Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO
Section 58.01.01.335 - GENERAL TIER I OPERATING PERMITS AND AUTHORIZATIONS TO OPERATE

Universal Citation: ID Admin Code 58.01.01.335

Current through August 31, 2023

01. Issuance of General Tier I Operating Permits. The Department may, after notice and opportunity for public participation provided in accordance with Section 364, issue a general Tier I operating permit covering numerous similar sources. (3-28-23)

02. Contents of General Tier I Operating Permits. Each general Tier I operating permit will: (3-28-23)

a. Include all terms and conditions identified in Sections 322 and 325. (3-28-23)

b. Include specific criteria by which sources may qualify for coverage under the general Tier I operating permit; and (3-28-23)

c. May provide for applications that deviate from the requirements of Sections 311 through 315, provided that such applications meet all other requirements of 42 U.S.C. 7661 through 7661f and include all information necessary to determine qualification for, and to ensure compliance with, the general Tier I operating permit. (3-28-23)

03. Applications for Authorizations to Operate. The owner or operator of a Tier I source may apply for an authorization to operate under the terms and conditions of a general Tier I operating permit by: (3-28-23)

a. Stating in the application submitted pursuant to Sections 311 through 315 that the owner or operator has determined that the Tier I source qualifies for coverage under a specifically identified general Tier I operating permit and that the owner or operator requests that operations of the Tier I source be authorized under a specifically identified general Tier I operating permit; or (3-28-23)

b. Complying with the specific application requirements, if any, provided in the general Tier I operating permit. (3-28-23)

04. Procedures for Issuing Authorizations to Operate. Without repeating the public participation procedures required under Section 364, the Department will issue an authorization to operate a Tier I source under a specifically identified general Tier I operating permit if the Department determines that the Tier I source qualifies for coverage. (3-28-23)

05. Review of Authorizations to Operate. The issuance of an authorization to operate is a final agency action for purposes of administrative and judicial review of the authorization. The general Tier I operating permit is not subject to administrative or judicial review upon the issuance of an authorization to operate. (3-28-23)

06. Phase II Sources. General Tier I operating permits are not authorized for Phase II sources under the acid rain program unless otherwise provided in 40 CFR Part 72. (3-28-23)

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