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 58.01.01.382 - SIGNIFICANT PERMIT MODIFICATION

Current through August 31, 2023
01.
Criteria
. Significant modification procedures are used for
			 applications requesting permit revisions that do not qualify as minor permit
			 modifications or as administrative amendments. Nothing herein will be construed
			 to preclude the permittee from making changes consistent with this chapter that
			 would render existing permit compliance terms and conditions irrelevant. A
			 significant permit modification is a permit revision for changes that:
			 (3-28-23)
a. Violate an existing Tier I permit
			 term or condition derived from an applicable requirement; (3-28-23)
b. Involve significant changes to existing
			 monitoring, reporting or recordkeeping requirements in the permit. Every
			 significant change in existing monitoring terms or conditions (except more
			 frequent monitoring or reporting under Subsection
			 381.01.c.) and every
			 relaxation of reporting or recordkeeping terms or conditions is considered
			 significant; (3-28-23)
c. Require
			 or change a case-by-case determination of an emission limitation or other
			 standard; a source-specific determination for temporary sources of ambient
			 impacts; or a visibility or increment analysis; (3-28-23)
d. Seek to establish or change a permit term
			 or condition for which there is no corresponding underlying applicable
			 requirement and that the source has assumed to avoid an applicable requirement
			 to which the source would otherwise be subject. Such terms and conditions
			 include, but are not limited to, an enforceable emissions cap assumed to avoid
			 classification as a modification under any provision of Title I of the Clean
			 Air Act or an alternative emissions limit for an early reduction of hazardous
			 air pollutants that was approved pursuant to regulations promulgated under
			 42 U.S.C. Section
			 7412(i)(5) of the Clean Air
			 Act; (3-28-23)
e. Constitute a
			 modification under any provision of Title I of the Clean Air Act; or
			 (3-28-23)
f. Could be processed as
			 an administrative amendment or as a minor modification, except the permittee
			 has requested the change be processed as a significant modification, including
			 incorporating the requirements of a permit to construct that was issued by the
			 Department in accordance with Subsection
			 209.05.a.
			 (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 58.01.01.383 - MINOR PERMIT MODIFICATION

Current through August 31, 2023
01.
Criteria
. (3-28-23)
a. Minor
			 permit modification procedures may be used for permit modifications involving
			 economic incentives, marketable permits, emissions trading, and other similar
			 approaches explicitly provided for in the SIP or applicable requirements
			 promulgated by EPA. A permittee may not use minor modification procedures for
			 changes described in Subsections
			 382.01.a. through 382.01.e.
			 (3-28-23)
b. Any other permit
			 modification that is not required to be processed as a significant permit
			 modification under Section
			 382. (3-28-23)
c. Groups of a permittee's applications
			 eligible for processing as minor permit modifications may be processed under
			 minor permit modification procedures if collectively, the changes proposed in
			 the minor modification applications do not exceed the lesser of: (3-28-23)
i. Ten percent (10%) of the emissions allowed
			 by the existing Tier I operating permit for the emissions unit for which the
			 change is requested; (3-28-23)
ii.
			 Twenty percent (20%) of the major facility criteria in Section
			 008; or (3-28-23)
iii. Five (5) tons per year.
			 (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 58.01.01.384 - SECTION 502(B)(10) CHANGES AND CERTAIN EMISSION TRADES

Current through August 31, 2023
01.
Criteria
. This section
			 authorizes emission changes within a permitted facility without requiring a
			 permit revision, if the changes are not modifications under any provision of
			 the Title I of the Clean Air Act and the changes do not exceed the emissions
			 allowable under the permit (whether expressed therein as a rate of emissions or
			 total emissions). (3-28-23)
a. Changes
			 authorized are changes that: (3-28-23)
i. Are
			 Section 502(b)(10)
			  changes; (3-28-23)
ii. Are changes involving trades of increases
			 and decreases of emissions within the permitted facility where the State
			 Implementation Plan provides for such emissions trades without requiring a
			 permit revision. SIP trades are allowed in compliance with this Section even if
			 the Tier I operating permit does not already provide for such emission trading;
			 or (3-28-23)
iii. Are changes made
			 under the terms and conditions of the Tier I permit that authorize the trading
			 of emissions increases and decreases within the permitted facility for the
			 purpose of complying with a federally enforceable emissions cap that is
			 established by the Department in the Tier I operating permit independent of
			 otherwise 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 58.01.01.385 - OFF-PERMIT CHANGES AND NOTICE

