Idaho Admin. Code r. 58.01.01.222

Current through September 2, 2024

Section 58.01.01.222 - CATEGORY II EXEMPTION

No permit to construct is required for the following sources.

01.Exempt Source. A source that satisfies the criteria set forth in Section 220 and is specified below:

a. Laboratory equipment used exclusively for chemical and physical analyses, research or education, including, but not limited to, ventilating and exhaust systems for laboratory hoods. To qualify for this exemption, the source must:

i. Comply with Section 223.

ii. Not be required to obtain approval to construct in accordance with the applicable radionuclides standard in 40 CFR Part 61, Subpart H.

b. Environmental characterization activities including emplacement and operation of field instruments, drilling of sampling and monitoring wells, sampling activities, and environmental characterization activities.

c. Stationary internal combustion engines of less than or equal to six hundred (600) horsepower and that are fueled by natural gas, propane gas, liquefied petroleum gas, distillate fuel oils, residual fuel oils, and diesel fuel; waste oil, gasoline, or refined gasoline may not be used. To qualify for this exemption, the source must be operated in accordance with the following:

i. One hundred (100) horsepower or less -- unlimited hours of operation.

ii. One hundred one (101) to two hundred (200) horsepower -- less than four hundred fifty (450) hours per month.

iii. Two hundred one (201) to four hundred (400) horsepower -- less than two hundred twenty-five (225) hours per month.

iv. Four hundred one (401) to six hundred (600) horsepower -- less than one hundred fifty (150) hours per month.

d. Stationary internal combustion engines used exclusively for emergency purposes that are operated less than five hundred (500) hours per year and are fueled by natural gas, propane gas, liquefied petroleum gas, distillate fuel oils, residual fuel oils, and diesel fuel; waste oil, gasoline, or refined gasoline may not be used.

e. A pilot plant is defined as a stationary source located at least one quarter (1/4) mile from any sensitive receptor; functions to test processing, mechanical, or pollution control equipment's full-scale feasibility; and does not produce products for sale except in developmental quantities. It uses a slip stream of no more than ten percent (10%) from an existing process stream and satisfies the following:

i. The source must comply with Section 223. For carcinogen emissions, the owner or operator may utilize a short-term adjustment factor of ten (10) by multiplying either the acceptable ambient concentration or the screening emissions level, but not both, by ten (10);

ii. The source is not required to obtain approval to construct in accordance with the applicable radionuclides standard in 40 CFR Part 61, Subpart H; and

iii. The exemption for a pilot plant terminates one (1) year after the commencement of operations and may not be renewed.

02.Other Exempt Sources. A source that satisfies the criteria set forth in Section 220 and that is specified below:

a. Air conditioning or ventilating equipment not designed to remove air pollutants generated by or released from equipment.

b. Air pollutant detectors or recorders, combustion controllers, or combustion shutoffs.

c. Fuel burning equipment for indirect heating and for heating and reheating furnaces using natural gas, propane gas, liquefied petroleum gas, or biogas (gas produced by the anaerobic decomposition of organic material through a controlled process) with hydrogen sulfide concentrations less than two hundred (200) ppmv exclusively with a capacity of less than fifty (50) million btu's per hour input.

d. Other fuel burning equipment for indirect heating with a capacity of less than one million (1,000,000) btu's per hour input.

e. Mobile internal combustion engines, marine installations and locomotives.

f. Agricultural activities and services.

g. Retail gasoline, natural gas, propane gas, liquefied petroleum gas, distillate fuel oils and diesel fuel sales.

h. Used Oil Fired Space Heaters which comply with all the following criteria:

i. The used oil-fired space heater burns only used oil that the owner or operator generates on site, that is derived from households, such as used oil generated by individuals maintaining their personal vehicles, or on-specification used oil that is derived from commercial generators provided that the generator, transporter and owner or operator burning the oil for energy recovery comply fully with IDAPA 58.01.05.015, "Rules and Standards for Hazardous Waste";

(1) For the purposes of Subsection 222.02.h., "used oil" refers to any oil that has been refined from crude oil or any synthetic oil that has been used and, as a result of such use, is contaminated by physical or chemical impurities.

(2) For the purposes of Subsection 222.02.h., "used oil fired space heater" refers to any furnace or apparatus and all appurtenances thereto, designed, constructed and used for combusting used oil for energy recovery to directly heat an enclosed space.

ii. Any used oil burned is not contaminated by added toxic substances such as solvents, antifreeze or other household and industrial chemicals;

iii. The used oil-fired space heater is designed to have a maximum capacity of not more than one half (0.5) million BTU per hour;

iv. The combustion gases from the used oil-fired space heater are vented to the ambient air through a stack equivalent to the type and design specified by the manufacturer of the heater and installed to minimize down wash and maximize dispersion; and

v. The used oil-fired space heater is of modern commercial design and manufacture, except that a homemade used oil-fired space heater may be used if, prior to the operation of the homemade unit, the owner or operator submits documentation to the Department demonstrating, to the satisfaction of the Department, that emissions from the homemade unit are no greater than those from modern commercially available units.

i. Multiple chamber crematory retorts used to cremate human or animal remains using natural gas exclusively with a maximum average charge capacity of two hundred (200) pounds of remains per hour and a minimum secondary combustion chamber temperature of one thousand five hundred (1500) degrees Fahrenheit while operating.

j. Petroleum environmental remediation source by vapor extraction with an operation life not to exceed five (5) years (except for landfills). The short-term adjustment factor in Subsection 210.15 cannot be used if the remediation is within five hundred (500) feet of a sensitive receptor. Forms are available at the DEQ website at http://www.deq.idaho.gov, to help assist sources in this exemption determination.

k. Dry cleaning facilities that are not major under, but subject to, 40 CFR Part 63, Subpart M.

Idaho Admin. Code r. 58.01.01.222

Effective March 28, 2023