Protecting Public Health and the Environment.

Idaho Pollutant Discharge Elimination System Program: Docket No. 58-0125-2001 Negotiated Rulemaking

Rulemaking initiated to ensure the Rules Regulating the Idaho Pollutant Discharge Elimination System (IPDES) Program, IDAPA 58.01.25, remain consistent with federal regulations and to make clarifications in response to ambiguities identified during DEQ’s administration of the IPDES program.

Status of Rulemaking

All IDAPA 58 temporary fee rule chapters, including the revisions negotiated under Docket No. 58-0125-2001, will be published as proposed rules in Omnibus Rulemaking Docket No. 58-0000-2000F in the special edition of the Idaho Administrative Bulletin on September 16, 2020; comment deadline October 16, 2020.

A revised negotiated rule draft has been posted. The revisions are based on DFM review for compliance with Executive Order 2020-01, Zero-Based Regulation. This draft has been formatted for publication as a proposed rule.

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

To maintain delegated authority for the IPDES program, state rules need to be updated routinely to maintain consistency with federal regulations implementing the Clean Water Act. The purpose of this rulemaking is to ensure the Rules Regulating the Idaho Pollutant Discharge Elimination System (IPDES) Program, IDAPA 58.01.25, remain consistent with federal regulations and to make clarifications in response to ambiguities identified during DEQ’s administration of the IPDES program.

In 2015, 2017, 2019, and 2020, updated federal regulations became effective for National Pollutant Discharge Elimination System (NPDES) permitting authorities. These regulations require commensurate changes to portions of the IPDES rules with regard to updating definitions, applications, and reporting requirements for the state and facilities permitted under the program. DEQ is proposing to update those items incorporated by reference impacted by the federal changes. DEQ also proposes changes to the IPDES rules to clarify requirements related to fee payment, public comments, appeals, and other ambiguities identified since implementation of the program in July 2018.

This proposed rule updates federal regulations incorporated by reference with the July 1, 2020 Code of Federal Regulations (CFR) effective date. To maintain consistency for all federal regulations listed in IDAPA 58.01.25.003, this update includes the regulations that have not been revised since the initial incorporation by reference. DEQ negotiated the original rule language and incorporated by reference federal regulations affecting the program.

Negotiated Rulemaking Schedule

No additional meetings are scheduled.

Previous Meetings

May 21, 2020 - Agenda | Participant List
April 14, 2020
 - Agenda | Participant List

Public Comment Opportunities

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

Rule Documents and Meeting Presentations Date Posted Date of Meeting Discussion Written Comment Deadline

Negotiated Rule Draft No. 4

9/04/20 NA

This draft includes revisions based on review by the Division of Financial Management for compliance with Executive Order No. 2020-01, Zero-Based Regulation, and has been formatted for publication as a proposed rule.

The proposed rule will be published in Omnibus Rulemaking Docket No. 58-0000-2000F.

Negotiated Rule Draft No. 3

Discussion Paper #3: Idaho Pollutant Discharge Elimination System Rule Update (June 2020)

7/23/20 NA

DEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the special edition of the Idaho Administrative Bulletin on September 16, 2020; comment deadline October 16, 2020. 

Negotiated Rule Draft No. 2 

Discussion Paper #2: Idaho Pollutant Discharge Elimination System Rule Update (May 2020)
5/13/20 5/21/20 6/2/20
Discussion Paper #1: Idaho Pollutant Discharge Elimination System Rule Update (April 2020) 04/13/20 4/14/20 N/A
Preliminary Draft Rule (Draft No. 1) 4/01/20 4/14/20 4/23/20

 

Written Public Comments
Comment Submitted By Date Received
Comment on Negotiated Rule Draft No. 2 IDEXX Water 5/19/20
Comment on Preliminary Draft Rule (Draft No. 1) Association of Idaho Cities (AIC) 4/30/20
Comment on Preliminary Draft Rule (Draft No. 1)  Idaho Conservation League (ICL)  4/23/20
Comment on Preliminary Draft Rule (Draft No. 1) Riley Stegner and Associates on behalf of Bennett Lumber Products, Hancock Forest Management, Molpus Woodlands Group, PotlatchDeltic, and Stimson Lumber Company 4/23/20
Comment on Preliminary Draft Rule (Draft No. 1)

Parsons Behle & Latimer on behalf of Aberdeen-Springfield Canal Company

4/23/20
Comment on Preliminary Draft Rule (Draft No. 1)

Clearwater Paper

4/17/20
Comment on Preliminary Draft Rule (Draft No. 1)

IDEXX Water

4/16/20

 

DEQ Response to Comments/Negotiated Rulemaking
DEQ Response to Comments on Negotiated Rule Draft No. 2 - June 2, 2020 Comment Deadline 
DEQ Response to Comments on Preliminary Draft Rule - April 23, 2020 Comment Deadline

Staff Contacts

IPDES Bureau Chief
Troy Smith
DEQ State Office
Water Quality Division
1410 N. Hilton
Boise, ID 83706
(208) 373-0488
troy.smith@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