Current through August 31, 2023
01.
Criteria
. This section authorizes changes that are neither
			 addressed nor prohibited by the Tier I operating permit to be made without a
			 permit revision if each such change meets all applicable requirements and does
			 not violate any existing permit terms or conditions. Changes constituting a
			 modification under Title I of the Clean Air Act, or subject to a requirement
			 under Title IV of the Clean Air Act are not off-permit changes.
			 (3-28-23)
02.
Notice
			 Procedure
. Sources must provide written notice to the Department and
			 EPA. of each such change except changes that qualify as insignificant under
			 Section 317, within
			 seven (7) days of making the off-permit change. (3-28-23)
a. The written notification provided to the
			 Department and EPA must: (3-28-23)
i. State at
			 the beginning of the notification "NOTIFICATION OF OFF-PERMIT CHANGE";
			 (3-28-23)
ii. Describe the
			 off-permit change; (3-28-23)
iii.
			 State the date on which the off-permit change will occur or has occurred;
			 (3-28-23)
iv. Describe and quantify
			 any change in emissions resulting from the off-permit change including, but not
			 limited to, an identification of any new regulated air pollutant(s) that will
			 be emitted; and (3-28-23)
v.
			 Identify any new applicable requirement that is applicable to the Tier I source
			 as a result of the off-permit change. (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 58.01.01.386 - REOPENING FOR CAUSE

Current through August 31, 2023
The Department will reopen a Tier I permit if cause exists.
				(3-28-23)
01.
Criteria
.
			 Cause for reopening exists under any of the following circumstances: (3-28-23)
a. Additional applicable requirements become
			 applicable to a major Tier I source with a remaining permit term of three (3)
			 or more years; provided that no such reopening is required if the original
			 effective date of the applicable requirement is later than the date on which
			 the Tier I operating permit is due to expire and the original Tier I operating
			 permit or any of its terms and conditions has not been extended pursuant to
			 Section 368; provided
			 further that the permittee must comply with the additional applicable
			 requirement no later than the effective date; (3-28-23)
b. Whenever additional applicable
			 requirements become applicable to an affected source, as defined for the
			 purposes of the acid rain program; (3-28-23)
c. The Department or EPA determines that the
			 Tier I operating permit contains a material mistake or inaccurate statements
			 were used or considered in establishing the emissions standards or other terms
			 or conditions of the Tier I operating permit; or (3-28-23)
d. The Department or EPA determines that the
			 Tier I operating permit does not ensure compliance with the 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 58.01.01.387 - TIER I REGISTRATION FEE

Current through August 31, 2023
Sections
				387 through
				397 set the procedures for the
				annual registration and fee assessment for Tier I sources, including facilities
				that obtained air quality permits that limited potential emissions below Tier I
				source levels during the previous year. Any person owning or operating a Tier I
				source during the previous calendar year must by April 1 of each year, register
				with the Department and submit the following information described at
http://www.deq.idaho.gov
:
				(3-28-23)
01.
Facility
			 Information
. The name, address, telephone number and location of the
			 facility; (3-28-23)
02.
Owner/Operator Information
. The name, address and telephone
			 numbers of the owners and operators; (3-28-23)
03.
Facility Emission Units
. The
			 number and type of emission units present at the facility or the Tier I permit
			 number for the facility; and (3-28-23)
04.
Pollutant Registration
. The
			 actual emissions from the previous calendar year for oxides of sulfur (SOx),
			 oxides of nitrogen (NOx), particulate matter (PM10), and volatile organic
			 compounds (VOC) calculated using methods to include, but not limited to,
			 continuous emissions monitoring (CEMS), certified source tests, material
			 balances (mass-balance), state/industry emission factors, or AP-42 emission
			 factors applied to throughput, actual operating hours, production rates,
			 in-place control equipment, or the types of materials processed, stored, or
			 combusted. (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 58.01.01.390 - TIER I ANNUAL FEE

