Protecting Public Health and the Environment.

Idaho Pollutant Discharge Elimination System: Program Application

On August 31, 2016, DEQ submitted to EPA for review a program application petitioning for the authority to become the discharge permitting authority in Idaho. The application consisted of six main components:

  1. A letter from the governor requesting approval of the state’s application;
  2. A program description that describes how the state will issue IPDES permits, ensure compliance with permit conditions, conduct enforcement, as well as fund and manage the program including programmatic information and data.
  3. A memorandum of agreement (MOA) between the state and EPA which establishes, in part, timeframes for a phased approach for the state to assume authority.
  4. A statement from the attorney general’s office confirming that the state’s laws and regulations provide sufficient authority to the state to implement the discharge, pretreatment, and biosolids components of the NPDES program.
  5. Copies of all pertinent statutes and regulations, which the state adopted to ensure the necessary authority for implementing the IPDES program, including HB 406 directing DEQ to pursue permitting authority.
  6. A document detailing Idaho DEQ’s continuing planning process.

Steps Toward Delegated Permitting Authority

To receive delegated authority in the NPDES permitting program from EPA, DEQ completed the following:

Develop a funding strategy — DEQ developed a funding strategy during the negotiated rulemaking for IDAPA 58.01.25. The IPDES Program Analysis evaluated the staffing and resource needs necessary to implement this program.

Demonstrate the capability of delivering the NPDES program — Hire and train staff so the agency is capable of program delivery. Expertise needed includes program administration, permit preparation, permit enforcement, data management, fiscal office support, and attorney general legal support.

Prepare and develop IPDES rules for Idaho — Rules must not be more stringent than EPA’s, but to receive primacy, Idaho’s rules may not be less stringent either. Rulemaking was conducted from December 2014 through July 2015. The Idaho Board of Environmental Quality reviewed and adopted the rules as presented on November 18, 2015. This rule chapter was approved during the 2016 legislative session and became effective March 24, 2016. Learn more.

Prepare guidance documents — Determine water quality-based effluent limits, reasonable potential-to-exceed determinations, mixing zones, and other program implementation documents not included in the rules. Learn more.

Revise existing Idaho Code as needed — DEQ is planning to seek legislative approval of the DEQ-EPA memorandum of agreement (MOA) during the 2018 legislative session. The potential exists that additional statutory changes may be needed to Idaho Code as the IDPES application package is reviewed.

Implement 4-year sector-specific IPDES program phase-in — DEQ anticipates that IPDES phase-in will start with municipal permits and progress annually through industrial permits, general permits, and conclude with storm water and biosolids components.

Anticipated Application Review Process

Once submitted, EPA has 30 days to review Idaho’s application for completeness. DEQ and EPA will then enter into a statutory review period (length to be determined by negotiation). During the statutory review period EPA will review the contents of Idaho’s application, provide comments regarding any additional clarifying information, enter into consultation with interested tribes, hold a public hearing, provide a public comment period, and finally decide to approve or disapprove DEQ’s application.

Approximate time frames for these steps are:

Proposed Date Action Item
September 1 – 30, 2016 EPA completeness review
September 30, 2016 DEQ submits memorandum requesting an 17-month statutory review period
September 2016 - June 2017 Program submittal review by EPA
June 2017 - May 2018 EPA process for review, tribal consultation, public process and responsiveness summary
January 8, 2018 DEQ submits MOA to Idaho Legislature for approval
March - April 2018 Idaho Legislature approves MOA
May 2018 EPA and DEQ sign MOA
June 2018 EPA provides approval letter to DEQ for IPDES phased implementation

Previous Draft Documents

Document Date
Idaho Pollutant Discharge Elimination System: Enforcement Response Guide May 2017
Program Description September 2016
Attorney General’s Letter August 2016
Memorandum of Agreement August 2016
Idaho Pollutant Discharge Elimination System: User's Guide to Permitting and Compliance Volume 1 — General Information August 2016
Idaho Pollution Discharge Elimination System Compliance Monitoring Strategy July 2016

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Staff Contacts

IPDES Program Manager
Mary Anne Nelson
DEQ State Office
Water Quality Division
1410 N. Hilton
Boise, ID 83706
(208) 373-0291
mary.anne.nelson@deq.idaho.gov

IPDES Rules/Guidance Coordinator
Troy Smith
DEQ State Office
Water Quality Division
1410 N. Hilton
Boise, ID 83706
(208) 373-0488
troy.smith@deq.idaho.gov

Application Information

Governor’s Letter

Program Description

Memorandum of Agreement

Attorney General’s Statement

Completeness Finding Letter

Program Application Revisions Letter

Response to Comments

Rules and Statutes

Idaho Code Title 39 Chapter 1 Environmental Protection and Health Act

IDAPA 58.01.25 IPDES Rules

IDAPA 58.01.02 Idaho Water Quality Standards

IDAPA 58.01.16 Wastewater Rules

IDAPA 58.01.09 Rules Regulating Swine Facilities

Idaho Code Title 18 Chapter 1 Preliminary Procedures

Idaho Code Title 74 Chapter 1 Public Records Act

Idaho Code Title 19 Chapter 4 Criminal Procedure

Idaho Code Title 22 Chapter 49 Beef Environmental Control Act

Idaho Code Title 37 Chapter 6 Dairy Environmental Control Act

Idaho Code Title 39 Chapter 79 Swine Facilities Siting Act

Idaho Code Title 25 Chapter 40 Poultry Environmental Act

IDAPA 02.04.14 Dairy Environmental Management Systems

IDAPA 02.04.15 Beef Cattle Feeding Operations

IDAPA 02.04.30 Nutrient Management Plans

HB406

SB1260

SB1238

SB1239

IPDES Permit Forms and Templates

Fact Sheet Template

Publicly Owned Treatment Works (POTW) Permit Template

Industrial Permit Template

Form 1

Form 2A

Form 2B

Form 2C

Form 2D

Form 2E

Form 2F

Form 2S

Guidance Documents

Idaho Pollutant Discharge Elimination System: User's Guide to Permitting and Compliance Volume 1 — General Information (April 2017)

Idaho Pollution Discharge Elimination System Compliance Monitoring Strategy (July 2017)

Idaho Pollutant Discharge Elimination System: Enforcement Response Guide (July 2017)

Designation Criteria and Selection Process for Small Municipal Separate Storm Sewer Systems (February 2016)

Public Participation in the Permitting Process (February 2016)

Related Pages

Idaho Pollutant Discharge Elimination System Program: Guidance Development