Idaho Admin. Code r. 58.01.01.314

Current through August 31, 2023

Section 58.01.01.314 - REQUIRED STANDARD APPLICATION FORM AND REQUIRED INFORMATION

01.General Requirements. (3-28-23)

a. Applications must be submitted on a form or forms provided by the Department or by other means specified by these rules or the Department. The application must be certified by the responsible official in accordance with Section 123. (3-28-23)

i. If the Tier I source is regulated under 42 U.S.C. Sections 7651 through 7651o, the owner or operator must also submit nationally standardized acid rain forms provided by EPA. (3-28-23)

b. All information must be in sufficient detail so that the Department may efficiently and effectively determine the applicability of requirements and make all other necessary evaluations and determinations. (3-28-23)

02.General Information for the Facility. (3-28-23)

a. Provide identifying information, including the name, address and telephone number of: (3-28-23)

i. The owner; (3-28-23)

ii. The operator; (3-28-23)

iii. The facility where the Tier I source is located; (3-28-23)

iv. The registered agent of the owner, if any; (3-28-23)

v. The registered agent of the operator, if any; (3-28-23)

vi. The responsible official, if other than the owner or operator; and (3-28-23)

vii. The contact person. (3-28-23)

b. Provide a general description of the processes used and products produced by the facility where the Tier I source is located, including any associated with each requested alternative operating scenario and trading scenario. The description must include narrative and applicable SIC codes. (3-28-23)

c. Provide a general description of each process line affecting a Tier I source. (3-28-23)

03.Specific Information for Each Emissions Unit. The owner or operator must provide, in an itemized format, all of the information identified in Subsections 314.04 through 314.11 for each emissions unit, unless the emissions unit is an insignificant activity. (3-28-23)

04.Emissions. (3-28-23)

a. Identify and describe all emissions of pollutants for which the source is major and all emissions of regulated air pollutants from each emissions unit. Fugitive emissions must be included in the application in the same manner as stack emissions, regardless of whether the source category is included in the list of sources contained in the definition of major facility (Section 008). (3-28-23)

b. Emissions rates must be quantified in tons per year (tpy) and in such additional terms as are necessary to determine compliance consistent with the applicable test method. (3-28-23)

c. Identify and describe all points of emissions in sufficient detail to establish the basis for fees and applicability of requirements of the Clean Air Act. (3-28-23)

d. To the extent it is needed to determine or regulate emissions, identify and quantify all fuels, fuel use, raw materials, production rates, and operating schedules. (3-28-23)

e. Identify and describe all air pollution control equipment and compliance monitoring devices or activities. (3-28-23)

f. Identify and describe all limitations on source operation or any work practice standards affecting emissions. (3-28-23)

g. Provide the calculations on which the information provided under Subsections 314.04.a. through 314.04.e. is based. (3-28-23)

05.Applicable Requirements. (3-28-23)

a. Cite and describe all applicable requirements affecting the emissions unit; and (3-28-23)

b. Describe or reference all methods required by each applicable requirement for determining the compliance status of the emissions unit with the applicable requirement, including any applicable monitoring, recordkeeping and reporting requirements or test methods. (3-28-23)

06.Other Requirements. Other specific information that may be necessary to determine the applicability of, implement or enforce any requirement of the Act, these rules, 42 U.S.C. Sections 7401 through 7671q or federal regulations. (3-28-23)

07.Proposed Determinations of Nonapplicability. Identify requirements for which the applicant seeks a determination of nonapplicability and provide an explanation of why the requirement is not applicable to the Tier I source. (3-28-23)

08.Alternative Operating Scenarios. (3-28-23)

a. Identify all requested alternative operating scenarios. (3-28-23)

b. Provide a detailed description of all requested alternative operating scenarios. Include all the information required by Section 314 that is relevant to the alternative operating scenario. (3-28-23)

09.Compliance Certifications. (3-28-23)

a. Provide a compliance certification regarding the compliance status of each emissions unit at the time the application is submitted to the Department that: (3-28-23)

i. Identifies all applicable requirements affecting each emissions unit. (3-28-23)

ii. Certifies the compliance status of each emissions unit with each of the applicable requirements. (3-28-23)

iii. Provides a detailed description of the method(s) used for determining the compliance status of each emissions unit with each applicable requirement, including a description of any monitoring, recordkeeping, reporting and test methods that were used. Also provide a detailed description of the method(s) required for determining compliance. (3-28-23)

iv. Certifies the compliance status of the emissions unit with any applicable enhanced monitoring requirements. (3-28-23)

v. Certifies the compliance status of the emissions unit with any applicable enhanced compliance certification requirements. (3-28-23)

vi. Provides all other information necessary to determining the compliance status of the emissions unit. (3-28-23)

b. Provide a schedule for submission of compliance certifications during the term of the Tier I operating permit. The schedule must require compliance certifications to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the Department. (3-28-23)

10.Compliance Plans. (3-28-23)

a. Provide a compliance description as follows: (3-28-23)

i. For each applicable requirement with which the emissions unit is in compliance, state that the emissions unit will continue to comply with the applicable requirement. (3-28-23)

ii. For each applicable requirement that will become effective during the term of the Tier I operating permit that does not contain a more detailed schedule, state that the emissions unit will meet the applicable requirement on a timely basis. (3-28-23)

iii. For each applicable requirement that will become effective during the term of the Tier I operating permit that contains a more detailed schedule, state that the emissions unit will comply with the applicable requirement on the schedule provided in the applicable requirement. (3-28-23)

iv. For each applicable requirement with which the emission unit is not in compliance, state that the emissions unit will be in compliance with the applicable requirement by the time the Tier I operating permit is issued or provide a compliance schedule in accordance with Subsection 314.10.b. (3-28-23)

b. All compliance schedules must: (3-28-23)

i. Include a schedule of remedial measures leading to compliance, including an enforceable sequence of actions and specific dates for achieving milestones and achieving compliance. (3-28-23)

ii. Incorporate the terms and conditions of any applicable consent order, judicial order, judicial consent decree, administrative order, settlement agreement or judgment. (3-28-23)

iii. Be supplemental to, and not sanction noncompliance with, the applicable requirements on which it is based. (3-28-23)

c. Provide a schedule for submission to the Department of periodic progress reports no less frequently than every six (6) months or at a more frequent period if one (1) is specified in the underlying applicable requirement or by the Department. (3-28-23)

11.Trading Scenarios. (3-28-23)

a. Identify all requested trading scenarios authorized by Section 440. (3-28-23)

b. Provide a detailed description of all requested trading scenarios. Include all the information required by Section 314 that is relevant to the trading scenario and all the information required by Section 440, if applicable. Emissions trades must comply with all applicable requirements. (3-28-23)

c. Provide proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. Emissions trades involving emissions units for which the emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trade will not be approved. (3-28-23)

12.Additional Information. Provide additional information that the Department determines necessary to perform its functions efficiently and effectively. Such functions include, but are not limited to, determining the applicability of requirements for all regulated air pollutants, determining compliance with applicable requirements, developing or defining Tier I operating permit terms and conditions, defining all approved alternative operating scenarios, evaluating excess emissions procedures or making all necessary evaluations and determinations. (3-28-23)

Idaho Admin. Code r. 58.01.01.314