Protecting Public Health and the Environment.

Idaho Pollutant Discharge Elimination System Program: Docket No. 58-0125-1401 - Final Rule

Rulemaking initiated to implement Idaho Code § 39-175C, which directed DEQ to seek approval of a National Pollutant Discharge Elimination System (NPDES) program.

Public Comment Opportunities | Negotiated Rulemaking History

Status of Rulemaking

Final rule effective March 24, 2016.

Effective Date

March 24, 2016

Overview

This rulemaking has been initiated to implement Idaho Code § 39-175C, which directed DEQ to seek approval of a National Pollutant Discharge Elimination System (NPDES) program. These rules will be promulgated under a new DEQ rule chapter, "Rules Regulating the Idaho Pollutant Discharge Elimination System Program," IDAPA 58.01.25.

In order to gain approval of the program, DEQ must have rules in place that meet the requirements of the Clean Water Act and federal regulations. These rules will establish procedures for submitting permit applications, writing and issuing IPDES permits, filing appeals, fee structures, developing general permits, and other required components of an NPDES program. DEQ negotiated certain elements of the IPDES program including the permit application process, the appeals process, the fee structure, and compliance enforcement with IPDES permits. With respect to required NPDES program components, federal regulations have been incorporated by reference into the proposed rules.

After consideration of public comments, the rule has been revised at Sections 010, 090, 101 through 109, 130, 200, 204, 300 through 303, 305, and 370. The remainder of the rule has been adopted as initially proposed. Adoption of Sections 002 and 204 is contingent upon the 2016 Idaho Legislature enacting legislation modifying Idaho law with respect to the public records law and the IPDES appeals process.

FEE SUMMARY: Pursuant to Section 39-175C(2), Idaho Code, the Board of Environmental Quality is authorized to proceed with negotiated rulemaking and all other actions that may eventually be necessary to obtain approval of a state NPDES program by the United States Environmental Protection Agency including rules authorizing the collection of reasonable fees for processing and implementing an NPDES permit program. Such fees shall not be assessed or collected until the state obtains an approved NPDES program consistent with the requirements of Section 39-175C, Idaho Code. Section 110 of the rule imposes an annual fee which must be paid for each year beginning one year after the effective date of the IPDES program for the affected category of discharger.

INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief synopsis of why the incorporation by reference is necessary:

Incorporating the federal regulations by reference benefits the agency and simplifies the overall rule chapter by incorporating those sections of the federal regulations that must be adhered to in the course of developing an IPDES program. This reduces the overall costs of the rule and will allow the agency to adhere to the legally mandated deadline of submitting a complete application to EPA by September of 2016. The alternative to incorporating the federal regulations by reference is to restate the federal regulations in the new IPDES rules. This approach allows for the regulated public to have the entire rule set in one location rather than having to search out 40 CFR chapters. The downside is additional rulemaking pages and the associated annual rule administrative costs.

Public Comment Opportunities/Proposed Rule

Submit all written comments by mail, fax or email to:

Paula Wilson
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481, paula.wilson@deq.idaho.gov

Comment Period/Proposed Rule

September 2, 2015 through October 2, 2015

No public hearings have been scheduled.

Written Public Comments

Submitted by Date Received
 Idaho Mining Association (IMA) 10/02/15
Idaho Association of Commerce and Industry (IACI) 10/02/15
EPA Region 10 10/02/15
Idaho Water Users Association (IWUA) 10/02/15
Idaho Rivers United 10/05/15

Negotiated Rulemaking History

The text of the proposed rule has been drafted based on discussions held and concerns raised during negotiations conducted pursuant to Idaho Code § 67-5220 and IDAPA 58.01.23.810-815. The Notice of Negotiated Rulemaking was published in the November 2014 Idaho Administrative Bulletin, Vol. 14-11, and a preliminary draft rule was made available for public review. Eight meetings were held between December 2014 and July 2015. Members of the public participated in this negotiated rulemaking process by attending the meetings and by submitting written comments. A record of the negotiated rule drafts, written comments, documents distributed during the negotiated rulemaking process, and the negotiated rulemaking summary is available below.

