reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.212 - RELAXATION OF STANDARDS OR RESTRICTIONS

Current through August 31, 2023
At such time that a particular facility or modification becomes
				a major facility or major modification solely by virtue of a relaxation in any
				enforceable emission standard or restriction on the operating rate, hours of
				operation or on the type or amount of material combusted, stored or processed,
				that was used to exempt the facility or modification from certain requirements
				for a permit to construct, the requirements for new major facilities or major
				modifications will apply to the facility or modification as though construction
				had not yet commenced. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.213 - PRE-PERMIT CONSTRUCTION

Current through August 31, 2023
This section describes how owners or operators may commence
				construction or modification of certain stationary sources before obtaining the
				required permit to construct. (3-28-23)
01.
Pre-Permit Construction
			 Eligibility
. Pre-permit construction approval is available for new
			 sources and modifications that are not considered major as defined in
			 40 CFR
			 52.21 proposed in accordance with Subsection
			 213.01.d. Pre-permit
			 construction is not available for any new source or modification that: uses
			 emissions netting to stay below major source levels; uses optional offsets
			 pursuant to Section 206; or would
			 have an adverse impact on the air quality related values of any Class I area.
			 Owners or operators may ask the Department for the ability to commence
			 construction or modification of qualifying sources under Section
			 213 before receiving the required
			 permit to construct. To obtain the Department's pre-permit construction
			 approval, the owner or operator must: (3-28-23)
a. Apply for a permit to construct in
			 accordance with Subsections
			 202.01.a., 202.02, and 202.03
			 of this chapter. (3-28-23)
b.
			 Consult with Department representatives prior to submitting a pre-permit
			 construction approval application. (3-28-23)
c. Submit a pre-permit construction approval
			 application that must contain, but not be limited to: a letter requesting the
			 ability to construct before obtaining the required permit to construct, a copy
			 of the notice referenced in Subsection
			 213.02; proof of eligibility;
			 process description(s); equipment list(s); proposed emission limits and modeled
			 ambient concentrations for all regulated air pollutants and toxic air
			 pollutants, such that they demonstrate compliance with all applicable air
			 quality rules and regulations. The models must be conducted in accordance with
			 Subsection 202.02 and with written
			 Department approved protocol and submitted with sufficient detail so that
			 modeling can be duplicated by the Department. (3-28-23)
d. Owners or operators seeking limitations on
			 a source's potential to emit such that permitted emissions will be either below
			 major source levels or below a significant increase must describe in detail in
			 the prepermit construction application the proposed restrictions and certify in
			 accordance with Section
			 123 that they will comply with the
			 restrictions, including any applicable monitoring and reporting requirements.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.214 - DEMONSTRATION OF PRECONSTRUCTION COMPLIANCE FOR NEW AND RECONSTRUCTED MAJOR SOURCES OF HAZARDOUS AIR POLLUTANTS

Current through August 31, 2023
01.
Compliance with Federal MACT
. All owners or operators of major
			 sources of hazardous air pollutants that are subject to an applicable Maximum
			 Available Control Technology (MACT) standard promulgated by EPA pursuant to
			 Section 112 of the
			 Clean Air Act and 40 CFR Part 63 must comply with the applicable MACT standard
			 and such owners or operators are not subject to Subsections
			 214.04 and
			 214.05. (3-28-23)
02.
Requirement to Obtain
			 Preconstruction MACT Determination from the Department
. No owner or
			 operator may construct or reconstruct a major source of hazardous air
			 pollutants unless such owner or operator has obtained a MACT standard
			 determination from the Department. The Department will make the MACT standard
			 determination on a case-by-case basis and in accordance with Section
			 112(g)(2)(B)  of
			 the Clean Air Act and 40 CFR
			 63.40 through
			 63.44 as incorporated by reference
			 in Section 107. (3-28-23)
03.
Development of MACT by the
			 Department After EPA Deadline
. In the event that EPA fails to promulgate
			 a MACT standard for a category or subcategory of major sources of hazardous air
			 pollutants identified by the EPA under the Clean Air Act by the date
			 established under Section
			 112(e)  of the
			 Clean Air Act, the owner or operator of any major source of hazardous air
			 pollutants in such category or subcategory must submit an application to the
			 Department for a MACT standard determination. The Department will make the MACT
			 standard determination on a case-by-case basis and in accordance with Section
			 112(j)  of the
			 Clean Air Act and 40 CFR
			 63.50 through
			 63.56 as incorporated by reference
			 in Section 107. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.215 - MERCURY EMISSION STANDARD FOR NEW OR MODIFIED SOURCES

