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 58.01.01.007 - DEFINITIONS FOR THE PURPOSES OF SECTIONS 200 THROUGH 228 AND 400 THROUGH 461

Current through August 31, 2023
01.
Agricultural Activities and Services
. For the purposes of
			 Subsection 222.02.f., the usual and
			 customary activities of cultivating the soil, producing crops and raising
			 livestock for use and consumption. Agricultural activities and services do not
			 include manufacturing, bulk storage, handling for resale or the formulation of
			 any agricultural chemical listed in Sections
			 585 or
			 586. (3-28-23)
02.
Baseline Actual Emissions
.
			 The rate of emissions, in tons per year, of a regulated air pollutant as
			 determined by the following provisions: (3-28-23)
a. For any existing electric utility steam
			 generating unit, baseline actual emissions means the average rate, in tons per
			 year, at which the unit actually emitted the regulated air pollutant during any
			 consecutive twenty-four (24) month period selected by the owner or operator
			 within the five (5) year period immediately preceding when the owner or
			 operator begins actual construction of the project. The Department will allow
			 the use of a different time period upon a determination that it is more
			 representative of normal source operation. The average rate must: (3-28-23)
i. Include fugitive emissions to the extent
			 quantifiable, and emissions associated with startups, shutdowns, and
			 malfunctions. (3-28-23)
ii. Be
			 adjusted downward to exclude any non-compliant emissions that occurred while
			 the source was operating above any emission limitation that was legally
			 enforceable during the consecutive twenty-four (24) month period.
			 (3-28-23)
iii. For a regulated air
			 pollutant, when a project involves multiple emissions units, use only one (1)
			 consecutive twenty-four (24) month period to determine the baseline actual
			 emissions for all the emissions units being changed. A different consecutive
			 twenty-four (24) month period can be used for each regulated air pollutant.
			 (3-28-23)
iv. Not be based on any
			 consecutive twenty-four (24) month period for which there is inadequate
			 information for determining annual emissions, in tons per year, and for
			 adjusting this amount if required by Subsection
			 007.02.a.ii.
			 (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 58.01.01.008 - DEFINITIONS FOR THE PURPOSES OF SECTIONS 300 THROUGH 386

Current through August 31, 2023
01.
Affected States
. All States:
			 (3-28-23)
a. Whose air quality may be affected
			 by the emissions of the Tier I source and that are contiguous to Idaho; or
			 (3-28-23)
b. That are within fifty
			 (50) miles of the Tier I 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 58.01.01.009 - DEFINITIONS FOR THE PURPOSES OF 40 CFR PARTS 60, 61, AND 63

Current through August 31, 2023
Notwithstanding the definitions listed in Sections
				006 through
				008, the definitions in
				40 CFR Parts
				60,
				61, and
				63 will have the meaning given in
				those Parts, except that the term "Administrator" means "Department."
				(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 58.01.01.107 - INCORPORATIONS BY REFERENCE

Current through August 31, 2023
01.
General
. Unless expressly provided otherwise, any reference in
			 these rules to any document identified in Subsection
			 107.03 constitutes the full
			 incorporation into these rules of that document for the purposes of the
			 reference, including any notes and appendices therein. The term "documents"
			 includes codes, standards or rules which have been adopted by an agency of the
			 state or of the United States or by any nationally recognized organization or
			 association. (3-28-23)
02.
Availability of Referenced Material
. Copies of the documents
			 incorporated by reference into these rules are available at the following
			 locations: (3-28-23)
a. All federal
			 publications: U.S. Government Printing Office at
http://www.ecfr.gov/cgi-bin/ECFR
;
			 and; (3-28-23)
b. Statutes of the
			 state of Idaho: http://legislature.idaho.gov/idstat/TOC/IDStatutesTOC.htm; and
			 (3-28-23)
c. All documents herein
			 incorporated by reference: (3-28-23)
i.
			 Department of Environmental Quality, 1410 N. Hilton, Boise, Idaho 83706-1255 at
www.deq.idaho.gov
.
			 (3-28-23)
ii. State Law Library,
			 451 W. State Street, P.O. Box 83720, Boise, Idaho 83720-0051 at
www.isll.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 58.01.01.108 - OBLIGATION TO COMPLY

Current through August 31, 2023
Receiving a permit to construct, a Tier I operating permit, a
				Tier II operating permit, a Permit by Rule, or a Certificate of Registration
				for portable equipment does not relieve any owner or operator of the
				responsibility to comply with all applicable local, state and federal statutes,
				rules and regulations. (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 58.01.01.121 - COMPLIANCE REQUIREMENTS BY DEPARTMENT

