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Department of Environmental Quality (DEQ) is tasked with
developing a plan to address Regional Haze in Class I Wilderness
Areas within Idaho and other Class I areas impacted by Idaho by
December 17, 2007 as required by the Federal Clean Air Act, Regional
Haze Rule, 40 CFR 51.308. The intent of the Regional Haze Rule is
to reduce the impacts of man-made visibility impairing pollutants
on Class I areas by 2064.
The first
implementation plan will cover the time period from 2008 through
2018. The plan will set "Reasonable Progress Goals" and
develop control strategies to attain the progress goals. The Regional
Haze Rule provides states with two options to meet the progress
goals for stationary sources. See 40 CFR 51.308(e). Under the Best
Available Retrofit Technology (BART) option, BART eligible sources
that may reasonably be anticipated to cause or contribute to any
impairment of visibility in any mandatory Class I Federal area may
be required to install additional controls. The other option is
an emission trading program or other alternative that will achieve
the same or greater emission reductions than under the BART option.
Through
the negotiated rule process, an option will be selected, and rules
drafted, that will provide DEQ with the authority to develop "Reasonable
Progress Goals," implement control strategies necessary to
obtain the goals and satisfy other requirements under 40 CFR 51.308
and Subpart P - Protection of Visibility requirements. The text
of the rule will be developed by DEQ in conjunction with a negotiating
committee made up of persons having an interest in the development
of this rule. BART eligible and other sources of air pollution may
be affected by this rulemaking and may wish to participate. Representatives
of the industrial community, special interest groups, public officials,
federal land managers, metropolitan planning organizations, or members
of the public who have an interest in the air quality in Idaho may
also wish to participate in this rulemaking.
Upon
conclusion of negotiations, DEQ intends to publish a proposed rule
for public comment in the September 2006 issue of the Idaho Administrative
Bulletin and then present the final proposal to the Board of Environmental
Quality for adoption of a pending rule in November 2006. If
adopted, the pending rule will be
reviewed by the 2007 Idaho Legislature.
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