Idaho Pollutant Elimination System: Docket No. 58-0125-1701 - Negotiated Rulemaking
Rulemaking initiated to ensure that the IPDES rules remain consistent with federal regulations.
Status of Rulemaking
No additional meetings are scheduled.
Rulemaking Documents Required by Idaho Administrative Procedure Act
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 IPDES rulemaking will negotiate 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. Because this rulemaking has been initiated prior to July 1, 2017, applicable federal regulations published in the Federal Register and codified between now and July 1, 2017 may be identified as necessary for incorporation by reference before the conclusion of this rulemaking.
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 that Idaho must comply with 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.
The text of the rule will be drafted by DEQ in conjunction with a negotiating committee made up of persons having an interest in the development of this rule. Major and minor municipal dischargers; industrial dischargers; facilities, organizations and individuals seeking coverage under a general permit; facilities that have or will have a pretreatment permit to a wastewater facility; and other groups interested in point source discharges to Idaho’s surface waters may be interested in participating in this rulemaking.
Upon conclusion of negotiations, DEQ intends to publish a proposed rule for public comment in the summer of 2017 and then present the final proposal to the Idaho Board of Environmental Quality (Board) in the fall of 2017 for adoption of a pending rule. If adopted by the Board, the rule will be reviewed by the 2018 Idaho Legislature.
Incorporation by Reference
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.
Method of Participation/Negotiated Rulemaking
Those interested in participating in the negotiated rulemaking process are encouraged to attend the meeting at one of the following locations. Additional meetings will be scheduled if necessary. The public may participate by telephone and web conferencing at any of the meeting locations or with individual connections. Individuals interested in participating by telephone and web conferencing should contact Paula Wilson by the date provided in the table below. For those who cannot participate by attending the meeting, written comments may be submitted to Paula Wilson by email or fax to (208) 373-0481.
No additional meetings are scheduled.
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, email@example.com
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|