Current through August 31, 2023
Any person engaged in an activity that may violate the air
				quality provisions of the Act, violate an air quality order issued or entered
				in accordance with the Act or these rules, or violate any of these rules, may
				be required by the Department to do any of the following: (3-28-23)
01.
Schedule
. Prepare a proposed
			 schedule whereby the unlawful activity will be brought into compliance over a
			 specified period of time. (3-28-23)
02.
Report
. Submit periodic
			 reports to the Department indicating progress in achieving compliance.
			 (3-28-23)
03.
Records
.
			 Submit, keep and maintain appropriate records. (3-28-23)
04.
Monitoring
. Monitor air
			 pollutants at the source, in the ambient air, or in vegetation to demonstrate
			 compliance. (3-28-23)
05.
Episode Plans
. Develop emergency episode plans to help prevent
			 ambient air pollution concentrations from reaching levels which would cause
			 substantial endangerment to health or the environment. (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 58.01.01.122 - INFORMATION ORDERS BY THE DEPARTMENT

Current through August 31, 2023
The Department may issue information orders as follows:
				(3-28-23)
01.
Purpose
.
			 For the purpose of: (3-28-23)
a. Developing or
			 assisting in the development of any implementation plan, any standard of
			 performance, any emission standard or any rule; (3-28-23)
b. Determining whether any person is in
			 violation of any standard of performance, any emission standard, any
			 implementation plan or any rule; or (3-28-23)
c. Carrying out any air quality provisions of
			 the Act, any air quality order issued or entered in accordance with the Act or
			 rules, or any of these rules. (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 58.01.01.123 - CERTIFICATION OF DOCUMENTS

Current through August 31, 2023
All documents, including but not limited to, application forms
				for permits to construct, application forms for operating permits, progress
				reports, records, monitoring data, supporting information, requests for
				confidential treatment, testing reports or compliance certifications submitted
				to the Department must contain a certification by a responsible official. The
				certification must state that, based on information and belief formed after
				reasonable inquiry, the statements and information in the document are true,
				accurate, and complete. (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 58.01.01.125 - FALSE STATEMENTS

Current through August 31, 2023
Persons are prohibited from knowingly making any false
				statement, representation, or certification in any form, notice, or report
				required under any permit, or any applicable rule or order in force pursuant
				thereto. (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 58.01.01.126 - TAMPERING

Current through August 31, 2023
Persons are prohibited from knowingly interfering with any
				monitoring device or method required under any permit, or any applicable rule
				or order in force pursuant thereto. (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 58.01.01.128 - CONFIDENTIAL INFORMATION

Current through August 31, 2023
Information obtained by the Department under these rules is
				subject to public disclosure pursuant to the provisions of Chapter 1, Title 74,
				Idaho Code and Section
				39-111, Idaho Code. Information
				submitted under a trade secret claim may be entitled to confidential treatment
				by the Department as provided in Section
				74-114, Idaho Code, and IDAPA
				58.01.23, "Contested Case Rules and Rules for Protection and Disclosure of
				Records." If the information for which the person is requesting confidential
				treatment is submitted to the Department under Sections
				300 through
				386 or the terms or conditions of a
				Tier I operating permit, the person must also submit the same information
				directly to 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 58.01.01.130 - STARTUP, SHUTDOWN, SCHEDULED MAINTENANCE, SAFETY MEASURES, UPSET AND BREAKDOWN

Current through August 31, 2023
Sections
				130 through
				136 establish procedures to be
				implemented in all excess emissions events and establish criteria to be applied
				by the Department in determining whether to take enforcement action to impose
				penalties for an excess emissions event where the excess emissions are caused
				by startup, shutdown, scheduled maintenance, upset, or breakdown of any
				emissions unit or that occur as a direct result of the implementation of any
				safety measure. Startup is defined as the normal and customary time period
				required to bring air pollution control equipment or an emissions unit,
				including process equipment, from a nonoperational status into normal
				operation. Shutdown is defined as the normal and customary time period required
				to cease operations of air pollution control equipment or an emissions unit
				beginning with the initiation of procedures to terminate normal operation and
				continuing until the termination is completed. Upset is defined as an unplanned
				disruption in the normal operations of any equipment or emissions unit that may
				cause excess emissions. Breakdown is defined as an unplanned failure of any
				equipment or emissions unit that may cause excess emissions. Scheduled
				maintenance is defined as planned upkeep, repair activities and preventative
				maintenance on any air pollution control equipment or emissions unit, including
				process equipment, and including shutdown and startup of such equipment. Safety
				measure is defined as any shutdown (and related startup) or bypass of equipment
				or processes undertaken to prevent imminent injury or death or severe damage to
				equipment or property which may cause excess 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 58.01.01.131 - EXCESS EMISSIONS

