39-115. POLLUTION SOURCE PERMITS.

(1) (a) The director shall have the authority to issue pollution source permits in compliance with rules established hereunder.

(b) To determine the applicability of permit requirements for any major or minor air pollution source in Idaho, the department shall develop and recommend to the board for adoption, rules that define "regulated air pollutant" as follows:

(i) For purposes of a major source permit to operate issued or modified by the department in accordance with title V of the federal clean air act amendments of 1990, "regulated air pollutant" shall have the same meaning as in title V of the federal clean air act amendments of 1990, and any applicable federal regulations promulgated pursuant to title V of the federal clean air act amendments of 1990;

(ii) For purposes of any other operating permit issued or modified by the department, the federal definition of "regulated air pollutant" as defined in subsection (1)(b)(i) of this section shall also apply;

(iii) For purposes of any permit to construct issued or modified by the department pursuant to part D of subchapter I of the federal clean air act, "regulated air pollutant" shall mean those air contaminants that are regulated pursuant to part D of subchapter I of the federal clean air act and applicable federal regulations promulgated pursuant to part D of subchapter I of the federal clean air act; and

(iv) For purposes of major source compliance with 42 U.S.C. section 7412(g) and (i)(1), "regulated air pollutant" shall mean those air contaminants that are listed pursuant to 42 U.S.C. section 7412(b); and

(v) For purposes of any other major or minor permit to construct issued or modified by the department, "regulated air pollutant" shall mean those air contaminants that are regulated pursuant to part C of subchapter I of the federal clean air act and any applicable federal regulations promulgated pursuant to part C of subchapter I of the federal clean air act.

(c) To determine the applicability of any permit to construct or permit to operate requirement to any air pollution source in Idaho, fugitive emissions shall not be included in any applicability calculation, unless required by 42 U.S.C. section 7401 et seq. or any implementing regulation promulgated thereunder. The director shall develop and the board shall adopt rules that provide that, for both major and minor source permit applicability determinations, fugitive emissions shall be included only as required by 42 U.S.C. section 7401 et seq. or any implementing regulation promulgated thereunder.

(d) The director shall develop and recommend to the board for adoption through rulemaking, criteria to determine insignificant activities and such sources or modification with emissions at or below the de minimis level which shall not require either a permit to construct or a permit to operate; provided however, that a registration of the activities or sources may be required.

(2) The director shall have the authority to sue in competent courts to enjoin any threatened or continuing:

(a) Violations of pollution source permits or conditions thereof without the necessity of a prior revocation of the permit; or

(b) Construction of an industrial or commercial air pollution source without a permit required under this chapter or rules adopted hereunder.

(3) The department is authorized to charge and collect a fee for processing applications for industrial or commercial air pollution source permits in accordance with a fee schedule established by the board pursuant to this chapter. For fees charged for operating permits under title V of the federal clean air act amendments of 1990, the department shall not charge a fee on any hazardous air pollutant other than those listed under section 112 of the federal clean air act. The fee schedule shall be structured to provide an incentive for emission reduction.

(4) The director may issue air emission source permits to construct a facility to incinerate any waste or waste item contaminated with polychlorinated biphenyls (PCBs) only if the director finds:

(a) The facility will not be sited in complex valley terrain where the valley floor is less than five (5) miles wide and the valley walls rise more than one thousand (1,000) feet;

(b) The facility has complied with local planning and zoning requirements;

(c) There has been an opportunity for public participation; and

(d) The facility will employ best available technology and instrumentation.

Subsection (4) of this section shall not apply to incineration activities existing on or before January 1, 1987.

History:

[39-115, as added by 1973, ch. 138, sec. 1, p. 269; am. 1974, ch. 23, sec. 56, p. 633; am. 1987, ch. 135, sec. 1, p. 269; am. 1987, ch. 198, sec. 2, p. 418; am. 1993, ch. 275, sec. 6, p. 936; am. 2000, ch. 132, sec. 23, p. 335; am. 2005, ch. 292, sec. 2, p. 929; am. 2005, ch. 324, sec. 1, p. 994.]