Current through August 31, 2023
No owner or operator may commence construction or modification
				of a stationary source or facility that results in an increase in annual
				potential emissions of mercury of twenty-five (25) pounds or more unless the
				owner or operator has obtained a permit to construct under Sections
				200 through
				227. The permit to construct
				application must include an MBACT analysis for the new or modified source or
				sources for review and approval by the Department. A determination of
				applicability under Section
				215 will be based upon the best
				available information. Fugitive emissions are not included in a determination
				of applicability under Section
				215. (3-28-23)
01.
Exemptions
. New or modified
			 stationary sources within a source category subject to 40 CFR Part 63 are
			 exempt from the requirements of Section
			 215. (3-28-23)
02.
Applicability
. Except as
			 provided in Subsection
			 215.01, Section
			 215 applies to all new or modified
			 sources. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.220 - GENERAL EXEMPTION CRITERIA FOR PERMIT TO CONSTRUCT EXEMPTIONS

Current through August 31, 2023
01.
General Exemption Criteria
.
			 Sections 220 through
			 223 may be used by owners or
			 operators to exempt certain sources from the requirement to obtain a permit to
			 construct. Nothing in these sections precludes an owner or operator from
			 choosing to obtain a permit to construct. For purposes of Sections
			 220 through
			 223, the term source means the
			 equipment or activity being exempted. For purposes of Sections
			 220 through
			 223, fugitive emissions are not
			 considered in determining whether a source meets the applicable exemption
			 criteria unless required by federal law. No permit to construct is required for
			 a source that satisfies all of the following criteria, in addition to the
			 criteria set forth at Sections
			 221 and
			 223 or
			 222 and
			 223 (as required): (3-28-23)
a. The maximum capacity of a source to emit
			 an air pollutant under its physical and operational design without
			 consideration of limitations on emission such as air pollution control
			 equipment, restrictions on hours of operation and restrictions on the type and
			 amount of material combusted, stored or processed would not: (3-28-23)
i. Equal or exceed one hundred (100) tons per
			 year of any regulated air pollutant. (3-28-23)
ii. Cause an increase in the emissions of a
			 major facility that equals or exceeds the significant emissions rates set out
			 in the definition of significant at Section
			 006. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.221 - CATEGORY I EXEMPTION

Current through August 31, 2023
No permit to construct is required for a source that satisfies
				the criteria set forth in Section
				220 and the following:
				(3-28-23)
01.
Below Regulatory
			 Concern
. The maximum capacity of a source to emit an air pollutant under
			 its physical and operational design considering limitations on emissions such
			 as air pollution control equipment, restrictions on hours of operation and
			 restrictions on the type and amount of material combusted, stored or processed
			 must be less than ten percent (10%) of the significant emission rates set out
			 in the definition of significant at Section
			 006. (3-28-23)
02.
Radionuclides
. The source is
			 not required to obtain approval to construct in accordance with the applicable
			 radionuclides standard in 40 CFR Part 61 , Subpart H. (3-28-23)
03.
Toxic Air Pollutants
. The
			 source complies with Section
			 223. (3-28-23)
04.
Mercury
. The source has
			 potential emissions that are less than twenty-five (25) pounds per year of
			 mercury. Fugitive emissions are not to be included in the calculation of
			 potential mercury emissions. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.222 - CATEGORY II EXEMPTION

Current through August 31, 2023
No permit to construct is required for the following sources.
				(3-28-23)
01.
Exempt
			 Source
. A source that satisfies the criteria set forth in Section
			 220 and is specified below:
			 (3-28-23)
a. Laboratory equipment used
			 exclusively for chemical and physical analyses, research or education,
			 including, but not limited to, ventilating and exhaust systems for laboratory
			 hoods. To qualify for this exemption, the source must: (3-28-23)
i. Comply with Section
			 223. (3-28-23)
ii. Not be required to obtain approval to
			 construct in accordance with the applicable radionuclides standard in 40 CFR
			 Part 61 , Subpart H. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.223 - EXEMPTION CRITERIA AND REPORTING REQUIREMENTS FOR TOXIC AIR POLLUTANT EMISSIONS

