or periodic inspection of actual
or potential ... air contamination sources ... .
39-108(2)(a), Idaho Code.
The administrator can also:
Enter at all reasonable times upon, any private or
public property for the purpose of inspecting -or
investigating to ascertain possible violations of
this act or of rules, standards and regulations
adopted and promulgated by the board. 39-108(2)
(b), Idaho Code.
Furthermore, the administrator:
... may require a person engaged in an activity
which may violate the Air Pollution Control Act
... to ... keep and maintain appropriate records
... to demonstrate compliance. § 4(A)(3), Rules.
7. LEGAL AUTHORITY TO REQUIRE STATIONARY SOURCE MONITORING
Persons engaged in operaticas which may result in air
pollution may be required to be registered by the Board and to
file :
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X-
x , ,,
Mr. Bushenll U1U3790
August 2, 1973
Page -6-
"" ... reports ... relating to locations, size of
outlet, height of outlet, rate and period of
emission and composition of effluent, and such
other information as the board shall prescribe
relative to air pollution. 39-110, Idaho Code.
Registration of existing sources is mandatory pursuant to
Section 3(A), Rules.
The Administrator can require persons to:
... monitor air contaminants at the source, in
the ambient air, or in vegetation to demonstrate
compliance [if said persons are] ... engaged in
_ an activity which may violate ... air pollution
laws or regulations of the state. § 4(A)(3),
Rules.
8. LEGAL AUTHORITY TO MAKE EMISSION DATA AVAILABLE TO THE PUBLIC
The only legal impediment to releasing emission data to the
public is contained in 39-111, Idaho Code, which provides that:
_ Any records or other information furnished to the
board ... concerning ... production or sales
figures or ... processes ... which tned to affect
adversely the competitive position of such owner
... shall be only for the confidential use of the
board ... unless such owner ... shall expressly
agree to their publication or availability to the
general public ... .
- All other emission data could be released to the public.
' 9. CONCLUSION
Based upon the foregioing, the State of Idaho has legal author-
\ ity to adopt emission standards; enforce applicable laws; regula-
>> tions, and standards, and seek injunctive relief; abate pollutant
emissions on an emergency basis; prevent construction, modification
'"* or operation of any stationary source; obtain information neces-
- sary to determine compliance with applicable laws, standards and
regulations; and to require monitoring of stationary sources by
' the owner.
The legal authorities cited herein are in legal force and
effect and are available to the State on this date.
FOR THE ATTORNEY (^ENERAL
/
Ron J. Twilegar
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c
c
ol tba Suta of ItUho] . [ Forty - »«co nd
IN THE HOUSE OF REPRESENTATIVES '
HOUSE' BILL NO. 148
BY HEALTH AND WELFARE COMMITTEE
[Fint Rf*uL»r Seviion I) 1 U J
iFortv-aecond Lcxi^'u
1 AN ACT
2 AMENDING CHAPTER 1, TITLE 39, IDAHO CODE, BY THE ADDITION
3 ' OF ANEW SECTION 39-118, IDAHO CODE, PROVIDING FOR THE
* REVIEW OF ALL PLANS AND SPECIFICATIONS FOR
5 CONSTRUCTION OF SEWAGE SYSTEMS, SEWAGE TREATMENT
6 PLANTS, OR OTHER TREATMENT OR DISPOSAL SYSTEMS,
7 PUBLIC WATER SUPPLY OR WATER TREATMENT SUPPLY
8 SYSTEMS PRIOR TO BEGINNING CONSTRUCTION AND
9 " PROVIDING FOR THE WAIVER OF THIS REQUIREMENT; AND
10 ' DECLARING AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
.12 SECTION 1. That Chapter 1, Title 39, Idaho Code be, and the same is
13 hereby amended by the addition thereto of a new section, to be known and
1-4 designated as Section 39-118, Idaho Code, and to read as follows:
15 39-118. REVIEW OF PLANS. - All plans and specifications for the
16 construction of new sewage systems, sewage treatment plants or systems,
17 other waste treatment or disposal facilities, public water supply systems or
IS public water treatment systems or for modification or expansion to existing
19 sewage treatment plants or systems, waste treatment or disposal facilities,
20 public water supply systems or public water treatment systems, shall be
21 submitted to and approved by the department of emrironmental protection
22 md health before construction may begin. If the department determines that
23 . any particular facility or category of facilities will produce no significant
24 impact on the environment or on the public health, the department shall be
25 authorized to waive this requirement for 'that facility or category of
26 facilities.
__ __
27 -SECTION 2.. An emergency" existing therefor, which emergency, is
23 hereby declared to exist, this act shall be in full force and effect on and after
20 its passage and approval.
H
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[First Regular Soiuion (J I [ I 'J O fi n
Lefiil*ture of Ux» State of Idaho] (Forty-eecond LeguUature x w ° u u '-
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 149
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 AMENDING CHAPTER 1, TITLE 39, IDAHO CODE, BY THE ADDITION
3 OF A NEW SECTION 39-117, IDAHO CODE, PROVIDING
4 ' PENALTIES FOR VIOLATION OF PUBLIC HEALTH OR
6 ENVIRONMENTAL PROTECTION LAWS, BY MAKING SUCH
6 VIOLATIONS MISDEMEANORS; AND DECLARING AN
7 EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 1, Title 39, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a new section, to be known and
H designated as Section 39-1 17, Idaho Code, and to read as follows:
12 39-117. VIOLATION-PENALTY-MISDEMEANOR.-Any person
13 who violates any of the provisions of the public health or environmental
14 protection laws or the terms of any lawful notice, order, permit, standard,
'15'-' rule or regulation issued pursuant thereto, shall be guilty of a misdemeanor
16 . and upon conviction thereof shall be punished by a fine of not more than
17 three hundred dollars (S300) or by imprisonment for a term of not more
18 than six (6) months or by both fine and imprisonment for each separate
19 .. violation. Each day upon which such violation occurs shall constitute a
20 separate violation.
21 SECTION 2. An emergency existing therefor, which emergency is
22 hereby declared to exist, this act shall be in full force and effect on and after
23 its passage and approval.
H
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U1U380
[First Regular Sermon
Legislature of the Stntc of Idaho] I Forty-second lx-|-isliiture
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO II. B. 149
1 AMENDMENTS TO SECTION 1
2
3 On page I of the printed bill, in line 13, following the word "who", and
4 before the word "violates", insert the words, "willfully or negligently".
5 On page I of the printed bill, delete lines 17 and 18, and insert in lieu
6 thereof the following: "three hundred dollars (S300) for each separate".
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U1U3802
. , [First Regular Session
Legislature of the State of Idaho] [Forty-second Legibluture
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 150
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 AMENDING CHAPTER 1, TITLE 39, IDAHO CODE, BY THE ADDITION
3 OF A NEW SECTION 39-1 15, IDAHO CODE, AUTHORIZING Till:
4 ADMINISTRATOR OF ENVIRONMENTAL PROTECTION AND
5 HEALTH TO ISSUE POLLUTION SOURCE PERMITS IN
6 COMPLIANCE WITH STANDARDS AND PROCEDURES
' 7 .PROMULGATED BY THE BOARD OF ENVIRONMENTAL
8 PROTECTION AND HEALTH AND PROVIDING FOR
9 ENFORCEMENT OF THE PERMITS; PROVIDING FOR
10 SEVERABILITY; AND DECLARING AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Chapter 1, Title 39, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a new section, to be known and
14 designated as Section 39-1 15, Idaho Code, and to read as follows:
15 39-115. POLLUTION SOURCE PERMITS. - (1) The administrator
16 shall have the authority to issue pollution source permits in compliance with
17 the standards and procedures established by the board of environmental
18 protection and health.
19 (2) The administrator shall have the authority to sue in competent
20 courts to enjoin any threatened or continuing violations of any pollution
21 source permits or conditions thereof without the necessity of, a prior
22 revocation of the permit.
23 SECTION 2. The provisions of this act arc hereby declared to be
j 24 severable and if any provision of this act or the application of such provision
a 25 to any person or circumstance is declared invalid for any reason, such
26 declaration shall not affect the validity of remaining portions of this act.
' '^k»
27 SECTION 3. An emergency existing therefor, which emergency is
28 hereby declared to exist, this act shall be in full force and effect on and after
29 its passage and approval.
H 150
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U103803
c
[Firrrt Regular Session
Legislature of U* SUta of Idaho] [Forty-second Lc«udature
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 152
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 AMENDING CHAPTER 1, TITLE 39, IDAHO CODE, BY THE ADDITION
8 OF A NEW SECTION 39-116, IDAHO CODE, AUTHORIZING THE
4 ADMINISTRATOR OF ENVIRONMENTAL PROTECTION AND
5 HEALTH TO ISSUE COMPLIANCE SCHEDULES TO FACILITATE
6 COMPLIANCE WITH REGULATORY STANDARDS TO BECOME
7 EFFECTIVE AT A FUTURE DATE; AND DECLARING AN
8 EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Chapter 1, Title 39, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a new section, to be known and
12 designated as Section 39-1 16, Idaho Code, and to read as follows:
13 39-116. COMPLIANCE SCHEDULES. - The'administrator shall have
14 the authority to issue compliance schedule orders to any person who is the
15 source of any health hazard, air contaminant, water pollution, solid waste or
16 noise for which regulatory standards have been established, such standards to
17 become effective or to be altered at a future date or at future successive
18 dates. The purpose of any compliance schedule order shall be to identify and
19 establish appropriate acts and time schedules for interim actions by those
20 persons who will be affected by future standards, such acts and schedules
21 being designed to assure complete compliance by those affected with the
22 prospective standards at their future effective dates. The administrator shall
23 solicit the cooperation of the person to whom the compliance schedule order
24 wjii be directed in the selection of the terms of such order. Any compliance
25 schedule order when affirmed by the board of environmental protection and
26 health shall become a final order.
27 SECTION 2. An emergency existing therefor, which emergency is
28 hereby declared to exist, this act shall be in full force and effect on and after
29 its passage and approval.
H 152
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[First RfRulnr Session U ^ 0 U 4
Legislature of the State of Idaho] [Kurty-scornd legislature
IN THE MOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO II.B. NO. 152
1 AMENDMENT TO SF.CTION 1
2
3 On page 1 of the printed bill, in line 14, after the words "authority to"
4 delete the word "issue" and insert in lieu thereof the words "prepare for
5 board approval".
G On page 1 of the printed bill, delete line 16, and insert in lieu thereof
7 the following: "noise for which regulatory standards have been established,
8 including standards then in effect or to".
9 On page 1 of the printed bill, in line 17, delete the words, "or to be
10 altered".
11 On page 1 of the printed bill, delete lines 20 through 22 inclusive, and
12 insert in lieu thereof the following: "persons who are or who will be affected
13 by regulatory standards, such acts and schedules being designed to assure
14 timely compliance by those affected with the regulatory standards. The
15 administrator shall".
16
17
18
19 CORRECTION TO TITLE
20 On page I of the printed bill, in line 5, after the words "HEALTH TO"
21 delete the word "ISSUE" and insert in lieu thereof the words "PREPARE
22 FOR BOARD APPROVAL".
23 On page 1 of the printed bill, m line 6, following the word
24 "STANDARDS", and before the word 'TO", insert the words, "IN EFFECT
25 OR".
'(- *' ' -riil
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(Kiret Kctfular Session
Legiikture of tic Stale of Idaho] [Forty-second Ugwlat
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 203
BY HEALTH AND WELFARE COMMITTEE
I AN ACT '
2 AMENDING SECTION 39-103, IDAHO CODE, RELATING TO THE
3 DEFINITION OF TERMS, BY STRIKING A PHRASE IN
4 SUBSECTION 15, AND INSERTING IN LIEU THEREOF A PHRASE
5 AUTHORIZING THE DEPARTMENT OF ENVIRONMENTAL
6 PROTECTION AND HEALTH TO DEFINE AS PUBLIC WATER
7 SUPPLY ANY SUPPLY WHICH HAS POTENTIAL HEALTH
8 SIGNIFICANCE; AND PROVIDING AN EFFECTIVE DATE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 39-103, Idaho Code, be, and the same is
11 hereby amended to read as follows:
12 39-103. DEFINITIONS. Whenever used or referred to in this act,
13 unless a different meaning clearly appears from the context, the following
14 terms shall have the following meanings:
15 1. "Board" means the board of environmental protection and health.
16 2. "Department" means the department of environmental protection
17 and health.
18 3. "Administrator" means the administrator of the department of
19 environmental protection and health.
20 4. "State" means the state of Idaho.
21 5. "Air contaminant" or "air contamination" means the presence in
22 the outdoor atmosphere of any dust, fume, mist, smoke, vapor, gas or other
23 gaseous fluid or particulate substance differing in composition from, or
24 exceeding in concentration the natural components of the atmosphere.
25 6. "Air pollution" means the presence in the outdoor atmosphere of
1 26 any contaminant or combination thereof in such quantity of such nature and
> 27 duration and under such conditions as would be injurious to human health
. .^ 28 or welfare, to animal or plant life, or to property, or to interfere
29 unreasonably with the enjoyment of life or property.
30 7. "Emission" means a release or discharge into the outdoor
31 atmosphere of any air contaminan-t or combination thereof.
32 8. "Water pollution" is such alteration of the physical, thermal,
33 H 203
Bold Typo Indicates Added Material Struck
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U1U3806
1 chemical, biological or radioactive properties of any/waters of the state, or
2 such discharge of any contaminant into the waters of the state as will or is ^ .[)
3 likely to create a nuisance or render such waters harmful or detrimental or
4 injurious to public health, safety or welfare or to domestic, commercial,
5 industrial, recreational, esthetic or other legitimate uses or to livestock, wild
6 animals, birds, fish or other aquatic life.
7 9. "Waters" means all the accumulations of water, surface and
8 underground, natural and artificial, public and private, or parts thereof
9 which are wholly or partially within, flow through or border upon this state.
10 10. "Solid waste" means garbage, refuse, and other discarded solid
11 materials, including solid waste materials resulting from industrial,
12 commercial, and agricultural operations, and from community activities, but
13 does not include solid or dissolved materials in domestic sewage or other
14 significant pollutants in water resources, such as silt, dissolved or suspended
15' solids in industrial waste water effluents, dissolved materials in irrigation
1C return flows or other common water pollutants.
11 11. "Solid waste disposal" means the collection, storage, treatment,
18 utilization, processing or final disposal of solid waste.
19 . 12. "Laboratory" means not only facilities for biological, serological,
20 biophysical, cytological and pathological tests, but also facilities for the
21 chemical or other examination of materials from water, air or other (
22 substances.
23 13. "Person" means any human being, any municipality, or other
24 governmental or political subdivision or other public agency, any public or
25 private corporation, any partnership, firm, association, or other organization,
26 any receiver, trustee, assignee, agent or other legal representative of any of
27 the foregoing, or any other legal entity.
28 14. "Public swimming pool" means an artificial structure, and its
29 appurtenances, which contains water more than two (2) feet deep which is
30 used or intended to be used for swimming or recreational bathing, and which
31 is for the use of any segment of the public pursuant to a general invitation
32 but not an invitation to a specific occasion or occasions.
33 15. "Public water supply" means all mains, pipes and structures
34 through which water is obtained and distributed to the public, including
35 wells and well structures, intakes and cribs, pumping stations, treatment
36 plants, reservoirs, storage tanks and appurtenances, collectively or severally,
37 actually used or intended for use for the purpose of furnishing water for
38 drinking or general domestic use in incorporated municipalities; or
39 unincorporated communities where ten (10) or more separate lots or
jn pr^T'i rt i _ s ip1? bcitiQ fr'opi'?'.! or inP- ~id'-'d to be ECP/ccli riCuto ovvfUHJ nnrlic 3ntl '^^
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UJ.U3807
c
1 memorials; and gtakj-ownod oducotionalrcharitablj, nr inu-i.il institutions-
2 premises or households are being served or intended to be served; or any
3 other supply which serves water to the public and which the department of
4 environmental protection and health declares to have potential health
5 significance.
$ SECTION 2. This act shall be in full force and effect on and after July
1 1,1973.
o
c
H 203
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[First Rejfular Session
Legislature of the SUte of Idaho] ' [Forty-second Legislature
IN THE HOUSE OF REPRESENTATIVES
HOUSE. BILL NO. 187
BY HEALTH AND WELFARE COMMITTEE
! AN ACT
2 PROVIDING FOR THE MERGER OF THE DEPARTMENT OF
3 ENVIRONMENTAL PROTECTION AND HEALTH, THE
4 DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES,
5 AND THE STATE YOUTH TRAINING CENTER INTO A SINGLE
6 STATE AGENCY TO BE KNOWN AS THE DEPARTMENT OF
7 ENVIRONMENTAL AND COMMUNITY SERVICES; PROVIDING
8 DEFINITIONS OF TERMS; PROVIDING FOR AN
9 ADMINISTRATOR OF THE NEW AGENCY, PROVIDING FOR
10 SUBDIVISIONS OF THE NEW AGENCY, AND AUTHORIZING THE
11 GOVERNOR TO ESTABLISH SUBSTATE ADMINISTRATIVE
12 REGIONS; VESTING ALL POWERS, DUTIES, AND FUNCTIONS OF
13 THE COMMISSIONER AND DEPARTMENT OF SOCIAL AND
14 REHABILITATION SERVICES AND OF THE ADMINISTRATOR OF
15 THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND
16 HEALTH, AND THE EXECUTIVE AND ADMINISTRATIVE
17 . POWERS, DUTIES AND FUNCTIONS OF THE STATE BOARD OF
lg EDUCATION OVER THE STATE YOUTH TRAINING CENTER IN
19 THE ADMINISTRATOR OF THE DEPARTMENT OF
20 ENVIRONMENTAL AND COMMUNITY SERVICES, AND VESTING
21 ALL RIGHTS AND TITLE TO PROPERTY NOW HELD BY THE
22 MERGING UNITS IN THE DEPARTMENT OF ENVIRONMENTAL
23 . AND COMMUNITY SERVICES, AND PROVIDING THAT ALL
24 CODES, RULES, REGULATIONS, STANDARDS, PLANS,
25 LICENSES, PERMITS, AND CERTIFICATES HERETOFORE
2g ADOPTED OR ISSUED BY THE MERGING UNITS SHALL REMAIN
2? . IN FULL FORCE AND EFFECT; ESTABLISHING A BOARD OF
28 ENVIRONMENTAL AND COMMUNITY SERVICES, AND VESTING
2g THE POWERS AND DUTIES OF THE BOARD OF
ENVIRONMENTAL PROTECTION AND HEALTH AND THE RULE
30
31
MAKING FUNCTIONS PERTAINING TO THE STATE YOUTH
32 TRAINING CENTER IN THE BOARD OF ENVIRONMENTAL AND
H 187
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2 UlUJULW
1 COMMUNITY SERVICES; PROVIDING FOR THE SUBSTITUTION
2 OF THE WORDS DEPARTMENT OF ENVIRONMENTAL AND
3 COMMUNITY SERVICES FOR THE WORDS DEPARTMENT OF
4 SOCIAL AND REHABILITATION SERVICES, DEPARTMENT OF
5 ' ENVIRONMENTAL PROTECTION AND HEALTH, AND STATE
6 YOUTH TRAINING CENTER, IN THE IDAHO CODE, AND
7 SUBSTITUTING THE WORDS ADMINISTRATOR OF THE
8 DEPARTMENT OF ENVIRONMENTAL AND COMMUNITY
9 SERVICES FOR THE WORDS COMMISSIONER OF SOCIAL AND
10 REHABILITATION SERVICES, ADMINISTRATOR OF THE
11 DEPARTMENT OF ENVIRONMENTAL PROTECTION AND
12 HEALTH, AND THE STATE BOARD OF EDUCATION, IN ITS
13 PRESENT CAPACITY AS THE EXECUTIVE AND
14 ADMINISTRATIVE BODY FOR THE STATE YOUTH TRAINING
15 CENTER, IN THE IDAHO CODE, AND SUBSTITUTING THE
16 WORDS BOARD OF ENVIRONMENTAL AND COMMUNITY
17 SERVICES FOR THE WORDS BOARD OF ENVIRONMENTAL
18 PROTECTION AND HEALTH AND FOR THE WORDS STATE
19 BOARD OF EDUCATION, IN ITS PRESENT CAPACITY AS THE
20 RULE MAKING BODY FOR THE STATE YOUTH TRAINING
21 CENTER, IN THE IDAHO CODE, PROVIDING FOR THE WORDS
22 YOUTH REHABILITATION DIVISION TO MEAN DEPARTMENT
23 OF ENVIRONMENTAL AND COMMUNITY SERVICES,
24 PROVIDING FOR THE WORDS DIVISION OF'MENTAL HEALTH
25 TO MEAN DEPARTMENT OF ENVIRONMENTAL AND
26 _ COMMUNITY SERVICES, AND PROVIDING FOR THE WORDS
27 DIRECTOR OF THE DIVISION OF MENTAL HEALTH TO MEAN
28 THE ADMINISTRATOR OF THE DEPARTMENT OF
29 ENVIRONMENTAL AND COMMUNITY SERVICES; REPEALING
30 SECTION 16-1828, IDAHO CODE, RELATING TO THE CREATION
31 OF THE DIVISION OF YOUTH REHABILITATION; AMENDING
. 32 SECTION 16-1840, IDAHO CODE, BY ELIMINATING THE
3 33 REFERENCES TO THE'YOUTH REHABILITATION DIVISION;
I 34 AMENDING SECTION 39-3124, IDAHO CODE, BY DESIGNATING
35 THE DEPARTMENT OF ENVIRONMENTAL AND COMMUNITY
'"* 36 SERVICES AS THE STATE MENTAL HEALTH AUTHORITY;
37 PROVIDING FOR THE TRANSFER OF- ALL UNENCUMBERED
38 FUNDS OF THE MERGING UNITS TO THE DEPARTMENT OF
39 ENVIRONMENTAL AND COMMUNITY SERVICES; PROVIDING
40 FOR APPLICATION OF THE ADMINISTRATIVE PROCEDURES
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U1U3810
1 ACT; PROVIDING FOR SEVERADILITY; DECLARING AN
2 EMERGENCY; AND PROVIDING AN EFFECTIVE DATE.
3 Be It Enacted by the Legislature of the State of Idaho:
4 SECTION 1. It is the intent of the first regular session of the
6 forty-second Idaho legislature to encourage and improve the delivery of
6 health and social services to the people of Idaho. In order to maximize
7 service to the citizens of this state and to promote economy in operation, a
8 revision of the existing administrative structure is necessary. Therefore, the
9 Idaho legislature proposes the orderly consolidation of the existing
10 department of environmental protection and health, the department of
11 social and rehabilitation services, and the state youth training center, into a
12 single state agency.
