No owner or operator may commence construction or modification of a stationary source or facility that results in an increase in annual potential emissions of mercury of twenty-five (25) pounds or more unless the owner or operator has obtained a permit to construct under Sections 200 through 227. The permit to construct application must include an MBACT analysis for the new or modified source or sources for review and approval by the Department. A determination of applicability under Section 215 will be based upon the best available information. Fugitive emissions are not included in a determination of applicability under Section 215.
Idaho Admin. Code r. 58.01.01.215