Current through August 31, 2023
No permit to construct for toxic air pollutants is required for
				a source that satisfies any of the exemption criteria below, the recordkeeping
				criteria in Subsection
				220.02, and reporting criteria
				in Subsection 223.04:
				(3-28-23)
01.
Below Regulatory
			 Concern (BRC) Exemption
. The source qualifies for a BRC exemption if the
			 uncontrolled emission rate (refer to Section
			 210) for all toxic air pollutants
			 emitted by the source is less than or equal to ten percent (10%) of all
			 applicable screening emission levels listed in Sections
			 585 and
			 586. (3-28-23)
02.
Level I Exemption
. To obtain
			 a Level I exemption, the source must satisfy the following criteria:
a. The uncontrolled emission rate (refer to
			 Section 210) for all
			 toxic air pollutants must be less than or equal to all applicable screening
			 emission levels listed in Sections
			 585 and
			 586; or (3-28-23)
b. The uncontrolled ambient concentration
			 (refer to Section 210) for all
			 toxic air pollutants at the point of compliance must be less than or equal to
			 all applicable acceptable ambient concentrations listed in Sections
			 585 and
			 586. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.224 - PERMIT TO CONSTRUCT APPLICATION FEE

Current through August 31, 2023
All applicants for a permit to construct must submit a permit
				to construct application fee of one thousand dollars ($1,000) to the Department
				at the time of the original submission of the application. The permit to
				construct application fee is not required to be submitted for: (3-28-23)
01.
Exemption Applicability
			 Determinations
. Exemption applicability determinations set forth in
			 Sections 220 through
			 223; (3-28-23)
02.
Typographical Errors
.
			 Changes to correct typographical errors; or (3-28-23)
03.
Name or Ownership Change
. A
			 change in the name or ownership of the holder of a permit to construct when the
			 Department determines no other review or analysis is required.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.225 - PERMIT TO CONSTRUCT PROCESSING FEE

Current through August 31, 2023
A permit to construct processing fee, calculated by the
				Department pursuant to the categories provided in the following table, must be
				paid to the Department by the person receiving the permit. The applicable
				processing fee category is determined by adding together the amount of
				increases of regulated pollutant emissions and subtracting any decreases of
				regulated pollutant emissions as identified in the permit to construct. The fee
				calculation does not include fugitive emissions.
PERMIT TO CONSTRUCT
							 CATEGORY
FEE
General permit, no facility-specific requirements
							 (Defined as a source category specific permit for which the Department has
							 developed standard emission limitations, operating requirements, monitoring and
							 recordkeeping requirements, and that require minimal engineering analysis.
							 General permit facilities may include portable concrete batch plants, portable
							 hot-mix asphalt plants and portable rock crushing plants.)
$500
New source or modification to existing source with
							 increase of emissions of less than one (1) ton per year
$1,000
New source or modification to existing source with
							 increase of emissions of one (1) to less than ten (10) tons per
							 year
$2,500
New source or modification to existing source with
							 increase of emissions of ten (10) to less than one hundred (100) tons per
							 year
$5,000
Nonmajor new source or modification to existing
							 source with increase of emissions of one hundred (100) tons per year or
							 more
$7,500
New major facility or major
							 modification
$10,000
Permit modifications where no engineering analysis is
							 required
$250
Application submittals for exemption applicability
							 determinations, typographical errors, and name and ownership changes as
							 described in Subsections
							 224.01,
							 224.02,
							 224.03
$0.00
(3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.226 - PAYMENT OF FEES FOR PERMITS TO CONSTRUCT

Current through August 31, 2023
01.
Fee Submittal
. The permit to construct application fee must be
			 submitted with the application. The permit to construct processing fee is
			 payable upon receipt of an assessment sent to the person receiving a permit by
			 the Department. Information for making payments is available at
http://www.deq.idaho.gov
.
			 (3-28-23)
02.
Delinquency
. No application for a permit to construct will be
			 processed by the Department unless accompanied by a permit to construct
			 application fee. No permit to construct will be issued by the Department until
			 the Department has received the permit to construct processing fee.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.227 - RECEIPT AND USAGE OF FEES

Current through August 31, 2023
Permit to construct application and processing fee receipts
				will be deposited by the Department into a stationary source permit account.
				Monies from this account will be used solely toward technical, legal and
				administrative support of the Department's permit to Construct and Tier II
				permit programs and will not be used for those activities supported by the fund
				created for implementing the operating permit program required under Title V of
				the federal Clean Air Act. The permit to construct application fee payable
				under Section 227 will be
				retained by the Department regardless of whether a permit to construct is
				issued by the Department in response to an application. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.300 - PROCEDURES AND REQUIREMENTS FOR TIER I OPERATING PERMITS

