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See Also
New Source Performance Standards
Compliance
and Enforcement
Tier
I Permit Forms, Checklists, and Worksheets
Contact DEQ
Regional
Office
Air Quality Managers
State
Office
Air Quality Division
Bill
Rogers
(208)
373-0437
Air Quality Permitting Hotline: 1-877-5PERMIT
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Air Quality: Tier I Operating Permit
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| Title V of the federal Clean Air Act Amendments
of 1990 requires states to develop programs for issuing operating
permits to major stationary sources of air pollutants. The Tier I
operating permit (also known as a Title V operating permit) brings
together all of the applicable federal, state, and local air requirements
for an air pollution source into one federally enforceable document.
DEQ is the state agency delegated responsibility
by the U.S. Environmental Protection Agency (EPA) to issue Tier
I operating permits in Idaho. State procedures and requirements
for these permits are found in Sections
300-386 of the Rules for the Control of Air Pollution in Idaho. |
| |
| Applicability: Who Needs a Tier
I Permit? |
A Tier I
operating permit is required by the federal Clean Air Act for major
sources of air pollution. Under federal regulations, major sources
are facilities that emit:
| |
|
| 1. |
100 tons per year
or more of any regulated air pollutant; or |
| 2. |
10 tons per year or more of
any single hazardous air pollutant (specifically listed
in the Clean Air Act); or |
| 3. |
25 tons per year or more of
a combination of hazardous air pollutants. |
|
| |
A Tier I
operating permit may be required for minor (or
area) sources that are subject to:
| |
|
| 1. |
New Source Performance Standards
(NSPS). NSPSs are uniform national air emission standards
that limit the amount of pollution that may be emitted from
stationary sources built or modified after publication of final
or proposed regulations prescribing a certain standard of performance. NSPS applies to the six criteria pollutants. more |
| |
or |
| 2. |
National Emission Standard for Hazardous
Air Pollutants (NESHAP). NESHAPs are air quality standards,
issued under Section 112 of the Clean Air Act, that regulate
187 hazardous air pollutants from particular industrial sources.
These industry-based NESHAPs are also called Maximum Achievable
Control Technology (MACT) standards. more |
|
| |
| Application Procedures
|
| Step 1: |
Evaluate your eligibility. Do
your equipment and operations meet the requirements established
in Idaho's air pollution control rules? |
| Step 2: |
If your operation meets the eligibility
requirements, gather information on your facility. Required
information includes: |
| • |
General
information about the facility, including
the name of the owner and operator, a general description of
the processes used and products produced by the facility where
the Tier I source is located, and a general description of each
process line affecting the Tier I source. |
| • |
Specific
information for each emissions unit, including
quantifiable emission rates; identification and quanitification
of all fuels, fuel use, raw materials, production rates, and
operating schedules; and identification and description of all
air pollution control equipment and compliance monitoring devices
or activities. Additional information may be required. |
| • |
Compliance
information, including a detailed description
of the method(s) used for determining the compliance status
of each emissions unit with each applicable requirement, with
a description of any monitoring, recordkeeping, reporting, and
test methods that were used, and a compliance plan and schedule.
|
| Step 3: |
Complete
the application form and submit it to DEQ. Keep a copy for
your records. DEQ will notify you within 60 days whether your
application is complete or more information is needed.
Link to Tier
I operating permit application forms. |
|
| |
| Renewal Procedures |
Idaho's
Rules for the Control of Air Pollution (IDAPA 58.01.01.313.03)
(pdf on Department of Administration Web site)
require Tier I facilities in Idaho to submit to DEQ a complete application
for renewal of their Tier I operating permit at least six months
prior to expiration of the existing permits. To ensure that permits
do not expire before they are renewed, facilities are encouraged
to submit applications to renew the permit nine months prior to
expiration. DEQ sends reminder letters to facilities 18 months prior
to expiration. Once DEQ receives the application to renew, the permitting
process follows the same steps as other Tier I permit applications.