13 SECTION 2. Whenever used or referred to in this act, unless a different
14 meaning clearly appears from the context, the following terms shall have the
15 following meanings:
16 1. "Board" means the board of environmental and community services.
17 2. "Department" means the department of environmental and
18 community services.
19 3. "Administrator" means the administrator of the department of
20 environmental and community services.
'21 SECTION 3. (1) There is created and established in the state
22 government a department of environmental and community services which
23 shall be an administrative department of the state government. The executive
24 and administrative power of this department shall be vested in the
25 ' administrator of the department of environmental and community services
26 who shall be appointed and serve at the pleasure of the governor, with the
27 advice and consent of the senate.
28 (2) The department shall be organized into an environmental
29 protection division and into such other administrative and general services
30 divisions as may be necessary in order to efficiently administer the
31 department. Each division shall be headed by a division director who shall be
32 appointed by and serve at the pleasure of the administrator with the
33 concurrence of the board.
34 (3) In order to provide more effective and economical access to the
35 state environmental, health, and social services by the people of Idaho, the
36 governor is hereby authorized to establish substate administrative regions. In
37 the designation of these regions specific ^consideration shall be given to the
38 geographic and economic convenience of the citizens included therein. Each
39 substate administrative region shall be headed by a regional deputy who shall
40 be appointed by and serve u the pleasure of the administrator with the
H 187
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... ui the powers, duties, and. functions of the
ib ion or and the department of social and rehabilitation services, the
v
, administrator of the department of environmental protection and health, ,,
c and the executive and administrative powers, duties and functions of the ,
- state board of education, in its present status as the governing body of the
n youth training center, are hereby transferred to the administrator of the
* \
g department of environmental and community services. The administrator ,
a shall have all such powers and duties as may have been or could have been "
1Q exercised by his predecessors in law, and shall be trie successor in law to all
,, contractual obligations entered into by his predecessors in law. j
^2 (2) All rights and title to property, real and personal, belonging to or ''
,, vested in the state department of environmental protection and health, the ,,.
AtJ ^ 11
,/ state department of social and rehabilitation services, and the state board of ,.;"
^ ^ i>
j5 education, in its present capacity as the governing body of the state youth fl (
^g training center, are hereby transferred to and vested in the department of j^',
Ly environmental and community services. The department established by this r-"1
g act is empowered to acquire, by purchase or exchange, any property which r?
3 in the judgment of the department is needful for the operation of the -^
} facilities and programs for which it is reponsible and to dispose of, by sale or ^.
exchange, any property which in the judgment of the department is not
i needful for the operation of the same. ( )
(3) All codes, rules, regulations, standards, plans, licenses, permits and
certificates heretofore adopted or issued by the department of pi
i environmental protection and health, the board of environmental protection -₯.;
and health, and the department and/or the commissioner of social and
rehabilitation services, and the state board of education, in its present status <
as the governing body of the state youth training center, shall remain in full
force and effect until superseded by rules, regulations, standards, plans, ,;
licenses, permits and certificates duly adopted or issued under the provisions t-;
of this act.
SECTIONS. (1) The board of environmental protection and health, as K
constituted on the effective date of this act, shall become the board of r'
-nvironmental and community services. The board created and established ±
herein shall be subject to all appointment provisions and all other statutory
and rei/.uljtory provisions pertaining to and governing its predecessor in law
which are not altered or deleted by this act.
^ (2) All of the powers and duties of the board of environmental i'.<
prelection and health shall hereby be transferred to the board of ':'
r> I ,^
environmental and community services. f
D
-------
U1U3812
I I II
1 (3) The rule making and hearing functions of the state board of
2 education, in its present status as the governing bodyof the state youth
3 training center, are hereby transferred to the board of envirpnmental and
4 community services.
5 (4) In addition to its other powers and duties, the board of
6 environmental and community services shall serve as an advisory body for
7 the administrator of the department who shall consult with the board on
8 major policy decisions affecting the department.
9 SECTION 6. (1): Wherever the words department of social and
10 rehabilitation services, department of environmental protection and health,
11 and the state youth training center appear in the Idaho Code, they shall
12 mean the department of environmental and community services.
13 (2) Wherever the words commissioner of the department of social and
14 rehabilitation services, administrator of the department of environmental
15 protection and health, and the state board of education, in its present status
16 as the governing body of the state youth training center, appear in the Idaho
17 Code, they, shall mean the administrator of the department of environmental
18 and community services.
19 (3) Wherever the words board of environmental protection and health
20 appear in the Idaho Code, they shall mean the board of environmental and
21 . community services.
22 (4) Wherever the words youth rehabilitation division appear in the
23 Idaho Code, they shall mean the department of environmental and
24 community services.
25 (5) Wherever the words division of mental health appear in the Idaho
26 Code, they shall mean the department of environmental and community
27 services.
28 (6) Wherever the words director of the division of mental health appear
29 in the Idaho Code, they shall mean the administrator of the department of
30 environmental and community services.
31 SECTION 7. That Section 16-1828, Idaho Code, be, and the same is
32 hereby repealed.
33 SECTION S. That Section 16-1840, Idaho Code, be, and the same is
34 hereby amended to read as follows:
16-1840. EFFECT OF DISCHARGE BY BOARD. - Whenever a
36 person committed to the board by a district court is discharged from its
37 control such discharge shall, when so ordered by the board, restore such
38 person to all civil rights and shall have the effect of setting aside the
39 conviction, provided, however, that when a child is placed on probation
40 under the youih rcluilMlitLition divioio'i oftiie board, such commitment shall
H 187
-------
6 U1U3813
i be automatically discharged at the expiration of said term,.unless the youiii
,7 rchabilil'jti'3" f|jvu-inn L-lu.ll rni-niuj .in ,1 x tiui>;inn nl' tiiiii> from tlio L'JUrt COUft
3 shall grant an extension. Such conviction shall not operate to disqualify him
4 for any future examination, appointment or application for public service
5 within the state. The records of commitment to the board shall be withheld
g from public inspection except with the consent of the board, but such
7 records concerning any child under eighteen (18) shall be open, at all
3 reasonable times, to the inspection of the child, his parents, guardian or
9 attorney. A commitment to the board shall- not be received in evidence or
10 used in any way in any proceeding in any court except in subsequent
H proceedings for a law violation against the same child, and except when
12 imposing sentence in any criminal proceeding against the same person.-
13 SECTION 9. That Section 39-3124, Idaho Code, be, and the same is
14 hereby amended to read as follows:
^5 39-3124. DESIGNATION OF STATE MENTAL HEALTH
L6 AUTHORITY. - The Idaho board of health, through its division of mental
17 health, is horoby designated the otato mental health authority; The Idaho
13 department of environmental and community services is hereby designated
19 the state mental health authority.
20 SECTION 10. On and after the effective date of this act, the
21 unencumbered and unexpended balances of the appropriations to the state
22 department of environmental protection and health, to the department of
23 social and rehabilitation services, and to the state board of education under
24 the provisions of chapter 318, laws of 1972, and in its present capacity as
25 the governing body of the state youth training center, shall be transferred to
26 *ne state department of environmental and community services.
27 SECTION 11. All rule making proceedings and hearings of the board
28 shall, in addition to the provisions of this act, be governed by the provisions
29 of chapter 52, title 67, Idaho Code. All rules and regulations promulgated by
30 tne board shall thereby be subject to annual review and approval by the
31 legislature of the state of Idaho.
* 32 SECTION 12. If any provision, section or clause of this act or
j, 33 application thereof to any person or circumstances is held invalid, such
34 invalidity shall not affect other provisions or applications thereof which can
35 be given effect without the invalid provision, section, or clause, and to this
36 end, the provisions of this act are declared to be severable.
37 SECTION 13. An emergency existing therefor, which emergency is
33 hereby declared to exist, this act shall be in full force and effect on and after
39 March 31, 1973.
40
H 187
-------
III.' TITLE 52 - NUISANCES
U1U3791
CHAFTEX.
1. NUISANCES IN GENUAL, §§ 52-101
52-111.
2. PUBLIC NUISANCES, §§ 52-20152-200.
3. PRIVATE NUISANCE, g§ 62-30162-
303.
CHAPTER.
4. MORAL NUISANCESACTIONS roa IN-
JUNCTION AND ABATEMENT, {] 62-
40162-410.
CHAPTER 1
NUISANCES IN GENERAL
SECTION.
52-101. Nuisance donned.
52-102. Public nuisance.
62-103. Moral nuisnnce.
62-104. Mornl nuisance* Conducting
houses of ill-fame.
52-105. Mornl nuisances House and
furniture.
52-106. Mornl nuisances Building
where gambling ia carried on.
SECTION.
62-107.
52-103.
62-109.
52-110.
52-111.
Private nuisance.
When not a nuisance.
Liability of successive owners
for continuing nuisance.
Abatement does not preclude
action.
Actions for nuisance.
52-101. Nuisance defined.Anything which is injurious to health
or morals, or is indecent, or offensive to the senses, or an obstruction
to the free use of property, so ns to interfere with the comfortable
enjoyment of life or property, or unlawfully obstructs the free passage
or use, in the customary manner, of any navigable lake, or river, stream,
canal, or basin, or any public park, square, street or highway, ia a nui-
sance. [R. S., §2620; reen. R. C., §3656; am. 1915, ch. 43, 51, p. 125;
reen. C. L., S 3656; C. S., § 6420; I. C. A., § 51-101.]
Cross rcf. Aircraft hazard as public Restricted area within radius of U. S.
nuisance.
-------
U1U3792
NUISANCES
statute, N not n public "nuisance per se."
Rief v Mountain Suites Tel. & Tel. Co.,
G3 Idaho -US, 120 Pnc. (2.1) 82.1.
Ob>lruc(inn of Nonnavienble Stream.
Because this section specifically pro-
vides th.it obstruction of navigable
stream is nuisance it docs not follow
that obstruction of nonnavi^ablc .stream
is not. Carey Lake Reservoir Co. v.
Strunk. 30 Idaho 332, 227 Pac. 591.
Obstruction of stream which prevents
ordinary flow of water for formerly
appropriated irruption purposes is nui-
sance nml may be abated. Carey Lake
Reservoir On. v. Strunk, 30 Idaho 332,
227 Pnc. 501.
Preparation of Meat Products.
The smoking of meats, rendering lard
nnd manufacturing of snusoges and other
meat products is not per ae a nuisance.
Lorenzi v Star Market Co., 19 Idnho
f,74. 115 Pac. 4rJO, 35 L. R. A. (N. S.)
1142.
Rnilroad.
Railroad and the work nccessnry and
incident to its maintenance is not a nui-
sance and cnn not be abated as such.
Boise Valley Conatr. Co. v. Kroeger, 17
Idaho 384, 105 Pac. 1070, 28 L. R. A.
(N. S.) OG8.
Street* nnd Sidewalk*.
It Is not every obstruction in a street
or highway that constitute: n "nuisance
per ?.e," 'nice tlio iijil uf tile public 10
the ficc ar.d unutiS'.: a^to i a--e «j[ a street
or way is subject to r^n jor.ibii! ar.a neces-
sary limitations, a.'id 10 xjc'n incidental,
temporary, or partial obstructions as
manifest necessity may require. Kief v.
Mountain States Tel. &. Tel. Co., 63
Idaho 418. 120 Pac. (2d"j 823.
A pedestrian, who was struck by a
screen dour which opened outwardly
immediately in fiont of him, when wnlk-
inz on a sidewalk in the ouainesa district
of the city, could not recover for his
injurv from the owner and tenant of the
building, since the maintenance and usa
of the screen door did not, in and of
itself, constitute n substantial "obstruc-
tion" nnri was not a "nuisnncc per se."
Rief v. Mountain States Tel. i Tel. Co.,
63 Idaho 418, 120 Pac. (2d) 823.
Tourist Court F.ncronchmcnts.
Sellers' contention tlmt purchasers
xvero not hound to remove encroach-
ments of timriit ntp and equipment sold
to them upun di-iimnd by thi- city Inns-
much i\v tho city Inn pnrimtted tha
sxislenco of sucn encroacnmontj for a
considerable time wuj not well taken,
»nd it became the ducy of tne purchaser*
to r»moT« >uch encro»chm«nu, tg fail-
ure to
-------
U1U3793
NUISANCES IN GENERAL,
Hording sheep noar homes.
Judicial notice of.
Minor's excavation.
Motive in erection.
"Nuisances JUT so."
Obstruction of nonnnvicnblo stream.
Preparation of meat products.
Railroad.
Streets and sidewalks.
Tiniiist court encroachments.
Tues.
Unsightly buildings.
Warehouses.
What constitutes nuisance.
Channel of Natural Streams, Usine.
The current of a river cannot be ap-
propriated by a riparian proprietor in
Idaho, cvon assuming lh<» possible per-
sistence in the state of the doctrine of
riparian ri,:'nti, in view of statutes de-
claring the n;:ht of npi-ropnators of
w liter for irrigation or other lawful pur-
pose to use tr.'e. channel of natural
streams for carrying stored water or
water diverted from other streams. John-
son v. Utah Tower & Li^ht Co., 215
Fed. (2ri) M4.
Where defendant hnilt a scries of damn
that increased the flow of a river to such
an extent that pluir.'.uF's access to his
farm Innd, which was across the river
from 'his place o/ residence- find which
situation made if necessary for plaintiif
to ford the river in order to reach his
farm land, was ol.Mi.ictcd r.nd p'lamtiif
soupht to recover d.ini,i;r(.'s on the tlienry
that the dam a constituted a nuisance.
court held that, by statute, defendant and
other appropnators of svater for lawful
purposes had n-jht to use channel of
natural streams for carrying stored water
or water di\crti*d from other streams.
Johnion v. Utah Power & Light Co.,
215 Fed. (2d) SU.
Cilicn.
fly the charter of Boise City tho mayor
nnil common council arc empowered to
declare what is A nuisance, nnd arc em-
powered to abate a nuiir.nce. Bone Ci,y .
v. Hoise Rupid-Trnnsit Co., G Idaho 77U,
£9 Eac. 71C.
Diteli Across Road or Street.
When one constructs ditch across pub-
lic street in such wny as to render
street unsafe or inconvenient for trnvi-1,
and maintain* thr same v. it/tout a brnl,:",
he i.t i;uiily 'if mair.i.iir..:;.; » nurianci'.
Lewi-ton v. I,V/oth, 3 lu.l.o tiC1-, 31 1'i.c.
so:>.
To complete hitrhwsy across canal.
brides niu:.t he built; and, until bri(i~tf i-
built, hifrhwuy, not L e i n s' ccmplctj, i j.
not copibio o( bcmi; lawfully oa.itructei.
tt thut point; canni, idei itfore, is no I.
nui:unco t;cauco "of Ha iinikv/uii/ ou-
structinf; the free pnssnirc or use of
hiphwny. " MacCammolly v. Pioneer Irr.
Uist., 17 Idaho -Hf., 10.") Pac. 1070.
Where canal has ti<-en constructed and
operated iti accordance with law, it is
not a nuisance and cr. n become nuisance
only by reason of manner in which it is
maintained or method of its operation,
and mere fact that municipality subse-
quently extends street across canal
which has heen lawfcdy constructed nnd
operated does not convert canal into
nuisance at place wln.-ro street cror-ses
canal. (In cifect, overruling Boise City
v. iioi.ic Rapid-'i'rnnsit Co., G Idaho 770,
69 Pac. 710.) Hoiso City v. Boise City
Canal Co., 10 Idaho 717, 115 Pnc. 605.
Devices.
Instruments and devices with which
eumt'liiifr is carried on are nuisancej.
Mullen v. Mosciey, 13 Idaho 457, 00 Pac.
OSd, 12 L. II. A. CN. S.) 33-1, 121 Am. St.
277, 13 Ann. Cas. 450.
Ucrriinc Sheep Near Homes.
licrdinc: of lnrp;e band of sheep near
homes of settlers, thereby creotmcr of-
fensive smell, is a nuisance. Sweet v.
Hallentync, 8 Idaho 431, 09 Pac. S95.
Judicial Notice of.
It is common knowiodre that tit the
time of and ever sine* the enactment of
this section in 1S15, coors opc-nir.pr out-
wardly over sidewalks u'ere end still are
in cencrnl u;e in Idaho, r'.icf v. Moun-
tain States Tel. i V.I. Co.. 63 Idaho
418, 120 Pac. (2d) bJ3.
Miner's Excavation. ,
An excavation, pit or shaft made by a
miner in the prosecution of his work is
not of itself a nui;incc. Strong v.
Brown, 2G Idaho 1, 1-iO Puc. 773, 52 L.
R. A. (N. S.) 140, Ann. Cos. 101CE, 4G2.
Mnlivc in Itrcclion.
Where erection of improvement Is, in
itself, iuwful ar.d no', ,'^-r ?.e nui-'nncc,
fact that erection is t'ro-n spite will no:
( subject party to resirnr.t from courts.
White v. Qcrnhirt. 41 Idaho 665, 241
Tac. 307, 43 A. L. R. 23.
In actions to alate nuisance tefons
question of motive can be sonc into or at
Icn.st before it can have nny bfarniff on
ie.s\ilt, unlawful character of net com-
piamed of muil hs e;-.ibii',hcd. White
v. litrnhurt, 41 Idalio C^i, 2-il 1'ac. 3G7,
43 A. L. it. 23.
"Nuinnncca Per Sc."
