Section 58.01.01.179 - PROCEDURES FOR ISSUING PERMITS ESTABLISHING A FACILITY EMISSIONS CAP01.General Procedures. Procedures for issuing permits establishing a FEC will follow Sections 209 or 404, whichever is applicable. (3-28-23)02.Renewal. The renewal of the terms and conditions establishing a FEC are subject to the same procedural requirements for issuing permits (Subsection 179.01) and Subsections 179.02.a. through 179.02.d.: (3-28-23)a. The permittee must submit a complete application to the Department for a renewal of the terms and conditions establishing the FEC 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. (3-28-23)b. If a timely and complete application for a renewal of the terms and conditions establishing the FEC 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 remain in effect until the renewal permit has been issued or denied. (3-28-23)c. Expiration of the terms and conditions establishing a FEC may be grounds to terminate the facility's right to operate pursuant to Sections 176 through 181, unless a timely and complete renewal application has been submitted. (3-28-23)d. On renewal, the Department may adjust a FEC with an unused growth component in accordance with the Idaho Environmental Protection and Health Act, Chapter 1, Title 39, Idaho Code, and these rules. (3-28-23)03.Reopening the FEC. The Department may reopen a FEC to: (3-28-23) a. Reduce the FEC to reflect newly applicable federal requirements' compliance dates after the issuance of the permit establishing the FEC. (3-28-23)b. Reduce the FEC consistent with any other requirement that is enforceable as a practical matter, and that the state may impose on the facility under the Idaho Environmental Protection and Health Act, Chapter 1, Title 39, Idaho Code, and these rules. (3-28-23)04.FEC Termination. The Department may approve a revision of a permit establishing a FEC to terminate the FEC, provided the permittee complies with Subsections 209.04 or 404.04, as applicable, and Subsections 179.04.a. through 179.04.c.: (3-28-23) a. The permittee may request a revision of the permit establishing the FEC to terminate the FEC at any time prior to the expiration of the permit. The permittee is encouraged to submit an application for a permit to construct or Tier I operating permit, as applicable, six (6) months prior to the time the permittee wishes to terminate the FEC. (3-28-23)b. The FEC established in the permit remains in effect until the Department issues a new permit to construct or Tier I operating permit, as applicable. (3-28-23)c. Nothing in Section 179 prohibits a permittee from requesting a permit revision to terminate the FEC during the permit renewal process. (3-28-23)Idaho Admin. Code r. 58.01.01.179