Idaho State Statutes - Idaho Attorney Directory

(1) The
legislature finds that it is an obligation of the state of Idaho under title V
of the clean air act to provide for an operating permit program for sources of
air pollution within the state.
(2) The purpose of these amendments to the environmental protection and
health act is to meet the state's obligation to protect air quality with a
cost-effective operating permit program.
(3) The legislature intends that the department's regulation under title
V of the clean air act shall take advantage of the flexibility authorized by
the federal clean air act to establish reasonable and cost-effective
requirements. Such requirements shall include, but not be limited to:
(a) Operating flexibility provisions;
(b) Provisions allowing off-permit changes;
(c) Provisions that limit federally enforceable hazardous air pollutant
requirements to that group of pollutants listed under section 112 of the
federal clean air act (to the extent that the operating permits address
hazardous air pollutants);
(d) Provisions for operating permits to be issued for fixed terms of five
(5) years; provided that, in order to facilitate the implementation of the
title V operating permit program, the director may issue operating permits
with terms of from three (3) to five (5) years during the first three (3)
years following environmental protection agency approval of Idaho's title
V operating permit program so long as those permits with fixed terms of
less than five (5) years are renewed with terms of five (5) years
thereafter; and provided further that if the maximum operating permit term
under the federal clean air act should be extended beyond five (5) years,
the director shall similarly extend the term of operating permits issued
under the Idaho program; and provided further, that shorter terms are
allowable when mutually agreed upon by the department and the applicant;
(e) Provisions for adequate, streamlined and reasonable procedures for
processing modifications, including establishing criteria to determine
insignificant changes that shall not require a permit modification, and
establishing classes of modifications based on significance which shall
include a minor modification class for which modifications may be
processed in group as authorized by 40 CFR 70.7(e)(3) as may be amended;
and
(f) Provisions allowing an existing source to make changes that reduce
emissions without applying for a permit to construct or an amendment to an
operating permit; provided, however, that an existing source that makes
such changes may seek and obtain an operating permit modification if it
chooses.

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