Anything which do^s not amount to
or constitute ft su^i'.iinuul obstruction
or an ir,n<>rcnt iniori''r merit of lifa
or proparty, v/r.r.iu -th. r/n.-iun.; of t..j
-------
U1U379/I
NUISANCES IN GENERAL
52-102
cidont to work, which otherwise would
amount to :\ nuisance. 'J7 A. L. R. 205.
Noiso from industrial plant. 23 A. L.
R. MOT; 'JO A. I,. H. 12U7.
Nuisance losultiiii; from the inannur
of, or circumstances attending, the per-
formance of a legal duty. 38 A. L. R.
Operation of railroad. 6 A. L. R. 723;
57 A. L. R. 94.'!; (iO A. L. R. 1138.
Operation of tanneries or the curing
of hides. 32 A. L. R. 1358.
Permitting guests to bring and con-
sume their own liquor, charge of main-
taining a liquor nuisance predicated on.
49 A. L. R. 1451.
Pcsthouse or contagious disease hos-
pitnl. 4 A. L. R. 995; 18 A. L. R. 122; 48
A. L. R. 518.
Picketing. 6 A. L. R. 934.
Quarries, gravel pits, and tha like as
nuisances. 47 A. L. R. (2d) 490.
Radio, playing as a nuisance. 171 A.
L. R. 781.
Riding academy as nuisance. 174 A.
L. R. 705.
Saw or planing mill. 37 A. L. R. 689.
Slaughterhouses. 27 A. L. R. 329.
Steam whistle. 4 A. L. R. 1343.
Storing of explosives in highway. 11
A. L. R. 719.
Talking machine, mechanical musical
device, radio, etc. 22 A. L. R. 1200; 82
A. L. R. 1109; 89 A. L. R. 424.
Telephone or telegraph service facili-
tating betting on horse rncing or other
sport, as nuisance. 153 A. L. R. 465.
Undertaker's establishment. 23 A. L.
R. 745; 43 A. L. R. 1171.
Zoning laws prescribing conditions of
business or manufacturing designed to
avoid nuisance or annoyance. 173 A. L.
R. 271.
Zoning regulations as affecting the
question of a nuisance within a zoned
area. 166 A. L. R. 659.
< 52-102. Public nuisance.A public nuisance is one which affects at
the .same time an ontire community or neighborhood, or any conaider-
*iL'ie number of persons, although the extent of the annoyance or dam-
»itpo inllielcil upon individuals may be unequal. [R. S., §3621; reen. R
:,:. i C. L., § 3G57; C. S., § G421; I. C. A., § 51-102.]
Cros.i rcf. Booms or weirs so con- Cited in: Bellcvue v. Daly, 14 Idaho
as to prevent pasnafc of logs 545, 94 Pac. 103G, 15 L R A (N S )
99J, 125 Am. St. 170, 14 Ann. Caa. 1136;
Strieker v. Hillis, 15 Idaho 709, fi9 P»c.
831.
hcrcntly a nuisance, or one per se, but
which may hccomp suclv by reason of
ju: i oundmt: cncvnustanccs, or the man-
ner in which coiiilm-tr'l. Kowc v. Pnc:i-
tcllo, 70 Idaho III:;, 218 Pac. (2d) Gl)5.
Collateral Hrfcrciiccs.
17 Am. Jur., Disorderly Houses, S3 3,
10; 21 Am. .Jur., Caming and Prize Con-
testa, § 11; 30 Am. .lur., Intoxicating
Liquors, §^i 482-520; 39 Am. Jur., Nui-
sances, §5 12-ir.. Ku-177.
00 C. J. S.. Xuisances, § 2.
Aircraft. lights, airports, etc. 69 A.
L. P. 32!) 8.1 A. I.. II. 377; 99 A. L. R.
195; MO A. L. H. 1352.
Amusement park. 33 A. L. R. 725.
Easoball park. 33 A. L. R. 727.
E.JCS 31) A. L. R. 3G3.
Hutting on i.icea as nuisance. 1G6 A.
L. K. I2C1.
Ilowimg alley. 20 A. L, R. 1495; 53
A. L. R. 1C2.
Cemetery or burial ground as nuisance.
50 A. L. R. (2d) 1324.
Creamery or milk distributing plant.
31 A. L. R. 137; 38 A. L. R. 150G.
Dunce halls. 19 A. L. R. 1441; 28 A.
L. R. 1173.
' Definition of nuisances generally, 3
A. L. R. C15; G A. L. R. 118; G A. L. R.
15u4; 23 A. L. R. 1093; 30 A. L. R. 1516;
40 A. L. R. 1159; 87 A. L. R. 760; 99
A. I., R. 165.
Dust. 3 A. L. R. 312; 11 A. L. R. 1401.
1 Garace. 50 A. L. R. 107.
(J.-.johne station.. 24 A. L. R. 383; 35
A. L. R. 95; 51 A. L. R. 1224.
Gas plants. 23 A. L. R. 1412; 37 A. L.
R. SCO.
Horse racing and betting thereon. 165
A. L. R. 12G4.
Ice manufacturing plant. 41 A. L. R.
G 21).
Liability of ft public contractor for
from conditions necessarily in-
a public nuisance, § 38-807.
Dilapidated buildings in cities or vll
Iat;<:3, '§§ 50-136, 50-G01.
' Maintenance of a public nuisance, i
misdemeanor, § 18-5903.
ANALYSIS
Uncapped artesian wells, 5 42-1601 ef £*mblinC machines and devices.
Tourist court encroachments.
«eq.
Comp. leg. Cil. Similar, C. C. 1872,
5 3-iSO;'same as amended, Xerr'j Code,
53480; Deering'i Civil Coda, 53480.
T«nn. Code Ann., 5 23-301,
Warehouses.
G»mbling Machines i. nd Devicn.
Operation of can,: ling mtchinei and
devicet conititutet . moral public nui-
-------
U1U8795
52-103 NUISANCES
snnri-. State v. Villnce of Garden City, Abatement. Calvin v. Appleby, Idaho
74 Idaho Oi:i, 2fi5 Pnc. (2d) .128. , 306 Pac. (2d) 300.
TonriM Court Knerunrhtnenl*. Warehouses.
Sellers' contention thnt purchasers Warehouse and platform obstructing
wore not bound to remove encroachments city street wns n public nuisnnce, even
of tourist site and equipment sold to though city hnd allowed construction of
them upoa demand by the cily inasmuch .name puraunnt to a motion passed by
ns the city has permitted the existence city council and permit duly issued.
of such encroachments for a consider- Boise' City v. Swisel, 72 Idaho 323, 241
able time was not well taken, and it be- Pnc. (2d) 173.
en me the duty of the purchasers to re-
move such encroachments, as failure to Collateral Reference.
do .10 would result in both civil and Definitions of public nuisance. 40 A.
criminal liability. Such encroachments L. R. 1132; 40 A. L. R. 1159.
were a public nuisance and subject to
52-103. Moral nuisance.A nuisance which is injurious to public
morals is a moral nuisance. [R. C., § 3G57a, as added by 1915, ch. 43,
§ 2, p. 125; i-eon. C. L., § 3657a; C. S., § 6422; I. C. A., § 51-103.]
Cross rof. Abatement of moral nui- Narcotic drugs, place for illegal vend-
eances, §§ 62-40152-410. Injr a common nuisance, § 37-2313.
Health nuisances, local boards of Suppression of nuisances by local
health to supprea.i, 5 3'J-:i03. boards of health. § 39-303.
Health oilicurs to cooperate in aup- Suppression of prostitution by munici-
prcssion of prostitution, ^ J10-C03. pal authorities, § 50-1130.
Liquor nuisances, S§ 23-70123-712. Suppression of prostitution under
health laws, § 30-303.
52-104. Moral nuisancesConducting houses of ill-fame.The con-
ducting of a place for the purpose of prostitution, lewdness, assignation,
or other indecent acts, or for the resort of lewd people of both sexes,
commonly called a house of ill-fame ia a moral nuisance. [R. C.,
§ 3G57b, as added by 1915, ch. 43, § 2, p. 125; reen. C. L., § 3G57b; C. S.,
§0423; I. C. A., !j 51-104.]
52-105. Moral nuisancesHouse and furniture.A building or place
in which a house of ill-fame is conducted or kept, and the furniture and
movable contents thereof, are a moral nuisance. [R. C., § 3657c, as
added by 1015, ch. 43, §2, p. 125; reen. C. L., §3657c; C. S., §6424;
I. C. A., §51-105.]
52-106. Moral nuisancesBuilding where gambling is carried on.
Any building, place, or the ground itself, wherein or whereon gambling
or any game of chance for money, checks, credit or other representatives
of value is carried on or takes place, or gambling paraphernalia is kept,
or any notice, sign or device advertising or indicating the existence or
presence of such gambling or any game of chance is displayed or ex-
posed to view, is declared a moral nuisance and shall be enjoined and
abated as provided by law. [1919, ch. 97, p. 3G1; C. S., § 6425; I. C. A).
§5.1-106.]
Cross rcf. Abatement of moral nui- Gambling Machines ind Oerlees.
sances, §§ 52-40152-410. Operation of cnmblinjj machines and
Cited in: Rosai v. United SUUs, 49 devices constitutes a moral public nui-
Fed (2d) 1 sance. State v. Village of Garden Citjr.
74 Idaho 613, 265 Hac. (2d) 328.
52-107. Private nuisance.Every nuisance not denned by law aa a
public nuisance or a moral nuisance, is private. [R. S., § 3622; reen. R.
C., § 3658; am. 1915, ch. 43, § 3, p. 125; reen. C. L,, § 3353; C. S., § 6426;
I. C. A., § 51-107.]
L-20
-------
U1U3796
NUISANCES IN GENERAL
52-109
Colluicral Reference.
Definitions of private nuisance. 6 A.
'- K« 1664; 23 A. L. R. 1098; 40 A. L. R.
Crosn tf(. Privnte nuisances in gen-
erul. f 52-301.
Comp. leg. Cal. Similar. C. C. 1872,
{3481; Kerr's Code. §3481; Deering'a
Civil Code, $ 3481.
52-108. When not a nujsanco. Nothing which is done or maintained
under the express authority of a statute can be deemed a nuisance.
[R. S., § 3623; reen. R. C. & C. L., §3659; C. S.. § 6427; I. C. A., § 51-
108.]
Comp. lee. Cal. Same, C. C. 1872,
{3482; Kerr's Code, §3482; Deering'a
Civil Code, { 3482.
ANALYSIS
Application.
Channel of natural streams, using.
Fluctuating river flow.
Section applied.
Application.
This section refers only to statutes,
but if this section were applicable to a
permit (trained by a city, not even an
ordinance, it did not authorise an un-
lawful, wrongful or negligent act, and
Afforded no defense to the city. Splinter
v. Nampa, 70 Idaho 287, 215 Pnc. (2d)
900.
Channel of Natural Slreama, Using.
The current of a river cannot be ap-
propriated by a riparian proprietor in
lilano, even assuming the possible per-
sistence in that state of the doctrine of
riparian rights, in view of statutes do-
cinrinif the right of appropriators of
water for irrigation or other lawful pur-
pose to use the channel of natural
streams for carrying stored water or
water diverted from other streams. John-
son v. Utah Power & Light Co., 215 Fed.
(2d) 814.
WheYc defendant built a aeries of dams
that increased the flow of a river to such
extent that plaintiff's access to his form
land, which was across the river from
his place of residence and which situa-
tion made it necessary for plaintiff to
ford the river in order to reach his
farm land, wns obstructed and plaintiff
sought to recover damages on the theory
that the dams constituted a nuisance,
court held that, by statute, defendant and
other appropriators of water for lawful
purposes had right to use channel of
natural streams for carrying stored
water or water diverted from other
streams. Johnson v. Utah Power it Light
Co.. 215 Fed. (2d) 814.
Fluctuating Hirer Flow.
An easement which granted a power
company the right to fluctuate the flow of
a river would be construed as granting
something in addition to the right of the
power company to Ail completely the nat-
ural channel of the river, since the power
company had the latter right without the
aid of an easement. GritTeth v. Utah Pow-
er it Light Co., 226 Fed. (2d) 661.
Section Applied.
A ditch or canal constructed and main-
tained under express authority of statute
can not be deemed a nuisance. MacCam-
melly v. Pioneer Irr. Oist., 17 Idaho 415,
105 Pac. 1076; Boise City v. Boise City
Canal Co., 19 Idaho 717, 115 Pac. 605;
Twin Falls v. Harlan, 27 Idaho 7CO, 151
Pac. 1191.
Cellar-way and doors in sidewalk main-
tained by authority of law can not be
deemed a nuisance. Lcwiston v. Isnman,
19 Idnhp C53. 115 Pac. 494.
Running of licensed saloon in regular
and lawful manner was not a nuisance
(decided when local option law wns in
effect). American Falls v. West, 26 Idaho
301, 142 Hac. 42.
52-109. Liability of successive owners for continuing nuisance.-
Every successive owner of property who neglects to abate a continuing:
nuisance upon, or in the use of, such property, created by a former
owner/is liable therefor in the same manner as the one who first created
it. *[R. S., §3G24; reen. R. C. 4 C. L., §3660; C. S., §6-128; I. C. A.,
§61-109.]
that he did not create it, but he is not
liable for damages incurred previous to
his purchase. Brose v. Twin Fills Land
& Water Co., 24 Idaho 266, 133 Pac. 673,
Comp. leg. Cal. Same, C. C. 1872,
13483: Kerr's Code, §3483; Deering's
ivil Code, { 3483.
Construction.
The purchaser of property containing
a nuisance may not d«f«na an action (or
damages or aoaumtnt on tha ground
49 L. R. A. (N. S.) 1187; Partridge v.
Twin Falls Land * Water Co., 24 Idaho
276, 133 Pac, 677.
L-2i
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U103797
52-110
NUISANCES
Tmirisl Court.
Kvcn though plaintiffs, purchn.sors, did
not create ihc encroachments cont.-iincd
in the tourist site, tht-y would In- linblo
ns successive owners uf the property.
Gnlvin v. Applcby, Idaho . .'iOG 1'oc.
(2d) 300.
Collateral References.
Effect of ilelny in seeking ciiuitable re-
lief against n nuisance. 0 A. I,. R. 1008.
Effect on owner not served with proc-
ess of judgment abating a nuisance. 03
A. L. R. GrJ8.
Liability of ft purchn.icr of. prcmijn
for n ntiisunro thereon created by a prcd-
cri'ssnr. M A. I.. R. 100-1.
Necessity of knowledge, by RM owner
of rcnl c.'lntr, of n mimnnco mnintninr.l
thereon by iinotliur ns necessary to sub-
ject him to tlic operation of ft statuu
jtruacribing R pecuniary penalty for
maintenance of a nuisance. 12 A. L R
431; 121 A. L. R. 042.
Scope and import of the term "owner"
in statutes relating to the abatement of
nuisances. 2 A. L. R. 801; 05 A. L. R.
1099.
52-110. Abatement does not preclude action.The abatement of a
nuisance does not prejudice the right of any person to recover damages
for its past existence. [R. S., § 3G25; reen. R. C. & C. L., § 3661; C. S.,
^6429; I. C. A., §51-110.]
Comp. leg. Cal. Same. C. C. 1872,
53481; Kerr's Code, 5 3484; Deering's
Civil Code, 5 3484.
52-111. Actions for nuisance.Anything which is injurious to
health or morals, or indecent, or offensive to the senses, or an obstruc-
tion to the free use of property, so aa to interfere with the comfortable
enjoyment of life or property, is a nuisance and the subject of an action.
In the case of a moral nuisance, the action may be brought by any
resident citizen of the county; in all other cases the action may be
brought by any person whose property is injuriously affected, or whose
personal enjoyment is lessened by the nuisance; and by the judgment
the nuisance may be enjoined or abated, ns well as damages recovered.
[C. C. P. 1881, §471; R. S. & R. C., §4529; am. 1915, ch. 43, § 5, p. 125;
reen. C. L., § 4529; C. S., § 6956; I. C. A., § 51-111.]
Cross ref. Abatement of moral nui- and onto the building, one of the trees
»ance, §§ 52-40162-410. pushing to and against the foundation of
"Moral nuisance" defined, § 62-103 et plnintitV's house and exerting sufficient
pressure against the basement to crack
and push tlio \vail of the house inward
also damaging: the surface, the court au-
thorized, upon the pUintiff bringing this
action on the ground that the condition
constituted a nuisance, the destruction
of one trca but the other tree being
healthy and not dnmnging the foundation
and walls of the house it would not b«
necessary to be removed. Lemon v. Cur-
aeq.
"Nuisance" defined, § 52-101.
Private person may sue for public
nuisance specially injurious, § 52-206.
Comp. lee. Cal. Analogous, C. C. P.
1872, §7U1; n* amended, Kcrr's Code,
§731; Dooiing's Civil Procedure Code,
J731-
Cited in: Boise City v. Sinsel, 72 Idaho
320, 241 PHC. (2d) 173.
Special Injury.
This section does not change the cen-
er.il rule that a private party to m^in-
tnin an action to alxite a public nuisance
must show spccinl injury to himself. Red-
way v. Moore, 3 Idaho 312, 23 Pac. 104.
Trees CausiiiR Damage.
Whero defendant's predecessors in
interest planted on thft common boundary
two poplar trees which have now matured
to four or ftvo feet in diameter at the
base and thereafter plaintuT bunt approx-
imately >i;c fact from the boundary Una
and luch mature treei DOW attend over
ington, Idaho , 306 Pac. (2d) 1091.
Collateral References.
30 Am. Jur., Nuisances, §§ 14.1, 1GG-168.
Cij C. J. S., Nuisances, §§ 124, 12G, 149,
151.
Constitutionality of n statute confer-
ring on chancery courts the power to
abate public nuisances. 5 A. L. R. 1474;
22 A. L. R. 5'1'J; 75 A. L. R. 1208.
Joinder, in injunction action to restrain
or abnto nuisance, of persons contribut-
ing thereto through separate and inde-
pendent ncti. 45 A. L. R. (2d) 1234.
Necessity of knowlcdtfa by owner of
real esute of a nuisance maintained
thereon by another to subject him to
L-22
-------
UlUJ/Sfl
NUISANCES
the operation of a statute providing for
the abatement of nuisances or prescrib-
ing pecuniary penally therefor. 12 A. L.
R. 431: 121 A. L. R. 642.
Nuisance resulting from smoke nlona
as n subject of injunctive relief. 6 A. L.
R. 1575.
Rieht to enjoin a threatened or antici-
pated nuisance. 7 A. L. R. 7-19; 26 A. L.
R. 937; 32 A. L. R. 721; 55 A. L. R. 880.
Use of injunction to prevent establish-
or maintenance of a jrarbaffe or
sowiige disposal plunt. 5 A. L. R. 020.
Use of injunction to prevent use of
property for circuses, carnivnis, and simi-
lar itinerant outdoor amusements. 63 A.
L. R. 407. _
Use of injunction to restrain private
persona from draining into sewer main-
tained by a municipality, whera such
sewer is creating a nuia-ance. 107 A. L. R.
1192.