Current through August 31, 2023
01.
Applicability
. The owner or operator of a facility or emissions
			 unit generating excess emissions must comply with Sections
			 131,
			 132,
			 133.01,
			 134.01,
			 134.02,
			 134.03,
			 135, and
			 136, as applicable. If the owner or
			 operator anticipates requesting consideration under Subsection
			 131.02, then the owner or
			 operator must also comply with the applicable provisions of Subsections
			 133.02,
			 133.03,
			 134.04, and
			 134.05. (3-28-23)
02.
Enforcement Action Criteria
.
			 Where an excess emissions event occurs as a direct result of startup, shutdown,
			 or scheduled maintenance, or an unavoidable upset or unavoidable breakdown, or
			 the implementation of a safety measure, the Department will consider the
			 sufficiency of the information submitted and the following criteria to
			 determine if an enforcement action to impose penalties is warranted: (3-28-23)
a. Whether prior to the excess emissions
			 event, the owner or operator submitted and implemented procedures pursuant to
			 Subsections 133.02 and
			 133.03 or Subsections
			 134.04 and
			 134.05, as applicable;
			 (3-28-23)
b. Whether the owner or
			 operator complied with all relevant portions of Subsections
			 131,
			 132,
			 133.01,
			 134.01,
			 134.02,
			 134.03,
			 135, and
			 136; (3-28-23)
c. Whether the excess emissions event was
			 part of a recurring pattern of excess emissions events indicative of inadequate
			 design, operation or maintenance of the facility or emissions unit; and
			 (3-28-23)
d. Where appropriate,
			 whether the excess emissions event was caused by an activity necessary to
			 prevent loss of life, personal injury or severe property damage.
			 (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 58.01.01.132 - CORRECTION OF CONDITION

Current through August 31, 2023
The person responsible for, or in charge of a facility during,
				an excess emissions event must, with all practicable speed, initiate and
				complete appropriate and reasonable action to correct the conditions causing
				such excess emissions event; to reduce the frequency of occurrence of such
				events; to minimize the amount by which the emission standard is exceeded; and
				must, as provided below or upon request of the Department, submit a full report
				of such occurrence, including a statement of all known causes, and of the
				scheduling and nature of the actions to be taken. (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 58.01.01.133 - STARTUP, SHUTDOWN AND SCHEDULED MAINTENANCE REQUIREMENTS

Current through August 31, 2023
The requirements in Subsection
				133.01 apply in all cases where
				startup, shutdown, or scheduled maintenance of any equipment or emissions unit
				is expected to result or results in an excess emissions event. The owner or
				operator of the facility or emissions unit generating the excess emissions must
				demonstrate compliance with all of the requirements of Subsection
				133.01, as well as the
				development and implementation of procedures pursuant to Subsections
				133.02 and
				133.03 as a prerequisite to any
				consideration under Subsection
				131.02. (3-28-23)
01.
General Provisions
. The
			 following pertains to all startup, shutdown, and scheduled maintenance
			 activities expected to result or resulting in excess emissions. The owner or
			 operator of a source of excess emissions must: (3-28-23)
a. Ensure that no scheduled startup,
			 shutdown, or maintenance resulting in excess emissions occurs during any period
			 in which an Air Quality Advisory has been declared by the Department within an
			 area designated by the Department as a PM10 nonattainment area, unless the
			 permittee demonstrates that such is reasonably necessary to facility operations
			 and cannot be reasonably avoided and the Department approves such activity in
			 advance, to the extent advance approval by the Department is feasible. This
			 prohibition on scheduled startup, shutdown or maintenance activities during
			 Advisories does not apply to situations where shutdown is necessitated by
			 urgent situations, such as imminent equipment failure, power curtailment,
			 worker safety concerns or similar situations. (3-28-23)
b. Notify the Department of any startup,
			 shutdown, or scheduled maintenance event that is expected to cause an excess
			 emissions event. Such notification must identify the time of the excess
			 emissions, specific location, equipment involved, and type of excess emissions
			 event (i.e. startup, shutdown, or scheduled maintenance). The notification must
			 be given as soon as reasonably possible, but no later than two (2) hours prior
			 to the start of the excess emissions event unless the owner or operator
			 demonstrates to the Department's satisfaction that a shorter advanced notice
			 was necessary. The Department may prohibit or postpone any scheduled startup,
			 shutdown, or maintenance activity upon consideration of the factors listed in
			 Subsection 134.03; (3-28-23)
c. Report and record the information required
			 pursuant to Sections 135 and
			 136 for each excess emissions event
			 due to startup, shutdown, or scheduled maintenance and (3-28-23)
d. Make the maximum reasonable effort,
			 including off-shift labor where practicable to accomplish maintenance during
			 periods of nonoperation of any related source operations or equipment.
			 (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 58.01.01.134 - UPSET, BREAKDOWN AND SAFETY REQUIREMENTS