All comments received during the negotiated rulemaking process were considered by DEQ when making decisions that resulted in drafting the proposed rule. At the conclusion of the negotiated rulemaking process, DEQ formatted the final rule draft for publication as a proposed rule. DEQ is now seeking public comment on the proposed rule.

Negotiated Rulemaking Meeting Schedule

No additional meetings scheduled.

Previous Meetings

Draft Negotiated Rule and Related Documents

Due to the nature of this rulemaking, the rule drafts provided by DEQ for review and comment will contain rule sections based on the topics of meeting discussion. The reviewed sections will be inserted into a complete rule chapter later in the process.

Draft Negotiated Rule: Complete Draft IPDES Rules

Draft Negotiated Rule Date Posted Date of Meeting Discussion Written Comment Deadline
Complete Draft IPDES Rules – version 3

08/11/15

N/A The comment period for this negotiated rulemaking has concluded. The comment period on the proposed rule will commence upon publication of the proposed rule in the September 2, 2015 issue of the Idaho Administrative Bulletin.
Complete Draft IPDES Rules – Version 2

07/10/15

07/10/15

07/24/15

Complete Draft IPDES Rules

IPDES Rules Draft 1 – 6 and Definitions – DEQ PowerPoint Presentation

07/06/15

 

07/10/15

07/10/15

07/24/15

Written Public Comments

Comment Submitted by Date Received
Complete Draft IPDES Rules – version 2 Clear Springs Foods, Inc. 07/21/15
Complete Draft IPDES Rules – version 2 Idaho Water User's Association (IWUA) 07/23/15
Complete Draft IPDES Rules – version 2 Idaho Mining Association (IMA) 07/24/15
Complete Draft IPDES Rules – version 2 Idaho Association of Commerce and Industry (IACI) 07/24/15
Complete Draft IPDES Rules – version 2 Idaho Conservation League (ICL) 07/24/15
Complete Draft IPDES Rules – version 2

Sawtooth Law Offices, PLLC

Submitted on behalf of Idaho Dairymen's Association
07/24/15
Complete Draft IPDES Rules – version 2 City of Meridian 07/24/15
Complete Draft IPDES Rules – version 2 Idaho Aquaculture Association (IAA) 07/24/15
Complete Draft IPDES Rules – version 2 EPA Region 10 07/24/15

Draft Negotiated Rule: Combined Drafts 1 through 4 and Definitions

Draft Negotiated Rule Date Posted Date of Meeting Discussion Written Comment Deadline

Combined Drafts 1 through 4 and Definitions

IPDES Rules Draft 1 – 4 and Definitions – DEQ PowerPoint Presentation

06/05/15

 

06/12/15

06/12/15

06/26/15

Written Public Comments

Comment Submitted by Date Received
Combined Drafts 1 through 4 and Definitions Idaho National Laboratory (INL) 06/25/15
Combined Drafts 1 through 4 and Definitions Idaho Farm Bureau 06/26/15
Combined Drafts 1 through 4 and Definitions Association of Idaho Cities (AIC) 06/26/15
Combined Drafts 1 through 4 and Definitions Idaho Conservation League (ICL) 06/26/15
Combined Drafts 1 through 4 and Definitions Idaho Water User's Association (IWUA) 06/26/15

Draft Negotiated Rule: Administrative Appeal Options

Draft Negotiated Rule Date Posted Date of Meeting Discussion Written Comment Deadline

Draft No. 6.0

Administrative Appeal Options – IPDES Discussion Paper #6

IPDES Administrative Appeals – DEQ PowerPoint Presentation

06/05/15

 

 

06/12/15

06/12/15

06/26/15

Written Public Comments

Comment Submitted by Date Received
Draft No. 6.0 EPA Region 10 06/25/15
Draft No. 6.0 Idaho Mining Association (IMA) 06/26/15
Draft No. 6.0 Idaho Association of Commerce and Industry(IACI) 06/26/15
Draft No. 6.0 Association of Idaho Cities (AIC) 06/26/15
Draft No. 6.0 Idaho Conservation League (ICL) 06/26/15

Draft Negotiated Rule: Fee Schedules

Draft Negotiated Rule Date Posted Date of Meeting Discussion Written Comment Deadline
Draft No. 5.1

06/05/15

06/12/15

The comment period for this draft has concluded. Additional opportunities to comment will be provided throughout the rulemaking process.

