Idaho Admin. Code r. 58.01.01.384

Current through September 2, 2024

Section 58.01.01.384 - SECTION 502(B)(10) CHANGES AND CERTAIN EMISSION TRADES

01.Criteria. This section authorizes emission changes within a permitted facility without requiring a permit revision, if the changes are not modifications under any provision of the Title I of the Clean Air Act and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or total emissions).

a. Changes authorized are changes that:

i. Are Section 502(b)(10) changes;

ii. Are changes involving trades of increases and decreases of emissions within the permitted facility where the State Implementation Plan provides for such emissions trades without requiring a permit revision. SIP trades are allowed in compliance with this Section even if the Tier I operating permit does not already provide for such emission trading; or

iii. Are changes made under the terms and conditions of the Tier I permit that authorize the trading of emissions increases and decreases within the permitted facility for the purpose of complying with a federally enforceable emissions cap that is established by the Department in the Tier I operating permit independent of otherwise applicable requirements.

b. Changes constituting a modification under Title I of the Clean Air Act or subject to a requirement under Title IV of the Clean Air Act are not authorized by this Section.

02.Notice Procedures. The permittee may make a change under this Section if the permittee provides written notification to the Department and EPA so that the notification is received at least seven (7) days in advance of the proposed change; or, in the event of an emergency, the permittee provides the notification so that it is received at least twenty-four (24) hours in advance of the proposed change. The permittee, the Department, and EPA will attach the notification to their copy of the Tier I operating permit.

a. For each such change, the written notification must:

i. State at the beginning of the notification "NOTIFICATION OF SECTION 502(b)(10) CHANGE" or "NOTIFICATION OF EMISSION TRADE";

ii. Describe the proposed change;

iii. Provide the date on which the proposed change will occur;

iv. Describe and quantify any expected change in emissions including identification of any new regulated air pollutant(s) that will be emitted;

v. Identify any permit term or condition that is no longer applicable as a result of the change;

vi. Specifically identify and describe the emergency, if any; and

vii. Identify any new applicable requirement that would apply to the Tier I source as a result of the change.

b. For changes described in Subsection 384.01.a.ii., the written notification must also include:

i. Identification of the provisions in the SIP that provide for the emissions trade;

ii. All of the information required by the provision in the SIP authorizing the emissions trade;

iii. Specific identification of the provisions in the SIP with which the permittee will comply; and

iv. The pollutants subject to the trade.

c. For changes described in Subsection 384.01.a.iii., the written notification must also describe how the change will comply with the terms and conditions of the permit.

03.Permit Shield. The permit shield described in Section 325 only extends to changes made in accordance with Subsection 384.01.a.iii.

Idaho Admin. Code r. 58.01.01.384

Effective March 28, 2023