Protecting Public Health and the Environment.
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.
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:
A Tier I operating permit may be required for minor (or area) sources that are subject to:
Read these documents first to gain an understanding of the air quality permitting process:
Evaluate your eligibility. Do your equipment and operations meet the requirements established in Idaho's air pollution control rules?
If your operation meets the eligibility requirements, gather information on your facility. Required information includes:
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.
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.
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.
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 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:
The registration fee for Tier I operating permits is assessed according to the following schedule:
The annual fee for Tier I operating permits is $39.48 per ton of regulated air pollutants. Fees are capped as follows:
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.
Any source exempt under Section 396 of the Rules for the Control of Air Pollution in Idaho 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 Section 301 of the Rules for the Control of Air Pollution in Idaho 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.
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.
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).
Air Quality Permitting Hotline1-877-5PERMIT (1-877-573-7648)Call to set up a meeting or ask air quality permitting questions.
Stationary Source Permit Program CoordinatorBill RogersDEQ State OfficeAir Quality Division1410 N. HiltonBoise, ID 83706(208) email@example.com
Point Source Survey Tool (POSST)Use this application to register and report emissions annually.
New Source Performance Standards (NSPS)National Emissions Standards for Hazardous Air Pollutants (NESHAPs)Air Quality Permitting Forms & Checklists