L-23
-------
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 610, AS AMENDED, AS AMENDED IN THE SENATE
BY STATE AFFAIRS COMMITTEE
AN ACT
PROVIDING A SHORT TITLE; PROVIDING A STATEMENT OF LEGISLATIVE POLICY; PROVID-
ING DEFINITIONS; CREATING AND ESTABLISHING THE DEPARTMENT OF ENVIRON-
MENTAL PROTECTION AND HEALTH, AND PRESCRIBING ADMI N I STRAT I VE. AND EXECU-
TIVE POWERS, CREATING AND ESTABLISHING THE BOARD OF ENVIRONMENTAL
PROTECTION AND HEALTH, AND PRESCRIBING RULE MAKING AND HEARING FUNCTIONS,
PROVIDING FOR ORGANIZATION AND ADMINISTRATION OF THE DEPARTMENT; PROVID-
ING FOR POWERS AND DUTIES OF THE ADMINISTRATOR; PROVIDING FOR APPOINT-
MENT OF THE ADMINISTRATOR, AND FOR ADDITIONAL POWERS AND DUTIES OF THE
ADMINISTRATOR, PROVIDING FOR THE APPOINTMENT OF THE BOARD OF ENVIRON-
MENTAL PROTECTION AND HEALTH, THEIR QUALIFICATIONS, DUTIES, PAYMENT Of
MEMBERS, POWERS. PROVIDING FOR PROCEEDINGS BEFORE THE BOARD, PROVIDING
FOR APPEAL, AND PROVIDING FOR RULE MAKING PROCEDURES; PROVIDING PROCE-
DURES FOR THE ADMINISTRATOR TO CAUSE INVESTIGATIONS, PROVIDING AUTHORITY
FOR THE ADMINISTRATOR, PROVIDING PROCEDURES WHEN VIOLATIONS EXIST,
PROVIDING FOR THE BOARD TO MAKE ORDERS, PROVIDING FOR INSTITUTING CIVIL
ACTIONS, PROVIDING FOR CIVIL PENALTIES, PROVIDING FOR ADDITIONAL
LIABILITY FOR EXPENSE INCURRED, PROVIDING THAT ACTION UNDER THIS ACT
DOES NOT WORK TO RELIEVE ANY CIVIL ACTION OR DAMAGES, AND PROVIDING
THAT THE BOARD MAY ENTER INTO CONSENT DECREES, AND PROVIDING FOR
INJUNCTIVE RELIEF; PROVIDING THAT THE ADMINISTRATOR MAY EMPLOY COUNSEL,
THAT THE ATTORNEY GENERAL MAY BRING CRIMINAL ACTIONS OR MAY DELEGATE
TO THE PROSECUTING ATTORNEY; PROVIDING FOR A REPORTING AND REGISTRA-
TION SYSTEM FOR AIR POLLUTION CONTROL; PROVIDING FOR THE CONFIDENTIALITY
OF CERTAIN INFORMATION; PROVIDING THAT THE BOARD, IN CERTAIN SITUATIONS
MAY DECLARE AN EMERGENCY AND ISSUE ORDERS REQUIRING IMMEDIATE CESSATION
OF THE EMISSION OF AIR CONTAMINANTS; REPEALING CHAPTER 29, TITLE 39,
IDAHO CODE, REPEALING CHAPTER 1, TITLE 39, IDAHO CODE; PROVIDING THAT
THE PROVISIONS OF THIS ACT SHALL NOT AFFECT THE RIGHTS OR PRIVILEGES OF
EMPLOYEES TRANSFERRED; PROVIDING FOR TERMS TO BE CONSTRUED; 'AND PROVID-
ING AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY.
Be it Enacted by the Legislature of the State of Idaho:
SECTION I. This act may be known and cited as the "Environmental
Protection and Health Act of 1972."
SECTION ?. It is hereby recognized by the legislature that the protec-
tion of the environment and :he promotion of personal health are vital
concerns and are therefore of great importance to the future welfare of
tni's state. It is therefore declared to be the policy of the state to
provide for the protection of the environment jnd ihe promotion of personal
health and to cnereby protect and promote the health, safety and general
welfare of the people of this state.
SECTION 3- Whenever used or referred to in this act, unless a
different meaning clearly apf?»ars from the context, the following terms
shall nave the following meanings:
I. "Board" means the boaro of environmental protection and health.
-------
_2_ U1U3815
2. "Department" means the department of environmental protection anu
hea I th.
3. "Administrator" means the administrator cf the department of environ-
mental protection and health.
^ . "State" means the state of Idaho.
5. "Air contaminant" or "air contamination" means the presence .-. the
outaoor .umosphere of any dust, fume, mist, smoke, vapor, gas or other aos,-.,,j-.
fluid or particuldte substance differing in composition from or exceeding in
concentration the natural components of the atmosphere.
6. "Air pollution" means the presence in the outdoor atnospherc of .in>
contaminant or combination thereof in such quantity of such nature and Jurat ior
and under such conditions as would be injurious to human health or welfare, tn
animal or plant life, or to property, or to interfere unreasonably with the
enjoyment of life or property.
7. "Emission" means a release or discharge into the outdoor atmosphere
of .nny air contaminant or combination thereof.
8. "Water pollution" is such alteration of Che physical, thermal,
cner-ical, biological or radioactive properties of any waters of the st.ito,
or such discharge of any contaminant into the waters of the state as will o'
is likely to create a nuisance or render such waters harmful or detrimental
or injurious to public health, safety or welfare or to domestic, commercial.
industrial, recreational, esthetic or other legitimate uses or to livestocK,
wild animals, birds, fish or other aquatic life.
9. "Waters" means all the accumulations of water, surface and underqi .iunt'
natural and artificial, public and private, or parts thereof which are wholly
or partially within, flow through or border upon this state.
10. "Solid waste" means garbage, refuse, and other discarded solid
materials, including solid waste materials resulting from industrial, cor-
lercijl, arj jyr i cu 1 t ura I operations, and from community activities, but
does not incl-.iJe solid or dissolved materials in domestic sewcige or ether
significant pollutants in water resources, such as silt, dissolved or suspt'nuerl
iolics in industrial wa>te w.-ter effluents, dissolved materials in irrigai'on
return i lov. * .ir other conmon .vater po 1 lutants.
II "Si'llil w.i s to disposal" means the collection, storage, treatment ,
utilisation, p roeoss i ng or final disposal of solid waste.
1 -' ' U'.'f jiory" neans not only f.it. i 1 i t i es for biological, se ro I og i ...) I .
Siopns M'^.I . . , /to I ->r othe: legal representative of ony
"' : ' .OUKJ. ,. j.v. other legal outity.
-------
-3- . U1U3816
1 <<. "Public swimming pon!" means an artificial structure, and its
appurtenances, which contains water more than two (2) feet deep which is
used or intended to be used for swimming or recreational bathing, and which
is for the use of any segment of the public pursuant to a general invit.it ion
but not an invitation to a specific occasion or occasions.
15- "Public water supply" means all mains, pipes and structures tnr.mgM
which w.iter is obtained and distributed to the- public, including wells orj
well structures, intakes and cribs, pumping stations, treatment plants,
reservoirs, storage tanks and appurtenances, collectively or severally,
actually used nr intended for use for the purpose of furrishing water for
drinking or general domestic use in incorporated municipalities; or
unincorporated communities where ten (10) or more separate lots or propertir'
are being served or intended to be served; state-owned parks a.;ci memorials:
and state-owned educational, charitable, or penal institutions.
SECTION k. 1. There is created and established in the state govern-
ment, a department of environmental protection and health, which shall be
an administrative department of the state government. The administrative
and executive power of this department shall be vested in the administrator
of the department of environmental protection and health. The rule making
and hearing functions for the department shall be vested in the board of
environmental protection and health, which is hereby created and estab Iishe1
The administrator shall submit the budget to Carry out the functions of both
the department and the board.
2. The department shall be organized into an environmental protect ion
division and a personal health services division, and into such administrative
and general services divisions as may be necessary in order efficiently i-i
administer the department.
3. The deportment shall be supervised and administered by the dcpa>:
ment administrator. The division of personal health services and the
The assistant administrators shall be appointed by the administrator an.J -.h.ill
st-rvedt his pleasure
SECTION 3. The administrator shall have the following powers and duties
1. All .it' the powers anci duties of the Department of Public Health.
L-IO Oopor tmeo'. nf Hoaltn, the Board of Health, and the Air Pollution Cortroi
Ci.nmi ss ion. are hereby transferred to the administrator of the department
o'~ environmental protection and health, provided, however, that rule naming
an.j rearing functions shall be vested in the board of environmental protection
an.I hr.ilth. The administrator shall have all such powers and duties as may
hjve ocen T- cnuKt have been exercised by his predecessors in low, and shjI!
he the succcs'.>-r in law to all contractual obligations entered into b / his
p r ecfeCi*1. ->ur in 1 au .
2. The .u.'ri i ! i s'. rator snail, pursuant ond suhi^ct to the provisions of
; he Id.iiu' Coil*-, and the provisions o i this act, formulate and recommend tt>
the bo.nd. ii;U-s, regulations, codes ami standards, as may be necessary rn
-------
U103817
deal with problems related to personal health, water pollution, air nolUi'nr.
visual pollution, noise abatement, and solid waste disposal, which shall.
upon adoption by the board, have the force of law relating to any purpose
which may be necessary and feasible for enforcing the provisions of this at.:.
including, but not limited to the prevention, control or abatement of environ-
mental pollution or degradation and the maintenance and protection of personal
health. Any such regulation or standard may be of general application
throughout the state or may be limited as to times, places, circumstances 01
conditions in order to make due allowance for variations therein.
3. The administrator, under the rules, regulations, codes or
adopted by the board, shall have the general supervision of the promotion
and protection of the life, health, mental health and environment of the
people of this state. The powers and duties of the administrator shall include-
but not be limited to the following:
a. The issuance of licenses and permits as prescribed by lav/ and by
the rules and regulations of the board.
b. The supervision and administration of laboratories and the super-
vision and -idmin i s trat ion of standards of tests for environment.il
pollution, chemical analyses and communicable diseases. The admin-
istrator nay require that laboratories operated by any city, county.
institution, person, firm or corporation for health, environmental ri
law enforcement purposes conform to standards set by the board.
c. The supervision and administration of a mental health progrjn,
which shall include services for the evaluation, screening, custody
and treatment of the mentally ill and those persons suffering from a
mental defect, or mental defects.
d. The enforcement of minimum standards of health, safety and i.init,
tion for all public swimrr.ing pools within the state.
e The enforcement nf standards, rules and regulations, relating ti-
publ ic v.-ater suppl ies. '
f. The supervision and administration of the various school'-,
hospitals an i <>r. and administration of services dealing with the
problens ill' ii I i_»ho 1 i SIM, including but not limited to the care ,ind
rehab i 1 i KH ion of persons suffering from alcohol isn.
h. Thf o-. ub 1 i shmcn c of liaison with other governmental deportment'.
agencies .inj boards in order to effectively assist other gover m-pn t n I
entities .v i t h the planning for the control of" or abatement a f t-nuiri.i
Cental finj ho.il en problems. AM of the rules, regulations nnd srandrii '
adopted bv ; IH- board shall apply to state institutions.
-------
U1U3810
-5-
i. The supervision and administration of an emergency medical service
program, including but not limited to assisting other governmental
agencies and local governmental units, in providing first aid emergency
medical services and for transportation of the sick and injured.
j. The supervision and administration of a system to safeguard air
quality and for limiting and controlling the emission of air
contaminants.
k. The supervision and administration of a system to safeguard the
quality of the waters of this state, including but not limited to the
enforcement of standards relating to the discharge of effluent into
the waters of this state and the storage, handling and transportation
of solids, liquids, and gases which may cause or contribute to water
pol1ut ion.
I. The supervision and administration of administrative units whose
responsibility shall be to assist and encourage counties, cities,
other governmental units, and industries in the control of and/or
abatement of environmental and health problems.
m. The supervision and administration of a statewide solid waste
disposal plan including the enforcement of rules and regulations for
minimum sanitary standards for the storage, collection, incineration,
composting, grinding, disposing or other processing of solid wastes,
and for the construction, operation and maintenance of solid waste
control systems. Plans, maps, specifications, and a proposed
operational procedure report for a proposed public, commercial,
industrial, or agricultural solid waste disposal site shall be sub-
mitted to the administrator for his review and approval.
n. The enforcement of all laws, rules, regulations, codes and
standards relating to environmental protection and health.
k. The administrator, when so designated by the governor, shall have the
power to apply for, receive on behalf of the state, and utilize any federal
oid, grants, gifts, gratuities, or moneys made available through the federal
government, including but not. limited to the Federal Wafer Pollution Control
Act, for use in or by the state of Idaho in relation to health and environ-
mental protection.
5. The administrator shall have the power to enter into and make
contracts and agreements, with any public agencies or municipal corporation
for facilities, land, and equipment when such use will have a beneficial,
recreational, or therapeutic effect or be in the best interest in carrying
out the duties imposed upon the departrnent.
The administrator shall also have the power to enter into contracts for
the expenditure of sute notching funds for local purposes. This subsection
will constitute .:he authority for public agencies or municipal corporations
to enter into such contracts and expend money for the purposes delineated in
such contracts.
-------
U1U3819
6. The administrator is authorized to adopt an official seal to be
used on appropriate occasions, in connection with the functions of the depart-
ment or the board, and such seal shall be judicially noticed. Copies of any
books, records, papers and other documents in the department shall be admitted
in evidence equally with the originals thereof when authenticated under such
seal .
SECTION 6. 1. The administrator of the department of environmental
protection and health shall serve at the pleasure of and be appointed by the
governor, with the advice and consent of the senate.
2. The administrator shall exercise the following powers and duties in
addition to all other powers and duties inherent, in the position:
a. Prescribe such rules and regulations as may be necessary for
the administration of the department, the conduct and duties of the
employees, the orderly and efficient management of department business,
and the custody, use and preservation of department records, papers,
books and property belonging to the state.
b. Employ such personnel as may be deemed necessary, prescribe their
duties and fix their compensation within the limits provided by the
state personnel system law.
c. Administer oaths for all purposes required in the discharge of his
dut ies.
d. Prescribe the qualifications of all personnel of the department of
environmental protection and health on a nonpartisan merit basis, in
accordance with the Idaho Personnel System Law, provided, however,
that, the assistant administrators in charge of the division of environ-
mental protection and the division of personal health shall serve ac
the pleasure of the administrator.
e. Create such units, sections and subdivisions as are or may be
necessary for the proper and efficient functioning of the department.
SECTION 7 I The board of environmental protection and health shall
consist of seven (7) members who shall be appointed by the governor, with
the advice and consent of the senate. The members may be removed by the
governor for cause Each member of the board shall be a citizen of the United
States, o resident of the state of Idaho, and a qualified elector. Not more
cruin four ;;) members of the board shall be from any one (l) political party.
All members of the board shall be chosen with due regard to their knowledge
and interest in environmental protection and health.
2. The incmbers of the board'of health serving on the effective date of'
mis jet shall continue in office as members of the board of environmental
protect.on jnu ne.ilth, subject to the provisions of this act. In addition
to the member* or tne boor,I of environmental protection and health serving
because of tneir previous membership on the board of health, the governor
-------
_?_ U1U3820
shall appoint two (2) additional members. Four (A) members of the board of
environmental protection and health shall be designated by the governor to
serve terms expiring on the first Tuesday following the first Monday of
January. 1975- The remaining three (3) members of Ihe board of environ-
mental protection and health shall serve terms expiring on the first Tuesday
following the first Monday of January, 1973- Thereafter, all members of the
board of environmental protection and healrh shall serve four CO year
terms.
3. The board annually shall elect a chairman, a vice-chairman, and a
secretary, and shall hold such meetings as may be necessary for the orderly
conduct of its business, and such meetings shall be held from time to time
on seventy-two (72) hours notice of the chairman or a majority of the members.
Five (5) members shall be necessary to constitute a quorum at any regular
or special meeting and the action of the majority of members present shall be
the action of the board. The members of the board shall receive their actual
and necessary travel expenses and fifty dollars ($50) per day while in session
or traveling to and from the sessions, which sums shall be payable by the
state treasurer on the proper warrants duly certified by the administrator
and shall be exempt from the standard travel pay and allowance act.
I*. The board, in furtherance of its duties under this act ^nd under
its rules and regulations, shall have the power to administer oaths, certify
to official acts, and to issue subpoenas for the attendance of witnesses
and the production of papers, books, accounts, documents and testimony. The
board may, if a witness refuses to attend or testify, or to produce any
papers required by such subpoenas, report to the district court in and for
the county in which the proceeding is pending, by petition, setting forth
that due notice has been given of the time and place of attendance of said
witnesses, or the production of said papers, that the witness has been
properly summoned, and that the witness has failed and refused to attend or
produce the papers required by this subpoena before the board, or has refused
to answer questions propounded to him in the course of said proceedings, and
ask an order of said court compelling the witness to attend and testify and
produce said papers before the board. The court, upon the petition of the
board, shall enter an order directing the witness to appear before the court
at a time and place to be fixed by the court in such order, the time to be
not more than ten (10) days from the date of the order, and then and there
shall show cause why he has not attended and testified or produced said
papers before the board. A copy of said order shall be served upon said
witness. If it shall appear to the court that said subpoena was regularly
issued by the board ond regularly served, the court shall thereupon order
that said witness appear before the board at the time and place fixed in
said order, and testify or produce the required papers. Upon failure to
obey said order, said witness shall be dealt with for contempt of court.
5. The administrator, his designee, or any party to the action may, in
an investigation or hearing before the board, cause the deposition or inter-
rogatory of witnesses or parties residing within or without the state, to be
taken in the manner prescribed by law for like depositions and interrogacories
in civil actions in the district couit of this state, and to that end nay
ccxnpel the attendance of said witnesses and production of books, documents,
popcrs ond accounts.
-------
U1U3821
6. Any person aggrieved by an action or inaction of the department of
environmental protection and health shall be afforded an opportunity for a
fair hearing upon request therefor in writing pursuant to chapter 52, title 67,
Idaho Code, and the rules and regulations promulgated thereunder. The
hearings herein provided may be conducted by the board at a regular or
special meeting, or the board may designate hearing officers, who shall have
the power and authority to conduct hearings in the name of the board at any
time and place. In any hearing, a member of the board or hearing officer
designated by it, shall' have power to administer oaths, examine witnesses,
and issue in the name of the board subpoenas requiring the testimony of
witnesses and the production of evidence relevant to any matter in the
hear i ng.
7. Any person adversely affected by a final determination of the board,
may secure judicial review by filing a petition for a review as prescribed
by chapter 52, title 67, Idaho Code, in the district court of the county in
which he lives, within thirty (30) days after receipt of the notice of the
board's final determination. The petition for review shall be served upon
the chairman of the board, th-e administrator of the department, and upon
tha attorney general of the state of Idaho. Such service shall be jurisdic-
tional and the provisions of this section be the exclusive procedure for
appeal.
8. The board, bv the affirmative vote of four (k) of its members, may
adopt, amend or repeal the regulations, rules, codes, and standards of the
department, that are necessary and feasible in order to carry out the
purposes and provisions of this act and to enforce the laws of this state.
The regulations, rules and orders so adopted and established shall be
a part of this code and shall have the force and effect of law and may deal
with any matters deemed necessary and feasible for protecting the environ-
ment or the health of the state. Every regulation adopted by the board
shall state the date on which it becomes effective and a copy thereof duly
attested by the secretary of the board. The board shall provide public
hearings prior to adopting any code, rule, regulation or standard. The hear-
ings may be conducted by a designated hearing officer, provided, however, that
prior to adopting, amending or repealing any regulation, rule, code or standard
the board shall give due consideration to the testimony and evidence received
at the hea r i ng.
9- All rule making proceedings and hearings of the board shall, in
addition to the provisions of this act, be governed by the provisions of
chapter 52, title 67. Idaho Code.
10. All codes, rules, regulations and standards heretofore adopted by
tne Department of Public Health, the Board of Health, and the Air Pollution
Control Commission shall remain in full force and effect until superseded
by rules, regulations and standards duly adopted by the board.
SECTION 8. 1. The administrator shall cause investigations to be made
upon the request of che boora or ucmn re:eipt of information concerning an
alleged violation of this act or ot any rule or regulation promulgated there-
under, and may cau<_e to be made SUI.M other investigations as he shall deem
advisable.
-------
U1U3822
-9-
2. The administrator or his designee shall have the authority to:
a. Conduct a program of continuing surveillance and of regular or
periodic inspection of actual or potential health hazards, air
contamination sources, water pollution sources, noise sources, and of
solid waste disposal sites;
b. Enter at all reasonable times upon any private or public property
for the purpose of inspecting or investigating to ascertain possible
violations of this act or of rules, standards and regulations adopted
and promulgated by the board.