Current through August 31, 2023
The requirements in Subsections
				134.01,
				134.02, and
				134.03 apply in all cases where
				upset or breakdown of equipment or an emissions unit, or the initiation of
				safety measures, result or may result in an excess emissions event. The owner
				or operator of the facility or emissions unit generating the excess emissions
				must demonstrate compliance with all of the requirements of Subsections
				134.01,
				134.02 and
				134.03 as well as the
				development and implementation of procedures pursuant to Subsections
				134.04 and
				134.05 as a prerequisite to any
				consideration under Subsection
				131.02. Where the owner or
				operator demonstrates that because of the unforeseeable nature of the excess
				emissions event it is impractical to develop procedures pursuant to Subsection
				134.04, the Department will
				exercise its enforcement discretion on a case-by-case basis. (3-28-23)
01.
Routine Maintenance and
			 Repairs
. For all equipment or emissions units from which excess
			 emissions may occur during upset conditions or breakdowns or implementation of
			 safety measures, the facility owner or operator must: (3-28-23)
a. Implement routine preventative maintenance
			 and operating procedures consistent with good pollution control practices for
			 minimizing upsets and breakdowns or events requiring implementation of safety
			 measures, and (3-28-23)
b. Make
			 routine repairs in an expeditious fashion when the owner or operator knew or
			 should have known that an excess emissions event was likely to occur. Off-shift
			 labor and overtime must be utilized, to the extent practicable, to ensure that
			 such repairs are made expeditiously. (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 58.01.01.135 - EXCESS EMISSIONS REPORTS

Current through August 31, 2023
01.
Submission Deadline
. A written report for each excess emissions
			 event must be submitted to the Department by the owner or operator no later
			 than fifteen (15) days after the beginning of each such event.
			 (3-28-23)
02.
Report
			 Contents
. Each report must contain the following information: (3-28-23)
a. The time period during which the excess
			 emissions occurred; (3-28-23)
b.
			 Identification of the specific equipment or emissions unit that caused the
			 excess emissions; (3-28-23)
c. An
			 explanation of the cause, or causes, of the excess emissions and whether the
			 excess emissions occurred as a result of startup, shutdown, scheduled
			 maintenance, upset, breakdown or a safety measure; (3-28-23)
d. An estimate of the emissions in excess of
			 any applicable emission standard (based on knowledge of the process and
			 facility where emissions data is unavailable); (3-28-23)
e. A description of the activities carried
			 out to eliminate the excess emissions; and (3-28-23)
f. Certify compliance status with the
			 requirements of Sections
			 131,
			 132,
			 133.01,
			 134.01 through
			 134.03,
			 135, and
			 136. (3-28-23)
g. If requesting consideration under
			 Subsection 131.02, certify compliance
			 status with Sections 131,
			 132,
			 133.01 through
			 133.03,
			 134.01 through
			 134.05,
			 135, and
			 136. (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 58.01.01.136 - EXCESS EMISSIONS RECORDS

Current through August 31, 2023
01.
Record
			 Retention
. The owner or operator must maintain excess emissions records
			 at the facility for the most recent five (5) calendar year period.
			 (3-28-23)
02.
Record
			 Availability
. The excess emissions records must be made available to the
			 Department upon request. (3-28-23)
03.
Record Contents
. The excess
			 emissions records must include the following: (3-28-23)
a. An excess emissions logbook for each
			 emissions unit or piece of equipment containing copies of all reports that have
			 been submitted to the Department pursuant to Section
			 135 for the particular emissions
			 unit or equipment; and (3-28-23)
b.
			 Copies of all startup, shutdown, and scheduled maintenance procedures and
			 upset/breakdown/ safety preventative maintenance plans which have been
			 developed by the owner or operator in accordance with Sections
			 133 and
			 134, and facility records as
			 necessary to demonstrate compliance with such procedures and plans.
			 (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 58.01.01.155 - CIRCUMVENTION

Current through August 31, 2023
No person may willfully cause or permit the installation or use
				of any device or use of any means that conceals emissions of pollutants that
				would otherwise violate the provisions of this chapter without resulting in a
				reduction in the total amount of 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 58.01.01.156 - TOTAL COMPLIANCE

Current through August 31, 2023
Where more than one (1) section of these rules applies to a
				particular situation, all such rules must be met for total compliance, unless
				otherwise provided for in these rules. (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 58.01.01.157 - TEST METHODS AND PROCEDURES