Draft No. 5.0

Fee Schedules - IPDES Discussion Paper #5

IPDES Fee Schedule and Administration – DEQ PowerPoint Presentation

Fee Schedule Proposal – DEQ Spreadsheet

05/08/15

 

 

05/18/15

 

05/18/15

05/15/15

05/29/15

Written Public Comments

Comment Submitted by Date Received
Draft No. 5.0 Idaho Farm Bureau 05/22/15
Draft No. 5.0 EPA Region 10 05/29/15
Draft No. 5.0 Idaho Conservation League (ICL) 05/29/15
Draft No. 5.0 City of Twin Falls 07/22/15

Draft Negotiated Rule: New Sources and New Dischargers, General Permits, Pretreatment Standards, Sewage Sludge, Enforcement, and Data Management and Reporting

Draft Negotiated Rule Date Posted Date of Meeting Discussion Written Comment Deadline
Draft No. 4.1 05/08/15 05/15/15 The comment period for this draft has concluded. Additional opportunities to comment will be provided throughout the rulemaking process.

Draft No. 4.0

New Sources and New Dischargers, General Permits, Pretreatment Standards, Sewage Sludge, Enforcement, and Data Management and Reporting - IPDES Discussion Paper #4

New Sources and New Dischargers, General Permits, Pretreatment Standards, Sewage Sludge, Enforcement, and Data Management and Reporting - DEQ PowerPoint Presentation

04/10/15

 

 

 

 

 

 

04/20/15

04/17/15 05/01/15

Written Public Comments

Comment Submitted by Date Received
Comment on Draft No. 4.0 Idaho Mosquito and Vector Control Association (IMVCA) 04/13/15
Comment on Draft No. 4.0 EPA Region 10 05/01/15
Comment on Draft No. 4.0 Idaho Conservation League 05/01/15
Comment on Draft No. 4.0 Idaho Water Users Association 05/01/15

Draft Negotiated Rule: Permit Conditions, Compliance Schedules, Modifications, Revocations, Termination, and Transfer

Draft Negotiated Rule Date Posted Date of Meeting Discussion Written Comment Deadline
Draft No. 3.1 04/10/15 04/17/15 The comment period for this draft has concluded. Additional opportunities to comment will be provided throughout the rulemaking process.

Draft No. 3.0

Permit Conditions, Renewal, Modification, Revocation, Transfer, Termination, Monitoring Requirements, Variances, and Compliance Schedules - IPDES Discussion Paper #3

IPDES Permit Renewal, Modification, Revocation and Reissuance, Transfer, Termination, Conditions, Provisions, Monitoring and Reporting, Compliance Schedules, and Variances - DEQ PowerPoint Presentation

03/13/15

 

 

 

 

 

03/23/15

03/20/15 04/03/15

Written Public Comments

Comment Submitted by Date Received
Comment on Draft No. 3.1 Sorrento Lactalis 04/17/15
Comment on Draft No. 3.0 Idaho Conservation League (ICL) 04/01/15
Comment on Draft No. 3.0 EPA Region 10 04/03/15
Comment on Draft No. 3.0 City of Post Falls 04/03/15
Comment on Draft No. 3.0 Clearwater Paper 04/03/15
Comment on Draft No. 3.0 Association of Idaho Cities (AIC) 04/07/15
Comment on Draft No. 3.0 Idaho Mining Association (IMA) 04/08/15

Draft Negotiated Rule: Application Requirements, Permitting Process (Deadlines and Review), Public Notice and Comment in Permitting

Draft Negotiated Rule Date Posted Date of Meeting Discussion Written Comment Deadline
Draft No. 2.1 03/13/15 03/20/15 The comment period for this draft has concluded. Additional opportunities to comment will be provided throughout the rulemaking process.

