Idaho Admin. Code r. 58.01.01.209

Current through September 2, 2024

Section 58.01.01.209 - PROCEDURE FOR ISSUING PERMITS

01.General Procedures. General procedures for permits to construct.

a. Within thirty (30) days after receipt of the application for a permit to construct, the Department will determine whether the application is complete or whether more information is needed and will notify the applicant of its findings in writing.

b. Within sixty (60) days after the application is determined to be complete the Department will:

i. Upon written request of the applicant, provide a draft permit for applicant review. Agency action on the permit under this Section may be delayed if deemed necessary to respond to applicant comments.

ii. Notify the applicant in writing of the approval, or denial of the application if an opportunity for public comment is not required pursuant to Subsection 209.01.c. The Department will describe reasons for any denial; or

c. An opportunity for public comment will be provided on all applications requiring a permit to construct. Public comment will be provided on an application for any new major facility or major modification, any new facility or modification that would affect any Class I area, any application that uses an interpollutant trade pursuant to Subsection 210.17, any application that the Department determines an opportunity for public comment is needed, and any application upon which the applicant or public so requests.

i. The Department's proposed action, together with the information submitted by the applicant and the Department's analysis of the information, will be made available to the public in at least one (1) location in the region in which the stationary source or facility is to be located.

ii. The availability of such materials will be made known by notice published in a newspaper of general circulation in the county(ies) in which the stationary source or facility is to be located.

iii. A copy of such notice will be sent to the applicant and to appropriate federal, state and local agencies.

iv. There will be a thirty (30) day period after initial publication for comment on the Department's proposed action, such comment to be made in writing to the Department.

v. After consideration of comments and any additional information submitted during the comment period, and within forty-five (45) days after initial publication of the notice or notice of public hearing if one is requested under Subsections 209.02.b.iv. or 209.02.a.ii., unless the Department deems that additional time is required to evaluate comments and information received, the Department will notify the applicant in writing of approval, or denial of the permit. The Department will describe the reasons for any denial.

vi. All comments and additional information received during the comment period, together with the Department's final determination, will be made available to the public at the same location as the preliminary determination.

d. A copy of each permit will be sent to EPA.

02.Additional Procedures for Specified Sources.

a. For any new major facility or major modification in an attainment or unclassifiable area for any regulated air pollutant.

i. The public notice issued pursuant to Subsection 209.01.c.ii. will indicate the degree of increment consumption that is expected from the new major facility or major modification; and

ii. The public notice issued pursuant to Subsection 209.01.c.ii. will indicate the opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality effects of the new major facility or major modification, alternatives to it, the control technology required, and other appropriate considerations. All requests for public hearings during a comment period with an opportunity for a hearing must be requested in writing by interested persons within fourteen (14) days of the publication of the legal notice of the proposed permit to construct or within fourteen (14) days prior to the end of the comment period, whichever is later.

b. For any new major facility or major modification that would affect a federal Class I area or an integral vista of a mandatory federal Class I area.

i. If the Department is notified of the intent to apply for a permit to construct, it will notify the appropriate Federal Land Manager within thirty (30) days;

ii. A copy of the permit application and all relevant information, including an analysis of the anticipated effects on visibility in any federal Class I area, will be sent to the Administrator of the U.S. Environmental Protection Agency and the Federal Land Manager within thirty (30) days of receipt of a complete application and at least sixty (60) days prior to any public hearing on the application;

iii. Notice of every action related to the consideration of the permit will be sent to the EPA Administrator

iv. The public notice issued pursuant to Subsection 209.01.c.ii. will indicate the opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality effect of the new major facility or major modification, alternatives to it, the control technology required, and other appropriate considerations. All requests for public hearings during a comment period with an opportunity for a hearing must be requested in writing by interested persons within fourteen (14) days of the publication of the legal notice of the proposed permit to construct or within fourteen (14) days prior to the end of the comment period, whichever is later.

v. The notice of public hearing, if required, will explain any differences between the Department's preliminary determination and any visibility analysis performed by the Federal Land Manager and provided to the Department within thirty (30) days of the notification pursuant to Subsection 209.02.b.ii.

vi. Upon a sufficient showing by the Federal Land Manager that a proposed new major facility or major modification will have an adverse impact upon the air quality related values (including visibility) of any federal mandatory Class I area, the Department may deny the application notwithstanding the fact that the concentrations of regulated air pollutants would not exceed the maximum allowable increases for a Class I area.

03.Revisions of Permits to Construct. The Director may approve a revision of any permit to construct provided the stationary source or facility continues to meet all applicable requirements of Sections 200 through 227. Revised permits will be issued pursuant to procedures for issuing permits (Section 209), except that the requirements of Subsections 209.01.c., 209.02.a., and 209.02.b., only apply if the permit revision results in an increase in emissions authorized by the permit or if deemed appropriate by the Department.