Current through August 31, 2023
This section establishes procedures and requirements for test
				methods and results unless otherwise specified in these rules, permit, order,
				consent decree, or prior written approval by the Department: (3-28-23)
01.
General Requirements
. If a
			 source test is performed to satisfy a performance test requirement or a
			 compliance test requirement imposed by state or federal regulation, rule,
			 permit, order or consent decree, then the test methods and procedures must be
			 conducted in accordance with the requirements of this section. (3-28-23)
a. Prior to conducting any emission test,
			 owners or operators are encouraged to submit to the Department in writing, at
			 least thirty (30) days in advance, the following for approval: (3-28-23)
i. The type of method to be used;
			 (3-28-23)
ii. Any extenuating or
			 unusual circumstances regarding the proposed test; and (3-28-23)
iii. The proposed schedule for conducting and
			 reporting the test. (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 58.01.01.161 - TOXIC AIR POLLUTANTS

Current through August 31, 2023
Any contaminant that is by its nature toxic to human or animal
				life or vegetation must not be emitted in such quantities or concentrations as
				to alone, or in combination with other contaminants, injure or unreasonably
				affect human or animal life or vegetation. (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 58.01.01.164 - POLYCHLORINATED BIPHENYLS (PCBS)

Current through August 31, 2023
01.
Prohibition on Burning
. Burning any material containing greater
			 than five (5) parts per million of polychlorinated biphenyls (PCBs) is
			 prohibited, except for incineration for the purpose of disposal. Incineration
			 for disposal must comply with the following provisions: (3-28-23)
a. No person may commence construction or
			 modification of a PCB incinerator without a permit issued according to Sections
			 200 through
			 225. (3-28-23)
b. The Department will provide opportunity
			 for public comments prior to a final decision for a permit to construct or
			 modify a new PCB incinerator. (3-28-23)
c. A permit issued according to Sections
			 200 through
			 225 for construction or
			 modification of a PCB incinerator will require, as a minimum, best available
			 control technology and monitoring instrumentation.
			 (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 58.01.01.175 - PROCEDURES AND REQUIREMENTS FOR PERMITS ESTABLISHING A FACILITY EMISSIONS CAP

Current through August 31, 2023
Sections
				176 through
				181 establish uniform procedures to
				obtain a Facility Emissions Cap (FEC) for stationary sources or facilities
				(hereinafter referred to as facility or facilities). A permit establishing a
				FEC will be issued pursuant to Sections
				200 through
				227 or Sections
				400 through
				409. (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 58.01.01.176 - FACILITY EMISSIONS CAP

Current through August 31, 2023
01.
Optional
			 Facility Emissions Cap
. An owner or operator of a facility may request a
			 FEC to establish an enforceable facility-wide emission limitation.
			 (3-28-23)
02.
Applicability
. (3-28-23)
a. The
			 owner or operator of any facility, which is not a major facility as defined in
			 Sections 204 or
			 205, may apply to the Department
			 for a permit to establish a FEC. (3-28-23)
b. FECs are available for new and existing
			 facilities that are not major as defined in Section
			 204 or
			 205 or existing facilities
			 undergoing a modification that does not make the facility a major facility as
			 defined in Section 204 or
			 205. (3-28-23)
c. Facilities that become major facilities as
			 defined in Section 204 or
			 205 are no longer eligible for a
			 FEC under Section 176.
			 (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 58.01.01.177 - APPLICATION PROCEDURES

Current through August 31, 2023
In addition to the information required pursuant to Sections
				202 or
				402, whichever is applicable,
				applications requesting a FEC must include the information required under
				Sections 176 through
				181 and Subsections
				177.01 through
				177.03. (3-28-23)
01.
Estimates of Emissions
. A
			 proposed FEC for each pollutant requested by the facility, including the basis
			 for calculating the FEC. (3-28-23)
02.
Estimates of Ambient
			 Concentrations
. (3-28-23)
a. Estimates
			 of ambient concentrations will be determined as described in Subsection
			 202.02. (3-28-23)
b. Estimates of ambient concentrations may
			 include projections of alternative future changes within the proposed FEC.
			 (3-28-23)
c. For a new, existing,
			 or modified facility, a demonstration that for each FEC pollutant, the FEC will
			 not cause or significantly contribute to a violation of any ambient air quality
			 standard. (3-28-23)
d. For renewal
			 of terms and conditions establishing a FEC, it is presumed that the previous
			 permitting analysis is satisfactory, unless the Department determines
			 otherwise. (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 58.01.01.178 - STANDARD CONTENTS OF PERMITS ESTABLISHING A FACILITY EMISSIONS CAP

