Section 58.01.01.214 - DEMONSTRATION OF PRECONSTRUCTION COMPLIANCE FOR NEW AND RECONSTRUCTED MAJOR SOURCES OF HAZARDOUS AIR POLLUTANTS01.Compliance with Federal MACT. All owners or operators of major sources of hazardous air pollutants that are subject to an applicable Maximum Available Control Technology (MACT) standard promulgated by EPA pursuant to Section 112 of the Clean Air Act and 40 CFR Part 63 must comply with the applicable MACT standard and such owners or operators are not subject to Subsections 214.02 and 214.03.02.Requirement to Obtain Preconstruction MACT Determination from the Department. No owner or operator may construct or reconstruct a major source of hazardous air pollutants unless such owner or operator has obtained a MACT standard determination from the Department. The Department will make the MACT standard determination on a case-by-case basis and in accordance with Section 112(g)(2)(B) of the Clean Air Act and 40 CFR 63.40 through 63.44 as incorporated by reference in Section 107.03.Development of MACT by the Department After EPA Deadline. In the event that EPA fails to promulgate a MACT standard for a category or subcategory of major sources of hazardous air pollutants identified by the EPA under the Clean Air Act by the date established under Section 112(e) of the Clean Air Act, the owner or operator of any major source of hazardous air pollutants in such category or subcategory must submit an application to the Department for a MACT standard determination. The Department will make the MACT standard determination on a case-by-case basis and in accordance with Section 112(j) of the Clean Air Act and 40 CFR 63.50 through 63.56 as incorporated by reference in Section 107.Idaho Admin. Code r. 58.01.01.214