Section 58.01.01.205 - PERMIT REQUIREMENTS FOR NEW MAJOR FACILITIES OR MAJOR MODIFICATIONS IN ATTAINMENT OR UNCLASSIFIABLE AREASThe prevention of significant deterioration (PSD) program is a construction permitting program for new major facilities and major modifications to existing major facilities located in areas in attainment or in areas that are unclassifiable for any criteria air pollutant. Section 202 contains application requirements and Section 209 contains processing requirements for PSD permit actions. The intent of Section 205 is to incorporate the federal PSD rule requirements. (3-28-23)
01.Incorporated Federal Program Requirements. Requirements contained in the following subparts of 40 CFR 52.21 are incorporated by reference in Section 107. These CFR sections have been codified in the electronic CFR which is available at https://www.ecfr.gov/current/title-40. 40 CFR Reference | 40 CFR Reference Title |
40 CFR 52.21(a)(2) | Applicability Procedures |
40 CFR 52.21(b) | Definitions |
40 CFR 52.21(i) | Review of Major Stationary Sources and Major Modifications - Source Applicability and Exempting |
40 CFR 52.21(j) | Control Technology Review |
40 CFR 52.21(k) | Source Impact Analysis |
40 CFR 52.21(r) | Source Obligation |
40 CFR 52.21(v) | Innovative Control Technology |
40 CFR 52.21(w) | Permit Rescission |
40 CFR 52.21(aa) | Actual PALS |
(3-28-23)
02.Effect on Visibility. The applicant must demonstrate that the effect on visibility of any federal Class I area, Class I area designated by the Department, or integral vista of a mandatory Class I Federal Area, by the new major facility or major modification, is consistent with making reasonable progress toward the national visibility goal referred to in 40 CFR 51.300(a). The Department may take into account the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental impacts of compliance and the useful life of the source. Any integral vista which the Federal Land Manager has not identified at least six (6) months prior to the submittal of a complete application, or which the Department determines was not identified in accordance with the criteria adopted pursuant to 40 CFR 51.304(a), may be exempted from this requirement by the Department. (3-28-23)03.Exception to Incorporation by Reference of 40 CFR 52.21. Every use of the word Administrator in 40 CFR 52.21 means the Department except for the following provisions, where the reference remains to the EPA Administrator: 40 CFR 52.21(b)(17), 52.21(b)(43), 52.21(b)(48)(ii)(c), 52.21(b)(50)(i) and 52.21(l)(2). (3-28-23)04.Nonmajor Requirements. If the proposed action meets the requirements of an exemption or exclusion under the provisions of 40 CFR 52.21 incorporated in Section 205, the nonmajor facility or stationary source permitting requirements of Sections 200 through 227 apply, including the exemptions in Sections 220 through 223. (3-28-23)Idaho Admin. Code r. 58.01.01.205