Idaho Admin. Code r. 58.01.01.322

Current through September 2, 2024

Section 58.01.01.322 - STANDARD CONTENTS OF TIER I OPERATING PERMITS

All Tier I operating permits must contain and the Department has the authority to impose, implement and enforce, the following elements for all permitted operating scenarios and emissions trading scenarios. Fugitive emissions must be included in the Tier I operating permit in the same manner as stack emissions. All Tier 1 operating permits must:

01.Emission Limitations and Standards. Contain emission limitations and standards, including, but not limited to, those operational requirements and limitations that assure compliance with the applicable requirements identified in the application, or determined by the Department to be applicable to the source;

02.Authority for and Form of Terms and Conditions. Specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based;

03.Terms or Conditions for Applicable Requirements. Contain at least one (1) permit term or condition for every applicable requirement specifically identified in the application or determined by the Department to be applicable to the source;

04.Alternative Operating Scenarios. Contain terms and conditions to ensure compliance with all applicable requirements for each alternative operating scenario that was requested by the applicant and approved by the Department, including, but not limited to, a requirement that the owner or operator of the source, contemporaneously with making a change from one (1) operating scenario to another, record the change in an operating scenario log located and retained at the permitted facility;

05.Trading Scenarios.

a. Contain terms and conditions for each trading scenario that was requested by the applicant and approved by the Department including, but not limited to, terms and conditions that ensure that any emission trade is quantifiable, accountable, enforceable and based on replicable procedures.

b. State that no permit revision is required under approved economic incentives, marketable permits, emissions trading, and other similar programs or processes for changes that are provided for in the permit; and

c. At a minimum, include a requirement that the owner or operator of the source, contemporaneously with making a change from one (1) trading scenario to another, record the change in a trading scenario log located and retained at the permitted facility and provide notice to the Department in accordance with Section 383;

06.Monitoring. Contain the following with respect to monitoring:

a. Sufficient monitoring to ensure compliance with all of the terms and conditions of the Tier I operating permit;

b. All emissions monitoring and analysis procedures or test methods required under the applicable requirements;

c. If the applicable requirement does not require specific periodic testing or monitoring, terms and conditions requiring periodic monitoring, recordkeeping, or both, that is sufficient to yield reliable data for the relevant time periods that are representative of the emissions unit's compliance with the Tier I operating permit, as reported pursuant to Subsection 322.08, and ensuring the use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement; and

d. Requirements that the Department determines are necessary, concerning the use, maintenance and installation of monitoring equipment or methods;

07.Recordkeeping. Incorporate by reference all applicable recordkeeping requirements and require the following:

a. Sufficient recordkeeping to assure compliance with all the terms and conditions of the Tier I operating permit;

b. Recording of monitoring information including but not limited to:

i. The date, place (as defined in the Tier I operating permit) and time of sampling or measurements;

ii. The date(s) analyses were performed;

iii. The company or entity that performed the analyses;

iv. The analytical techniques or methods used;

v. The results of such analyses; and

vi. The operating conditions existing at the time of sampling or measurement; and

c. Retention of all monitoring records and support information for a period of at least five (5) years from the date of the monitoring sample, measurement, report or application. Supporting information includes but is not limited to all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation and copies of all reports required by the Tier I operating permit;

08.Reporting. Incorporate by reference all applicable reporting requirements and require the following:

a. Sufficient reporting to assure compliance with all of the terms and conditions of the Tier I operating permit;

b. Prompt reporting of deviations from permit requirements including, but not limited to, those attributable to excess emissions. If the deviation is an excess emission, the report must be submitted in accordance with the requirements of Sections 130 through 136. For all other deviations, the report must be submitted in accordance with Subsection 322.08.c. unless the permit specifies another time frame. The reports must describe the probable cause of such deviations and any corrective actions or preventative measures taken; and

c. Submittal of reports for any required monitoring at least every six (6) months. All instances of deviations from Tier I operating permit requirements, which include monitoring, recordkeeping, and reporting, must be clearly identified in such reports. All required reports must be certified in accordance with Section 123;

09.Testing. Contain terms and conditions requiring sufficient testing to assure compliance with all of the terms and conditions of the Tier I operating permit;

10.Compliance Schedule and Progress Reports. Contain terms and conditions regarding the compliance plan submitted in the application in accordance with Subsection 314.10 including:

a. For each applicable requirement for which the source is not in compliance at the time of the permit issuance, terms and conditions consistent with the compliance schedule submitted by the applicant including all of the following:

i. A schedule of remedial measures leading to compliance including an enforceable sequence of actions and specific dates for achieving the milestones and achieving compliance;

ii. A requirement that the permittee submit periodic progress reports to the Department no less frequently than every six (6) months or at a more frequent period if one is specified in the underlying applicable requirement or by the Department;

iii. A requirement that any progress report must include a statement of when the milestones and compliance were or will be achieved, an explanation of why any dates in the compliance schedule submitted by the applicant or in the terms or conditions of the Tier I operating permit were not or will not be met and a detailed description of any preventative or corrective measures undertaken by the permittee;

iv. All terms and conditions of any applicable consent order, judicial order, judicial consent decree, administrative order, settlement agreement or judgment; and

v. A statement that the terms and conditions regarding the compliance schedule are supplemental to, and do not sanction noncompliance with, the underlying applicable requirement;

b. For each applicable requirement that will become effective during the term of the Tier I operating permit and that requires a detailed compliance schedule, the permit must include such compliance schedule; and

c. For each applicable requirement that will become effective during the term of the Tier I operating permit that does not require a detailed compliance schedule, the permit must include a statement that the permittee must meet, on a timely basis, all such applicable requirements;

