Section 58.01.01.401 - TIER II OPERATING PERMIT01.Optional Tier II Operating Permits. The owner or operator of any stationary source or facility not subject to (or wishes to accept limitations on the facility's potential to emit so as to not be subject to) Sections 300 through 399 may apply to the Department for an operating permit to: a. Authorize the use of an emission offset pursuant to Sections 204.02.b. or 206;b. Authorize the use of a potential to emit limitation, an emission reduction or netting transaction to exempt a facility or modification from certain requirements for a permit to construct;c. Authorize the use of a potential to emit limitation to exempt the facility from Tier I permitting requirements; andd. Bank an emission reduction credit pursuant to Section 461.02.Required Tier II Operating Permits.a. A Tier II operating permit is required for any stationary source or facility that has annual actual mercury emissions in excess of sixty-two (62) pounds. Fugitive emissions are not included in a determination of the actual mercury emissions. The owner or operator of the stationary source or facility must submit a Tier II permit application for review and approval by the Department, no later than twelve (12) months after becoming subject to Subsection 401.02.a., that includes an MBACT analysis for all sources that emit mercury. A determination of applicability under Subsection 401.02 will be based upon best available information. An MBACT analysis for review and approval by the Department must be included in a Tier II renewal application for any mercury emitting source not otherwise subject to MBACT.b. Stationary sources within a source category subject to 40 CFR Part 63 are exempt from the requirements of Subsection 401.02.a.03.Tier II Operating Permits Required by the Department. The Department may require or revise a Tier II operating permit for any stationary source or facility whenever the Department determines that:a. Emission rate reductions are necessary to attain or maintain any ambient air quality standard or applicable prevention of significant deterioration (PSD) increment; orb. Specific emission standards, or requirements on operation or maintenance are necessary to ensure compliance with any applicable emission standard or rule.04.Tier II Operating Permits Establishing a Facility Emissions Cap. The owner or operator of any stationary source or facility may request a Tier II operating permit establishing a Facility Emissions Cap (FEC) pursuant to Sections 175 through 181.Idaho Admin. Code r. 58.01.01.401