Current through August 31, 2023
Sections
				300 through
				397 establish requirements and
				procedures for the issuance of Tier I operating permits. Unless specifically
				identified in this Chapter, definitions for the Tier 1 operating permit program
				are located in 40 CFR Part 70 , incorporated by reference in Section
				107. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.301 - REQUIREMENT TO OBTAIN TIER I OPERATING PERMIT

Current through August 31, 2023
01.
Prohibition
. No owner or operator may operate any Tier I source
			 without an effective Tier I operating permit. (3-28-23)
02.
Exceptions
. No Tier I
			 operating permit is required if the owner or operator is in compliance with
			 Sections 311 through
			 315 and the Department has not
			 taken final action on the application. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.302 - OPTIONAL TIER I OPERATING PERMIT

Current through August 31, 2023
Any facility listed in Section
				301 not required to obtain a Tier I
				operating permit may opt to apply for a Tier I operating permit.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.311 - STANDARD PERMIT APPLICATIONS

Current through August 31, 2023
Sections
				311 through
				315 establish standard Tier I
				operating permit application procedures. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.312 - DUTY TO APPLY

Current through August 31, 2023
For each Tier I source, the owner or operator must submit a
				timely and complete permit application in accordance with Sections
				311 through
				315. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.313 - TIMELY APPLICATION

Current through August 31, 2023
01.
New Tier
			 1 Operating Permits
. For sources that become Tier I sources located at a
			 facility not previously authorized by a Tier I operating permit, the owner or
			 operator of the Tier I source must submit to the Department a complete
			 application for a Tier I operating permit within twelve (12) months after
			 becoming a Tier I source or commencing operation, unless the Department
			 provides written notification of an earlier date to the owner or operator.
			 (3-28-23)
02.
Renewals of
			 Tier I Operating Permits
. The owner or operator of the Tier I source
			 must submit a complete application to the Department for a renewal of the Tier
			 I operating permit at least six (6) months before, but no earlier than eighteen
			 (18) months before, the expiration date of the existing Tier I operating
			 permit. To ensure that the term of the operating permit does not expire before
			 the permit is renewed, the owner or operator is encouraged to submit the
			 application nine (9) months prior to expiration. (3-28-23)
03.
Changes to Tier I Operating
			 Permits
. Sections
			 380 through
			 386 provide the requirements and
			 procedures for changes at Tier I sources and to Tier I operating permits.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.314 - REQUIRED STANDARD APPLICATION FORM AND REQUIRED INFORMATION

Current through August 31, 2023
01.
General Requirements
.
			 (3-28-23)
a. Applications must be submitted on
			 a form or forms provided by the Department or by other means specified by these
			 rules or the Department. The application must be certified by the responsible
			 official in accordance with Section
			 123. (3-28-23)
i. If the Tier I source is regulated under
			 42 U.S.C. Sections
			 7651 through
			 7651o, the owner or operator must
			 also submit nationally standardized acid rain forms provided by EPA.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.315 - DUTY TO SUPPLEMENT OR CORRECT APPLICATION

Current through August 31, 2023
01.
Failure to Submit
. Any applicant who fails to submit any relevant
			 facts or who has submitted incorrect information in a permit application must,
			 upon becoming aware of such failure or incorrect submittal, promptly submit
			 such supplementary facts or corrected information. (3-28-23)
02.
Necessary Additional
			 Information
. If, while processing an application that has been
			 determined or deemed to be complete, the Department determines that additional
			 information is necessary to evaluate or take final action on that application,
			 the Department may request such information in writing and set a deadline for a
			 response. The applicant must submit the requested information on or before the
			 deadline set by the Department. (3-28-23)
03.
Additional Information After
			 Completeness
. The applicant must promptly provide additional information
			 as necessary to address any requirements that become applicable to the Tier I
			 source after the date a complete application was filed but prior to release of
			 a proposed action. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.316 - EFFECT OF INACCURATE INFORMATION IN APPLICATIONS OR FAILURE TO SUBMIT RELEVANT INFORMATION

Current through August 31, 2023
Notwithstanding the shield provisions of Section
				325, the owner or operator is
				subject to enforcement action for operation of the Tier I source without a Tier
				I operating permit if the owner or operator submitted an incomplete or
				inaccurate application or the Tier I source is later determined not to qualify
				for coverage under the conditions and terms of the Tier I operating permit.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.322 - STANDARD CONTENTS OF TIER I OPERATING PERMITS

