Air Quality: Docket No. 58-0101-1902

This rulemaking has been initiated to revise the fee structure of a Clean Air Act mandated air permitting program. Major industrial sources of air pollution are required to have a Title V operating permit. In Idaho, the Title V permitting program is administered by DEQ. The Clean Air Act requires these industrial sources to pay on-going annual fees to cover all reasonable costs associated with the Title V permitting program (Clean Air Act 42 USC 7661a(b)(3) and implementation regulation at 40 CFR 70.9). In January 2018, the Idaho National Laboratory (INL) decreased its emissions such that it will no longer be required to have a Title V operating permit and, therefore, will no longer pay Title V permitting fees. Since the inception of the Title V permitting program, the INL has paid a Title V permitting fee of $500,000, which covered far more than its share of program costs. Without this significant sum, DEQ must negotiate a revision to the current fee structure to ensure there is sufficient funding to cover the costs of administering the Title V program in Idaho. Collection of the fees is authorized by Sections 39-115(3), and 39-118D, Idaho Code.