Permit to Construct
An air quality permit to construct (PTC) is required prior to construction or modification of buildings, structures, and installations that emit, or may emit, pollutants into the air. Procedures and requirements for PTCs are found in the Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01.201–228).
Who Needs a PTC?
Note:
To enhance the likelihood of obtaining an application completeness determination, owners/operators of stationary sources
who anticipate applying for a permit to construct are advised to
contact DEQ's hotline (1-877-5PERMIT)
to set up a preapplication meeting
before submitting a permit application.
Idaho's air pollution control rules require the owner or operator of any stationary source that emits or may emit air pollution to obtain a PTC from DEQ before beginning construction or modifying the source (unless the activity is specifically exempt from the need to obtain a permit).
- A stationary source is defined as "any building, structure, emissions unit, or installation which emits or may emit any air pollutant."
- Commencement of construction or modification is, in part, defined as "to engage in a continuous program of construction or modification, or to engage in a program of planned grading, dredging, or land filling, specifically designed for the stationary source or facility in preparation of the fabrication, erection, or installation of the building components of the stationary source or facility."
PTCs are required for certain portable equipment as well, such as generators, crushing equipment, asphalt plants, and concrete batch plants.
Exceptions
Portable rock crushers that meet certain criteria may operate under a permit by rule (PBR) instead of a PTC. Dairies also may have the option to obtain a permit by rule. Petroleum (gasoline diesel and aviation fuel) remediation projects that meet certain design specifications have been specifically exempted from the need to obtain a PTC. Mobile internal combustion engines (cars, trucks, and heavy construction equipment) are not considered stationary sources.
Permit Application Process
Read these documents first to gain an understanding of the air quality permitting process:
- Applicant and DEQ Responsibilities
- Standard Process Pre-application Meeting Agenda
- 15-Day Process Pre-application Meeting Agenda
- Emissions Data Hierarchy Guidance
- Facility Name Changes for Holders of Permit to Construct and Tier II Operating Permits
Application Forms and Checklists
PTC application forms and checklists are provided for sources requiring this permit. The first step to submitting a successful air quality permit application is to read, Air Quality Permits: Applicant and DEQ Responsibilities. This document provides applicants with a basic understanding of DEQ's air quality permitting process, describes applicant responsibilities, and explains how DEQ will interact with applicants throughout the permitting process. Applicants are encouraged to contact the Air Quality Division to discuss permit application requirements early in the application process.
Applications submitted to DEQ for an air quality permit must be made on forms developed by DEQ. If you have questions about which form to use or about the application forms in general, call the permit hotline at 1-877-5PERMIT (1-877-573-7648).
Fees
Both an application fee and and a processing fee are required to obtain a PTC.
Application Fee
An application fee of $1,000 is required with any PTC application submitted to DEQ. DEQ will not begin processing the application until the application fee is received.
Processing Fee
A PTC processing fee is assessed for each PTC that is issued, based on any increase in air pollution emissions resulting from the permitted project. DEQ calculates and assesses PTC processing fees according to the following schedule (fugitive emissions are excluded):
| Permit to Construct | Fee | Fee Payment |
| General Permit1 | $500 | Submit upon receipt of DEQ assessment. Must be paid in full before the final permit will be issued. |
| Emissions < 1 ton per year | $1,000 | |
| Emissions = 1-10 tons per year | $2,500 | |
| Emissions = 10-100 tons per year | $5,000 | |
| Emissions > 100 tons per year (exempt under IDAPA 58.01.01.205.04)2 |
$7,500 | |
| Emissions > 100 tons per year (not exempt under IDAPA 58.01.01.205.04) |
$10,000 | |
| Modification with no engineering analysis | $250 |
1 General permit facilities include portable concrete batch plants, hot mix asphalt plants, and rock crushing plants.
2 IDAPA 58.01.01.205.04 lists sources exempt from the permit requirements for new facilities or major modifications in attainment or unclassifiable areas.
How to Send Payment
| Pay by check |
Make check payable to the Idaho Department of Environmental Quality, and send completed application and check to the following:
|
| Pay by credit card/E-check |
Link to Access Idaho website at |
| Pay by bank wire transfer |
Contact Katie Bennett, DEQ Fiscal Office |
Fee Exceptions
PTC application and processing fees are not required for the following:
- Exempted sources listed in the Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01.220–223), or
- Changes to correct typographical errors, or
- Changes in name or ownership of the holder of a PTC when DEQ determines no other review or analysis is required.
15-Day Pre-Permit Construction Approval
The 15-Day Pre-Permit Construction Approval is available only for sources that satisfy all of the following conditions:
- Have completed a comprehensive air quality assessment and regulatory review.
- Are not proposing a new major facility or a major modification.
- Are not using emission offsets (netting).
- Are willing to commence construction at their own risk prior to issuance of a PTC. A risk exists because the owner or operator may not operate the source until a PTC is issued. Thus, if a PTC is ultimately denied, or is issued but contains limits unacceptable to the permittee, the permittee may simply be out the money spent constructing an inoperable source.
Relocating Your Portable Equipment?
Do not forget to submit a portable-equipment relocation notice at least 10 days in advance of relocating portable equipment.
Air Modeling
Air modeling is required for certain permitting actions—including PTCs—to demonstrate that all applicable ambient air quality standards will be met if the proposed construction or facility modification is completed or that an existing facility is complying with the the standards.
A DEQ guidance document has been developed to help air permit applicants understand DEQ’s expectations for ambient air impact analysis and prevent unnecessary delays in the permit process. The guideline describes when modeling is required; explains applicable standards, methodology, and analysis; and provides checklists and templates for conducting modeling and reporting modeling results.
General PTC for Automotive Coating Operations
Facilities that apply paint to vehicles as a commercial business in Idaho are subject to Idaho's air permitting requirements. Depending on volume of coating materials used and other factors, facilities may be required to obtain either a facility specific PTC (described above) or a streamlined general PTC. (An exemption may also apply.) Learn more about the General PTC for Automotive Coating Operations here.
Hot-Mix Asphalt Plants
Because most hot-mix asphalt plants have specific pieces of permitted equipment, DEQ has created a streamlined permitting process for these operations. Learn more.
Concrete Batch Operations
Because most concrete batch plants have similar types of equipment that generates air emissions, DEQ has created a streamlined permitting process where these operations may obtain a general rather than a facility-specific permit to construct. Learn more.
Permit to Construct Exemption
Certain sources may be exempt from the requirement to obtain a PTC. DEQ has developed an exemption form and supporting documentation to assist businesses in determining whether they qualify for an exemption and submitting an exemption request. Learn more.