Current through August 31, 2023
All Tier I operating permits must contain and the Department
				has the authority to impose, implement and enforce, the following elements for
				all permitted operating scenarios and emissions trading scenarios. Fugitive
				emissions must be included in the Tier I operating permit in the same manner as
				stack emissions. All Tier 1 operating permits must: (3-28-23)
01.
Emission Limitations and
			 Standards
. Contain emission limitations and standards, including, but
			 not limited to, those operational requirements and limitations that assure
			 compliance with the applicable requirements identified in the application, or
			 determined by the Department to be applicable to the source;
			 (3-28-23)
02.
Authority for
			 and Form of Terms and Conditions
. Specify and reference the origin of
			 and authority for each term or condition, and identify any difference in form
			 as compared to the applicable requirement upon which the term or condition is
			 based; (3-28-23)
03.
Terms or
			 Conditions for Applicable Requirements
. Contain at least one (1) permit
			 term or condition for every applicable requirement specifically identified in
			 the application or determined by the Department to be applicable to the source;
			 (3-28-23)
04.
Alternative
			 Operating Scenarios
. Contain terms and conditions to ensure compliance
			 with all applicable requirements for each alternative operating scenario that
			 was requested by the applicant and approved by the Department, including, but
			 not limited to, a requirement that the owner or operator of the source,
			 contemporaneously with making a change from one (1) operating scenario to
			 another, record the change in an operating scenario log located and retained at
			 the permitted facility; (3-28-23)
05.
Trading Scenarios
. (3-28-23)
a. Contain terms and conditions for each
			 trading scenario that was requested by the applicant and approved by the
			 Department including, but not limited to, terms and conditions that ensure that
			 any emission trade is quantifiable, accountable, enforceable and based on
			 replicable procedures. (3-28-23)
b.
			 State that no permit revision is required under approved economic incentives,
			 marketable permits, emissions trading, and other similar programs or processes
			 for changes that are provided for in the permit; and (3-28-23)
c. At a minimum, include a requirement that
			 the owner or operator of the source, contemporaneously with making a change
			 from one (1) trading scenario to another, record the change in a trading
			 scenario log located and retained at the permitted facility and provide notice
			 to the Department in accordance with Section
			 383; (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.325 - ADDITIONAL CONTENTS OF TIER I OPERATING PERMITS - PERMIT SHIELD

Current through August 31, 2023
Each Tier I operating permit will include provisions stating:
				(3-28-23)
01.
General Permit
			 Shield
. Compliance with the terms and conditions of the Tier I operating
			 permit, including those applicable to all alternative operating scenarios and
			 trading scenarios, will be deemed compliance with all of the following:
			 (3-28-23)
a. Applicable requirements as of the
			 date of permit issuance that are specifically identified in the Tier I
			 operating permit and have a corresponding term or condition in the Tier I
			 operating permit. (3-28-23)
b.
			 Non-applicable requirements. For a requirement to be a non-applicable
			 requirement, all of the following criteria must be met: (3-28-23)
i. The permittee must have provided the
			 information required by Subsection
			 314.08.b. in the application.
			 (3-28-23)
ii. The requirement must
			 be specifically identified in the Tier I operating permit as a non-applicable
			 requirement. (3-28-23)
iii. The
			 requirement must have been determined by the Department, in writing and in
			 acting on the permit application or revision, to not be applicable to the Tier
			 I source. (3-28-23)
iv. Tier I
			 operating permit must include the Department's determination or a concise
			 summary thereof. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.332 - EMERGENCY AS AN AFFIRMATIVE DEFENSE REGARDING EXCESS EMISSIONS

