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Bill Rogers - Air

(208) 373-0437

Richard Huddleston - Wastewater

(208) 373-0561

Robert Bullock - Waste

(208) 373-0547

 


Environmental Assistance:

Overview of Environmental Permitting in Idaho

Why Are Environmental Permits Required?
Who Needs to Be Concerned about Environmental Permits?

What Types of Environmental Permits Are Required?

Air Quality   |   Water Quality   |   Waste Management

Where Can I Get Help Figuring Out if I Need a Permit?
 
 Why Are Environmental Permits Required?

Idaho's natural resources belong to all of us, and all citizens have a right to clean air, water, and land. The purpose of environmental permits is to protect public health and the environment. Permits establish the conditions under which facilities that generate pollution may operate. Permits represent a contract between the businesses and the government that the facilities will comply with applicable state and federal pollution control laws.

 
 Who Needs to Be Concerned about Environmental Permits?

All businesses, no matter how small or large, need to be aware of environmental permitting requirements. Many different situations may require a business to secure an environmental permit. You may need one or more environmental permits if your business:

  • Releases emissions into the air or water through normal production
  • Discharges processed wastewater to a water body
  • Land applies wastewater
  • Stores, transports, or disposes of hazardous materials or waste
  • operates equipment that may release pollution, such as diesel engines
  • Is planning an expansion
  • Stores or uses petroleum products
  • Affects the habitat of an endangered species
 
 What Types of Environmental Permits Are Required?
Various federal laws require permits. In some cases, DEQ is the issuing state agency because the state has applied for and obtained "primacy" to enforce certain federal laws. In other cases, the U.S. Environmental Protection Agency (EPA) is the issuing federal agency. Federal and state environmental permits fall under three main categories: air, water, and waste.
 

 Air Quality

Under the federal Clean Air Act and the Rules for the Control of Air Pollution in Idaho, any business or industry (source) in Idaho that emits, or has the potential to emit, pollutants into the air is required to have an air pollution control permit. Permits are issued when new sources begin operation and when existing sources modify their facilities. DEQ is the state agency delegated to issue air quality permits in Idaho. DEQ issues four types of air quality permits: Permit to Construct (PTC), Tier I operating permit, Tier II operating permit, and Permit by Rule. Link to a more detailed overview of air quality permits on this Web site.

 

 Water Quality

Under the federal Clean Water Act, any business or industry that discharges pollutants of any kind into surface waters (lakes, rivers, and streams) must have an NPDES (National Pollutant Discharge Elimination System) permit. In addition, in-stream construction of any kind requires an NPDES permit. Section 401 of the Clean Water Act gives states the authority to certify that NPDES permits meet state water quality standards. EPA is responsible for issuing NPDES permits in Idaho, while DEQ is the state agency responsible for implementing the 401 certification process. Link to more information on the 401 certification process on this Web site.

Under state law and various state water quality rules, any business or industry that constructs and/or operates a wastewater-land application system must obtain a wastewater reuse permit. Wastewater reuse permits specify site-specific loading rate limits and monitoring requirements to protect public health, surface water, and ground water quality, and to manage odor. Ground water quality is especially important in Idaho because it is the source of 95% of our drinking water. DEQ issues wastewater reuse permits in Idaho. Link to more information on wastewater reuse permits on this Web site.

 

 Waste Management

Under the federal Resource Conservation and Recovery Act (RCRA), permits are required for facilities that receive hazardous wastes for treatment, storage, or disposal (TSDs). DEQ has primacy for this program and is responsible for issuing RCRA permits to facilities in Idaho, including the Idaho National Engineering and Environmental Laboratory (INEEL) in eastern Idaho.

Although businesses and industries that generate hazardous wastes are not required to have a RCRA permit, they are regulated on the basis of the amount of hazardous waste generated in a calendar month. All generators are required to track and monitor hazardous wastes generated and transported off-site to a TSD, and to report annually to DEQ. Link to more information on hazardous waste management for businesses in Idaho on this Web site.


RCRA also regulates management and remediation of underground storage tanks (USTs). Owners of USTs that contain regulated substances such as gasoline, used oil, solvents, and pesticides are required to notify DEQ of their existence. EPA is responsible for UST inspection and enforcement. Link to more information on USTs on this Web site.


Under Idaho's Rules for the Processing of Ore by Cyanidation, DEQ also issues permits to Idaho ore processing facilities that use cyanide in their mineral extraction processes. Link to more information on cyanide permitting on this Web site.

 
 Where Can I Get Help Figuring Out if I Need a Permit?
The best place to start is the DEQ Regional Office nearest you. Regional offices are located in Boise, Coeur d'Alene, Idaho Falls, Lewiston, Pocatello, and Twin Falls. We can let you know whether you need a permit issued by DEQ or direct you to other appropriate permitting agencies.
If you are a small business, you can obtain help from the Small Business Environmental Solutions Program, a partnership between DEQ and the Idaho Small Business Development Center (SBDC), which provides free, confidential environmental assistance.
Industry trade associations can be another good source for information on where to apply for permits. Trade associations can be excellent clearinghouses for information about environmental matters affecting a particular industry, and the experiences of one business in obtaining permits can be shared with similar companies.



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