11.Periodic Compliance Certifications. Require submittal of compliance certifications during the term of the permit for each emissions unit to the Department and the EPA as follows:

a. Compliance certifications for all emissions units must be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the Department;

b. The compliance certification for each emissions unit must address all the terms and conditions contained in the Tier I operating permit that are applicable to such emissions unit including emissions limitations, standards and work practices;

c. The compliance certification must be in an itemized format providing:

i. The identification of each term or condition of the Tier I operating permit that is the basis of the certification;

ii. The identification of the method(s) or other means used by the owner or operator for determining the compliance status with each term and condition during the certification period. Such methods and other means must include, at a minimum, the methods and means required under Subsections 322.06, 322.07, and 322.08;

iii. The status of compliance with the terms and conditions of the Tier I operating permit for the period covered by the certification, including whether compliance during the period was continuous or intermittent. The certification must be based on the method or means designated in Subsection 322.11.c.ii. above, identify each deviation and take it into account in the compliance certification, and also identify as possible exceptions to compliance any periods during which compliance is required and in which an excursion or exceedance as defined under 40 CFR Part 64 occurred; and

iv. Such information as the Department may require to determine the compliance status of the emissions unit; and

d. All original compliance certifications must be submitted to the Department and a copy of all compliance certifications submitted to the EPA;

12.Permit Conditions Regarding Acid Rain Allowances. Include all requirements for acid rain allowances.

a. A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds.

b. No limit is placed on the number of allowances held by the source and no permit revisions are required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a permit revision under any other applicable requirement.

c. The source may not use allowances as a defense to noncompliance with any other applicable requirement.

d. Any such allowance must be accounted for according to the procedures established in 40 CFR Part 72 and 40 CFR Part 73;

13.Permit Duration. State that it is effective for a fixed term of five (5) years;

14.Other Specific Requirements. Include any terms or conditions determined by the Department to be necessary for approval of the Tier I operating permit; and

15.General Requirements. Contain provisions stating:

a. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action; for permit revocation, termination, revocation and reissuance, or revision; or for denial of a permit renewal application;

b. It is not a defense in an enforcement action that it would have been necessary to halt or reduce any activity in order to maintain compliance with the terms and conditions of this permit;

c. This permit may be revised, revoked, reopened and reissued, or terminated for cause;

d. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition;

e. This permit does not convey any property rights of any sort, or any exclusive privilege;

f. The permittee must furnish all information requested by the Department, within a reasonable time, that the Department may request in writing to determine whether cause exists for modifying, revoking and reissuing or terminating the permit or to determine compliance with the permit;

g. Upon request, the permittee must furnish to the Department copies of records required to be kept by this permit;

h. The provisions of this permit are severable, and if any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit is not affected thereby;

i. The permittee must comply with Sections 380 through 386 as applicable;

j. Unless specifically identified as a "State Only" provision, all terms and conditions in the permit, including any terms and conditions designed to limit a source's potential to emit, are enforceable:

i. By the Department in accordance with State law; and

ii. By the United States or any other person in accordance with Federal law;

k. Provisions specifically identified as a "State Only" provision are enforceable only in accordance with State law. "State Only" provisions are those that are not required under the Federal Clean Air Act or under any of its applicable requirements or those provisions adopted by the State prior to federal approval;

l. Upon presentation of credentials, the permittee must allow the Department or an authorized representative of the Department to do the following:

i. Enter upon the permittee's premises where a Tier I source is located or emissions-related activity is conducted, or where records are kept under the conditions of this permit;

ii. Have access to and copy, at reasonable times, any records that are kept under the conditions of this permit;

iii. Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under this permit; and

iv. Sample or monitor at reasonable times substances or parameters for the purpose of determining or ensuring compliance with this permit or applicable requirements;

m. Nothing in this permit alters or affects the following:

i. Any administrative authority or judicial remedy available to prevent or terminate emergencies or imminent and substantial dangers;

ii. The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance;

iii. The applicable requirements of the acid rain program, consistent with 42 U.S.C. Section 7651g(a); and

iv. The owner or operator's duty to provide information;

n. The owner or operator of a Tier I source must pay registration fees to the Department in accordance with Sections 387 through 397, which are hereby incorporated by reference;

o. All documents submitted to the Department must be certified in accordance with Section 123;

p. If a timely and complete application for a Tier I operating permit renewal is submitted, but the Department fails to issue or deny the renewal permit before the end of the term of the previous permit, then all the terms and conditions of the previous permit including any permit shield that may have been granted pursuant to Section 325 remains in effect until the renewal permit has been issued or denied; and

q. The permittee must promptly report deviations from permit requirements including, but not limited to, those attributable to excess emissions. If the deviation is an excess emission, the report must be submitted in accordance with the requirements of Sections 130 through 136. For all other deviations, the report must be submitted in accordance with Subsection 322.08.c. unless the permit specifies another time frame. The reports must describe the probable cause of such deviations and any corrective actions or preventative measures taken.

Idaho Admin. Code r. 58.01.01.322

Effective March 28, 2023