Current through August 31, 2023
01.
General
. An emergency,
			 defined as any situation arising from sudden and reasonably unforeseeable
			 events beyond the control of the owner or operator, including acts of God,
			 which situation requires immediate corrective action to restore normal
			 operation and that causes the Tier I source to exceed a technology-based
			 emission limitation under the Tier I operating permit due to unavoidable
			 increases in emissions attributable to the emergency, constitutes an
			 affirmative defense to an action brought for noncompliance with such
			 technology-based emission limitation if the conditions of Subsection
			 332.02 are met. An emergency
			 will not include noncompliance to the extent caused by improperly designed
			 equipment, lack of preventative maintenance, careless or improper operation, or
			 operator error. (3-28-23)
02.
Demonstration of Emergency
. The affirmative defense of emergency
			 must be demonstrated through properly signed, contemporaneous operating logs,
			 or other relevant evidence that: (3-28-23)
a.
			 An emergency occurred and that the permittee can identify the cause(s) of the
			 emergency; (3-28-23)
b. The
			 permitted facility was at the time being properly operated; (3-28-23)
c. During the period of the emergency, the
			 permittee took all reasonable steps, as determined by the Department, to
			 minimize levels of emissions that exceeded the emission standards, or other
			 requirements in the permit; and (3-28-23)
d. The permittee submitted written notice of
			 the emergency to the Department within two (2) working days of the time when
			 emission limitations were exceeded due to the emergency. This notice must
			 contain a description of the emergency, any steps taken to mitigate emissions,
			 and corrective actions taken. Compliance with this section satisfies the
			 written reporting requirements under Section
			 135 and Subsection
			 322.15.q.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.335 - GENERAL TIER I OPERATING PERMITS AND AUTHORIZATIONS TO OPERATE

Current through August 31, 2023
01.
Issuance of General Tier I
			 Operating Permits
. The Department may, after notice and opportunity for
			 public participation provided in accordance with Section
			 364, issue a general Tier I
			 operating permit covering numerous similar sources. (3-28-23)
02.
Contents of General Tier I
			 Operating Permits
. Each general Tier I operating permit will: (3-28-23)
a. Include all terms and conditions
			 identified in Sections
			 322 and
			 325. (3-28-23)
b. Include specific criteria by which sources
			 may qualify for coverage under the general Tier I operating permit; and
			 (3-28-23)
c. May provide for
			 applications that deviate from the requirements of Sections
			 311 through
			 315, provided that such
			 applications meet all other requirements of
			 42 U.S.C.
			 7661 through
			 7661f and include all information
			 necessary to determine qualification for, and to ensure compliance with, the
			 general Tier I operating permit. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.336 - TIER I OPERATING PERMITS FOR TIER I PORTABLE SOURCES

Current through August 31, 2023
01.
Portable Tier I Source Permit
			 Issuance
. (3-28-23)
a. The Department
			 may issue a single Tier I operating permit authorizing emissions from similar
			 operations of a portable Tier I source by the owner or operator at multiple
			 temporary locations. (3-28-23)
b.
			 The operation must be temporary and involve at least one (1) change of location
			 for the portable Tier I source during the term of the Tier I operating permit.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.360 - STANDARD PROCESSING OF TIER I OPERATING PERMIT APPLICATIONS

Current through August 31, 2023
Sections
				360 through
				369 establish standard procedures
				and requirements for processing Tier I operating permits. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.361 - COMPLETENESS OF APPLICATIONS

Current through August 31, 2023
01.
Criteria
. Except as otherwise provided by these rules, the
			 application must comply with Section
			 314 including that the information
			 must be in sufficient detail. (3-28-23)
02.
Timelines for Completeness
			 Determinations
. The Department will send written notice to the applicant
			 of whether the application is complete within sixty (60) days of receiving the
			 application and, if the Department fails to send the written notice, the
			 application will be deemed complete. (3-28-23)
03.
Effects of Completeness
			 Determination
. (3-28-23)
a. The
			 submittal of a complete application activates the application shield provided
			 by Subsection 361.02.
			 (3-28-23)
b. The submittal of a
			 complete Tier I operating permit application does not affect the permit to
			 construct requirements of Sections
			 200 through
			 225 or
			 42 U.S.C. Sections
			 7401 through
			 7515. (3-28-23)
c. The timelines for final agency action
			 provided in Subsections
			 367.02 and
			 367.03 begin on the date of the
			 completeness determination. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.362 - STATEMENT OF BASIS FOR TIER I OPERATING PERMITS

Current through August 31, 2023
01.
Statement of Basis for Draft Permit
. As part of its review of the
			 Tier I operating permit application, the Department will prepare a statement of
			 basis that sets forth the legal and factual basis for the draft Tier I
			 operating permit terms and conditions (including references to the applicable
			 statutory or regulatory provisions) or the draft denial. (3-28-23)
02.
Revised Statement of Basis for
			 Proposed Permit
. If the Department revises its analysis, its conclusions
			 or the terms or conditions of the Tier I operating permit in response to public
			 comment, the Department may revise the statement of basis for the proposed
			 permit or the proposed denial. (3-28-23)
03.
Release of Statement of
			 Basis
. The statement of basis will be made available to the public in
			 accordance with Section
			 364 and sent to the EPA with the
			 proposed Tier I operating permit or proposed denial. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.363 - PREPARATION OF DRAFT PERMIT OR DRAFT DENIAL