3. If an investigation discloses that there is a reasonable basis for
believing that a violation exists, the administrator or his designee shall
issue and serve upon the person complained against, a written notice, to-
gether with a formal complaint, which shall specify the provision of this
law or the rule or regulation under which said person is said to be in
violation, and a statement of the manner in, and the extent to, which such
person is said to violate this law or rule or regulation, and shall require
the person so complained against to answer the charges of such formal
complaint at a hearing before the board or a designated hearing officer at
a time not less than twenty-one (21) days after the date of notice. A copy
of such notice and complaint shall also be sent to any person who has com-
plained to the department respecting the respondent within the six (6) months
preceding the date of the complaint, and to any person in the county where
the alleged offense occurred who has requested notice of enforcement proceed-
ings; twenty-one (21) days' notice of such hearing shall also be published
in a newspaper of general circulation in such county. The respondent may
file a written answer and at such hearing the rules prescribed in this act
shal1 apply.
4. After due consideration of the written and oral statements and the
testimony and arguments that shall be submitted at the hearing, or upon
default in appearance of the respondent on the return day spec.ified in the
notice, the board shall issue, enter or make such final determination by
order, including but not limited to orders to abate sources of air or water
pollution, as it shall deem appropriate under the circumstances. If the
hearing is before a designated hearing officer, the hearing officer shall
submit a proposed decision, including proposed findings of fact, to the
board. The board shall give due consideration to the proposed findings and
decision as well as the transcript of the hearing. In all such matters, the
board shall file and publish a written opinion stating the facts and the
reasons leading to its decision. The board shall immedialeIy notify the
respondent of iuch order in writing by registered mail.
5. i.f such preventive or corrective measures are not taken in accordance
with the order of the board, the administrator may institute a civil action in
any court of competent jurisdiction for injunctive or mandamus relief to
prevent any further violation of such order, rule or regulation. The district
court in and fur the county where tNe violation occurred shall have power to
grant the relief asked for, upon nciice and hearing.
-------
U1U3823
-10-
6. Any person determined by the board to have violated any provision
of this act or any rule or regulation promulgated pursuant to this act shall
be liable for a civil penalty not to exceed one thousand dollars (SI,000)
per day beginning with the tenth day after the expiration of the time fixed
for the taking of the preventive or corrective measures in the board's order.
The method of recovery of said penalty shall be by action in the district
court in and for the county where the violation occurred. All civil penalties
collected under this act shall be paid into the general fund of that state.
7. In addition to such civil penalties, any person who violates this
act shall be liable for any expense incurred by the state in enforcing the
act, or in enforcing or terminating any nuisance, source of environmental
degradation, cause of sickness, or health hazard.
8. No action taken pursuant to the provisions of this act or of any other
environmental protection or health law shall relieve any person from any civil
action and damages that may exist for injury or damage resulting from any
violation of this law or of the rules and regulations promulgated by the board.
9. The board may, in those cases where the person has given evidence
of a willingness to cooperate with the department, permit a person against
whom a complaint has been issued to waive formal proceedings and enter into
a consent proceeding. The consent decree shall have the same effect as an
order by the board.
10. Notwithstanding other provisions of this act, in circumstances of
emergency creating conditions of immediate danger to the public health, the
prosecuting attorney or the attorney general may institute a civil action for
an immediate injunction to halt any discharge, emission or other activity in
violation of provisions of this act or rules or regulations promulgated there-
under". In such action the court may issue an ex parte restraining order.
SECTION 9- The administrator may employ counsel or may retain private
counsel. In addition, the attorney general may bring any criminal action
requested by the board, or may delegate this authority to the prosecuting
attorney of the county in which a criminal action may arise.
T
SECTION 10. The board may require the registration of persons engaged
in operations which may result in air pollution, and of persons causing,
permitting or allowing construction of any facility or new equipment capable
of emitting ,1 ir contaminants into the atmosphere, or designed to eliminate
or reduce emission^ into the atmosphere, and the filing of reports by them
with the board relating co locations, size of outlet, height of outlet, rate
ana period of emission and composition of effluent, and such other information
as the board shall prescribe relative to air pollution.
SECTION 11. Any records or other information furnished to the board,
adminibcrator or a designated hearing officer concerning one (1) or more air
or wacer pollution sources, which records or information, as certified by the
owner or operator, related to production or sales figures or to processes or
production unique to the owner or operator or which tend to affect adversely
the cooipe t i : i ve pus it ion of such a\...cr or operator, shall be only for the
confidential use of the board, administrator and hearing officer in the admin-
-------
U1U382'!
istracion of this act, unless the board after hearing determines the claim of
uniqueness or of adverse effect upon the competitive position of the owner
or operator is unwarranted, or unless such owner or operator shall expressly
agree to their publication or availability to the general public or unless
the disclosure of such information is required for the prosecution of a
violation of this act or regulations thereunder.
SECTION 12. (1) Any other provision of law to the contrary notwith-
standing, if the board finds that a generalized condition of air pollution
exists and that it creates an emergency requiring immediate action to protect
human health or safety, the board, with the concurrence of the governor as
to the existence of such an emergency shall order persons causing or contribut-
ing to the air pollution to reduce or discontinue immediately the emission of
air contaminants, and such order shall fix a time and place, not later than
twenty-four (2k] hours thereafter, for a hearing to be held before the board.
Not more than twenty-four (2M hours after the commencement of such hearing,
and without adjournment thereof, the board shall affirm, modify or set aside
its order.
(2) In the absence of a generalized condition of air pollution of the
type referred to in subsection (1), if the board finds that emissions from
the operation of one (1) or more air contaminant sources is causing imminent
danger to human health or safety it may order the person or persons respon-
sible for the operation or operations in question to reduce or discontinue
emissions immediately without regard to other provisions of this act. In such
event, the requirements for hearing and affirmance, modification or setting
aside of an order set forth in subsection (1) shall apply.
(3) Nothing in this section shall be construed to limit any power which
the governor or any other officer may have to declare an emergency and act
on the basis of such declaration, if such power is conferred by statute or
Constitutional provision, or inheres in the office.
SECTION 13. That Chapter 29, Title 39, Idaho Code, be, and the same is
hereby repealed.
SECTION U. That Chapter 1, Title 39, Idaho Code, be, and 'the same is
hereby repealed.
SECTION 15. The provisions of this act shall in no manner affect the
rights or privileges of any employee transferred under the public employees
retirement system (chapter 13, title 59, Idaho Code), the group insurance
plan (chapter 12, title 59, Idaho Code), or personnel system (chapter 53,
title 6?,' Idaho Code) .
SECTION 16. Wherever the words board of health appear in the Idaho Code,
they shall mean the board of environmental protection and health, and wher-
ever the words administrator of health appear in the Idaho Code, they shall
mean the admIniscrator of the department of environmental protection and
health, and wherever the words department of health appear in the Idaho Code,
they shall mean che department of environmental protection and health.
-------
~'2~ U103825
SECTION 17- This act shall be in full force and effect on and after
July 1, 1972.
SECTION 18. The provisions of this act are hereby declared to be sever-
able and if any provision of this act or the application of such provision
to any person or circumstances is declared invalid for any reason, such
declaration shall not affect the validity of remaining portions of this act.
-------
UiU3830
iTATE OF IDAHO
W. AMTMONV PA^iK " BOISE 8J72O
' '" ,7-aly 30, 1973
Mr. Thecdcre ?.. Rocrow&ki, ppgion.ni cour.cci
f.r.vircr.n:.jn'.:aj. Proteccion Agency
Reyior, ;:
120C Sixi.h Avenue
Seattle, Washington 93101
Dear Mr. Rcgov.'^ki:
As you have noted, Chapter 138, 1073 Session Lav/5
(Pollution Source? Porrrittr.) rjuthorir.os the at.lir.inipcrater to
r-eck an in junction in ordc:r tc abate the violation of tne
torms cf a poiluuion source perrr.it, while Chapter 139 (Com-
pliance ochcJlulcc) cior-i; not contain a similar provision.
Nofwi.thr tiiniing this diCf urence, howr>v?r/ the Dcpcrt-
ru«ui: of r.r4vir::-nnvjatni and Comnii.ir.ity Services do-js havo nhe
£'.uthori-cy uo seek ir.juncc.ive relief for trie violation of
coiao] i.r.noo iic'.iod-j lo s ir.ar.d arcis . Section 30-103(5), Idaho
Code, £uthori.?es the c.cLiinistrator to initiato an action
.(.'or i.n-ji.-nir'.-.j on for th'.» violation of r.n order of tlio bo<_rd
oL" JinvLr^r.r.'.'j'.-itril ar.tl Coru'v^nity Services. Inasmuch ai? the
bourd approves ail compliance schedules and diopter 139
specificul'y ntntca t-.iv.u anv com^lianco s;ch.'iduU» 'vl'.ich iuis;
lj«-.H!n p«i«'::o:i by the- bo.ird "^hc'til oocorac a final order",
violation of tnf tcrrric of a compliance sciu'.'.'Tu Lo cleirly
coir.o.s '-/it.hiri the provisions of section 39-108(3), I.C.
Moreover, j.n junction- as a logo I remedy is available via
section '3--102, I.C., upon the grounds stated thor'cir. (see
enclosure).
I h/;vc c-.lso onclonoci copi en cf the relevant stato law
citedr :;up/a.
If I may be of further --issistance, please don't hesitate
to contact .co at your corkv":.ixcr;cc.
Yours truly,
FOJ<-;;>1-.F. ATTOPMilY GCMICRAL
/// f 7"
r * *S f f. ..
/ '
' l o n e r;;.
-------
U103831
r?*73
v
.EMS,
>PLY
AND
AND
rei*
taad
stfce
a at
UK,
I be
:ion
rat
-r.t
Jbe
I of
r ii
fw:
\\i
CG
C. 138 "73 .
IDAHO SESSION LAWS
269
Be It Fnactcd by tlie Legttlaturc of the S;ate of Idaho:
SECTION I. Ihjt Chapter t. Tide 39. MahoCode. be, ami the same u
hereby amended by the addition thereto of a r.ew section, to bt known and
3ereot* -^".M be tntnir-hed l-y a
Hnc of not iuorc than tliree hundrtd dollars (S^OO) for wth se(iantc
viciatior.. Each Jiy upun wi:ic!i such viblanuu**occur» slull constitute a
separate violation.
SECTION 2. An emergency cxhtint; therefor, which (mcrgcfisy i*
heteby d-.-cljred ;c cxi*i. this act shall be in full force am! effect on snd aftsr
its paui-r,c ind approval. )
Approved Murrh 15. S9/.3.
CHAPTErt13fl
(tLB.No.UQ)
AN ACT
AMENDING CIIAITHR I. TITLE 3V. IDAHO COOP.. BY THE ADDITCN.
OF A NBV srrno.N .vi-iis. inAiiocornr. AUTUOHIXINIJ TUK
AUMINISTXAiOK. Ol; I.NVIKONMI.NTAt rKOII-'CIION AND
Hl-ALTH TO LSSUli I'OLLUTION SOUkCi: IM-KMITS IN'
COMHLIANCIT WITH STANDARDS AND PROCFDURcS
PROMULOATrD liY Ti!i:. SOARi.1 Oi; 1-NVlKONMtiNlAi.
PROTKiri ION AND Ht-ALJM ANW PKOVIIKNi; (:OK
BNJ-'OBCK.MENT OI- THE PERMITS; P:J:a-.tvil by (he Lc^L't'ir: of ihe jt.iic .' I Ijito:
ScCT'.ON I. Tlut Chapter I.Tiite 39. lU.ilio Code, be, and :he same s
hereby amenJcti by the Edition thereto ci° a nc* y.-ction. to be known a> i
destfistrt! as S.-cticn 3r»-l IS, IJJ:o Cc.Jc, and tc read as i'ollo..i:
39-1 IS. POLLUTION SOURCE PLX.MITS. - (I) Fne administrator
sha'l Pr/e t'«r authority :o i'.«u* pol!vt:"n scmr-.' porrr.it? ;i. sorepicncc wit!:
-------
r-ailJ383?.
2?0
IDAHO SESSION LAWS
C. 139-73
the standards and precedtim established by ths board of environmental
protection am! health.
(2) The administrator shall have-the authority .to sue in competent
courts to enjoin any threatened or continuing violations of any pollution
MMae IWIIHU* w vuutlliUu* th^rc-f -A-i^-.i-ut the r.ss::sty cf f. TT-TT
revocation of the pvrmit.
2. T,w provision! of. thK act are hrrchy dedanfd to be
HIM! *>f »ny provision of ilm act or the appH«;atio.i ol such pravKion
to any prson <>r circumstance is Uc^btcO invalid Tor any reavnn, such
declaration s^^n not affect th« validity of remaining portions of this set.
SECTION 2. An emergency exifttng therefor, which emergency is
hereby dtdar«i to exnt. this act shall be in full force *ny
town lim«i
sro
hereby «J- .
CHAPTER 13d
Ct B. U^. 1 -l 16, Idaho CoU*. and to read ss follows
SMI3. COMPLIANCE SFIIEPL'LES. - The ac'.ninistrator shaM have
the authority :o prepare for board apfrov;-! compliance schedule orders to
any peison who is the source of ai.y health hirjtJ. air cootaniinant, watrr
poliuticn. wtij waste or nonw for w!iuh repulatory stanJarus have bcf
e&t:blished. includine stat-Jsrds then :r. .-ffcct or to become efective at a
future date or at future successive dates. 1 he purpose of any compliance
AMfcKK
FA'
irvr.
BfT'K-...
hereby J.
WAT I
the snlr-
2.
and «»..
or prov-
the «?. tt
th.it :r
-------
U1U3833
73
int
iOR
tor
ie
i is
:r
C. MO 12
IDAHO SESSION LAWS
271
ID.
CH
IV
A
id
ve
to
cr.
:n
I 3
Ct
schrdulc order shall be to identify and establish sppropriste acts and time
schedules for inn-rim action* by thov: Arsons who are or vdio wil! be
iffcctcd by regulatory icand-irds, such ac:s and schedules being designed to
iisurs timely compliance by those ;ffeeted with the regulatory standards.
Tac .-idmir.iitruior sti jil solicit the cooperation ol" the person to whom '.f\e
compliance schedule orik-r will be directed in the selection of rhe ;erms of
such orJct. Any complianc: schedule o:Jsr when affirmrj by the board ot
em'ironiTienUl protection ind liealth siuli oeoome a fir.al order.
SECTION 2. An emergency cxiiting theret'cr. whui. emergency is
hereby declared to c.\:it, ;h;i act shall Lo in full force and effect on ind aflcr
its pasjojic and approval.
Approved March 15, 1973.
CHAPTER 140
(H. 3. No. 151, *j f
AN ACT -
AMPN'DiNr; si-: ."Tins 63-1051. IDAHO CODI-. F.HLATING TO
rr.otT.iUT i-xi-.Mi'T nxempc from -:a.<..::ion.
2. Csnals, ditches, pipeiines, flu:r:e-;. r.queducts. recrvoirs. &*1 dams,
i'nd any olr.ct n^cejior/ la'iilir,- used pnrn;r.:y for tha convcyuncc, scorinc,
or pro'/ii.'in'] of waic' for i!:e .rri'-'jtion o(" lands, are
-------
u
1U3834
30-103
HEALTH AND SAFETY
Such service shall be jurirdictional nml. the provisions of this section bo
the exclusive procedure for appeal. '
S. Tlie bouid, by iiie aitirmativc vr>te of four (-1) of its mor.ibers.
may adopt. &m d-*n «~ y.-hich it tccwiiii-- ciTc.-uve ana a copy
thereof uuiy attested by thn secretary of tho board. The_board shall
jirovide public hearinlr.< prior to adopting any code, rnli . n.--.rul: 110:1 _v.-r~
"'slHhrirird."'''r!i.U~li';ari.''.;;-^~;.'i;»y~bc~cr>iTriiirt-sii~^.jra~ d~ situated'hearing
"officer, provided, however, that prior to adopting, amending or repeal-
ing: any roRulatian, rule, code or standard the. board .--hall y.iv-? duo
corisidcrr.uon to the testimony and evidonco recoivd at the he-aria;:.
'' 0. A!! i'u!o mi: kin IT proceedings and hoarinsrs of the board shrill, in
addition to the provisions of this act, be governed by the provisions of
chapter 52, titi»? 07, Idaho Cede.
10. All couos, rules, rfrnlarions and standards heretofore adopted
by the department of public health, the board of h»a!th. an:niiilor's nou-s. l-'r.r n-.onnintr of The standard travel n-.iy nnd Vow.x-u-s
worH.x "liiJF net'' ire "O'lnjiii, r's aulc to art. rpfern-d In in M>:* '.??'.:. i; ,-«..;-
S 3C'-IO;. piled herein as t:>vnt flciTct'sI't-naltyliijunclions.1. The ad-
ministraior .shall cau»' invi::itifrations to bo niadu upon the ro>;uv\s*
of the board or upon rect-ipl of infurniai ion oonccrnin>' an alloe.i't! vii>-
l.'VLion of tlii:; act or o| a:iy rule cr rojculatioi; ])romult.sitocl thoreunuer.
and may caus.; to be made such other investigations us he shal deem
advisable.
2. The administrator or Ins desi.t:nco shall have the authority to:
a. Conduct a pro^r.ini ot continuing Mirv^illajici' tsml ol iTj'ular or
perio'lio i'l.spi-.-tion ..<" actual or potential health h.i/.arcis. air contamina-
tion sources, water pollution sources, noise sources, and of solid war.ie
disposal sites;
K KnU-»- at all reasonable limes opon any private; or pi:blic property
Tcr the ijnry.osc" of insp.^cl'.n'j,' -.>r ujvesti^atiny to ascertain possihh:
violations of this act v>r i«f ruli's, standards and regulations adopted and .
pi'omu!):ajiod iiy tho board.
?,. If an hive-siira! !.;? dis'.-?os.?s that the-re- is a roa.-'onahlo basis for
bc-heviiv/ that :i v;clp'.-cify the prc ;isio!i-
of this law or the i".;!e or iviv.ilalioii under which said porson is said
to be% in violation, ami a statement of tho manr.f.T in, a-id the extent.
to, which such person is said to violate this law or rule or r<:-cru!alien, -
ftr.tl shal! rcrqu're tlin v<'r.-on .-o iv>np';iii;«d a.minst to answer U;o ciiarires
CM" surh loriiia! coTplain: at a !:c.:r:n>' before- ;he board or a ticsi.-.rnaled
hcnri/i-,: cliic'-r at a time ::oi loss i'n:u\ iv.v:ity-o:ic f2H uays af:o- the
date of not ire. A cjpy of ^;:.:h not,re ;uul complaint siiail also be ser.t
to any pcrs.ra v/ho has cc.inilaineil tj the department resp-Jv.-f.ini: tiiC
197 ?.s
respondent- n-
comph.ir.t, a.-...;
currnri v.-ha h..
Oi.e c.21) uay.,'
paper of rrc:.e-.-_
written answer
apply.
i. After du>.
testimony ar.d ,-.
on default u: ^:
tioii by orucr.
air or water ;
stances, ii tJ-.i }
ing- oilicer sr.uli
of I'aet, to :::
propop-ci f:r. :.'::.
In ail such rrr v
stating tho i:.^.
shall imme'Jia:.;
rey>stercd r;:ujl.
5. If such -:
cordance with ::
a civil action in
ccrv-'i'i-.- s-ai-. nrr
hearing.
6. Anv por.-'or
xion of this a ft,
this ;u.t S^.lii '.--r
iloiiarj ( Si,';:.-(r )
ti^.i: of ti..; ti:: c
measures in U:o i.
shail be by act!,::
violation orctirn''.!
rjuid into tho /t-v.i-1
7. In adiiiiiur.
set shall be lir.i.^-
the act., or in ..;::-
mcntai d^urada1.:::
8. Ko artioi t_
other onvininauT.'.
from any -i-ivii ;:.-
resulti::;: froir; ;.::
tioi.s promulr;.'.tV>;
9. -The b»'0'.\i r
::<:
have "(.he san.o o:;\"
10. :;ct\vilh.-:.:
of omoi'i'i"1.'::-;.' ric..
hcaltli. ttu.' -,'!«-.
a civil action :''.-:
. :;icn or other :K t.\
-------
ice
m
aions of this section be
jr ('0 of it«;
~s. codes, r.r.d standards
'o in ovd'V to carry ov,t
aforce tho laws or this
t'n>_
iv>.\\ ;iL the hoanmr.