Current through August 31, 2023
A Tier I annual fee includes the following three components:
				(3-28-23)
01.
Fixed Annual
			 Fee
. A fixed annual fee for Tier I sources emitting regulated air
			 pollutants listed in Subsection
			 387.04 as follows:
Emissions
							 (tons/year)
Fixed Annual
							 Fee
4500 and above
$70,785
3000 - 4499
$47,190
1000 - 2999
$37,540
500 - 999
$18,235
200 - 499
$11,800
0 - 199
$5,900
(3-28-23)
02.
Fee Based on Presumptive
			 Minimum
. A fee based on the 40 CFR Part 70 presumptive minimum (
https://www.epa.gov/title-v-operating-permits/permit-fees
)
			 is calculated by multiplying the presumptive minimum fee in effect on April 1
			 of each year by the sum of all air pollutant emissions listed in Subsection
			 387.04, but not to exceed the
			 following maximum values:
Emissions
							 (tons/year)
Maximum Fee
4500 and above
$181,000
3000 - 4499
$91,000
1000 - 2999
$44,400
500 - 999
$31,500
200 - 499
$13,500
0 - 199
$4,550
(3-28-23)
03.
Fee-for-Service
. A fee for
			 service that the Department will assess based on actual time expended and
			 expenses incurred by the Department in the previous calendar year for 40 CFR
			 Part 70 program activities in an amount not to exceed forty five thousand
			 dollars ($45,000) per year. (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 58.01.01.392 - REGISTRATION FEE ASSESSMENT

Current through August 31, 2023
All applicable facilities must pay to the Department an annual
				registration fee based on the information supplied by the registrant using the
				methods described in Section
				390. If the facility fails to
				submit registration information, the Department will calculate the fee and
				assess both the fee and the costs of calculating the fee. No later than May 15
				of each year, the Department will send to each registrant an assessment of the
				annual 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 58.01.01.393 - PAYMENT OF TIER I REGISTRATION FEE

Current through August 31, 2023
The fee must be paid to and received by the Department no later
				than July 1 of each year. Information for making payments is available at
http://www.deq.idaho.gov
.
				(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 58.01.01.394 - EFFECT OF DELINQUENCY ON APPLICATIONS

Current through August 31, 2023
No permit to construct or operate will be processed by the
				Department for any facility or person having Tier I operating permit fees
				delinquent in full or in part. (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 58.01.01.397 - LUMP SUM PAYMENTS OF REGISTRATION FEES

Current through August 31, 2023
01.
Agreement
. The Department may enter an agreement with any person
			 for the lump sum payment of all, or any addition to, the registration fees in
			 Section 390.
			 (3-28-23)
02.
Minimum
			 Amount
. The minimum amount for any lump sum agreement is three hundred
			 thousand dollars ($300,000). (3-28-23)
03.
Payment Waiver
. Upon the
			 execution and full performance of the agreement by the person, the Department
			 will waive the payment requirements of Section
			 390. All other provisions of
			 Sections 387 through
			 397 remain applicable to the
			 person. (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 58.01.01.400 - PROCEDURES AND REQUIREMENTS FOR TIER II OPERATING PERMITS

Current through August 31, 2023
Sections
				400 through
				409 establish uniform procedures
				for the issuance of "Tier II 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 58.01.01.401 - TIER II OPERATING PERMIT

Current through August 31, 2023
01.
Optional
			 Tier II Operating Permits
. The owner or operator of any stationary
			 source or facility not subject to (or wishes to accept limitations on the
			 facility's potential to emit so as to not be subject to) Sections
			 300 through
			 399 may apply to the Department for
			 an operating permit to: (3-28-23)
a.
			 Authorize the use of an emission offset pursuant to Sections
			 204.02.b. or 206;
			 (3-28-23)
b. Authorize the use of a
			 potential to emit limitation, an emission reduction or netting transaction to
			 exempt a facility or modification from certain requirements for a permit to
			 construct; (3-28-23)
c. Authorize
			 the use of a potential to emit limitation to exempt the facility from Tier I
			 permitting requirements; and (3-28-23)
d. Bank an emission reduction credit pursuant
			 to Section 461. (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 58.01.01.402 - APPLICATION PROCEDURES

Current through August 31, 2023
Application for a Tier II operating permit must be made using
				forms furnished by the Department, or by other means approved by the
				Department. The application must be certified by the responsible official and
				be accompanied by all information necessary to perform any analysis or make any
				determination required under Sections
				400 through
				410. (3-28-23)
01.
Required Information
. Site
			 information, plans, description, specifications, and drawings showing the
			 design of the stationary source, facility, or modification, the nature and
			 amount of emissions (including secondary emissions), and the manner in which it
			 will be operated and controlled. (3-28-23)
02.
Additional Specific
			 Information
. (3-28-23)
a. For emission
			 reduction credits, a description of the emission reduction credits proposed for
			 use, including descriptions of the stationary sources or facilities providing
			 the reductions, a description of the system of continuous emission control that
			 provides the emission reduction credits, emission estimates, and other
			 information necessary to determine that the emission reductions satisfy the
			 requirements for emission reduction credits (Section
			 460). (3-28-23)
b. For emission offsets, information on the
			 air quality impacts of the traded emissions as necessary to determine the
			 change in ambient air quality that would occur. (3-28-23)
c. For restrictions on potential to emit, a
			 description of the proposed potential to emit limitations including the
			 proposed monitoring and recordkeeping requirements that will be used to verify
			 compliance with the limitations. (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 58.01.01.403 - PERMIT REQUIREMENTS FOR TIER II SOURCES

