Section 58.01.01.404 - PROCEDURE FOR ISSUING PERMITS01.General Procedures. General procedures for Tier II operating permits. a. Within thirty (30) days after receipt of the application for a Tier II operating permit, the Department will determine whether the application is complete or whether more information must be submitted and will notify the applicant of its findings in writing.b. Within sixty (60) days after the application is determined to be complete the Department will: i. Notify the applicant in writing of the approval or denial of the application if an opportunity for public comment is not required pursuant to Subsection 404.01.c. The Department will set forth reasons for any denial; orii. Issue a proposed approval or proposed denial.c. An opportunity for public comment will be provided on an application for any Tier II operating permit pursuant to Subsection 401.01 and any other application that the Department determines an opportunity for public comment should be provided. i. The availability of such materials will be made known by notice published in a newspaper of general circulation in the county(ies) in which the stationary source or facility is to be located.ii. A copy of such notice will be sent to the applicant and to appropriate federal, state and local agencies.iii. There will be a thirty (30) day period after initial publication for comment on the Department's proposed action, such comment to be made in writing to the Department.iv. After consideration of comments and any additional information submitted during the comment period, and within forty-five (45) days after initial publication of the notice, unless the Department deems that additional time is required to evaluate comments and information received, the Department will notify the applicant in writing of approval or denial of the permit. The Department will set forth the reasons for any denial.v. All comments and additional information received during the comment period, together with the Department's final determination, will be made available to the public at the same location as the preliminary determination.d. A copy of each proposed and final permit will be sent to EPA.02.Specific Procedures. Procedures for Tier II operating permits. a. The Department will send a notification to the proposed permittee by registered mail of his intention to issue a Tier II operating permit for the facility concerned. The notification will contain a copy of the proposed permit in draft form stating the proposed emission standards and any required action, with corresponding dates, that must be taken by the proposed permittee in order to achieve or maintain compliance with the proposed Tier II operating permit.b. The application and the Department's proposed Tier II operating permit will be made available to the public in at least one (1) location in the region in which the facility is located. The availability of such materials will be made known by notice published in a newspaper of general circulation in the county(ies) in which the facility is located. A copy of such notice will be sent to the applicant. There will be a thirty (30) day period after publication for comment on the Department's proposed Tier II operating permit. Such comment must be made in writing to the Department.c. A public hearing will be scheduled to consider the standards and limitations contained in the proposed Tier II operating permit if the proposed permittee files a request with the Department within ten (10) days of receipt of the notification, or if the Department determines that there is good cause to hold a hearing.d. After consideration of comments and any additional information submitted during the comment period or at any public hearing, the Department will render a final decision upon the proposed Tier II operating permit within thirty (30) days of the close of the comment period or hearing. At this time the Department may adopt the entire Tier II operating permit as originally proposed or any part or modification thereof.e. All comments and additional information received during the comment period, together with the Department's final permit, will be made available to the public at the same location as the proposed Tier II operating permit.04.Permit Revision or Renewal. The Department may approve a revision of any Tier II operating permit or renewal of any Tier II operating permit provided the stationary source or facility continues to meet all applicable requirements of Sections 400 through 409. Revised permits will be issued pursuant to procedures for issuing permits (Section 404), except that the requirements of Subsection 404.01.c. only apply if the permit revision results in an increase in allowable emissions or if deemed appropriate by the Department. Renewed Tier II operating permits will be issued pursuant to procedures for issuing permits (Section 404), except that the requirements of Subsections 404.01.c., and 404.02.b. through 404.02.e. only apply if the permit revision results in an increase in allowable emissions or if deemed appropriate by the Department. The expiration of a permit will not affect the operation of a stationary source or a facility during the administrative procedure period associated with the permit renewal process. The permittee must submit a complete application to the Department for a renewal of the terms and conditions establishing the Tier II operating permit at least six (6) months before, but no earlier than eighteen (18) months before, the expiration date of the existing permit. To ensure that the term of the permit does not expire before the terms and conditions are renewed, the permittee is encouraged to submit the application nine (9) months prior to expiration.05.Transfer of Tier II Permit.a. Transfers by Revision. A Tier II permit may be transferred to a new owner or operator in accordance with Subsection 404.04.b. Automatic Transfers. Any Tier II permit, with or without transfer prohibition language, may be automatically transferred if:i. The current permittee notifies the Department at least thirty (30) days in advance of the proposed transfer date;ii. The notice provides written documentation signed by the current and proposed permittees containing a date for transfer of permit responsibility, designation of the proposed permittee's responsible official, and certification that the proposed permittee has reviewed and intends to operate in accordance with the permit terms and conditions; andiii. The Department does not notify the current permittee and the proposed permittee within thirty (30) days of receipt of the notice of the Department's determination that the permit must be revised pursuant to Subsection 404.04. If the Department does not issue such notice, the transfer is effective on the date provided in the notice described in Subsection 404.05.b.ii.Idaho Admin. Code r. 58.01.01.404