Current through August 31, 2023
In addition to the elements required by Sections
				203 and
				211 or Sections
				403 and
				405, whichever is applicable, the
				Department has the authority to impose, implement and enforce the terms in
				Subsections 178.01 through
				178.05 and conditions
				establishing a FEC. (3-28-23)
01.
Emission Limitations and Standards
. All permits establishing use
			 of a FEC will contain annual facility wide emissions limitations for each FEC
			 pollutant. (3-28-23)
02.
Monitoring
. All permits establishing a FEC will contain sufficient
			 monitoring to ensure compliance with the FEC on a rolling twelve (12) month
			 consecutive basis. (3-28-23)
03.
Recordkeeping
. All permits establishing a FEC will include the
			 following: (3-28-23)
a. Sufficient
			 recordkeeping to assure compliance with the FEC. (3-28-23)
b. Retention of required monitoring records
			 and support information for a period of at least five (5) years from the date
			 of the monitoring sample, measurement, report or application. Supporting
			 information includes, but is not limited to, calibration and maintenance
			 records and original strip-chart recordings for continuous monitoring
			 instrumentation and copies of all reports required by the 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 58.01.01.179 - PROCEDURES FOR ISSUING PERMITS ESTABLISHING A FACILITY EMISSIONS CAP

Current through August 31, 2023
01.
General Procedures
.
			 Procedures for issuing permits establishing a FEC will follow Sections
			 209 or
			 404, whichever is applicable.
			 (3-28-23)
02.
Renewal
.
			 The renewal of the terms and conditions establishing a FEC are subject to the
			 same procedural requirements for issuing permits (Subsection
			 179.01) and Subsections
			 179.02.a. through 179.02.d.:
			 (3-28-23)
a. The permittee must submit a
			 complete application to the Department for a renewal of the terms and
			 conditions establishing the FEC at least six (6) months before, but no earlier
			 than eighteen (18) months before, the expiration date of the existing permit.
			 To ensure that the term of the permit does not expire before the terms and
			 conditions are renewed, the permittee is encouraged to submit the application
			 nine (9) months prior to expiration. (3-28-23)
b. If a timely and complete application for a
			 renewal of the terms and conditions establishing the FEC is submitted, but the
			 Department fails to issue or deny the renewal permit before the end of the term
			 of the previous permit, then all the terms and conditions of the previous
			 permit remain in effect until the renewal permit has been issued or denied.
			 (3-28-23)
c. Expiration of the
			 terms and conditions establishing a FEC may be grounds to terminate the
			 facility's right to operate pursuant to Sections
			 176 through
			 181, unless a timely and complete
			 renewal application has been submitted. (3-28-23)
d. On renewal, the Department may adjust a
			 FEC with an unused growth component in accordance with the Idaho Environmental
			 Protection and Health Act, Chapter 1, Title 39, Idaho Code, and these rules.
			 (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 58.01.01.180 - REVISIONS TO PERMITS ESTABLISHING A FACILITY EMISSIONS CAP

Current through August 31, 2023
Section
				180 requires revisions to terms and
				conditions establishing a FEC. The permittee is exempt from Sections
				200 through
				227 unless the permittee chooses to
				use those rules to process any change to the permit, except as provided in
				Subsection 180.02. (3-28-23)
01.
Criteria
. A permit revision
			 is required for the following: (3-28-23)
a. A
			 change to existing monitoring, reporting or recordkeeping requirements in the
			 permit establishing the FEC; (3-28-23)
b. A change to the FEC; or
			 (3-28-23)
c. A change to the
			 facility that would impose new requirements not included in the permit
			 establishing the FEC. (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 58.01.01.181 - NOTICE AND RECORD-KEEPING OF ESTIMATES OF AMBIENT CONCENTRATIONS

Current through August 31, 2023
Section
				181 authorizes facility changes
				that comply with the terms and conditions establishing the FEC, but that are
				not included in the estimate of ambient concentration analysis approved for the
				permit establishing the FEC. No permit revision is required for facility
				changes implemented in accordance with Section
				181. (3-28-23)
01.
Notice
. For facility changes
			 that comply with the terms and conditions establishing the FEC but are not
			 included in the estimate of ambient concentration analysis approved for the
			 permit establishing the FEC, the permittee must review the estimate of ambient
			 concentration analysis. (3-28-23)
a. In the
			 event that the facility change would result in a significant contribution above
			 the design concentration determined by the estimate of ambient concentration
			 analysis approved for the permit establishing the FEC but does not cause or
			 significantly contribute to a violation to any ambient air quality standard,
			 the permittee must provide notice to the Department in accordance with
			 Subsection 181.01.b. (3-28-23)
b. Notice procedures. The permittee may make
			 a facility change under Section
			 181 if the permittee provides
			 written notification to the Department so that the notification is received at
			 least seven (7) days in advance of the proposed change or, in the event of an
			 emergency, the permittee provides the notification so that it is received at
			 least twenty-four (24) hours in advance of the proposed change. For each such
			 change, the written notification must: (3-28-23)
i. Describe the proposed change;
			 (3-28-23)
ii. Describe and quantify
			 expected emissions; and (3-28-23)
iii. Provide the estimated ambient
			 concentration analysis. (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 58.01.01.200 - PROCEDURES AND REQUIREMENTS FOR PERMITS TO CONSTRUCT