Current through August 31, 2023
No Tier II operating permit will be granted unless the
				applicant shows to the satisfaction of the Department that: (3-28-23)
01.
Emission Standards
. The
			 stationary source would comply with all applicable local, state or federal
			 emission standards. (3-28-23)
02.
NAAQS
. The stationary source would not cause or significantly
			 contribute to a violation of any ambient air quality standard.
			 (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 58.01.01.404 - PROCEDURE FOR ISSUING PERMITS

Current through August 31, 2023
01.
General
			 Procedures
. General procedures for Tier II operating permits. (3-28-23)
a. Within thirty (30) days after receipt of
			 the application for a Tier II operating permit, the Department will determine
			 whether the application is complete or whether more information must be
			 submitted 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. 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
			 404.01.c. The Department will
			 set forth reasons for any denial; or (3-28-23)
ii. Issue a proposed approval or proposed
			 denial. (3-28-23)
c. An
			 opportunity for public comment will be provided on an application for any Tier
			 II operating permit pursuant to Subsection
			 401.01 and any other application
			 that the Department determines an opportunity for public comment should be
			 provided. (3-28-23)
i. 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)
ii. A copy of
			 such notice will be sent to the applicant and to appropriate federal, state and
			 local agencies. (3-28-23)
iii.
			 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)
iv. 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, 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
			 set forth the reasons for any denial. (3-28-23)
v. 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 proposed and final permit
			 will be sent to 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 58.01.01.405 - CONDITIONS FOR TIER II OPERATING PERMITS

Current through August 31, 2023
01.
Reasonable Conditions
. The Department may impose any reasonable
			 conditions upon an approval, including conditions requiring the stationary
			 source or facility to be provided with: (3-28-23)
a. Sampling ports of a size, number, and
			 location as the Department may require; (3-28-23)
b. Safe access to each port;
			 (3-28-23)
c. Instrumentation to
			 monitor and record emissions data; (3-28-23)
d. Instrumentation for ambient monitoring to
			 determine the effect emissions from the stationary source or facility may have,
			 or are having, on the air quality in any area affected by the stationary source
			 or facility; and (3-28-23)
e. Any
			 other sampling and testing facilities as may be deemed reasonably necessary.
			 (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 58.01.01.407 - TIER II OPERATING PERMIT PROCESSING FEE

Current through August 31, 2023
01.
Tier II Operating Permit Processing Fee
. A Tier II operating
			 permit 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 a Tier II permit or permit renewal. The fee calculation will not
			 include fugitive emissions.
TIER II OPERATING PERMIT
							 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.)
$500
Stationary sources or facilities with permitted
							 emissions of less than one (1) ton per year
$1,250
Stationary sources or facilities with permitted
							 emissions of one (1) to less than ten (10) tons per year
$2,500
Stationary sources or facilities with permitted
							 emissions of ten (10) to less than one hundred (100) tons per
							 year
$5,000
Stationary sources or facilities with permitted
							 emissions of one hundred (100) tons or more per year
$10,000
Synthetic minor stationary sources with permitted
							 emissions below a major threshold level
$10,000
(3-28-23)
02.
Tier II Operating Permit Processing
			 Fee Not Required
. If the Department determines no other review or
			 analysis is required, the Tier II operating permit processing fee is not
			 required to be submitted when: (3-28-23)
a. A
			 permit to construct issued within the last five (5) years is rolled into a Tier
			 II permit; (3-28-23)
b. A change to
			 correct typographical errors is requested; (3-28-23)
c. A change in the name or ownership of the
			 holder of a Tier II operating permit is requested; or (3-28-23)
d. A synthetic minor permit is issued and the
			 Department's processing costs can be charged against fees collected from the
			 person receiving the permit under Title V of the federal Clean Air Act
			 amendments of 1990. (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 58.01.01.408 - PAYMENT OF TIER II OPERATING PERMIT PROCESSING FEE