Link to Tier
I operating permit application forms. |
| |
| Processing |
| In most cases, within 120 days after
DEQ determines that the application is complete, DEQ will prepare
a draft permit or draft denial. The public will be notified of the
draft permit via a notice in the local newspaper and will be given
30 days to comment. A public hearing may be held. DEQ will then consider
any comments received and, within 30 days after the public comment
period has ended, will prepare either a proposed permit or proposed
denial. The next step in the permitting process is review of the proposed
permit or denial by EPA. EPA has 45 days to review or object to the
proposed permit or denial. If no objection is received from EPA, the
proposed permit or denial will be issued. |
| |
| Registration and Fees |
| The Tier I operating permit fee is comprised
of a registration fee, a per-ton fee, and a fee-for-service, all of
which are assessed annually. The registration fee and per-ton fee
are based on the amount of emissions of the following regulated air
pollutants: oxides of sulfur (SOx), oxides of nitrogen (NOx), particulate matter (PM10),
and volatile organic compounds (VOC). The fee-for-service is assessed for
actual time expended and expenses incurred by DEQ. |
| |
Annual Registration |
Owners or operators of Tier I facilities
operated during the previous calendar year or any portion of the
previous calendar year are required by the Rules
for the Control of Air Pollution in Idaho (pdf
on Department of Administration Web site) to register annually
with DEQ. Annual registration consists of supplying required facility
and emission information, upon which DEQ calculates the annual registration
and per-ton fee and issues a fee assessment.
Key
Annual Registration Dates:
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April
1 of each year: |
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Registration
deadline |
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May
15 of each year: |
|
Date by which DEQ issues fee assessments |
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July
1 of each year: |
|
Fee payment deadline |
| |
|
|
|
Link to Tier
I annual registration online data entry system. |
| |
Annual Registration Fee |
The registration
fee for Tier I operating permits is assessed according to the following
schedule:
| |
|
| If emissions are: |
Registration fee
is: |
| At least 7,000 tons per year |
|
$71,500 |
|
| At least 4,500, but less than 7,000 tons per
year |
|
$42,900 |
|
| At least 3,000, but less than 4,500 tons per
year |
|
$28,600 |
|
| At least 1,000, but less than 3,000 tons per
year |
|
$22,750 |
|
| At least 500, but less than 1,000 tons per
year |
|
$11,050 |
|
| At least 200, but less than 500 tons per year
|
|
$7,150 |
|
| Less than 200 tons per year |
|
$3,575 |
|
|
| |
Annual Per-Ton Fee |
The annual
fee for Tier I operating permits is $39.48 per ton of regulated air
pollutants. Fees are capped as follows:
| |
|
| If emissions are: |
Per-ton fee cap
is: |
| At least 4,500 tons per year |
$143,000 |
|
| At least 3,000, but less than 4,500 tons per
year |
$71,500 |
|
| At least 1,000, but less than 3,000 tons per
year |
$35,100 |
|
| At least 500, but less than 1,000 tons per
year |
$25,025 |
|
| At least 200, but less than 500 tons per year
|
$10,725 |
|
| Less than 200 tons per year |
$3,575 |
|
|
| |
Fee-for-Service |
A fee-for-service
is required when Tier I sources request a permit renewal or modification,
or when they receive program maintenance services. Maintenance services
include, but are not limited to, site visits, modeling, responses
to public inquiries, responses to site questions, and opacity readings.
The fee-for-service is assessed
for actual time expended and expenses incurred by DEQ in the previous
calendar year, not to exceed $20,000 per facility per year. |
| |
Fee Exceptions |
| Any source exempt under the Rules
for the Control of Air Pollution in Idaho (IDAPA 58.01.01.396)
(pdf on Department of Administration Web site)
may not be subject to certain Tier I operating permit fees. Certain
sources may qualify for deferral from the Tier I operating permit
program under IDAPA
58.01.01.301 and, therefore, are not subject to Tier I fees, until
such time that a Tier I application or Tier I permit is required for
the source. |
| |
| Compliance Reporting |
| Under
the Tier I operating permit program, facilities in Idaho are required
to report to DEQ every six months on the status of compliance with
the conditions of their permit. The purpose of the reporting requirements
is to assure compliance with permit provisions. Reports are due
semiannually and annually.
Link to Tier
I operating permit compliance reporting forms and instructions. |
| |
Note:
This is a summary of Tier I operating permit requirements
and is not intended to be all-inclusive. Detailed requirements
are outlined in the Rules
for the Control of Air Pollution in Idaho (IDAPA 58.01.01.300-386).
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