Section 58.01.01.213 - PRE-PERMIT CONSTRUCTIONThis section describes how owners or operators may commence construction or modification of certain stationary sources before obtaining the required permit to construct. (3-28-23)
01.Pre-Permit Construction Eligibility. Pre-permit construction approval is available for new sources and modifications that are not considered major as defined in 40 CFR 52.21 proposed in accordance with Subsection 213.01.d. Pre-permit construction is not available for any new source or modification that: uses emissions netting to stay below major source levels; uses optional offsets pursuant to Section 206; or would have an adverse impact on the air quality related values of any Class I area. Owners or operators may ask the Department for the ability to commence construction or modification of qualifying sources under Section 213 before receiving the required permit to construct. To obtain the Department's pre-permit construction approval, the owner or operator must: (3-28-23) a. Apply for a permit to construct in accordance with Subsections 202.01.a., 202.02, and 202.03 of this chapter. (3-28-23)b. Consult with Department representatives prior to submitting a pre-permit construction approval application. (3-28-23)c. Submit a pre-permit construction approval application that must contain, but not be limited to: a letter requesting the ability to construct before obtaining the required permit to construct, a copy of the notice referenced in Subsection 213.02; proof of eligibility; process description(s); equipment list(s); proposed emission limits and modeled ambient concentrations for all regulated air pollutants and toxic air pollutants, such that they demonstrate compliance with all applicable air quality rules and regulations. The models must be conducted in accordance with Subsection 202.02 and with written Department approved protocol and submitted with sufficient detail so that modeling can be duplicated by the Department. (3-28-23)d. Owners or operators seeking limitations on a source's potential to emit such that permitted emissions will be either below major source levels or below a significant increase must describe in detail in the prepermit construction application the proposed restrictions and certify in accordance with Section 123 that they will comply with the restrictions, including any applicable monitoring and reporting requirements. (3-28-23)02.Permit to Construct Procedures for Pre-Permit Construction. (3-28-23) a. Within ten (10) days after the submittal of the pre-permit construction approval application, the owner or operator must hold an informational meeting in at least one (1) location in the region in which the stationary source or facility is to be located. The informational meeting must be made known by notice published at least ten (10) days before the meeting in a newspaper of general circulation in the county(ies) in which the stationary source or facility is to be located. A copy of such notice must be included in the application. (3-28-23)b. Within fifteen (15) days after the receipt of the pre-permit construction approval application, the Department will notify the owner or operator in writing of pre-permit construction approval or denial. The Department may deny the pre-permit construction approval application for any reason it deems valid. (3-28-23)c. Upon receipt of the pre-permit construction approval letter issued by the Department, the owner or operator may begin construction at their own risk as identified in Subsection 213.02.d. Upon issuance of the prepermit construction approval letter, any and all potential to emit limitations addressed in the pre-permit construction application pursuant to Subsection 213.01.d. will become enforceable. The owner or operator must not operate those emissions units subject to permit to construct requirements in accordance with Section 200 unless and until issued a permit pursuant to Section 209. (3-28-23)d. If the pre-permit construction approval application is determined incomplete or the permit to construct is denied, the Department will issue an incompleteness or denial letter pursuant to Section 209. If the Department denies the permit to construct, then the owner or operator will have violated Section 201 on the date it commenced construction as defined in Section 006. The owner or operator may not contest the final permit to construct decision based on the fact that they have already begun construction. (3-28-23)Idaho Admin. Code r. 58.01.01.213