:of the boarn shall, in
ri by the previsions of
ils iicrttofcr? adc.pi.rd
:f Jv.'aith, ar.d the air
I foro1: and eriect until
i duly adopted by the
j trr.v?'. pay r.n^ r>'.l
:o i" Ihi-i Si-tlior:. is cotn-
i Sfj 6/-U07, GT-rJUo.
__ Complaint Ilcar-
"""""inrtions. I. The ad-
ide upon \\\n request
fciirnp an Hlcffed '-'io-
.rr.ti'paU'd thereunder.
ioi-..s as IIP shall deem
re the authority to:
ncc and of i-j^uir,r or
p-tarrif. air contamma-
en, and of solid waste
UJLU3835
nte or public property _
to ascertain pos?i!)!c
^ulaticr.s adopted and
i reasonable basis tor
r or his dcsij^nee shaii
rif.t. a written notice.
specify tr-o provisica
h said person is :;aid
r»r in. and the extent
.,.^.or ri'l-j or re^'ul.'if.ion.
-^to answer the charges
bor.dl r.r a iit.iir:iati.'d
? (21) days af'or the
r.t shall r.ls.i bo -vnt
ENVIRONMENTAL IT07ACTION AND IlliALTH A(M*
39-108
respondent within '.he six (G) months preceding tho dntc of the
complaint, and to any person in rh" rr.ur'fy v.horc the alloc-jJ oircnse *>c-
curt'jd who has rern.iesfd I'otiro of ciifoivotriei't procecdiiuri: twenty-
one ;2J.» days' not'ce of --rch hearing :-hail aiso be p'.ibirshed in a news-
paper o: general circulation in such county. The respondent may tile a
written answer and at such hearing th;: rules prescribe in thi.-. ace snail
apply.
t. After d'.ie consideration of the written and oral statements and the
testimony and arguments that shall be submitted at the hearing, or up-
on default in appearance or the respondent on the. return day snoeifiod
in the. notice, tho board sha!! issue, enter or mako such f'mnl dnfr'-'rirr.-
t-;.->Ti >,» -jvdci'. ::;c!i.i!i>i^ inn. no1. iitnit-iU to cru'er.* to abatfi sources of
air or "water pollution, as i't .shall detm appropriate under the circum-
stances. If the hearinir is before a c!r.--.i>nateci hei-.riiii: ut;ieer. tho hear-
it:;f otiicer .shall submit, a proposed 'lecision, inrl-jdititf pri»p'«.;ed lir..linrs
of fae*', to the board. Tho r.oard s'nali e.ive due <-iii>.-:idfr:tiinu to tho
proposed findings and decision as w.-l! ;-s the transcript of the hearing.
in all sucn matters, tho b--»;ird shall file and puUi.ih a. \vritten opinion
stating thv? fucti and the reasons leadirc; to its decision. Tho board
shall imr.v.?di;HeIy notify the respondent of sncfi order in writing by
re^ristored mail.
(Jl-J '-f such preventive or corrective mo.isi:ivs arc not taken in ac-
ron'ance with the order of the board, tho administrator may institute
a civil action in any court of competent, jurisdiction "or i'ljim.cr'.ve or
mandarv.'jf. relief to prevent any further violation of su'.rh «>ni..-r, n;!o or
revrulatiin. Tho district eourt in aiiil for the county whero tlie violatioix
occurred -*hail havo no\v«?r to grr.nt the rc'ruf askid for. unon uon.-o -..rvj
h <7 'i * i p.' ff
\~. Any person determined by the hoard to have violated any provi-
sion of ihl* acfc or ;'.ny rule or i'e;.*nLuir/n nrorn'di-atcd piirsuant to
tins act >hall b-r liable foi a civil poe.aity noi to exceed one tliousand
dollars (^1,1)00) per day bej.:in;iinjr with the tenth drv ;it'ter t.':\c ^xpira-
tion of the time fixed for the takin.cr of tho pio%entiv^ or corrective
measures in the board's order. The method of recovery of s-iid penalty
shall be by action it: tho district c'-urt in and for the county where the
violation occurred. All civil per.alli'es eoik-.-ted tinder thin act i'-hall bo
pr.id into the- general fund of the state.
T.. In addition to such civil p«nr.!Lios, any norson who violates this
'act stall bo liable for any expense incurred" by tho state- in eat'or"i:;ir
the act, or in entorcinf: or terminatim* any nui.san'.-e, source o*f e.-tviron-
mcntL-l det:ra,iation, cause of sickness, or health hazard.
truns nrnmtd^ated by tlic beard.
9. (.he? board m:--,-. in tho.so ^.asr-s whoT-: tho person has rivr-n evi-
ence 01. a widir.frne-.* fo .joporuf? vvith tho dcr.arv.iKTit p.^miit a pnr-
son araitj.-t whom a complaint has boon issued to v.-;.ivo formal pr-^
son
cced.np arc! er.ter into a corssor.t proa-vim-.:. The consent -J.xr.--o shall
njv,-; the same e;!ect a.i an order hy the board.
_10. Nofvith^andin
pt c-Mi-jr-r.,:-;.- ^re.-.tir.-
nca^.-i. tnc ;:rr,.-ocnnnr aito'-noy or the- ...
o'-.-:.- prov!..-;.,r., of
(-..."..litions of iiv.rn^i
this not. in
a _civ:i ar»:.;n :<;r
s-.on or uthor aas
to
jan {.-.-, r to 'lie
.--;-.u-''-:il rn-y <~
t any Jisrh^H-..
of i-.'-ovisi-jr,.-; of ihis act or
-------
U1U3836
39-109
HEALTH AND SAFETY
198
rerrulntions promulgated thereunder. In such action the court may issue
an ex pnrte re?tr:>inini: order. [1072, ch. 3-17, § X, p. 1017.]
Compiler's note. For irentiinjs of words
"this act" s«.-o compiler's mile to Jj 23-101.
30-100. Employment of counsel CHminaJ notion nuthorhrctl. Tho
»^_. :..:.*..,.. ............ '... .- ...... i . ............ .. ..- ...... : ..... . ----- .... T_
Mt*..*< A *w *»* ».V»« » ..».0o. ^.*tl'B^.'^* \,Wfc.*»**W& WA 4..h.J A V. .. b« . 4 A ^*. I t ^ wUl*.»-.'v»a *4»
addition. the attorney ;rem?r:il may brini* any criminal action r:v.juested
by the board. or niriy rio!o;:nto th's .'uit.borily to thr> protitin.T attor-
ncv of-lhe eo'.uitv in wh-ieli a. crimiiiuUacticm nuiy ari.-i'. [1'j'il*., eh. .'{.17,
§r designed to eliminate or reduce
emissions into the atmosphere, :md trie ulinjr of reports by them with
the board n.'latim? to location?, size of outlet, heiftht 01 outlet, iTite
and i:criod of tinihsion ana componition of diluent, and sue!; othor :n-
foiiTiat.iori as the board shall prescribe rotative to air pollution. [137^,
ch. 347, § 10, p. 1017.]
33-111. -Utpot Li containing information tvliicli. ailvt-rsirly aft'c-.-t com-
petitive positions to.be I'.oki ronlMlcnii:-.!. Any re-cords IT other hi-
fominUon i'urnii i'l-jd to t}:c boarct, auinini-jtruior or .t designated h.L-ar-
irj: oHi'jcr conccrnijij: one (1) or more air or water pollution source.-;,
v.'iiich records or information, ::s .crtifiod by the owner or operator,
rckitc to pnx'ur:t!on or sales figure.-? or to proces.-es or prudiittiori
unique to t!ie ov.'iivr or operator or which tend to nlFect adv^rafly th»-
competitive position of such ov. nor or opera lor, shall *>e oily for the
confidential use of the board, ariministratoi; and hearing ollicfcr in the
administration' of this act, unless the board _a.t'ic-r ht-ariny determines
the claim ot' uniqueness or of adverse oli'm u;>->:\ inc competitive-
position of the ov.-;:er or operator- i.-;_ii:iwarran! ed. or miles.-', mich owner
or operator shall expn-ssiy a^rec iu tniiir jIDWication or avaiiabiliiy
to the general public or unless the disclosure o-f such infoirnaticn is
required i'cr the pvo.sccution of r, vio'ation of this net or regulations
thtrouador. [3072, ch. "17, §'l], p. 1017.1
Compiler's notv. V'tr incnnii>? of words
"this act" see co/.i^il«-r's not«: lo S SJ-101.
39-J12.' ICmcrcrcnry Order llonn'nj: Mmlificnlior, rffirmanre. or
setting aside. (1) Any oilier ^rovis-'oi! of law to the ctuitrriry not-
withslandinf;. "if the board Jim.* that a vent.-i.;li:'.cd conuilio:i of- ail-
pollution exists and '.Mat it creates an omen.'cncy roquiriiifc i:nmc-diaa-
'action to protect human health or- fafety, the board, with the concur-
rence of the governor as to the p. the :ur pu::utio:i l-j reducv oi
immcd'iairU- tr.e eiriisi-ioii DI air i.-onlaminants. nnd SUCH
.-iiul pl.ico, not later Hum tv.v.iiy-f'HM- (2!) ho-.ir:
fin,r'. to '»! In-Ill bi'foro the b'.>-ii-'.i. Not nir/'-i- than
tivt-nty-foiir (Jl) !ui-.n-s after 'he c'«:;-.:i!encoip..'n( ot sikh hc.'irin.i:, a:n
'ordor sliail f>v a-
tliorrrif'.or, for :».
wii.ho:L ncu
asicJo its crdor.
(2} In the
'hcrc-of, the b .u-d shr.ll ?.!:U-m, modify or IM;'.
of a \-^r:r.i}hc - conditi-r: of :.i:- pnll^'iuM >Cthe
199
r imminent (inn:-
pcrson or pcr.-:oi:s r.
to reduce or d.'.--cf.n-.t
previsions of <}:!.s .-.,
affirmance, mo.linc.-t
section (!) :--ti;,il .,
(3) Nolhin" in
v-'hich the j'ovcrrot i>
and act o:. i!,e r,.-;...-,
.statute f.r con "i-ut
347, § 12, p. 1017.J
Compiler's notp. for [
"this uc:" sc.-- vun.i.ii.-r'-'
30-113.
fcclrd. Thr- nrr.vi:,:
or privilpty.-s of ?.*\-
retirament syj;-..|M ,,
anre pint; 'chap'.^- i
ter 53, titli- G7. loho '
Compilrr's notps. V,
"Oils act" sec "rtinft',;i -'. .
29-11-1. .'.dminish
tho Ll;,!io Cotj... :
ar-d hcp.i'.h, ai.d v. i
the Idaho Cr.cU-, ;,.t
r.ient of health L r.
of enviroiinifciilr.! ']
f'ompilor's not(> ,c,
107i. ..-li. :;.!- p.-ov:i:';.;!
<-:foot frora :i;i.! :n'u-r
Sociion IS ,.." :;. L. ;:
"The provisions of :::
docLircd'to bo
39-1 in .'',9-12", ;:i*-l
Compiii-r's mil. . p\.-
115 ."'.i-ilV, ;;- !;-. v. -
1.. U.'r,7. ct>. "I' >",
i5c:\ c;.. 1:1, ^ :. Vi ';
1'. 1000; I. <;.. 'j :., i-
33-131. Am!.:iT,;.
pose of tho !(..' i !.::
act to rcc'~>:'i;i:re ::.
> o r1.* ' r c* °' '.'tr.'i * o * '
p;:m«o, l!i;s :n.-. -
ISOJ, Id.'!. .-> !>.:.-.
en-.c-i'jreiic.1.' i::<".:., , :
or an anf:jn!:!".r-- :.:
in this ;.ct. ;[ ,;!;
Com pile r' s i"i ( i ^.
i.iV- i,-. S I. :'. ' ,
-------
\
i,
ix*nf in.
r modi-
? court
rule by
B r.. eJ.
-nty Irr.
- I Idaho
l Slofk-
I; Kvani
175 P.ic.
! injunc-
U13. b'J
^ife Ins.
SO.
rary :n-
, all fall
f an in-
W Idaho
i ir. ir-
rtcnjiro-!.
i IOC, ;J
"inon the
,p..i bcrn
''e:i onlcr
I.
!
4-J9
INJUNCTIONS
8-402
until th* fiancr of t!m complaint nnd the
r?qu;rcd undertaking. Eln-.orc Ccunty
Id'i'ho 4~Q, I-'-' Pao. tiiG.
Minister!:1! Act-, of Public Officers.
Injunction will not lii to re-strain a
tilitiistoriul act by a piibhc oliirial where
no property rights nro involved. 1/ono-
vnn >. Oous-l'-Tfy, -i Idaho rt2'_', 174
Foe. 701.
Remedy Trevoptive.
An ir.jjtn.'ti-m can only is.^ue tc rc-
iLl-iu liiu .:uni.iii.-.->ioil ul J. lutv.rc or con-
fa^ >rr^nted to restrain r.n net which lia^
fusn!. Evans v. Pi.itr-ct Court, 47 Idirho
7 'JC. 99.
[H Idaiio .1.">^, i ! 1 "no. 1.
Until r this section an injunction is a
writ to restrain a contemplated not and
net a writ cwtnTaniiir. 3 pi.'.-.or. '3 do
a certain net. Hrfr.r?n v. St-'.-ic1. U' Idaho
71, tl? P?.'. Sir-; (.'M -oh.-irir-;:) Fi.-chcr
f. Davis, IP .'dalro liili, 1H: I'at. U-i;
Bctn v. Davis, 3J Idaho 7L'0, 175 Pne.
\Vlierc it appearj that the act jouj:!it
to be t-njci-.cd haj bevr. dor^L-, the court
will not upcn .ippi-.il .-«'/!»« an c.r'.lor ol
the trial court dijioivm^ a ;/r-:iiir.ir.p.ry
iniunction. Ab».-!--. v. Turr.er Tru.it Co.,
31 M:^o T7T, !7ff P.T-. XS :
purpose of prcvenMrnr and
txecutior. of tr.rca?t;i:i.-d .«nd
unporformuJ ar.'.j unv sci:ii'.:.'! i'ac. KliJ.
\Vhcrn a lcmi»',r:iry rci.r.nirrn onfcr
5s issue;! unoti a vi-r-lii'il r<;nip::iint. it
will not h<; vacated on aioril. w'-n"-«
i:i« uilv^aiiuiv; ol tin: <:niii; lan.t'uiu suiii-
'.i?r.t to justify !i-'.- is«u.in'.s u:' t:.o or.l-.-r.
ITirtnan v. Success Min. '7o., ~.Z 'dr.ho
'iJ.'i, i .'L' far. j<).
A rostr.iinivt; ordrr ii di.j'Jnrtu.Vn.'iMc
from nn iiijiini:'ion, in lli:ti a n-.iraintii!*
dru'iT is ii:r,i;ndi'r:ly u-. .1 rritr-'int u:uni
tlie dercndant until tlio propriety of
;'r:i!it:nt; -t\ inj'jnctior:, temporary or
I'-orpetu.i!. can he d^ti-miim-d, anJ it
il'.";3 no nio-rr- 'l-.r.n ro.itrai'i tin; prjcoi-i.-
ir.^s ur.tii such de'.ernnnaiiori. Scnolf. v.
American Surety Co., j."> IdaiiO -'1)7, JO'5
Pac. 1ST. _
On anpli»..iticTi f.>f preli'.ninary injuriir-
tion it i.i not noc-.-.-rary taat v.^^ should
bo made out Minf ".'(/i:'.!! ei;;:!e ci.t-.t-
piajur.!; to ri'lii'i" at a!' "V-.-riTs i>n tiaal
in-uj ir.:r. Uowlund v. Kel!1.^^ I'o*.v»r ic.
Co., --0 Idaho L'1'J, 2"" !';:.-. :C'J.
A ttoLTcys' f^rr- r»re .oc'iv't.-raoic on
restraining order?. L'avi-'jOfi Grocery
Co. v. United States V'uii-iiiy i <7u.->r-
r.n'.y Co., Zi )d-iii.> 7!>o, _'l !'.!<-. l.Cd) 75.
Collateral Refcri-i.t.?.
For othe.1 dolinitions of "ip.j'anction,"
.ie-j ^0 Am. Jur. li»7, § 1!; O'J C. J. 10,
51.
8-102. Grounds Tor injunction.An injur.ction maybe prnntcd in
the following cases:
.1. When it appears by the complaint th.it the plnintifT is entitled to
the reliei dumamiou. a.'id such relief [.] or any part thereof, cor,.si.--t.s in rc-
strsinins: the commission or continuance of the act complained r/f, eithor
tor a limited poriod or porpetu.nily.
2. When ii a; pears by the complaint or nt".fiavit th.it the commission
"r continuance 01 sorivj act duriinr tr.s lit'.'ration \vouli! produce waste,
JT^oa: or irreparable injury to tiio p'n;ntifF.
-1. Whon it appcnrs, l>y ;ii:u!av:r, i!i;ic the fietV!i(!;uit durint: t.he ncn-
nency of the act:->r., tr.rearr-ns, or is nbout to n movo. or to tiispo/e of liis
property v.-ith int-'-nt to dofrnini 'ho i;!.-\ipfill, PV. ;i!;-'r?rt:on order m:;v
"e L'ranuxi to rcst'-.iin '.ho rcrcov.-.I 01 di.s:;ja;tio:;.
B7
-------
PROVISIONAL REMEDIES IN» CfVII, ACTIONS
450
o. An injunction may also be granted on the motion cf the defendant
upon filing a cross-complaint, praying for affirmative relief upon ary of
ar.d provisions provided for the issuance of injunctions on behalf of the
C. The district courts or any judjje thereof sitting in chambers, in
addition to the pou-cr.s already possessed, shall have po-.ver to issue writ'.
of injunction i'or uUirinative rciief having the force and eiTect of a v.-rit
ox resmution, rostoniM: arty p'.'n-Mii or P-.TSOIIS to CI\K po.-..-».-£rn by on try of the
ndvcivc p;»rty on Sarlic.s to t*^-ir lej^a! riiriits oil all o'hi:r questions
tho jsame as though no such writ had ic.sj_>oit /.o.'iirii? Acl. ijijt.ttc'ciw.i M^r.tr.ot
».i:., C.T. n
\ iOlU* lv(l;,, ... . l
Punk atftrricvctJ by ^efio:i of comn'iip-
sioncr of fir.&:icp in tukinv posso^sion
of its ftsse'.s, risht to iiijunv'.ion. S 2'i-
t'OO.
Coopcrativ.' niarketirj' a?.-cciation«,
threafA-no.l breach oT marketing contract tioti. i.ijunf.ioa to rosttain, i J1-405.
by mctuhcr, injunction u^uiiut, i ---
2C17.
iJrainacrt; (I:?fr;rtfl, niur'Iatory injunc-
.
Tiiuhor or. rtnu '..-..-.Jr.. ir.jvnr.irr. to
rc'tr:i::i «r:'.-.v, n', * -".°. ''".
Tollinjr c'i stntutt of li.tiitr.tion? v.hcn
uctiuR jLayi.j' by injunttioti, s J-J3S.
Tra.le labf'.s nn.i triiie marks, in-
frintT'.'Tcnt, injunction n-.-air..-t. 5 ! 1-C05.
V.'asto on ;ir:''i.-.-r'. y :-o'i umle' "ixt^u-
Comp. lop. Arir.. CoJ.'.'rnlin~ fore-
closure or fof.voy:»!.'-e ;in-T uxceution
salt, in.iancti.in :.!p:«inst. ,ji C-107.
Liquor. lictn'O !^r «:>le by drink, in-
ju:iftion to rnr-'1"01 r.'vocation or sus-
L'taii. Cod* 1043, 5 1C-1-17-1.
Citwl in: Thayur v. Edtamy. 9 Idaho
1. "1 Pac. 5\-\; iVrrrmlt v. Ko'ji.-.son, -'
IJaho '.'i;?, 158 1'ac. 1C.-I.
nc-y ntny :it>:i:>*. ?;*."'! i'0"i;
Afiequatc rtmc'ly at Jaw.
