New Sources And New Discharges

01. New Source Determination. Except as provided in a new source performance standard, a source is a new source if it meets the definition in Section 010, and: (7-1-24) a. Is constructed at a site at which no other source is located; or (7-1-24) b. Totally replaces the process or production equipment that causes the discharge of pollutants at an IDAHO ADMINISTRATIVE CODE IDAPA 58.01.25 Department of Environmental Quality Idaho Pollutant Discharge Elimination System Rules Section 130 Page 67 existing source; or (7-1-24) c. Its processes are substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the Department will consider factors including the: (7-1-24) i. Extent the new facility is integrated with the existing plant; and (7-1-24) ii. Extent the new facility is engaged in the same general type of activity as the existing source. (7-1-24) 02. New Source vs. New Discharger. A source meeting the requirements of Subsection 120.01 is a new source only if a new source performance standard independently applies to it. If no independent standard applies, the source is a new discharger, as defined in Section 010. (7-1-24) 03. Modification vs. New Source/Discharger. Construction on a site where an existing source is located, results in a modification subject to Subsection 201.02, rather than a new source (or a new discharger) if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection 120.01, but otherwise alters, replaces, or adds to existing process or production equipment. (7-1-24) 04. New Source Construction. Construction of a new source commences when the owner or operator: (7-1-24) a. Begins a new or restarts a continuous on-site construction program: (7-1-24) i. Places, assembles, or installs facilities or equipment; or (7-1-24) ii. Significantly prepares the site, including clearing, excavation, or removal of existing buildings, structures, or facilities for the placement, assembly, or installation of new source facilities or equipment; or (7-1-24) b. Enters into a binding contractual obligation for purchasing facilities or equipment intended for use in its operation within a reasonable time. Items that do not constitute contractual obligations under this section include: (7-1-24) i. Options to purchase or contracts that can be terminated or modified without substantial loss; (7-1-24) ii. Contracts for feasibility engineering; and (7-1-24) iii. Design studies. (7-1-24) 121. -- 129. (RESERVED)