Current through August 31, 2023
01.
Fee Submittal
. The Tier II
			 operating permit processing fee is payable upon receipt of an assessment sent,
			 along with the final permit or permit renewal, to the person receiving a permit
			 or permit renewal by the Department. Information for making payments is
			 available at
http://www.deq.idaho.gov
.
			 (3-28-23)
02.
Delinquency
. Failure to submit a Tier II operating permit
			 processing fee within forty-five (45) days of receipt of an assessment by the
			 Department will result in a monthly accrual of interest in the amount of twelve
			 percent (12%) per annum on the outstanding balance until the fee is paid in
			 full. (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 58.01.01.409 - RECEIPT AND USAGE OF FEES

Current through August 31, 2023
Tier II operating permit processing fee and delinquency
				interest receipts will be deposited by the Department into a stationary source
				permit account. Monies from this account are 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 amendments of 1990. (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 58.01.01.460 - REQUIREMENTS FOR EMISSION REDUCTION CREDIT

Current through August 31, 2023
In order to be credited in a permit to construct, Tier I
				operating permit or Tier II operating permit any emission reduction must
				satisfy the following: (3-28-23)
01.
Allowable Emissions
. The proposed level of allowable emissions
			 must be less than the actual emissions of the stationary source(s) or emission
			 unit(s) providing the emission reduction credit. No emission reduction(s) can
			 be credited for actual emissions that exceed the allowable emissions of the
			 stationary source(s) or emission unit(s). (3-28-23)
02.
Timing of Emission
			 Reduction
. In an attainment or unclassifiable area, any emission
			 reduction that occurs prior to the minor source baseline date must have been
			 banked with the Department prior to the minor source baseline date to be
			 credited; in a nonattainment area the emission reduction must occur after the
			 base year of any control strategy for the particular air pollutant.
			 (3-28-23)
03.
Emission Rate
			 Calculation
. The emission rate before and after the reduction must be
			 calculated using the same method and averaging time and the characteristics
			 necessary to evaluate any future use of the emission reduction credit must be
			 described. (3-28-23)
04.
Permit Issuance
. A permit to construct, Tier I operating permit or
			 Tier II operating permit will be issued to establish a new emission standard
			 for the facility, or restrict the operating rate, hours of operation, or the
			 type or amount of material combusted, stored or processed for the stationary
			 source(s) or emission unit(s) providing the emission reductions.
			 (3-28-23)
05.
Imposed
			 Reductions
. Emission reductions imposed by local, state or federal
			 regulations or permits will not be allowed for emission reduction credits.
			 (3-28-23)
06.
Mobile
			 Sources
. The proposed level of allowable emissions must be less than the
			 actual emissions of the mobile sources or stationary sources providing the
			 emission reduction credit. Mobile source emission reduction credits will be
			 made state or federally enforceable by SIP revision. The form of the SIP
			 revision may be a state or local regulation, operating permit condition,
			 consent or enforcement order, or any mechanism available to the state that is
			 enforceable. (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 58.01.01.500 - REGISTRATION PROCEDURES AND REQUIREMENTS FOR PORTABLE EQUIPMENT

Current through August 31, 2023
All existing portable equipment must be registered at least ten
				(10) days prior to relocating, using forms provided by the Department, except
				that no registration is required for mobile internal combustion engines, marine
				installations and locomotives. (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 58.01.01.510 - STACK HEIGHTS AND DISPERSION TECHNIQUES

Current through August 31, 2023
Sections
				510 through
				514 establish criteria for good
				engineering practice for stack heights and dispersion techniques and apply to
				existing, new, and modified stationary sources and facilities. Sections
				510 through
				514 do not apply to stack heights
				in existence, or dispersion techniques implemented, on or before December 31,
				1970, except where regulated or toxic air pollutant(s) are being emitted from
				such stacks or using such dispersion techniques by sources that were
				constructed, or reconstructed, or for which major modifications were carried
				out, after December 31, 1970. Definitions for Section
				510 through
				514 are found in
				40 CFR
				51.100 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 58.01.01.511 - REQUIREMENTS

Current through August 31, 2023
The required degree of emission control of any regulated or
				toxic air pollutant must not be affected by the amount of any stack height that
				exceeds good engineering practice (GEP) or by any other dispersion technique.
				(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 58.01.01.512 - OPPORTUNITY FOR PUBLIC HEARING

Current through August 31, 2023
Whenever a new or revised emission limitation is to be based on
				a good engineering practice stack height that exceeds the height allowed by the
				GEP stack height formulae, the Department will notify the public of the
				availability of the demonstration study submitted and will provide an
				opportunity for public hearing on the demonstration study. (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 58.01.01.513 - APPROVAL OF FIELD STUDIES AND FLUID MODELS