04.Permit to Construct Procedures for Tier I Sources. For Tier I sources that require a permit to construct, the owner or operator must either:

a. Submit only the information required by Sections 200 through 214 for a permit to construct, in which case:

i. A permit to construct or denial will be issued in accordance with Subsections 209.01.a. and 209.01.b.

ii. The owner or operator may construct the source after permit to construct issuance or in accordance with Subsection 213.02.c.

iii. The owner or operator may operate the source after permit to construct issuance so long as it does not violate any terms or conditions of the existing Tier I operating permit and complies with Subsection 380.02.

iv. Unless a different time is specified by these rules, the applicable requirements contained in a permit to construct will be incorporated into the Tier I operating permit during renewal (Section 369). Where an existing Tier I permit would prohibit such construction or change in operation, the source must obtain a permit revision before commencing operation. Tier I sources required to meet the requirements under Section 112(g) of the Clean Air Act (Section 214), or to have a permit under the preconstruction review program approved into the applicable implementation plan under Part C (Section 205) or Part D (Section 204) of Title I of the Clean Air Act, must file a complete application to obtain a Tier I permit revision within twelve (12) months after commencing operation.

v. The application or minor or significant permit modification request will be processed in accordance with timelines: Section 361.

vi. The final Tier I operating permit action will incorporate the relevant terms and conditions from the permit to construct; or

b. Submit all information required by Sections 200 through 214 for a permit to construct and Sections 300 through 386 for a Tier I operating permit, or Tier I operating permit modification, in which case:

i. Completeness of the application will be determined within thirty (30) days.

ii. The Department will prepare a proposed permit to construct or denial in accordance with Sections 200 through 214 and a draft Tier I operating permit or Tier I operating permit modification in accordance with Sections 300 through 386 within sixty (60) days.

iii. The Department will provide for public comment and affected state review in accordance with Sections 209, 364 and 365 on the proposed permit to construct or denial and draft Tier I operating permit or Tier I operating permit modification.

iv. Except as otherwise provided by these rules, the Department will prepare and issue to the owner or operator a final permit to construct or denial within fifteen (15) days of the close of the public comment period. The owner or operator may construct the source after permit to construct issuance or in accordance with Subsection 213.02.c.

v. The final permit to construct will be sent to EPA, along with the proposed Tier I operating permit or modification. The proposed Tier I operating permit or modification will be sent for review in accordance with Section 366.

vi. The Tier I operating permit, or Tier I operating permit modification, will be issued in accordance with Section 367. The owner or operator may operate the source after permit to construct issuance so long as it does not violate any terms or conditions of the existing Tier I operating permit and complies with Subsection 380.02; or

c. Submit all information required by Sections 200 through 219 for a permit to construct and Sections 300 through 381 for a Tier I operating permit, or Tier I operating permit modification, in which case:

i. Completeness of the application will be determined within thirty (30) days.

ii. The Department will prepare a draft permit to construct or denial in accordance with Sections 200 through 219 and that also meets the requirements of Sections 300 through 381 within sixty (60) days.

iii. The Department will provide for public comment and affected state review in accordance with Sections 209, 364, and 365 on the draft permit to construct or denial.

iv. The Department will prepare and send a proposed permit to construct or denial to EPA for review in accordance with Section 366. EPA review of the proposed permit to construct or denial in accordance with Section 366 can occur concurrently with public comment and affected state review of the draft permit, as provided in Subsection 209.4.c.iii. above, except that if the draft permit or denial is revised in response to public comment or affected state review, the Department must send the revised proposed permit to construct or denial to EPA for review in accordance with Section 366.

v. Except as otherwise provided by these rules, the Department will prepare and issue to the owner or operator a final permit to construct or denial in accordance with Section 367. The owner or operator may construct the source after permit to construct issuance or in accordance with Subsection 213.02.c.

vi. The permittee may, at any time after issuance, request that the permit to construct requirements be incorporated into the Tier I operating permit through an administrative amendment in accordance with Section 381. The owner or operator may operate the source or modification upon submittal of the request for an administrative amendment.

05.Transfer of Permits to Construct.

a. Transfers by Revision. A permit to construct may be transferred to a new owner or operator in accordance with Subsection 209.03.

b. Automatic Transfers. Any permit to construct, with or without transfer prohibition language, may be automatically transferred if:

i. The current permittee notifies the Department at least thirty (30) days in advance of the proposed transfer date;

ii. The notice provides written documentation signed by the current and proposed permittees containing a date for transfer of permit responsibility, designation of the proposed permittee's responsible official, and certification that the proposed permittee has reviewed and intends to operate in accordance with the permit terms and conditions; and

iii. The Department does not notify the current permittee and the proposed permittee within thirty (30) days of receipt of the notice of the Department's determination that the permit must be revised pursuant to Subsection 209.04. If the Department does not issue such notice, the transfer is effective on the date provided in the notice described in Subsection 209.05.b.ii.

Idaho Admin. Code r. 58.01.01.209

Effective March 28, 2023