]>'\- cv-tion nf vourt.
I;iji;vti<>i; jii-ii.i. riii; lite.
'.icn', 5-3-700; perpetual injunctiun, li it | -!7-'1i'''.
IVlalo llra.li'iic Act, injiinc'.ion ai'iiinsl
vinlu'.ions or
9.12.
---- Criniif...!
-. In -.uninc
rji-.'.rnvtr:;y cnses.
\Vr._
.\ HI. i'
in-lit
f , r
j.. ......
W-,.^.' .
U'lr.
.ca.-. r
'V
f..-!l
r.-..
Kuisanrci.
-------
04/29/75
-------
STATE OF IDAHO
Of CNVIMOMMCMTAI. AND COMMUNITY CCRVICCS
CECIL D. ANDRUS BOISE JAMES A. SAX
GOVERNOR ADMINISTRATOR
June 11, 1974
Edwin L. Coate
Acting Regional Administrator
U. S. Environmental Protection Agency
Region X
1200 Sixth Avenue M/S 509
Seattle, Washington 98101
Dear Dr. Coate:
Attached is a copy of Idaho's analysis of potential
air quality maintenance areas. This analysis was adopted by the
Department on June 11, 1974 as Chapter XV of the Idaho Air Quality
Implementation Plan.
Please incorporate the attached document, "Designa-
tion of Air Quality Maintenance Areas," into the Idaho Plan.
Sincerely,
PARTMENT OF ENVIRONMENTAL
COMMUNITY SERVICES
JB/va/ES
Enclosure
/Administrator
/ .
-------
. STATE OF IDAHO
DEPARTMENT OF ENVIRONMENTAL AND COMMUNITY SERVICES
Cecil D. Andrus
Governor
Statehouse
Boise, Idaho
83720
James A. Bax
Administrator
June 11, 1974
As Administrator of the Department of Environmental
and Community Services, I hereby adopt Chapter XV, "Designa-
tion of Air Quality Maintenance Areas," as an addition to the
Idaho Air Quality Implementation Plan.
JB/va/ES
/James A. Bax, Administrator
\
-------
IDAHO AIR QUALITY IMPLEMENTATION PLAN
Chapter XV
'DESIGNATION OF AIR QUALITY MAINTENANCE AREAS
-------
DESIGNATION OF AIR QUALITY MAINTENANCE AREAS
The 'Federal Clean Air Act requires not only that the ambient air quality
standards be attained by July 1975, but also that they be maintained once they
are achieved. On June 18, 1973 the Administrator of the Federal Environmental
Protection Agency published in the Federal Register amendments to 40 CFR part 51
which clarified the responsibilities of the states in this regard under the act.
Pursuant to these amendments, all states are required to identify those areas
(cities, counties, SMSA's, etc.) which, due to current air quality and/or
projected growth rate, have the potential for exceeding any national standard
within the subsequent 10 year period. These areas are referred to as air quality
maintenance areas (AOMA.'s).
Once an area is designated as an AOMA, the State is required to develop a
comprehensive plan, or control strategy, to ensure that the standards are, in
fact, maintained. States are further required to re-evaluate their ACMA. desig-
nations as well as their control strategies at five year intervals.
Idaho has evaluated those areas which could potentially qualify for de-
signation as an ACMA and has determined that no area need be so designated. An
analysis of potential problem areas follows:
I. The Set "2" Pollutants
The set "2" pollutants, namely carbon monoxide, photochemical oxidants,
hydrocarbons, and nitrogen oxides, are classified as priority III in all areas
except AQCR 062 where CO and N02 are classified priority I, based on the con-
centrations measured in the Spokane area. Concentrations of these contaminants
in the Idaho portion of region 62 are estimated to be well below the primary
and secondary standards.
The only other area of potential concern with respect to the set "2"
pollutants is Boise. However, estimated air quality from automotive emissions
(based on population} in Boise, Idaho's largest urban center, indicate that this
metropolitan area is currently meeting the ambient standards for these Set "2"
-------
pollutants. The reduction in emissions which will result from the new Federal
Motor Vehicle Emission and Fuel standards has been estimated to more than compensate
for any growth in numbers of motor vehicles in the Boise area. Therefore, this
metropolitan center and Region 64 will probably remain a Priority III region in
the future. Appendix A presents a detailed estimate of projections of these Set
"2" pollutants from autos in the Boise area.
II. Sulfur Dioxide
Unlike particulate emissions which are generated by both major and diffuse
sources, sulfur dioxide emissions result primarily from only three industrial
facilities in the state: The Bunker Hill Company in Region 062, and the J. R.
Simplot Company and Agricultural Products Corporation in Region 061.
Any control strategy designed to maintain the national ambient air quality
standards beyond 1975 must take into account two factors:
- The effect of emissions from existing sources
- and, The effect of emissions from any anticipated new sources.
Current or proposed requirements in other sections of the Implementation Plan
are designed to ensure maintenance of the ambient standards in the vicinity of
the existing plants. Specifically:
- A regulation for the Bunker Hill Company which will require attainment
and maintenance of the standards through permanent emission control and
supplementary curtailment as necessary is under development.
- An emission ceiling has been placed on Agricultural Products Corporation
which limits sulfur dioxide emissions from the entire complex to 27,000
pounds per day. This emission rate has been estimated to be adequate
to prevent future violations of the ambient air quality standards.
- The Department is currently developing an emission ceiling for the J. R.
Simplot Company's plant in Pocatello. The emission rate, which will
probably be implemented in the form of an air contaninant discharge permit,
will either supplement, or replace the existing regulation governing sul-
furic acid plants. As with the other emission ceiling, this one will be
-------
set at a level designed to insure compliance with the ambient standard, regard-
less of future expansion of the company.
Portions of the current Implementation Plan are also designed to prevent
violations of the ambient standards as the result of the influence of new sources.
Chapter XI of the plan provides that no permit to construct or modify shall be
issued to a potential source until the applicant demonstrates to the satisfac-
tion of the Department that:
1. The equipment to be installed is designed and will be constructed or
modified to operate in accordance with the Clean Air Act and with all
applicable rules and regulations, and
2. The equipment, as designed or modified, will not cause a violation of
any applicable ambient air quality standard or cause degradation in
violation of the Act.
III. Suspended Particulates
The suspended particulate levels in Idaho's ambient air are the result of
emissions from both major and diffuse sources. Major sources of emissions in-
clude process losses, solid waste disposal (including wood wastes) and emissions
from fuel burning equipment. Diffuse sources include natural fugitive dust,
dust generated by traffic, building demolition, etc., as well as emissions
from such area sources as residential space heating. A more detailed summary
of particulat-e emissions is found in Chapter II of the plan.
There is justification for excluding the emissions from several source
categories from the "roll-up" calculations used to determine potential AQMA's.
The rationale for so doing is as follows:
1. Major Point Sources
The arguments for handling major sources of participates through existing
SIP mechanisms are similar to the arguments stated previously for sulfur dioxide
control. The Department intends to apply emission ceilings on the larger major
sources. These emission rates will be consistent with the emission rates deter-
mined to be necessary for protection of the ambient standards.
-------
New major sources of participates will only be permitted when the applicant
satisfies the Department that the emissions from the proposed new source, alone
or in combination with the emissions from other sources, will not cause violations
of the national ambient air quality standards.
2. Natural Fugitive Dust
The contribution of this source category should be excluded since natural
fugitive dust levels can neither be related to future growth nor controlled.
This position is consistent with the position adopted by the Environmental Pro-
tection Agency as expressed in the EPA document "Guidelines for Designation of
Air Quality Maintenance Areas."
3. Urban Generated Fugitive Dust
Chapter IV of the plan describes the problems encountered in trying to
demonstrate that the national ambient air quality standards for particulates
could be met by application of emission control regulations on stationary sources.
As a result, a study was conducted in Moscow, Idaho in the fall of 1972, and in
i
Twin Falls in the summer of 1973. The results of this study led to the adoption
of a strategy designed to attain and maintain the secondary particulate ambient
air quality standards throughout the state. This strategy was adopted as Chapter
XIV of the plan.
The study results indicated that the major source of the high particulate
*
levels in central business districts is fugitive dust. Accordingly, the control
strategy for attaining and maintaining the ambient air quality standards is
directed toward the controllable sources of fugitive dust emissions. This is
to be accomplished by enforcing the existing fugitive dust regulation.
It is not possible to quantify the reduction in emissions expected from
these fugitive dust sources since no reliable emissions estimates are available.
For this reason, roll-back (or roll-up) calculations cannot be used to predict
the effect of any control actions on ambient air quality. However, the study
results, as well as results from studies in other areas, indicate that implemen-
tation of control measures against the sources discussed in Chapter XIV will
-------
result in a significant improvement in ambient air quality. It is assumed that
this improvement will be adequate to attain the secondary standards. It is further
assumed that these control actions will be sufficient to maintain the standards
in the future since:
a. The participate study discussed above did not show any correlation
between particulate levels and city size, area population, or degree of commercial
or industrial development. The urban fugitive dust levels appear to average
50 ug/m3 regardless of other considerations.
b. While there appears to be no definite relationship between fugitive
dust levels and economic growth, if a correlation does, in fact, exist it
would be reasonable to expect it to be an inverse relationship, (ie, as the city
expands and develops, fugitive dust levels decrease). This position seems
reasonable since as a city develops the following would be expected to occur:
* Unpaved streets and alleys near the central business district would
be paved.
* Unpaved road shoulders would be replaced with curbs, gutters and
sidewalks.
* New buildings and parking garages would be constructed on unpaved
parking lots and vacant lots.
As.indicated in 'A', above, it is not possible to develop an air quality
maintenance plan for the control of fugitive dust. As indicated in 'b', above,
even if one could be developed, it may not be necessary'.
In summary, existing or proposed provisions of the Idaho Air Quality
Implementation Plan are designed to prevent future violations of the ambient
standards resulting from emissions from major point sources and urban generated
fugitive dust.
Two general source categories remain: smaller point sources (asphalt
plants, etc.), and area sources (space heating, incinerators, etc.). A source
by source analysis of new or modified facilities in these categories is not an
-------
adequate means of evaluating the overall air quality impact of future growth.
Therefore, it is necessary to evaluate these areas where, because of existing
source density and growth rate, potential air quality problems could exist.
The methodology for making such determinations is described in EPA publication
OAQPS * 1.2-016, "Guidelines for Designation of Air Quality Maintenance Areas".
An AQMA analysis has been performed for the Boise area (AQCR 064). The
Boise area was selected for analysis for several reasons:
* The Boise area is experiencing a rapid growth rate. The effect of
growth on ambient air quality should, therefore, be most significant
in this area.
* Boise is a Standard Metropolitan Statistical Area. Therefore,
demographic and economic projections for future years are readily
available.
* Essentially all of the inventoried emissions in AQCR 064 are of the
type that could be expected to increase in proportion to area growth.
Following are the Boise Calculations:
Table I Projected 1985 Emissions
Source Class
~
Fuel Combustion
Process Losses
Solid Waste
Transportation
Miscellaneous
70 Emissions
TPY
1099
989
354
658
44
75 Emissions
TPY
683
331
2
658
44
Growth Rate
.4
.4
.1
.1
.4
Adjustment
1
.4
1
1
1
1985 Emissions
TPY
955
383
2
724
62
Total
3144
ins
2126
The 1970 and 1975 emission rates were calculated elsewhere in the plan(refer
to Chapters II and IV and appendices C and I). The 1985 estimated emissions were
estimated according to the technique specified in the OAQPS #1.2-016 guidelines.
The table above indicates that 1985 emissions will increase by 25% over
the 1975 rate, but will still be over 30% less than the 1970 emission rate.
These emission rates can now be related to projected ambient air quality.
-------
The 1970 and 1975 data in Table II was derived from Chapter IV and Appendix I of
the plan. The 1985 ambient contribution was estimated using the familiar roll-
back technique.
Table II Projected Ambient Air Quality
Year Emissions Ambient Contribution* Background 1985 Ambient Air Quality
TPY .
1970 3144 10 ug/m3 30 ug/m3 40 + fugitive dust contribution
1975 1718 5 ug/m3 30 ug/m3 35 + fugitive dust contribution
1985 2128 7 ug/m3 30 ug/m3 37 + fugitive dust contribution
* Using the model specified in the August 14, 1971 Federal Register.
As Table II clearly demonstrates, the effect on ambient air quality of all
inventoried sources is relatively small both in 1975 and 1985. Actual measured air
quality in 1970 averaged about 90 ug/m3. As explained elsewhere in the plan, the
additional 50 ug/m3 is caused primarily by fugitive dust.
Clearly, then, any strategy designed to attain and maintain must concentrate
primarily on the fugitive dust contribution. This has been done in Chapter XIV.
Summary
The State of Idaho has evaluated the guidelines and requirements for desig-
nation of air quality maintenance areas, and has determined that no such designations
are necessary since:
* All areas meet the exclusion criteria for the Set "2" pollutants.
* Major point sources can be, and are being, effectively handled through
existing mechanisms in the plan.
* A reasonable plan for controlling fugitive dust has already been adopted.
This plan is designed to attain and maintain not only the primary standards,
but the secondary standards as well.
-------
08/07/75
-------
CECIL D. ANDRUS
C.OVPRNOR
STATE OF IDAHO
Omctt OF THE GOVERNOR
BOISE
January If), l'J7.r>
Dr. Clifford Smith
Regional Administrator
HPA, Region X
1200 Six Mi Avenue, M/S (>OI
Seattle, WA 'JSIOI
Dear Dr. Smitli:
(inclosed :irc two copies of "Rules a IK! Rei'.u I a t i ons Cor- I he-
Control of Air 1'ollution in Idaho" containing a newly revised
version of Regulation "S" and two copies of amended Chapter IV,
Sulfur Dioxide Control Strategies, from the Air Quality
Implementation Plan. These documents arc hereby submitted
Cor approval by the Environmental Protection Agency. The
Implementation Plan Amendments and the attendant regulations
are considered by the Department ol" Health and We I I a re and
the Board of Health and Welfare to he fully consistent with
applicable provisions ol" the Clean Air Act.
We arc cognizant of the objections to certain provisions of
the regulations raised by representatives of HPA, Region X,
at the Board of Health and Welfare Hearing. Nevertheless,
it is the unanimous feeling oJ" the Board that the regulation
adopted on January 3 is the proper instrument for establish-
ing a sulfur dioxide control program for the Bunker Hill
Company.
Should you wish to discuss this matter before taking action,
please contact the Environmental Services Division of the
Department of Health and Welfare.
Sin/oVrcly,
Jdw
cc:
D. ANDRUS
GOVERNOR
Leonard Miller, EPA
Douglas Hanscn, EPA
William Royd -Brown, Peacock, Keanc £
RECEIVED
JAN 1C- 1375
'Ji-rlC:: Of"
Rod
-------
.so
.70
,60
.50
.40
.30
.20
I
'PRESENT CONTROL
TOTAL VIOLATIONS
! 80%
85;; i
6
z.
c
z:
o
o
C2
^
.10
.08
.06
.05
.03
.02
4 10
40
i_i
75 100 1
-------
2
O
t;
a,
o
o
O
u
o
J}
~s
o
50
30
* 20-
u
10-
l!
0.01 0.1
(N
I
10 20 30 40 60 70 30
FREQUENCY
95
99
99.9 99.99
-------
g
£
- . Q
2: -<
o o
i-! a
c- C
u
3 O
c-
>
<
< x.
D «
^ C
'Z. 0
< ^
Line A:
Line B:
Line C:
- (X
= (X
= (X
1000)
1000)
1000)
(2.94)
(2.94)
(2.94)
(6008 hrs)
(6440 hrs)
(6633 hrs)
for
for
for
105 -
105 £
105 *
- 130
* 125
* 120
.14 PPfl
M
I
LO
45
100
105
110
115
120
125
130
X =
ANNUAL, PRODUCTION SOFT CAST LEAD IN THOUSANDS TONS
(One ton of soft 3t lead = 2.94 tons sinter)
-------
The second regulatory approach would require that the Bunker
Hill Company begin to operate an SCS program aimed at attaining
and maintaining tho ambient aJr quality standards with maximum
utilization of present control equipment and an on-going program
+-.c develop the level of permanent control necessary to meet the
1900 pound of SO? per hour emission limit. This approach would
require the development of an operational manual for SCS which
would set forth very specific criteria by which SCS would be
operated. Permanent emission limitations would be included to
insure that the control equipment is operated at its maximum cap-
acity-
Both regulatory approaches would require* installation of a
system capable of 'continuous measurement, of sulfur oxide emissions
in each stack emitting greater than 50 tona of sulfur oxide per
year. The Bunker Hill Company would be required to report the
hourly sulfur oxide emissions of each oi those stacks on a regular
basis.
In both proposals, the Director would extend to July 31, 1977
the attainment date for the national primary ambient, air quality
standards for sulfur dioxide. Under the second approach, an
interim set of 24-hour concentration limits would be imposed until
July 31, 1977. These interim co-Ten t.rat i on limits would be set so
as to reduce? to severity of a violation of the 24-hour standard.
These interim standards would be set by the operating and produc-
tion capabilities of the load smelter, since this is the area
where most of the curtailment must take placo.
IV-4
-------
APPENDIX F (III)
D. AQCR 62 - Bunker Hill Company
^
SC>2 emissions from sources other than the Bunker Hill Complex
account for about one percent of the omissions in the region and
are considered negligible. Table F-I is a list of all 24-hour
concentrations which exceeded the standard between August 1, 1973
and July 31, 1974.
It can be shown that a distinct linear relationship exists
between the logarithm of ambient SC>2 concentrations in the Kellogg
area and the logarithm of the frequency that such concentrations
are observed. Figure F-l shows this distribution for the greatest
daily values observed at one of four Bunker Kill Company monitors
located in the area during this time period.
Figure F-2 shows the linear relationship that exists between
the logarithm of the required curtailment time verses the logarithm
of the frequency expressed as a percent of all required curtailment.
Curtailment times are based on the ability of attaining a 60 percent
reduction in ambient concentrations.
It is evident that the object ambient concentration does not
affect the frequency distribution of required curtailinc'iil. The
object ambient concentration seems only to affect the number of
days that curtailment is required on. Also, if this is indeed a
true log-log distribution, then the total annual required curtail-
ment can be determined for any object ambient standard by taking
the mean curtailment time for the distribution timcjs the number
of required curtailment days. The former can be obtained by reading
the 37th percent! lr* of Figure? l-'-'A. (The mean of a log-log distri-
bution can be esti nulled at the 37th percent ilc*.} The roiju.irod
curtailment days can be obtained from Figure 1. The following tab.lo
expresses the predicted and observed resulta lor the tinu- period fun
August, 1973 through July, 1974:
OBJECT AMBIENT ANNUAL CURTAILMENT
STANDARD TTMH PKKD1CTKD OBSKRVKD
.14
. .18
.23
.28
PPM
PPM
PPM
PPM
770
454
300
162
Hours
Hours
Hours
Hours
802
462
281
169
Hours
Hours
Hours
Hours
From the foregoing analysis, an interim sol of standards cnn be
constructed which is dependent on rate of ssintor production and
blast furnace production over a year's period of time as domon:;tral:c
in Figure F-3. The purpose of these* inLeriiu uturiciards is to tuko in
account any serious economic: impacts that may occur if Bunker Hill i
required to meet the 24-hour standard before July 31, 1977.
Fl-6
-------
The "Annual Production Rate" shown in Figure F-3 is defined as
the total production of. soft cast lead in the preceding 12 month
period. Soft lead is the combination of pig and ingot lead produced
or 0.34 times the amount of sinter fed into the blast furnace. The
''Annual Average Sinter Production Rate" in Figure F-3 is defined as
the total production of sinter in the preceding 12 month period,
divided by the total operation time of the sinter machine during that
same 12 month period. By updating these annual rates every month,
a good determination can be made with regard to the economic effect
of SCS on lead production, as well as the plants ability to curtail
the sinter machine without causing loss of lead production.