Current through August 31, 2023
Any field study or fluid model used to demonstrate GEP stack
				height and any determination of "excessive concentration" must be approved by
				the EPA prior to an emission limit being established. The construction of any
				new stack or any increase to the height of any existing stack determined by the
				GEP stack height formulae without completing a fluid model and a field study,
				must be approved by the 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 58.01.01.514 - NO RESTRICTION ON ACTUAL STACK HEIGHT

Current through August 31, 2023
Sections
				510 through
				514 do not restrict, in any manner,
				the actual stack height of any stationary source or facility. (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 58.01.01.556 - CRITERIA FOR DECLARING AIR QUALITY EPISODES

Current through August 31, 2023
An air quality episode will be declared by the Department when
				pollutant concentrations reach, or are forecasted to reach, and persist, at or
				above the levels listed below. Pollutant concentrations will be determined by
				the Department through its analysis of meteorological and ambient air quality
				monitoring data.
Pollutant
Averaging Period
Advisorya
Alert
Warning
Emergencyb
CO
8 hour
NA
15 ppm
30 ppm
40 ppm
NO2
1 hour
NA
0.6 ppm
1.2 ppm
1.6 ppm
24 hour
NA
0.15 ppm
0.3 ppm
0.4 ppm
O3
1 hour
NA
0.2 ppm
0.4 ppm
0.5 ppm
SO2
24 hour
NA
0.3 ppm
0.6 ppm
0.8 ppm
PM2.5
1 hour
80 pg/m3
NA
NA
NA
24 hour
50 pg/m3
NA
NA
NA
PM10
1 hour
385 pg/m3
NA
NA
NA
24 hour
150 pg/m3
350 pg/m3
420 pg/m3
500 pg/m3
Table Footnotes
a.
The Department may call an Advisory,
							 if it determines, after evaluating the pertinent meteorology, weather
							 conditions and air quality conditions such as visibility, and source parameters
							 such as source type, strength, location and projected duration, that an
							 Advisory is required to protect the public health.
b.
The Department will only declare an
							 emergency with specific concurrence of Governor.
(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 58.01.01.557 - REQUIREMENTS DURING AIR QUALITY EPISODES

Current through August 31, 2023
All persons in an area under a declared air quality episode
				must comply with the following requirements. The Department may waive one (1)
				or more of the requirements at each episode level if, on the basis of
				information available, the requirement is an inappropriate response to the
				specific episode conditions that exist. (3-28-23)
01.
Advisory
. All open burning,
			 as defined in Sections
			 600-624, is prohibited. No new
			 ignition of open burning of any kind is allowed after an Advisory is declared.
			 The Department may require, if practicable, or in an emergency situation, the
			 cessation of any open burning. (3-28-23)
02.
Alert
. (3-28-23)
a. All open burning, as defined in Sections
			 600-624, is prohibited.
			 (3-28-23)
b. The use of burners and
			 incinerators for the disposal of any form of solid or liquid waste will be
			 prohibited. (3-28-23)
c. Persons
			 operating fuel-burning equipment that requires boiler lancing or soot blowing
			 must perform such operations between the hours of 12:00 p.m. (noon) and 4:00
			 p.m. (3-28-23)
d. Commercial,
			 industrial and institutional facilities utilizing coal or residual fuel oil are
			 required to switch to natural gas or distillate oil if available.
			 (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 58.01.01.558 - NOTIFICATION OF AIR QUALITY EPISODE

Current through August 31, 2023
01.
Method of
			 Communication
. When the Department declares an air quality episode, it
			 will utilize appropriate media to ensure that the following information is
			 announced to the public, affected government, and commercial, industrial,
			 institutional, and agricultural entities as practicable. (3-28-23)
02.
Information to Be Given
.
			 (3-28-23)
a. Level of episode that is
			 declared. (3-28-23)
b. Location and
			 description of the designated area. (3-28-23)
c. Description of the cause of degraded air
			 quality. (3-28-23)
d. Specific
			 warnings and advice to those persons who, because of acute or chronic health
			 problems, may be most susceptible to the effects of the degraded air quality.
			 (3-28-23)
e. Air quality forecast
			 for the following two (2) days. (3-28-23)
f. Duration of the episode and when the next
			 statement from the Department will be issued. (3-28-23)
g. Listing of all requirements applicable to
			 the public, commercial, institutional and industrial sectors.
			 (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 58.01.01.562 - SPECIFIC AIR QUALITY EPISODE ABATEMENT PLANS FOR STATIONARY SOURCES

