Idaho Admin. Code r. 58.01.25.120

Current through September 2, 2024

Section 58.01.25.120 - NEW SOURCES AND NEW DISCHARGES

01.New Source Determination. Except as provided in a new source performance standard, a source is a new source if it meets the definition in Section 010, and:

a. Is constructed at a site at which no other source is located; or

b. Totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c. Its processes are substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the Department will consider factors including the:

i. Extent the new facility is integrated with the existing plant; and

ii. Extent the new facility is engaged in the same general type of activity as the existing source.

02.New Source vs. New Discharger. A source meeting the requirements of Subsection 120.01 is a new source only if a new source performance standard independently applies to it. If no independent standard applies, the source is a new discharger, as defined in Section 010.

03.Modification vs. New Source/Discharger. Construction on a site where an existing source is located, results in a modification subject to Subsection 201.02, rather than a new source (or a new discharger) if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection 120.01, but otherwise alters, replaces, or adds to existing process or production equipment.

04.New Source Construction. Construction of a new source commences when the owner or operator:

a. Begins a new or restarts a continuous on-site construction program:

i. Places, assembles, or installs facilities or equipment; or

ii. Significantly prepares the site, including clearing, excavation, or removal of existing buildings, structures, or facilities for the placement, assembly, or installation of new source facilities or equipment; or

b. Enters into a binding contractual obligation for purchasing facilities or equipment intended for use in its operation within a reasonable time. Items that do not constitute contractual obligations under this section include:

i. Options to purchase or contracts that can be terminated or modified without substantial loss;

ii. Contracts for feasibility engineering; and

iii. Design studies.

Idaho Admin. Code r. 58.01.25.120

Effective July 1, 2024