Department of
Environmental Quality

A permit by rule (PBR) enables the owner or operator of a facility that meets specific requirements to register with DEQ rather than obtain a permit to construct (PTC). Only facilities in certain industries (currently, rock crushers and certain dairies) may use a PBR instead of a PTC. Once registered, the facility is deemed to have a permit, thereby authorizing construction without the need to obtain a PTC before beginning operations.

The idea behind the PBR is to simplify the permitting process, minimize paperwork, and save time and money. The PBR registration fee is lower than the PTC application fee.

PBR Eligibility

Procedures and requirements for the portable rock crushers PBR are found in Sections 795-799 of the Rules for the Control of Air Pollution in Idaho. PBRs for other industries are being considered. The PBR for portable rock crushers took effect March 15, 2002. The rule applies to any combination of portable equipment used to crush or grind nonmetallic minerals, provided operations do not exceed 12 months at any single site.

Your operation is eligible for a PBR if:

• Your rock crushing equipment is portable, and
• Your equipment operates no longer than 12 consecutive months in a single location or site of operations, and
• You meet all the requirements of the rule.

If you do not qualify for a PBR, you must apply for an applicable air quality permit.

PBR Requirements

Electrical Generator

The electrical generator used to provide electrical power to a nonmetallic mineral processing plant must meet the following requirements at each site of operations:

• Use ASTM fuel oil grade 1 and 2 only. The sulfur content for grade 1 fuel oil cannot exceed 0.3% by weight; the sulfur content for grade 2 fuel oil cannot exceed 0.5% by weight.
• Not exceed the allowable hours of operation based on rated output capacity. Hours of operation must be limited in areas that do not meet air quality standards.
• Not generate visible emissions from generator stacks that exceed 20% opacity for a specified period of time.

Fugitive Dust Control

Fugitive dust emissions must be reasonably controlled at each site of operations, based upon best management practices outlined in the Rules for the Control of Air Pollution in Idaho. Five areas where fugitive dust must be controlled are:

• Paved public roadways
• Unpaved haul roads
• Transfer points, screening operations, and stacks and vents
• Crushers and grinding mills
• Stockpiles

A progressive control strategy must be used. If the initial control strategy does not work, successive strategies must be employed until the fugitive dust is adequately controlled. For example, the operator may first be required to remove mud, dirt or debris from a paved public roadway. If that action fails to reduce the dust, the operator may have to flush or vacuum the street, or even apply gravel to the surface of an adjacent unpaved haul road.

Monitoring and Recordkeeping

Operators are required to maintain receipts for fuel oil purchased and to monitor and maintain records of generator output and operating hours. In addition, records must be maintained when fugitive dust emissions control strategies are required to be implemented.

How to Apply and Pay Fee

To apply for a Permit by Rule for a Rock Crushing facility, complete and submit the Registration with Portable Equipment Relocation Form (PERF).

Submit an application fee of $250 with registration form. Payment may be made by check, credit card/e-check, or bank wire transfer.

If paying by check:

• Make check payable to: Idaho Department of Environmental Qualit
• Send completed registration form and check to:
  Idaho Department of Environmental Quality
  Attn: Fiscal Office - Air Quality Program
  1410 N. Hilton
  Boise, ID 83706

If paying by credit card/E-check:

• Send completed registration form to:
  Idaho Department of Environmental Quality
  Attn: Air Quality Program
  1410 N. Hilton
  Boise, ID 83706
• To pay fees, link to Access Idaho website at
  https://www.accessidaho.org/ai/payport/online/deq/index.html
  (Note: Convenience fee of 3% applies to credit card payments, $5 to E-check payments.)

If paying by bank wire transfer:

• Send completed registration form to:
  Idaho Department of Environmental Quality
  Attn: Air Quality Program
  1410 N. Hilton
  Boise, ID 83706
• To pay fees, contact Claudia Clark, DEQ Fiscal Office
  claudia.clark@deq.idaho.gov
  (208) 373-0172

Allow 15 days for processsing before starting operation or modification. DEQ will acknowledge your registration in writing within 15 days, at which time you may begin operating under the PBR.

Term

Once registered, you will be able to operate under the PBR indefinitely, as long as all provisions of the PBR are met. If you modify your facility and/or add equipment, you will need to re-register or apply for an air quality permit.

If You Already Have a PTC or Tier II Operating Permit

If you already have a valid PTC or Tier II operating permit and now find you qualify or want to operate under a PBR, you may opt to terminate your current permit and comply with the PBR. Simply submit a PBR registration form and any required fee and notify DEQ in writing that you would like to terminate your current permit.

Note: This is a summary of PBR requirements and is not intended to be all-inclusive. Detailed requirements are outlined in DEQ's Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01.795).