Current through August 31, 2023
In addition to the general rules presented in Section
				557, the Department will require
				that specific stationary sources adopt and implement their own Air Quality
				Episode Abatement Plans in accordance with the criteria set forth in Section
				556. An individual plan can be
				revised periodically by the Department after consultation between the
				Department and the owners and/or operators of the source. (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 58.01.01.577 - AMBIENT AIR QUALITY STANDARDS FOR FLUORIDES

Current through August 31, 2023
Primary and secondary air quality standards are those
				concentrations in the ambient air which result in a total fluoride content in
				vegetation used for feed and forage of no more than: (3-28-23)
01.
Annual Standard
. Forty (40)
			 ppm, dry basis -- annual arithmetic mean. (3-28-23)
02.
Bimonthly Standard
. Sixty
			 (60) ppm, dry basis -- monthly concentration for two (2) consecutive months.
			 (3-28-23)
03.
Monthly
			 Standard
. Eighty (80) ppm, dry basis -- monthly concentration never to
			 be exceeded. (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 58.01.01.579 - BASELINES FOR PREVENTION OF SIGNIFICANT DETERIORATION

Current through August 31, 2023
01.
Baseline Date(s)
. (3-28-23)
a. Major Source Baseline Date. (3-28-23)
i. In the case of PM10 and sulfur dioxide,
			 January 6, 1975; (3-28-23)
ii. In
			 the case of nitrogen dioxide, February 8, 1988; and (3-28-23)
iii. In the case of PM2.5, October 20, 2010.
			 (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 58.01.01.580 - CLASSIFICATION OF PREVENTION OF SIGNIFICANT DETERIORATION AREAS

Current through August 31, 2023
01.
Restrictions On Area
			 Classification
. Restrictions on classification are listed in
			 40 CFR
			 52.21(e).
			 (3-28-23)
02.
Procedures for
			 Redesignation of Prevention of Significant Deterioration (PSD) Areas
.
			 The Governor may submit to EPA a proposal to redesignate areas as a revision to
			 the SIP. In preparing any such proposal the Department will: (3-28-23)
a. Consult with the elected leadership of
			 local and other substate general purpose governments in the area covered by the
			 proposed redesignation; (3-28-23)
b. Prepare a discussion of the reasons for
			 the proposed redesignation, including a satisfactory description and analysis
			 of the health, environmental, economic, social and energy effects of the
			 proposal. This document will be made available for public inspection at least
			 thirty (30) days prior to the public hearing on the proposed redesignation and
			 the notice announcing the hearing will include notification of the availability
			 of the document; (3-28-23)
c.
			 Provide written notice to the appropriate Federal Land Manager of any federal
			 lands proposed for redesignation and provide at least thirty (30) days for the
			 Federal Land Manager to confer with the Department and to submit written
			 comments and recommendations. If written comments and recommendations are
			 submitted, the Department will publish a list of any inconsistency between the
			 proposed redesignation and the comments and recommendations, including the
			 reasons for making a redesignation against the recommendation of the Federal
			 Land Manager; (3-28-23)
d. Notify
			 other states, Indian governing bodies, and federal land managers whose land may
			 be affected by the proposed redesignation at least thirty (30) days prior to
			 the public hearing; (3-28-23)
e.
			 For a redesignation to Class III: After consulting with the appropriate
			 committees of the legislature, if it is in session, or the leadership of the
			 legislature, if it is not in session, obtain specific approval by the Governor
			 and by all general purpose units of local government representing a majority of
			 the residents of the area to be redesignated; demonstrate that the
			 redesignation would not cause, or contribute to, violations of any ambient air
			 quality standard, or violations of PSD increments in any other area; and make
			 available, for public inspection prior to the public hearing, any permit
			 application and accompanying material for any major facility or major
			 modification which could only be permitted if the area were designated as Class
			 III; and (3-28-23)
f. Hold at least
			 one (1) public hearing on the proposed redesignation.
			 (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 58.01.01.581 - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) INCREMENTS