Current through August 31, 2023
Sections
				200 through
				227 establish uniform procedures
				and requirements for the issuance of "Permits to Construct." As used throughout
				Sections 200 through
				227 and
				578 through
				581, major facility is defined as
				major stationary source in 40 CFR 52.21(b)
				and 40 CFR
				51.165, incorporated by reference in Section
				107, and major modification is
				defined as in 40 CFR
				52.21(b) and
				40 CFR
				51.165, incorporated by reference in Section
				107. These CFR sections have been
				codified in the electronic CFR which is available at
https://www.ecfr.gov/current/title-40
.
				(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 58.01.01.201 - PERMIT TO CONSTRUCT REQUIRED

Current through August 31, 2023
No owner or operator may commence construction or modification
				of any stationary source, facility, major facility, or major modification
				without first obtaining a permit to construct from the Department that
				satisfies the requirements of Sections
				200 through
				227 unless the source is exempted
				in any of Sections 220 through
				223, or the owner or operator
				complies with Section
				213 and obtains the required permit
				to construct, or the owner or operator complies with Sections
				175 through
				181, or the source operates in
				accordance with all of the applicable provisions of a permit by rule.
				(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 58.01.01.202 - APPLICATION PROCEDURES

Current through August 31, 2023
Application for a permit to construct 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 in accordance with
				Section 123 and be
				accompanied by all information necessary to perform any analysis or make any
				determination required under Sections
				200 through
				227. (3-28-23)
01.
Required Information
.
			 Depending upon the proposed size and location of the new or modified stationary
			 source or facility, the application for a permit to construct must include all
			 the information required by one or more of the following provisions: (3-28-23)
a. For any new or modified stationary source
			 or facility: (3-28-23)
i. Site information,
			 plans, descriptions, 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)
ii. A schedule for construction of the
			 stationary source, facility, or modification. (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 58.01.01.203 - PERMIT REQUIREMENTS FOR NEW AND MODIFIED STATIONARY SOURCES

Current through August 31, 2023
No permit to construct will be granted for a new or modified
				stationary source unless the applicant shows to the satisfaction of the
				Department all of the following: (3-28-23)
01.
Emission Standards
. The
			 stationary source or modification would comply with all applicable local, state
			 or federal emission standards. (3-28-23)
02.
NAAQS
. The stationary source
			 or modification would not cause or significantly contribute to a violation of
			 any ambient air quality standard. (3-28-23)
03.
Toxic Air Pollutants
. Using
			 the methods provided in Section
			 210, the emissions of toxic air
			 pollutants from the stationary source or modification would not injure or
			 unreasonably affect human or animal life or vegetation as required by Section
			 161. Compliance with all applicable
			 toxic air pollutant carcinogenic increments and toxic air pollutant
			 non-carcinogenic increments demonstrates preconstruction compliance with
			 Section 161 with
			 regards to the pollutants 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 58.01.01.204 - PERMIT REQUIREMENTS FOR NEW MAJOR FACILITIES OR MAJOR MODIFICATIONS IN NONATTAINMENT AREAS

