Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.209 - PROCEDURE FOR ISSUING PERMITS

Current through August 31, 2023
01.
General
			 Procedures
. General procedures for permits to construct. (3-28-23)
a. Within thirty (30) days after receipt of
			 the application for a permit to construct, the Department will determine
			 whether the application is complete or whether more information is needed and
			 will notify the applicant of its findings in writing. (3-28-23)
b. Within sixty (60) days after the
			 application is determined to be complete the Department will: (3-28-23)
i. Upon written request of the applicant,
			 provide a draft permit for applicant review. Agency action on the permit under
			 this Section may be delayed if deemed necessary to respond to applicant
			 comments. (3-28-23)
ii. Notify the
			 applicant in writing of the approval, or denial of the application if an
			 opportunity for public comment is not required pursuant to Subsection
			 209.01.c. The Department will
			 describe reasons for any denial; or (3-28-23)
c. An opportunity for public comment will be
			 provided on all applications requiring a permit to construct. Public comment
			 will be provided on an application for any new major facility or major
			 modification, any new facility or modification that would affect any Class I
			 area, any application that uses an interpollutant trade pursuant to Subsection
			 210.17, any application that the
			 Department determines an opportunity for public comment is needed, and any
			 application upon which the applicant or public so requests. (3-28-23)
i. The Department's proposed action, together
			 with the information submitted by the applicant and the Department's analysis
			 of the information, will be made available to the public in at least one (1)
			 location in the region in which the stationary source or facility is to be
			 located. (3-28-23)
ii. The
			 availability of such materials will be made known by notice published in a
			 newspaper of general circulation in the county(ies) in which the stationary
			 source or facility is to be located. (3-28-23)
iii. A copy of such notice will be sent to
			 the applicant and to appropriate federal, state and local agencies.
			 (3-28-23)
iv. There will be a
			 thirty (30) day period after initial publication for comment on the
			 Department's proposed action, such comment to be made in writing to the
			 Department. (3-28-23)
v. After
			 consideration of comments and any additional information submitted during the
			 comment period, and within forty-five (45) days after initial publication of
			 the notice or notice of public hearing if one is requested under Subsections
			 209.02.b.iv. or
			 209.02.a.ii., unless the Department deems that additional time is required to
			 evaluate comments and information received, the Department will notify the
			 applicant in writing of approval, or denial of the permit. The Department will
			 describe the reasons for any denial. (3-28-23)
vi. All comments and additional information
			 received during the comment period, together with the Department's final
			 determination, will be made available to the public at the same location as the
			 preliminary determination. (3-28-23)
d. A copy of each permit will be sent to EPA.
			 (3-28-23)