Current through August 31, 2023
Section
				581 establishes the allowable
				degree of deterioration for the areas within the State that have air quality
				better than the ambient standards. (3-28-23)
01.
Incorporated Federal Program
			 Requirements - Class I, II and III Areas
. Class I, II, and III area PSD
			 increment requirements contained in
			 40 CFR
			 52.21(c) are incorporated by
			 reference in Section 107. These
			 CFR sections have been codified in the electronic CFR at
www.ecfr.gov
. (3-28-23)
02.
Exceedances
. For any period
			 other than an annual period, the applicable maximum allowable increase may be
			 exceeded during one (1) such period per year at any one (1) location.
			 (3-28-23)
03.
Exclusions
. The following concentrations will be excluded in
			 determining compliance with the maximum allowable increases: (3-28-23)
a. Concentrations attributable to the
			 increase in emissions from facilities that have converted from the use of
			 petroleum products, natural gas, or both by reason of an order in effect under
			 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, over the emissions from such
			 facilities before the effective date of such order or plan; this does not apply
			 more than five (5) years after the effective date of such order or plan;
			 (3-28-23)
b. Concentrations of
			 PM-10 attributable to the increase in emissions from construction or other
			 temporary emission-related activities of new or modified facilities;
			 (3-28-23)
c. The increase in
			 concentrations attributable to new facilities outside the United States over
			 the concentrations attributable to existing facilities which are included in
			 the baseline concentration; and (3-28-23)
d. Concentrations attributable to the
			 temporary increase in emissions of sulfur dioxide, nitrogen dioxide, or
			 particulate matter from facilities that are affected by a revision to the SIP
			 approved by EPA; this exclusion may not exceed two (2) years unless a longer
			 time is approved by EPA, is not renewable, and applies only to revisions that:
			 (3-28-23)
i. Would not affect the applicable
			 pollutant concentrations in a Class I area or an area where an applicable
			 increment is known to be violated and would not cause or contribute to a
			 violation of an ambient air quality standard; and (3-28-23)
ii. Require limitations to be in effect at
			 the end of the approved time period that would ensure that the emissions from
			 facilities affected by the revision would not exceed those concentrations
			 occurring before the revision was approved.
			 (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 58.01.01.592 - STAGE 1 VAPOR COLLECTION

Current through August 31, 2023
Sections
				592 through
				598 set requirements for Stage 1
				vapor collection systems. Stage 1 vapor collection is used during the refueling
				of underground gasoline storage tanks to reduce hydrocarbon emissions. Vapors
				in the tank, which are displaced by the incoming gasoline, are routed through a
				hose into the gasoline cargo tank and returned to the terminal for processing.
				Section 599 sets the
				requirements for gasoline cargo tanks that deliver gasoline to those required
				to install and operate Stage 1 vapor collection systems. These sections apply
				to gasoline dispensing facilities (GDF) and gasoline cargo tanks in Ada and
				Canyon Counties only. Nothing in these rules is intended to supersede or render
				inapplicable any federal, state, or local laws, including, but not limited to
				40 CFR Part 63 , Subpart CCCCCC. (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 58.01.01.593 - AFFECTED EQUIPMENT OR PROCESSES

Current through August 31, 2023
01.
Applicability
. Sections
			 592 through
			 598 apply to transfers of gasoline
			 to underground storage tanks with a tank capacity of ten thousand (10,000)
			 gallons and not otherwise subject to
			 40 CFR
			 63.11118. The emission sources include the
			 underground gasoline storage tanks and associated equipment components in vapor
			 or liquid gasoline service at new, reconstructed, or existing GDFs.
			 Pressure/vacuum vents on underground gasoline storage tanks and the equipment
			 necessary to unload product from cargo tanks into the storage tanks at GDFs are
			 covered emission sources. (3-28-23)
02.
New Sources
. A source is a
			 new source if construction commenced on the source after April 1, 2009.
			 (3-28-23)
03.
Reconstructed
			 Sources
. A source is reconstructed if meeting the criteria for
			 reconstruction as defined in 40 CFR 63.2, incorporated by
			 reference in Section 107.
			 (3-28-23)
04.
Existing
			 Sources
. A source is an existing source if it is not new or
			 reconstructed. (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 58.01.01.594 - COMPLIANCE DATES

Current through August 31, 2023
For a new or reconstructed source, the owner or operator must
				comply with the standards in Sections
				595 and
				596 upon startup. Owners or
				operators of new sources must install dual point systems. (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 58.01.01.595 - SUBMERGED FILL REQUIREMENTS

Current through August 31, 2023
The owner or operator must only load gasoline into underground
				storage tanks at the facility by utilizing submerged filling. (3-28-23)
01.
Installed On or Before November 9,
			 2006
. Submerged fill pipes installed on or before November 9, 2006, must
			 be no more than twelve (12) inches from the bottom of the storage tank.
			 (3-28-23)
02.
Installed After
			 November 9, 2006
. Submerged fill pipes installed after November 9, 2006,
			 must be no more than six (6) inches from the bottom of the storage tank.
			 (3-28-23)