Current through August 31, 2023
New major facilities or major modifications proposed for
				location in a nonattainment area and which would be major for the nonattainment
				regulated air pollutant are considered nonattainment new source review (NSR)
				actions and are subject to the requirements in Section
				204. Section
				202 contains application
				requirements and Section
				209 contains processing
				requirements for nonattainment NSR permitting actions. The intent of Section
				204 is to incorporate the federal
				nonattainment NSR rule requirements. (3-28-23)
01.
Incorporated Federal Program
			 Requirements
. Requirements contained in the following subparts of
			 40 CFR
			 51.165 are incorporated by reference in
			 Section 107.
			 Requirements contained in the following subparts of
			 40 CFR
			 52.21, are incorporated by reference in
			 Section 107. These
			 CFR sections have been codified in the electronic CFR at
https://www.ecfr.gov/current/title-40
.
40 CFR
							 Reference
40 CFR Reference
							 Title
40
							 CFR
							 51.165(a)(1)
Definitions
40
							 CFR 51.165(a)(2)(ii) -
							 51.165(a)(3)
Applicability Provisions
40
							 CFR 51.165(a)(6)(i) -
							 (v)
Applicability Provisions
40
							 CFR
							 52.21(aa)
Actual PALs
(3-28-23)
02.
Additional Requirements
. The
			 applicant must demonstrate to the satisfaction of the Department the following:
			 (3-28-23)
a.
LAER
. Except as
			 otherwise provided in Section
			 204, the new major facility or
			 major modification would be operated at the lowest achievable emission rate
			 (LAER) for the nonattainment regulated air pollutant, specifically: (3-28-23)
i. A new major facility would meet the lowest
			 achievable emission rate at each new emissions unit that emits the
			 nonattainment regulated air pollutant; and (3-28-23)
ii. A major modification would meet the
			 lowest achievable emission rate at each new or modified emissions unit that has
			 a net emissions increase of the nonattainment regulated air pollutant.
			 (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 58.01.01.206 - OPTIONAL OFFSETS FOR PERMITS TO CONSTRUCT

Current through August 31, 2023
The owner or operator of any proposed new or modified
				stationary source, new major facility, or major modification, that cannot meet
				the requirements of Subsections
				202.01.c.vi., 203.02,
				203.03, 204.02.d., 205.01 ( 40 CFR 52.21(k)
				), and 209.02.b.vi., may propose the use of an emission offset to meet those
				requirements and thereby obtain a permit to construct. Any proposed emission
				offset must satisfy the requirements for emission reduction credits, Section
				460, and demonstrate, through
				appropriate dispersion modeling, that the offset will reduce ambient
				concentrations sufficiently to meet the requirements at all modeled receptors
				that could not otherwise have met the 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 58.01.01.207 - REQUIREMENTS FOR EMISSION REDUCTION CREDIT

Current through August 31, 2023
In order to be credited in a permit to construct, any emission
				reduction credit must satisfy the requirements of Section
				460. (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 58.01.01.208 - DEMONSTRATION OF NET AIR QUALITY BENEFIT

Current through August 31, 2023
The demonstration of net air quality benefit must:
				(3-28-23)
01.
VOCs
. For
			 trades involving volatile organic compounds, show that total emissions are
			 reduced for the air basin in which the stationary source or facility is
			 located; (3-28-23)
02.
Other
			 Regulated Air Pollutants
. For trades involving any other regulated air
			 pollutant, show through appropriate dispersion modeling that the trade will not
			 cause an increase in ambient concentrations at any modeled receptor;
			 (3-28-23)
03.
Mobile
			 Sources
. For trades involving mobile sources, show a reduction in the
			 ambient impact of emissions upon air quality by obtaining sufficient emission
			 reductions to, at a minimum, compensate for adverse ambient impact where the
			 major facility or major modification would otherwise cause or significantly
			 contribute to a violation of any national 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 58.01.01.210 - DEMONSTRATION OF PRECONSTRUCTION COMPLIANCE WITH TOXIC STANDARDS

Current through August 31, 2023
In accordance with Subsection
				203.03, the applicant must
				demonstrate preconstruction compliance with Section
				161 to the satisfaction of the
				Department. The accuracy, completeness, execution and results of the
				demonstration are all subject to review and approval by the Department. For
				purposes of this section, Toxic Air Pollutant Reasonably Available Control
				Technology (T-RACT) is an emission standard based on the lowest emission of
				toxic air pollutants that a particular source is capable of meeting by the
				application of control technology that is reasonably available, as determined
				by the Department, considering technological and economic feasibility. If
				control technology is not feasible, the emission standard may be based on the
				application of a design, equipment, work practice or operational requirement,
				or combination thereof. (3-28-23)
01.
Identification of Toxic Air Pollutants
. The applicant may use
			 process knowledge, raw materials inputs, EPA and Department references and
			 commonly available references approved by EPA or the Department to identify the
			 toxic air pollutants emitted by the stationary source or modification.
			 (3-28-23)
02.
Quantification
			 of Emission Rates
. (3-28-23)
a. The
			 applicant may use standard scientific and engineering principles and practices
			 to estimate the emission rate of any toxic air pollutant at the point(s) of
			 emission. (3-28-23)
i. Screening engineering
			 analyses use unrefined conservative data. (3-28-23)
ii. Refined engineering analyses utilize
			 refined and less conservative data including, but not limited to, emission
			 factors requiring detailed input and actual emissions testing at a comparable
			 emissions unit using EPA or Department approved methods.
			 (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 58.01.01.211 - CONDITIONS FOR PERMITS TO CONSTRUCT

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)