Draft No. 2.0

Permitting Process - IPDES Discussion Paper #2

IPDES Permitting Process, Application Requirements and Public Notification & Comment - DEQ PowerPoint Presentation

02/13/15

 

 

 

02/24/15

02/20/15 03/06/15

Written Public Comments

Comment Submitted by Date Received
Comment on Draft No. 2.1 Association of Idaho Cities (AIC) 04/07/15
Comment on Draft No. 2.0 Idaho Water User's Association (IWUA) 02/17/15
Comment on Draft No. 2.0 Moore Smith Buxton & Turcke, Chtd. 02/20/15
Comment on Draft No. 2.0 City of Meridian 03/03/15
Comment on Draft No. 2.0 EPA Region 10 03/06/15
Comment on Draft No. 2.0 Idaho Conservation League (ICL) 03/06/15
Comment on Draft No. 2.0 Amalgamated Sugar Company 03/06/15

Draft Negotiated Rule: Confidentiality of Information and Incorporation by Reference

Draft Negotiated Rule Date Posted Date of Meeting Discussion Written Comment Deadline
Draft No. 1.1 02/13/15 02/20/15

03/06/15

The comment period for this draft has concluded. Additional opportunities to comment will be provided throughout the rulemaking process.

Draft No. 1

Incorporate Pertinent NPDES Rules by Reference or Reprint Pertinent NPDES Rules - IPDES Discussion Paper #1

Incorporate Pertinent NPDES Rules by Reference or Reprint Pertinent NPDES Rules - DEQ PowerPoint Presentation

01/16/15

 

 

 

 

 

01/28/15

01/23/15 02/06/15

Written Public Comments

Comment Submitted by Date Received
Comment on Draft No. 1.1 Association of Idaho Cities (AIC) 04/07/15
Comment on Draft No.1.1 Idaho Conservation League (ICL) 03/06/15
Comment on Draft No. 1 Idaho Association of Commerce and Industry (IACI) 02/06/15
Comment on Draft No. 1 U.S. EPA Region 10 02/06/15
Comment on Draft No. 1 Idaho Conservation League (ICL) 02/06/15
Comment on Draft No. 1 Idaho Mining Association (IMA) 02/05/15

Response to Comments/Negotiated Rulemaking

Document Topic of Rule Draft Date Posted
Response to Comments on Complete Draft IPDES Rules

Complete Draft IPDES Rules

08/11/15
Response to Comments on Draft 6.0 and Combined Drafts 1 through 4 and Definitions

Administrative Appeal Options and Combined Drafts 1 through 4 and Definitions

07/06/15

Response to Comments on Draft 5.0

Fee Schedules

06/05/15

Response to Comments on Draft 4.0 and Definitions

 

IPDES Rules Draft 4.1 and Response to Comments - DEQ PowerPoint Presentation

New Sources and New Dischargers, General Permits, Pretreatment Standards, Sewage Sludge, Enforcement, and Data Management and Reporting

05/08/15

 

 

 

05/18/15

Response to Comments on Draft 3.0

Response to Comments on Draft 3.0 – DEQ PowerPoint Presentation

Permit Conditions, Compliance Schedules, Modifications, Revocations, Termination, and Transfer

04/10/15

 


04/20/15

Response to Comments on Draft 2.0

 

Response to Comments on Draft 2.0 - DEQ PowerPoint Presentation

Application Requirements, Permitting Process (Deadlines & Review), Public Notice and Comment in Permitting

03/13/15

 

 

 

03/23/15

Response to Comments on Draft 1.1 Program Analysis, Incorporation by Reference, Confidential Business Information 02/13/15

Documents Distributed for Negotiated Rulemaking

June 12, 2015 Meeting: Administrative Appeal Options

Meeting Presentations Date Posted

Administrative Appeal Options - IPDES Discussion Paper #6

IPDES Rules Draft 1 – 4 and Definitions – DEQ PowerPoint Presentation

IPDES Administrative Appeals – DEQ PowerPoint Presentation

06/05/15

06/12/15


06/12/15

May 15, 2015 Meeting: Fee Schedules

Meeting Presentations Date Posted

Fee Schedules - IPDES Discussion Paper #5

IPDES Fee Schedule and Administration – DEQ PowerPoint Presentation

Fee Schedule Proposal – DEQ Spreadsheet

05/08/15

05/18/15


05/18/15

April 17, 2015 Meeting: New Sources and New Dischargers, General Permits, Pretreatment Standards, Sewage Sludge, Enforcement, and Data Management and Reporting

