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PM98-2:
Policy for No-net Increase (TMDL) |
Statement
of Purpose |
The
provisions listed in this policy provide the State of Idaho with
clarification on implementing IDAPA 16.01.02.054.04 and IDAPA 16.01.02.054.05
prior to the development and approval of a TMDL. |
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Statement
of Policy |
This
policy implements the provisions as described in IDAPA 16.01.02.054.04
and IDAPA 16.01.02.054.05 relating to the discharge of listed point
and nonpoint source pollutants on waters that have been shown to
not fully support their designated or existing beneficial uses.
As such, the provisions outlined in IDAPA 16.01.02.054.04 and IDAPA16.01.02.054.05,
and this policy are to be utilized in the interim period until the
Total Maximum Daily Load (TMDL) allocation has been completed or
the water body delisted.
This
policy should not be interpreted as requiring best management practices
for nonpoint source operations that are not adopted on a voluntary
basis unless otherwise outlined in applicable federal or state statute
or IDAPA 16 Title 01 Chapter 02. Additionally, this policy does
not generally pertain to accidental spills or unauthorized releases
that may occur on listed waters. However, DEQ must ensure that human
health along with the appropriate beneficial uses are protected
in the case of accidental spills or unauthorized releases, and could,
depending on the spill or release, require clean up. |
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Nonpoint
Source Provisions |
| 1. |
It is the responsibility
of the designated agency to ensure that cost effective best management
practices (BMPs) or knowledgeable and reasonable control measures,
including pollution trading have been or are properly implemented
(IDAPA 16.01.02.350.01) for all nonpoint source activities on federal,
state, or private lands. Where approved BMPs do not exist (approved
BMPs are listed in IDAPA 16.01.02.350.03), the landowner should be
assisted by the designated agency in using knowledgeable and reasonable
control measures to ensure no further impairments of beneficial uses
on low and medium priority waters, and that the load remains constant
or decreases on high priority waters. DEQ recommends monitoring as
a component of application of BMPs or other control measures. If monitoring
indicates that approved BMPs or other control measures are not maintaining
or protecting beneficial uses, then additional restrictions or modified
control measures may be imposed. |
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NPDES
Provisions |
| All NPDES permitted facilities
discharging to a '303(d) water quality limited water body will be
notified by the appropriate DEQ regional office staff member regarding
the provisions of this policy. |
| 1. |
The Clean Water Act requires all
point source dischargers to have a NPDES permit. In the event that
EPA cannot or does not issue a permit on a listed water body, DEQ
will notify the discharger of the applicable provisions specified
in IDAPA 16.01.02.054.04 or IDAPA16.01.02.054.05, and IDAPA 16.01.02.080. |
| 2. |
A facility will be allowed to discharge
to its existing maximum NPDES permit limit without being considered
in violation of IDAPA 16.01.02.054.04 or IDAPA16.01.02.054.05. However,
dischargers of listed pollutants to '303(d) waters should be aware
that interim increases in existing loads may result in the need for
greater load reduction once a TMDL is developed and implemented.
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| 3. |
A facility operating within its permitted
discharge limits will not have to change its discharge while the TMDL
is being developed. The NPDES permit and associated discharge will
be examined and modified, if necessary, by EPA at the time of permit
reissuance. |
| 4. |
When reviewing and approving plans
under Idaho Code '39-118 including facility plans, written or verbal
communication to the facility should emphasize that additional load
reductions from the facility may be likely or required once the TMDL
has been developed. |
| 5. |
When meeting the provisions of this
policy, a NPDES permittee should address new or increased discharge
of listed pollutants in terms of mass per unit time, toxicity, or
other appropriate measures. However, IDAPA 16.01.02.054.04 specifies
that for high priority waters, the total load must remain constant
or decrease within the watershed. |
| 6. |
To write a TMDL, DEQ will establish
loads based upon available information. However, where information
is lacking, facilities will be allowed to establish baseline data
for the listed pollutants using standard analytical methods. DEQ regions
shall issue a letter to each facility detailing that if baseline information
is not established by the discharger by a certain date, DEQ will proceed
to establish baseline information necessary for the development of
a TMDL. |
| 7. |
In situations where dischargers apply
to exceed their maximum permit limits, provisions of IDAPA 16.01.02.054
shall apply. For high priority waters, new or increased discharge
of pollutants of concern above permitted limits may be allowed if
the total load to the watershed remains constant or decreases. For
medium and low priority waters, DEQ may require changes in loads and/or
concentrations of pollutants of concern that prevent further impairment
of beneficial uses. In either case, it is incumbent on the facility
to provide loading calculations based on sound and accepted engineering
practices which demonstrate the applicable provision of IDAPA 16.01.02.054.
However, dischargers of listed pollutants to '303(d) waters should
be aware that interim increases in existing loads may result in the
need for greater load reduction once a TMDL is developed and implemented.
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| 8. |
Unpermitted facilities wishing to
expand their facility operations will be required to acquire an NPDES
permit from EPA and meet all applicable provisions of IDAPA 16.01.02.054.04
or IDAPA 16.01.02.054.05. |
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General
Provisions |
| 1. |
If DEQ determines, based on reliable
and verifiable water quality information, that a specific listed pollutant
is not impairing the '303(d) water body then delisting will be recommended
and a TMDL will not be developed for that pollutant and water body. |
| 2. |
Any facility or operation implementing
control measures after the WAG (if applicable) or BAG (in the absence
of a WAG) review of the subbasin assessment, and before EPA=s approval
of the TMDL that results in a verifiable reduction of listed pollutant(s)
to a 303(d) water quality limited water body will be credited with
the appropriate load reduction during the allocation phase of the
TMDL. However, this does not guarantee that additional load reductions
by the facility will not be required in order to meet water quality
goals necessary to obtain beneficial uses. |
| 3. |
All activities related to stream
channel alteration permit applications must comply with IDWR=s Rules
and Minimum Standards for Stream Channel Alteration. DEQ, while recognizing
the need for actions to protect ALife, Limb, and Property,@ shall
give IDWR written notice if a 303(d) stream will be impacted, and
caution that additional measures may need to be taken to later address
water quality once the immediate threat has passed. In any situation,
stream alteration activities shall not violate Idaho Water Quality
Standards except as outlined in IDAPA 16.01.02.080.02 Short Term Activity
Exemptions. |
| 4. |
All NEPA related activities are subject
to compliance with all applicable rules and regulations. During the
formal NEPA public comment period, DEQ shall notify the designated
agency when activities may impact a listed water. It is incumbent
on the designated agency to demonstrate that the activity under consideration
will result in no further impairments of the beneficial uses on low
and medium priority waters, and that the total load of listed pollutants
remains constant or decreases on high priority waters. |
| 5. |
DEQ has the authority to review storm
water pollution prevention plans for adequacy and compliance with
the provisions of IDAPA 16.01.02.054. Should these plans be deemed
inadequate, DEQ will notify EPA who is responsible for enforcement
and/or corrective actions. |
| 6. |
Pollution
trading to reduce the effects of increasing the load to a high priority
waters will be allowed as long as the total load remains constant
or decreases within the watershed. |
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Implementation |
This
policy shall be effective immediately.
DATED:
1998.
WALLACE
N. CORY, P.E.
ADMINISTRATOR |
