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Idaho Air Quality Permit - Permit to Construct (15-ID-a)

The Idaho Department of Environmental Quality (DEQ) requires an air quality Permit to Construct prior to the construction or modification of buildings, structures, and installations that emit or may emit pollutants into the air under IDAPA 58.01.01.

Air Quality Permit - Permit to Construct Process

15-ID-a.1 – Hold Pre-application Meeting

At least two weeks prior to submitting an application, the developer meets with the Idaho DEQ to hold a pre-application meeting. The pre-application meeting is an opportunity to discuss the developer’s responsibilities and the information the developer must submit for a complete application. Once the developer submits the application there should be no questions about what is required. The DEQ will inform the developer what emission inventory the developer should submit, what type of ambient impact analysis the developer should include, and explain what regulatory requirements apply to the facility.

Idaho DEQ Pre-Application Meeting Agenda

15-ID-a.2 – Is the Developer Applying for a Permit to Construct or a Permit to Operate

If the developer is applying for a permit to construct, the developer should follow the “Construction” arrow. If the developer is applying for a permit to operate, the developer should follow the “Operation” arrow.

15-ID-a.3 – Is the Facility Exempt from a Permit to Construct

If the facility is exempt from a Permit to Construct the developer should then determine whether the facility is a regulated stationary source that will require a permit to operate. If the facility is not exempt from a Permit to Construct the developer should prepare and submit a Permit to Construct Application. IDAPA through 223 lists facilities which are exempt from obtaining a Permit to Construct either through a categorical exemption or by meeting the exemption criteria of IDAPA

15-ID-a.4 - Tier II Operating Permit

Air Quality Permit - Tier II Operating Permit:

15-ID-a.5 – Permit to Construct Application

The Permit to Construction Application must be made using the forms furnished by the DEQ. The Permit to Construct Application must include all of the information listed in IDAPA

15-ID-a.6 to 15-ID-a.7 - Review Application Materials for Completeness

The DEQ reviews the application materials for completeness for up to 30 days and accepts the application if complete. If the application is not complete the DEQ notifies the applicant of its findings and requests additional information.

15-ID-a.8 – Draft Permit to Construct

Within sixty days after the application is determined to be complete, the DEQ, upon written request from the developer must provide a Draft Permit to Construct for review by the developer.

15-ID-a.9 – Review Draft Permit (optional)

The developer has the option to review and comment on the Draft Permit for a period of ten days.

15-ID-a.10 – Publish Notice and Allow for Comment

An opportunity for public comment is provided on all applications requiring a permit to construct. The DEQ’s proposed action, the information submitted by the applicant, and the DEQ’s analysis of the information will be made available to the public in at least one region in which the stationary source or facility is to be located. The notice of the materials will be published in a newspaper of general circulation in the county in which the stationary source or facility is to be located and a copy of the notice must be sent to the applicant and to the appropriate federal, state, and local agencies.

15-ID-a.11 – Comment on Draft Permit

After the DEQ publishes notice, the public has thirty days to comment on the DEQ’s proposed action. All comments must be submitted in writing to the DEQ.

15-ID-a.12 – Review and Respond to Comments

The DEQ considers comments and any additional information submitted during the comment period within 45 days of the initial publication of the notice, unless the Director determines additional time is necessary to respond to comments.

15-ID-a.13 – Permit to Construct

After consideration of comments, the Department notifies the developer in writing of approval, conditional approval, or denial of the permit. If the DEQ approves the application, the DEQ issues a Permit to Construct.

15-ID-a.14 – Publish Notice of Final Determination

All comments and additional information received during the comment period, together with the DEQ’s final determination are made available to the public at the same location as the preliminary determination and notice of public comment.

15-ID-a.15 – Tier II Operating Permit

The developer should see Flowchart 15-ID-b to determine whether the facility or stationary source will require a Tier II Operating Permit from the DEQ.

Air Quality Permit - Tier II Operating Permit:

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