Meeting Presentations Date Posted

New Sources and New Dischargers, General Permits, Pretreatment Standards, Sewage Sludge, Enforcement, and Data Management and Reporting - IPDES Discussion Paper #4

New Sources and New Dischargers, General Permits, Pretreatment Standards, Sewage Sludge, Enforcement, and Data Management and Reporting - DEQ PowerPoint Presentation

04/10/15

 

 

04/20/15

March 20, 2015 Meeting: Permit conditions, Compliance schedules, Modifications, Revocations, Termination, and Transfer

Meeting Presentations Date Posted

Permit Conditions, Renewal, Modification, Revocation, Transfer, Termination, Monitoring Requirements, Variances, and Compliance Schedules - IPDES Discussion Paper #3

IPDES Permit Renewal, Modification, Revocation and Reissuance, Transfer, Termination, Conditions, Provisions, Monitoring and Reporting, Compliance Schedules, and Variances - DEQ PowerPoint Presentation

03/13/15

 

 

03/23/15

February 20, 2015 Meeting: Application Requirements, Permitting Process (Deadlines and Review), Public Notice and Comment in Permitting

Meeting Presentations Date Posted
Permitting Process - IPDES Discussion Paper #2 02/13/15

IPDES Permitting Process, Application Requirements and Public Notification & Comment - DEQ PowerPoint Presentation

02/24/15

January 23, 2015 Meeting: Incorporation by Reference, Confidentiality, Program Costs, Limits Set by Idaho Code

Meeting Presentations Date Posted
Report on State NPDES Permitting Program Structures, Association of Clean Water Administrators (ACWA), June 2014 01/28/15
Idaho Statutes that Set Limits on IPDES Rulemaking - DEQ PowerPoint Presentation 01/28/15

Incorporate Pertinent NPDES Rules by Reference or Reprint Pertinent NPDES Rules - IPDES Discussion Paper #1

Incorporate Pertinent NPDES Rules by Reference or Reprint Pertinent NPDES Rules - DEQ PowerPoint Presentation

01/16/15

 

01/28/15

IPDES Program Analysis

IPDES Program Analysis - DEQ PowerPoint Presentation

Updated IPDES Program Analysis PowerPoint Presentation Slide (addition of columns showing number of individual permittees and general permittees in Region 10 and other neighboring states)

01/16/15

01/28/15

Confidential Business Information Memorandum 01/16/15

December 2, 2014 Meeting

Idaho's Application for NPDES Delegated Authority – DEQ PowerPoint Presentation 12/04/14
Meeting Presentation Date Posted

Miscellaneous Documents

Document Date Posted
Negotiated Rulemaking Summary 09/02/15
Proposed Definitions for IDAPA 58.01.25 04/10/15
DRAFT CBI legislation for 2016 SESSION (Idaho Code 9-342) 01/16/15
Memorandum of Agreement Between EPA, Fish and Wildlife Service and National Marine Fisheries Service Regarding Enhanced Coordination Under the CWQ and ESA 12/04/14
Idaho Code §§ 39-175A, 39-175B, 39-175C 12/04/14
NPDES Program State Authorization Guidance, March 2014 (Draft) 11/19/14
2014 House Bill 406 (Idaho Code § 39-175C) 10/29/14
Proposed Rule Cost/Benefit Analysis 10/28/14
List of federal regulations that may be proposed for incorporation by reference 10/28/14
Rulemaking Schedule 10/28/14

Page Subscription

Staff Contacts

IPDES Program Manager
Mary Anne Nelson
DEQ State Office
Water Quality Division
1410 N. Hilton
Boise, ID 83706
(208) 373-0291
mary.anne.nelson@deq.idaho.gov

Administrative Rules Coordinator
Paula Wilson
DEQ State Office
Attorney General's Office
1410 N. Hilton
Boise, ID 83706
(208) 373-0418
paula.wilson@deq.idaho.gov

Related Pages

DEQ Rulemakings

Idaho Pollutant Discharge Elimination System Program Development