Idaho Pollutant Elimination System: Docket No. 58-0125-1701 - Final Rule
Rulemaking initiated to ensure that the IPDES rules remain consistent with federal regulations.
Status of Rulemaking
Final rule effective March 28, 2018; available in the Idaho Administrative Code by April 27, 2018.
March 28, 2018
2018 Legislative Rules Review
Pending rule approved by the Senate Resources & Environment Committee on January 15, 2018, and approved by the House, Environment, Energy & Technology Committee on January 22, 2018.
- Senate Resources & Environment Committee Pending Rules Review Book
- House Environment, Energy & Technology Committee Pending Rules Review Book
- Idaho Legislature Homepage
|November 2017 Board of Environmental Quality Meeting|
Rulemaking Documents Required by Idaho Administrative Procedure Act
- Notice of Adoption of Pending Rule
- Proposed Rule and Notice
- Negotiated Rulemaking Summary
- Notice of Negotiated Rulemaking
- Overview of Incorporations by Reference
The purpose of this rulemaking is to ensure that the Rules Regulating the Idaho Pollutant Discharge Elimination System Program (IPDES), IDAPA 58.01.25, remain consistent with federal regulations. This rulemaking proposes changes to the current rules to provide a smoother transition for the regulated community when DEQ becomes the permitting authority. The federal regulations incorporated by reference will be updated with the July 1, 2017 Code of Federal Regulation (CFR) effective date. The July 1, 2017 CFR is a codification of federal regulations published in the Federal Register as of July 1, 2017. In addition to updating the incorporated by reference date, this rulemaking proposes changes to the IPDES rules based on the following federal rulemakings.
In December 2015, EPA’s rule on electronic reporting (aka eReporting Rule) became effective for NPDES permitting authorities. This rule requires commensurate changes to portions of the IPDES rules with regard to updating electronic reporting requirements for the state and for facilities permitted under the program. DEQ is proposing to update those portions of the IPDES rules affected by this federal rulemaking by including the electronic reporting requirements found in 40 CFR Part 127.
On January 9, 2017, EPA’s small Municipal Separate Storm Sewer System (MS4) remand rule became effective. Changes to these regulations are in response to the remand from the US Court of Appeals for the Ninth Circuit. These changes allow for the state to select an approach for permitting these discharges and establishing the method for permittees to meet the maximum extent practicable standards established by the Clean Water Act.
Additional changes to the federal regulations include updates to effluent limitation guidelines for steam electric generating point sources, oil and gas point sources, and approved test methods for analysis of parameters in effluent discharges. The IPDES rules will also be updated to delete references to the vessel general permit. The agency will not be taking over responsibility for this element of the NPDES program. No state has implemented the vessel general permit portion of the NPDES program. These permits primarily regulate commercial vessels in the Snake River and large lakes.
DEQ also proposes to include nonsubstantive revisions to make typographical corrections, provide clarity, and maintain consistency with state and federal law.
After consideration of public comments, the rule has been adopted as initially proposed. The rule is expected to be final and effective upon the conclusion of the 2018 legislative session if approved by the Legislature.
Incorporation by Reference
It is necessary to update the IPDES rules to maintain consistency with federal regulations implementing the Clean Water Act. Adoption of federal regulations is necessary for EPA approval of the IPDES program and delegated state authority of Clean Water Act programs.
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. The alternative to incorporating the federal regulations by reference is to restate the federal regulations in the IPDES rules. Incorporation by reference saves the agency the administrative costs associated with maintaining rules. Incorporation by reference is estimated to reduce the number of rule pages by 1,219 and results in an administrative rule publication cost savings of $61,000 annually.
In compliance with Idaho Code 67-5223(4), DEQ prepared a brief synopsis detailing the latest revised edition or version of the incorporated material being proposed for incorporation by reference. The Overview of Incorporations by Reference is available here.
Submit all written comments by mail, fax or e-mail to:
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481, firstname.lastname@example.org
September 1, 2017
No public hearings were requested or held.
Written Public Comments
|Submitted By||Date Received|
|Joan Hobbs, Mountain Home||09/12/17|
The text of the proposed rule was 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 May 2017 issue of the Idaho Administrative Bulletin, and a preliminary draft rule was made available for public review. Meetings were held on May 25 and July 11, 2017. Key information was posted on the DEQ rulemaking web page and distributed to the public. Members of the public participated in the negotiated rulemaking process by attending the meetings and by submitting written comments.
All comments received during the negotiated rulemaking process were considered by DEQ when making decisions regarding development of the rule. At the conclusion of the negotiated rulemaking process, DEQ formatted the final draft for publication as a proposed rule. DEQ is now seeking public comment on the proposed rule. The negotiated rulemaking record, which includes the negotiated rule drafts, written public comments, documents distributed during the negotiated rulemaking process, and the negotiated rulemaking summary, is available on this web page.
Negotiated Rulemaking Meeting Schedule
No additional meetings are scheduled.
Draft Legislation and Related Documents
|Draft Legislation||Date Posted||Date of Meeting Discussion||Written Comment Deadline|
2018 Proposed IPDES Legislation (July 24, 2017 Draft)
|07/25/17||Revisions made based on 07/11/17 meeting discussion are highlighted in yellow.||N/A|
2018 Draft IPDES Legislation (July 7, 2017 Draft)
IPDES Rulemaking Meeting – DEQ PowerPoint Presentation (July 11, 2017)
Written Public Comments
|Submitted by||Date Received|
|No written comments submitted|
Draft Negotiated Rule and Related Documents
|Draft Negotiated Rule||Date Posted||Date of Meeting Discussion||Written Comment Deadline|
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 August 2, 2017 issue of the Idaho Administrative Bulletin.
Written Public Comments
|Comment||Submitted by||Date Received|
|Comment on Draft No. 2||EPA Region 10||07/24/17|
|Comment on Draft No. 1||EPA Region 10||06/02/17|
|Meeting Presentations and Miscellaneous Documents||Date Posted|