Current through August 31, 2023
Except as otherwise provided in these rules, the Department
				will prepare a draft permit or draft denial as promptly as practicable or one
				hundred twenty (120) days before the deadline for final action, whichever is
				earlier. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.364 - PUBLIC NOTICES, COMMENTS AND HEARINGS

Current through August 31, 2023
01.
Generally
. Except as otherwise provided in these rules, all Tier I
			 operating permit proceedings will provide for public notice and public comment,
			 including offering an opportunity for a hearing, on a draft permit or on a
			 draft denial. (3-28-23)
02.
Public Comment Package
. A public comment package including the
			 draft permit or draft denial, the technical memorandum and the application will
			 be prepared and distributed to appropriate public locations, the applicant and
			 affected States. (3-28-23)
03.
Giving Notice
. Notice will be given: by publication in a newspaper
			 of general circulation in the area where the Tier I source is located or in a
			 State publication designed to give general public notice; by mailing the notice
			 to persons on a mailing list developed by the Department, including those who
			 request in writing to be on the list; by mailing the notice to all affected
			 States; and by other means if necessary to ensure adequate notice to the
			 affected public. (3-28-23)
04.
Content of the Notice
. The notice will identify the affected
			 facility; provide the name and address of the permittee; provide the name and
			 address of the Department processing the application; identify the draft permit
			 action; identify the emissions change if the permit action is a permit revision
			 or reopening; provide the locations where the public may locate a copy of the
			 public comment package; provide the name, address, email address, and telephone
			 number of a person from whom interested persons may obtain additional
			 information that is relevant to the permit decision by filing a written public
			 documents request and paying any costs; provide a brief description of the
			 comment procedures, including the deadline for comments and the name and
			 address of the person to whom written comments must be delivered; and state the
			 time and place of any hearing that has been scheduled or provide information
			 regarding how a person may request a hearing. (3-28-23)
05.
Public Comment Procedures
.
			 (3-28-23)
a. The Department will provide at
			 least thirty (30) days for public comment. (3-28-23)
b. The Department will give notice of any
			 public hearing at least thirty (30) days in advance of the hearing.
			 (3-28-23)
c. The public hearing, if
			 any, is an informal meeting, conducted by a hearing officer designated by the
			 Department and transcribed. Written comments or supporting documents may be
			 submitted during the hearing. (3-28-23)
d. The public comments and additional
			 information received during the comment period are available to the public upon
			 the filing of a written public documents request and the payment of any costs.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.365 - PREPARATION OF PROPOSED PERMIT OR PROPOSED DENIAL

Current through August 31, 2023
01.
Timeline
. Except as otherwise provided by these rules, the
			 Department will prepare a proposed permit or proposed denial within thirty (30)
			 days after the close of the public comment period, unless the Department
			 determines that additional time is required to evaluate comments and
			 information received. (3-28-23)
02.
Availability
. The proposed permit or proposed denial will be
			 available to the public upon the filing a written public documents request and
			 the payment of any costs. (3-28-23)
03.
Notice to Affected States
.
			 If the Department refuses to accept all recommendations that an affected State
			 submitted during the public comment period, the Department will send a copy of
			 the notice sent to EPA in accordance with Subsection
			 366.01.d. to the affected
			 State that submitted the recommendation. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.366 - EPA REVIEW PROCEDURES

Current through August 31, 2023
01.
Submittal
			 of Proposal to EPA
. Except as otherwise provided in these rules and
			 unless EPA waives its opportunity to review a proposed permit, the Department
			 will transmit the following to EPA: (3-28-23)
a. The proposed permit or proposed denial.
			 (3-28-23)
b. The statement of
			 basis, as revised if appropriate. (3-28-23)
c. The application including all supplements
			 and corrections submitted by the applicant, unless the applicant has submitted
			 the information under a claim of confidentiality or unless the Department has
			 entered an agreement with EPA to submit only a summary form and relevant
			 portions of the permit application. (3-28-23)
d. Notice of any refusal by the Department to
			 accept all recommendations for the proposal that any affected State submitted
			 during the public comment period. The notice will include the Department's
			 reasons for not accepting any such recommendation. The Department is not
			 required to accept recommendations that are not based on applicable
			 requirements. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.367 - ACTION ON APPLICATION

