Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM
Section 58.01.25.120 - NEW SOURCES AND NEW DISCHARGES

Universal Citation: ID Admin Code 58.01.25.120

Current through August 31, 2023

01. Criteria for New Source Determination. Except as otherwise provided in an applicable new source performance standard, a source is a new source if it meets the definition in Section 010 (Definitions), and: (3-24-22)

a. Is constructed at a site at which no other source is located; or (3-24-22)

b. Totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (3-24-22)

c. Its processes are substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the Department shall consider such factors as: (3-24-22)
i. The extent to which the new facility is integrated with the existing plant; and (3-24-22)

ii. The extent to which the new facility is engaged in the same general type of activity as the existing source. (3-24-22)

02. New Source vs. New Discharger. A source meeting the requirements of Subsection 120.01 is a new source only if a new source performance standard is independently applicable to it. If there is no such independently applicable standard, the source is a new discharger, as defined in Section 010 (Definitions). (3-24-22)

03. Modification vs. New Source/Discharger. Construction on a site at which an existing source is located, results in a modification subject to Subsection 201.02, rather than a new source (or a new discharger) if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection 120.01, but otherwise alters, replaces, or adds to existing process or production equipment. (3-24-22)

04. New Source Construction. Construction of a new source has commenced if the owner or operator has: (3-24-22)

a. Begun, or caused to begin as part of a continuous on-site construction program: (3-24-22)
i. Any placement, assembly, or installation of facilities or equipment; or (3-24-22)

ii. Significant site preparation work including clearing, excavation or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (3-24-22)

b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Items which do not constitute contractual obligations under this section include: (3-24-22)
i. Options to purchase or contracts which can be terminated or modified without substantial loss; (3-24-22)

ii. Contracts for feasibility engineering; and (3-24-22)

iii. Design studies. (3-24-22)

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