Section 58.01.01.223 - EXEMPTION CRITERIA AND REPORTING REQUIREMENTS FOR TOXIC AIR POLLUTANT EMISSIONSNo permit to construct for toxic air pollutants is required for a source that satisfies any of the exemption criteria below, the recordkeeping criteria in Subsection 220.02, and reporting criteria in Subsection 223.04:
01.Below Regulatory Concern (BRC) Exemption. The source qualifies for a BRC exemption if the uncontrolled emission rate (refer to Section 210) for all toxic air pollutants emitted by the source is less than or equal to ten percent (10%) of all applicable screening emission levels listed in Sections 585 and 586.02.Level I Exemption. To obtain a Level I exemption, the source must satisfy the following criteria: a. The uncontrolled emission rate (refer to Section 210) for all toxic air pollutants must be less than or equal to all applicable screening emission levels listed in Sections 585 and 586; orb. The uncontrolled ambient concentration (refer to Section 210) for all toxic air pollutants at the point of compliance must be less than or equal to all applicable acceptable ambient concentrations listed in Sections 585 and 586.03.Level II Exemption. To obtain a Level II exemption, the maximum capacity of a source to emit a toxic air pollutant under its physical and operational design considering limitations on emissions such as air pollution control equipment, restrictions on hours of operation and restrictions on the type and amount of material combusted, stored or processed at the point of compliance is less than or equal to ten percent (10%) of all applicable screening emission levels listed in Sections 585 and 586.04.Toxic Air Pollutant Exemption Report. The owner or operator of a source claiming a Level I or II exemption must submit a certified report, on or before May 1 for the previous calendar year, to the Department for each Level I or II exemption determination. The owner or operator is not required to annually submit a certified report for a Level I or II exemption determination previously claimed and reported. The report must state the date construction has or will commence and must include copies of all exemption determinations completed by the owner or operator for each Level I and II exemption.Idaho Admin. Code r. 58.01.01.223