Current through August 31, 2023
01.
Issuance
			 Conditions
. Except as otherwise provided by these rules, a Tier I
			 operating permit, or any portion thereof, may be issued only if all of the
			 following conditions have been met: (3-28-23)
a. The owner or operator has submitted a
			 complete application in accordance with Section
			 361. (3-28-23)
b. The public has been provided notice and
			 opportunities for comment and a hearing in accordance with Section
			 364. (3-28-23)
c. Affected States have been provided notice
			 in accordance with Section
			 364 and Subsection
			 365.03. (3-28-23)
d. The terms and conditions of the Tier I
			 operating permit comply with Sections
			 321 through
			 336 including providing for
			 compliance with all applicable requirements. (3-28-23)
e. The EPA has been provided with the
			 proposal and an opportunity to object and the Department has responded as
			 required by Section 366.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.368 - EXPIRATION OF PRECEDING PERMITS

Current through August 31, 2023
If a timely and complete Tier I permit application is received
				by the Department and is not acted upon in a timely manner as prescribed by
				these rules, the permit to construct, Tier I operating permit or Tier II
				operating permit, if any, that has been previously issued to the owner or
				operator of the Tier I source by the Department or EPA continues in full force
				until the Department has completed action of the permit application. No Tier I
				operating permit will be considered to have expired due solely to the
				Department's inaction on a timely Tier I operating permit application.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.369 - TIER I OPERATING PERMIT RENEWAL

Current through August 31, 2023
01.
Renewal
			 Procedures
. Tier I operating permits being renewed are subject to the
			 same procedural requirements, including those for public participation,
			 including affected State review, and EPA review, that apply to initial Tier I
			 operating permit issuance. (3-28-23)
02.
Expiration and Renewal Application
			 Shield
. Tier I operating permit expiration terminates the source's right
			 to operate unless a timely and complete renewal application has been submitted.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.380 - CHANGES TO TIER I OPERATING PERMITS

Current through August 31, 2023
01.
Applicability
. Sections
			 380 through
			 397 establish procedures and
			 requirements for permit revisions and changes requiring notice. These
			 provisions do not alter the requirements for permits to construct set forth at
			 Sections 200 through
			 227. (3-28-23)
02.
Changes Requiring Permit
			 Revisions
. Sections
			 381 through
			 383 establish procedures and
			 requirements for Tier I operating permit revisions. A permit revision is
			 required for changes that are not addressed or prohibited by the Tier I
			 operating permit if such changes are subject to any requirements under Title IV
			 of the Clean Air Act or are modifications under any provision of Title I of the
			 Clean Air Act. (3-28-23)
03.
Changes Requiring Notice
. Sections
			 384 and
			 385 establish procedures and
			 requirements for providing notice by the permittee to the Department and EPA of
			 certain emission trades and changes that contravene a permit term (Section
			 384), or certain changes that are
			 not addressed or prohibited by the permit (Section
			 385). (3-28-23)
04.
Reopening
. Section
			 386 establishes procedures for
			 reopening the permit for cause by the Department, EPA, or the permittee.
			 (3-28-23)
05.
Acid
			 Rain
. Changes regulated under Title IV of the Clean Air Act,
			 42 U.S.C. Sections
			 7651 through
			 7651o, are governed by regulations
			 promulgated under Title IV of the Act. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.381 - ADMINISTRATIVE PERMIT AMENDMENTS

Current through August 31, 2023
01.
Criteria
. An administrative permit amendment is a permit revision
			 that: (3-28-23)
a. Corrects typographical
			 errors; (3-28-23)
b. Identifies a
			 change in the name, address, or phone number of any person identified in the
			 Tier I operating permit, or provides a similar minor administrative change at
			 the Tier I source; (3-28-23)
c.
			 Requires more frequent monitoring or reporting by the permittee;
			 (3-28-23)
d. Allows for a change in
			 ownership or operational control of a Tier I source where the Department
			 determines that no other change in the Tier I operating permit is necessary,
			 provided that a written agreement containing a specific date for transfer of
			 permit responsibility, coverage, and liability between the current and new
			 permittee has been submitted to the Department; (3-28-23)
e. Incorporates into the Tier I operating
			 permit the requirements from a permit to construct that was issued by the
			 Department in accordance with Subsection
			 209.05.c.; or
			 (3-28-23)
f. Is any other type of
			 change that EPA and the Department have determined as part of the Part 70
			 program to be similar to those in Subsections
			 381.01.a. through 381.01.d.
			 (3-28-23)