Figure F-3 sets four levels of ambient f>O2 ronconUral:ions that
must be met when the plant produces a cert.ain amount of lead or
greater. If the plant produces 130,000 tons/year or over, then a
0.14 PPM concentration of S02 must not be exceeded. If the plant
produces 125,000 tons/year or over, then a 0.18 PPM concentration
of SO2 must not be exceeded, and so on. The 130,000 tons/year
figure is near the maximum 12 month production rate of this plant.
It is felt that a production increase above this amount should not
be used to further degrade the existing environment, but should be
used to help meet the ambient standards by allowing a more flexible
SCS program.
The diagonal lines in Figure F-3 arc ha.sod on the annual curtail-
ment time predicted previously and the availability time of .80 per-
cent for the sinter machine. Taking line (A) as an example:
1) There arc 8760 hours per year.
2) The sinter machine is available (.80) x (8760) « 7008 hours.
3) In order to meet a concentration of 0.14 PPM, it has been
shown that approximately 800 hours of curtailment will be
required on the sintor machine.
4) Since there is a chance of ovor-prodicting the degree of
SCS required, a 25 percent safety factor is added which
means that 1000 hours of possible curtailment of the sintar
could be anticipated.
5) This would mean that in order to maintain an ambient standard
of 0.14 PPM, the sinter machine would he expected to operate
7008 - 1000 « 6008 hours/year.
6) Assuming the annual production of soft cast lead is 120,000
tons/year, and it takes 2.94 tons of sinter to produce one.
ton of Hoft- caof. load, then a total of 353,000 tons of si n tor
must be produced during that uamo time period.
7) An ambient standard of 0.14 PPM can be met if the annual
average sinter production rate is:
(353,000 tonu/yuur) v (6008 hours/yoar) =» 58.7 tons per hour.
8) This means that an annual average sinter production rate of
58.7 tons per hour ov greater will produce enough sinter to
produce the 120,000 tons of soft lead production while under-
going enough curtailment to maintain an ambient 24-hour con-
centration of less than 0.]4 PPM.
Thus, ambient standards in the areas on or above each oC the
diagonal lines in Figure F-3 if, the standard which, under the exist-
ing production rates, can be maintained without loss in production.
Fl-7
-------
CHAPTER IV
SULFUR DIOXIDE CONTROL STRATEGIES
2. b. AQCR 062 -
The only significant source of SO2 emissions in the Idaho
portion of this region is the Bunker Hill Company zinc and lead
production complex at Kellogg. A detailed description of the
plant is given in Appendix J, while the problems and some possi-
ble solutions are discussed in Appendix F-l. Briefly, the
situation is as follows:
1) In 1970, the combined Bunker Hill operations operated
with about 50 percent control based on total input sulfur and
emitted some 85,854 tons of SO2. In 1971, an additional sulfuric
acid plant was operational for treatment of the high strength
gasaos from the sinter machine. Total emissions were not signi-
ficantly reduced because the new acid plant was operated only
part of the time. Maximum control was to bo-applied during
poor weather dispersal conditions, and venting occurred during
good dispersal conditions. In 1972, the new sulfuric acid planL
was put into continuous operation.
The three existing acid plants at tho Bunker IlilJ complex
arc designed to achieve an overall control efficiency of 853.
of the input sulfur. The overall control of input sulfur
during the period from November, 1972 through October, 1973
has only been 71.5 percent.
2) The Department's calculations for the emissions reductions
required to meet the ambient standards are based on the time period
beginning August 1, 1.973 and ending July 31, 1974. During this
time period, it was found that the 24-hour standard was exceeded
100 t.inies, the throe hour secondary standard approxi mat-cly 250
times, and the primary annual standard by a factor of three. The
calculations further indicate that 96 percent permanent control
or an emission rate of ]900 Ib SO^/hour would be required in order
to attain and main tain u.l.l ambient air qua Lily :; tandards Cor su.l fur
dioxide in the Kellogg area.
3) The availability of such a level of control is uncertain
at this time. For this reason, it is proposed that a new regula-
tion be developed which contains two different regulatory approaches
which together can insure the attainment and maintenance of the
ambient standards in the Kolloqg area. Both regulatory approacho:;
should require; the use of bout engineering techniques to control
and capture fugitive sulfur oxide emissions.
The first regulatory approach would require that the Bunker-
Hill Company use permanent control systems to limit sulfur oxide
emissions to 1900 pounds per hour by 1977. This is equivalent to
96 percent overall control sulfur oxide emissions from the Bunker
Hill complex. This approach would also requi.ro the continued use
of a fiCS program i.o minimize the impact of emissions on ambient air
quality until the new control systems arc operating satisfactoril
y
1V-3
-------
Line A is defined as Y=- (X x 1000) x (2.94) ~ (6008 hrs. ) for
105 ^ X - 130
Line B is defined as y= (X x 1000) x (2.94) 4 (6440) for 105 * x * 12,
Line G is defined as Y=(x x 1000) x (2.94, * (6G33) for 105 * x * 12Q
-------
F-I
VIOLATION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
DATE
PPM .'X
8/1/73
8/3/73
8/4/73
8/5/73
8/19/73
9/2/73
9/4/73
9/5/73
9/6/73
9/9/74
9/10/73
9/15/73
9/16/73
9/18/73
9/22/73
9/26/73
9/27/73
9/28/73
9/29/73
10/2/73
10/3/73
10/11/73
10/13/73
10/14/73
10/16/73
10/17/73
10A8/73
10/19/73
10/20/73
10/21/73
10/22/73
10/23/73
10/26/73
10/27/73
10/28/73
11/3/73
11/10/73
11/11/73
11/15/73
11/17/73
11/23/73
12/6/73
12/7/73
12/9/73
12/10/73
12/11/73
12/12/73
12/16/73
12/20/73
.21
.15
.15
.16
.23
.16
.16
.26
.15
.20
.18
.28
.18
.16
.15
.21
.24
.32
.26
.22
.16
.21
.15
.17
.21
.27
.28
.38
.29
.26
.27
.23
.32
.42
.31
.26
.31
.22
.17
.12
.64
.27
.23
.53
.63
.10
.17
.20
.27
SK
SK
SK
SK
WWP
SK
WWP
SK
SMV
SK
SK
SK
SK
SK
SMV
WWP
WWP
WWP
WWP
WWP
wss
wss
SMV
WWP
WWP
WWP
wws
WWP
WWP
WWP
wss
wss
wss
SK
WWP
WWP
WWP
SK
SK
WWP
WWP
WWP
WWP
WWP
SK
wss
WWP
ACT.TC/r-J _
Sinter Down
.S; i.<.-<:> Down
Sinter ix ...n
Sinter Down
Sinter Down
Sinter
Sinter
Sintcr
Sinter
Sinter
Sinter
Sintcr
Sintcr
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sint-r-r
Sijitcr
Sintor
Sintcr
Sinter
Sintor
Sinter
Sintor
Sinter
Sinter
Sinter
r.inti-r
Sinlc.'i:
Sinter
Sinter
Sinter Down
Sinter Down
Sinter Down
Sinter Down
Sinter & BF
Down
Down
town
Down
Down
Down
Down
Down
Down
Down
Down
Down
Down
Down
Down
Down
Down
Down
Down
Down
Down
Down
Down
I")own
Down
Down
Down
1X MI i
& UK
Down
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Down
Down
& EF
& BK
Down
Down
Down
I>own
OF
REDUCTION
3
1
1
1
4
1
1
14
1
2
2
24 '
7
5
1
5
5
8
4
3
1
3
2
3
4
8
14
15
19
17
10
14
22
12 & 2
14
11
15
13
2
1
' 24 & 16
15 <
16
14 & 5
17 & 12
7
1
5
15
-------
VIOLATION
NUMBER
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
DATE
12/29/73
12/31/73
1/1/74
1/2/74
1/4/74
1/5/74
1/6/74
1/7/74
1/8/74
1/9/74
1/11/74
1/12/74
1/20/74
1/29/74
2/9/74
2/10/74
2/11/74
2/12/74
2/15/74
2/24/74
3/7/74
3/8/74
3/9/74
3/10/74
3/11/74
3/15/74
3/16/74
3/18/74
3/26/74
4/5/74
4/14/74
4/17/74
4/21/74
4/23/74
4/28/74
4/29/74
4/30/74
5/2/74
5/5/74
5/J.7/74
5/19/74
5/21/74
6/9/74
6/11/74
6/14/74
24 HOUR
PPM SO,
.18
.15
.36
.18
.21
.27
.37
.62
.33
.26
.48
.35
.20
.37
.48
.55
.90
.15
.24
.23
.15
.17
.23
.46
.23
.19
.16
.16
.23
.16
.33
.19
.28
.29
.25
.25
.25
.20
.21
.15
.la
.15
.15
.15
.23'
LOCATION-
WSS
SMV
SMV
SMV
SK
SMV
SK
SK
SK
WWP
SK
SK
SK
WSS
WSS
SK
SK
WSS
KWP
SMV
SK
SK
SMV
SMV
SMV
WKP
WWP
SMV
SK
WWP
SMV
SK
SK
WSS
WWP
SK
SK
SK
SK
SK
SK
SK
SK
SK
SK
NECESSARY
ACTION
Sinter Dcwn
Sinter Down
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Down
Down
Down
Down
& BF
& BF
Down
Down
f, BF
Down
Down
& BF
Sinter & BF
Sinter & BF
Sinter & EF & ZP
Sinter Down
Sinter Down
Sinter Down
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Sinter
Suiter
Sinter
Sinter
Sinter
Down
Down
Down
& BF
Down
Down
IJOWD
Down
Down
Down
Down
Down
Down
Down
Down
Down
Down
Sinter Down
Sinter Down
Sin tor Down
Sinter Down
Sinter Down
Sinter Down
Sinter Down
Sinter Down
PERIOD OF
REDUCTION
3
1
20
5
5
12
13 & 3
24 & 14
22
14
19 .
22
6
17 & 14
10 & 6
17 & 15
17 & 17
40% red
1
12
9
2
1
10
24 & 5
18
4
1
1
7
1
14
5
10
6
7
3
2
*
2
3
1
2
1
1
1
-------
11/04/75
-------
CECIL D ANDRUS
GOVFRNOR
STATE OF IDAHO
OFFICE OF THE GOVERNOR
BOISE
July 28, 1975
V
Clifford V. Smith, Jr., Ph.D., P.E.
Environmental Protection Agency
1200 6th Avenue
Seattle, Washington 98101
Dear Dr. Smith:
Pursuant to 40 CFR 51.5, the State of Idaho hereby submits five
copies of the following amendments to the Idaho Air Quality
Implementation Plan:
1) Regulation T of the Rules and Regulations for the Control
of Air Pollution in Idaho, as amended by the Board of
Health and Welfare on August 5, 1975.
2) A consent order for Beker Industries Corporation adopted
by the Board on October 24, 1973.
Also enclosed are the required supporting documents.
Please incorporate these amendments into the Idaho Air Quality
Dnplementation Plan.
Si
:iL D. ANDHJS
GOVERNOR
on
Enclosures
Air Programs
Branch
-------
BEFORE THE BOARD OF ENVIRONMENTAL,, AND COMMUNITY SERVICES-
DEPARTMENT OF ENVIRONMENTAL
AND COMMUNITY SERVICES,
Complainant,
78.
AGRICULTURAL PRODUCTS
CORPORATION, a Delaware
Corporation,
Respondent.
AMENDED CONSENT
ORDER
' . . The Complainant, Department of Environmental and
Community Services, having filed its Complaint herein, and
*" *
the Complainant and Respondent having consented to the entry
^f a Consent :0rder without a hearing or adjudication of any
;. issue of fact or law herein, and the parties herein having
. *
agreed to amend the existing consent order ,
IT IS HEREBY ORDERED, ADJUDGED AMD DECREED: i '
: -..'. 1. The new sulfur^c acid plant shall, not commence
'''/" ."operation until: . -..!"""
..-V( - ... ''" a. The tail g-as absorption unit is ;
. '" ; f , ..' ... /_ ... '. capable of proper operation, as :
"''.,; .'' _"'". ' determined by the Department, of f
; -. ; -' :" ' Environmental and Coamunity Services.. . K
' : :"'. ';.''.-.' b« 'ne SC>2 stack monitor is in. place and
:. .....' .-';'_,'"'' .'.operational. ';.-.- ' '.
'. ; 2. 'In the event the tail gas absojrption unit i
...;.. '. . ': shoold emit more than 'S Ihs. SsQ2/ton Q£ iOO* |
'.. ' salitsric acid produced, the Department of 6
' v' Environmental and Community Services, shall. ;
..', .' ' have authority to determine whether or not
< .;... m;-. the new sulfuric acid plant should be; immediately
shut down and repaired.. |
n '"
. '; .3. The combined allowable S02 eaisgion frem-the. T
1 ' ' .' existing and new sulfurie aeik planes shall
-. .. ' - : '.,.. j" .f
' ."''' not exceed 27,000 pounds .of SO, per-any {
1 - I '
-------
tell
?**» -
--' - .»."
consecutive 24 hour period. .In the event
*
ambient air .50^ violations occur, the above
emission limit will be lowered. ; '.
4. Respondent shall submit monitoring data from
the continuous sulfur dioxide recorder to the "*
Complainant (both the Pocatcllo and Central
Offices) within seven (7) days of initial
start up of the new source and every seven
' (71 days thereafter, or as often as required
by Complainant. . '
5. Stack tests of the following sources shall
be aade by a third party agreed upon by the
Complainant and the Respondent, or as otherwise
. specified in writing by the Department of
v, Environmental and Community ^Services, on or-
.before November 1, 1973, and* again within
/ one hundred eighty (180) days following initial
: .:-.: '«y start up of the new acid plant:
*."": a.- North calcining building -
*v. . i
'- . ;. :. , ".- .,. ' . (1) Phosphate rock dryer
~ .".-'""!
"-.'.'' :/--/ (2) North calciner
': ;' . ; b. South calcining building
' ^_; ' '.'. /;.. (1) South calciner
- / .-..; c« Phosphoric acid plant stack
.-."'... ' : d. DAP stack
,. e. Existing Sulfuric Acid Plant stack
A complete test report shall be submitted to
the Complainant within thirty (30) days following
the testing.
There shall be no increase in existing plant
emissions' after the new sulfuric acid plant
is in operation. The maximum emission rate for
the existing sources is.as follows:
. v
*
AMENDED CONSENT ORDER - Page 2
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SOURCE
Phosphate rock dryer
.... i ;
North calcincr
South calcincr
MAXIMUM EMISSION RATE
5i.2 Ibs. of particulatc/
hour
47.0 Ibs. of particulatc/
hour
46.3 Ibs. of particulatc/
hour "**--
v
Present Sulfuric Acid Plant
27 Ibs. SO2/ton of lOCi
sulfuric acid produced
28 Ibs. sulfur oxidc3/ton
of 1001 sulfuric acid
produced
7. The Respondent shall notify the Complainant
thirty (30) days prior to any start up of the
' 'new sulfuric acid plant'. '
"8." The Respondent shall notify the .Complainant
''.. :." . within fifteen (IS) days after actual start up
': -; of the new sullurie acid plant.
.:.' 9. Within sixty (60), days after achieving the
-:. . '..'"maximum production rate of the new sulfuric *
-.,' . acid plant, but.not later than one hundred <
*' ,- : ' ]
V. . eighty (180) days after actaal start up -of '
' .' . said plant, the Respondent shall conduct *
' ' * ?'
.." " . '.'.f' performance tests in accordance with 'the ;i
.-:".,"' -..-; Federal' New Source Performance requirements j
". '.- and shall provide Complainant with the results I
': thereof-i ~" ~-VAu .. ' ^ ' ''_ _ «.)..
' '' 10. The Respondent' shall^oper'ate tsro Hi-Sol ;
. " . *
"_'_'..." filters- and one 'continuous aabient S02 "raonitorj
'""'' \ "t
_ . at sites approved. ^j, the Ctaftplainant. Results^
'.-,.' of the above-descsri^eS monitasing shall be 1
submitted _feo'* the Complainant aonthly. '{
11. No process' or individual, sottrefe within the t
r- . entire- plant complex shall be operated in ,i
... ...-.'.-' "violation of any local, state or fadera! air >
.-; . ; pollution -regulation or :3ta2rdard and ' nothing ; ''
. , v. herein shall be construed So -'excuse the -i '
' '
CONSENT ORDER - Page 3
-------
Respondent from compliance with any federal,
. state, or local regulation or standard which
requires or which may require more strict
control standards, than set out herein.
12. This Amended Consent Order may be amended at
any time with the consent of the Complainant
and Respondent, and upon approval-of the Board
of Environmental and Community Services.
13. *t^i.s hereby acknowledged by the Complainant
' and Respondent that this Amended Consent Order
is entered pursuant to an application submitted
by Respondent to the Department of Environmental
and Community Services requesting a permit to
. construct a new stationary source to be located
at 'the plant operated by the Respondent near
, . Conda, Idaho.
14. If any provision, section or clause of this
'' -order or application thereof to any person or
'"'' .' circumstances is-held invalid, such invalidity
>'-''".
. ,j ' . shall not affect other provisions or applications
. -.. thereof which can be given effect without the
.'**. t
invalid provision, section, or clause, and to
-s-' -.' " this end, the provisions of this order are
" .-'" declared to be severable.
this Jji« dav of ficfcbt. , 1973.
.'S«:r^::Ur''5KB..SOARn OF ENVIRONMENTAL AND COMMUNITY SERVICES
AMENDED CONSENT ORDER - Page 4
-------
RON J. TWILEGAR
Assistant Attorney General
FOR THE ATTORNEY GENERAL
W. Anthony Park :
State of Idaho
Statehouse
Boise, Idaho 83720
Telephone: 384-3774 ' -?
BEFORE THE BOARD" OF ENVIRONMENTAL &&6,COMMUNITY SERVICES
j
DEPARTMENT OF ENVIRONMENTAL-'"' ) ' ' ' ""'-";-
AND COMMUNITY SERVICES, ) (
- .v., >»' VOw
- , Complainant^, } STIPULATION TO
:" ->--) 'r ENTRY OF. "AMENDED
vs. _?.- ; )'":: -' CONSENT ORDER
j - -i' 0 >':,
AGRICULTURAL PRODUCTS ' X ' '" '"
CORPORATION, a Delaware ^ )
Corporatipn,, ..r, '
"Respondent. / \ "
I* is hereby stipulated, and agreedj by and between |
the QSap.Iainant, Department of Environmental and Community
./, >'. ':.. " . f
Services, by and through its Administrator, James A. Sax, ,
and the Respondent, Agricultural Products Corpor.a.tiori., by. '
j ,. . . - - {.
and'through its gg:^a---i->>iii»"-Hg.'tia-grasidenJ;i Cleve McCar-fey, as j
follewg; f
1. That the Boaxd of Environmental and Community j
Services may enter herein an Amended Consent Order, ;
' ' . ; ' . ' ..'-- : - ' S
a copy of which is attached to this Stipulation. f
2. That the Complainant and Respondent will henceforth ;
b« bound by the tssms of the 'Amended Consent Decree,1'
pending approval and entry of the Amended Consent ?
Decree by the Board. N
30 . That the Complainant and HeapondGJvfe waive any and
all defects- to the fgrmation, appjrqyal and entry '
of. the Amended Consent Decree, if any there be, -
including without limitation, gervice of process,, I
notice, opportunity for hearing or argument before ;
R , - Page 1
TO ENTRY Of AMEflOEQ '
-------
the Board, and formal notice of entry of the
Amended Consent Order.
Respondent:
James A. Bax, Administrator
3ep'artment of Environmental
/kn«l Community
Cleve McCarty, Executive^
Vise President
Agricultural Products Corporation
STATE OF IDAHO )
.County of C-&£is )
;".- On this
before me, the
a Notary in and tor said State, personally
"
appeared
known to me to be the person wnose names are subscribed
to the within instrument, and^acknowledged to me that they
executed the same.
IN WITNESS WHEREOF, I have" hereunto set my hand and
affixed my ."of ficial seal, the day and year in this certifi-
cate first",above written.~''''
~ X i
Jots.ry
Hesiding at
TQ rjrriur OF AMEIIOED CONSENT ORXJES - Page 2
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