BOISE – The Idaho Department of Environmental Quality (DEQ) issued a memorandum offering administrative continuance for current Idaho Pollution Discharge Elimination System (IPDES) Multi-Sector General Permit (MSGP) holders and no action assurance for certain new operators.
The current IPDES MSGP (the 2021 MSGP) is set to expire at 11:59 p.m. on February 26, 2026. For operators with coverage under the 2021 MSGP, DEQ is granting them administrative continuance of permit coverage until the succeeding permit (the 2026 MSGP) is issued. DEQ expects the 2026 MSGP to be issued and effective by the end of April 2026.
New operators beginning operations after February 26, 2026, that have not submitted a notice of intent (NOI) to be covered under the 2021 MSGP prior to its expiration will not be able to gain general permit coverage until the 2026 MSGP is issued. For these operators, DEQ is providing no action assurance between February 26, 2026, and the effective date of the 2026 MSGP. No action assurance establishes that DEQ may exercise enforcement discretion to not pursue civil or administrative enforcement action against applicants for violations of the Clean Water Act’s prohibition against the discharge of pollutants except in conformance with an NPDES permit, 33 U.S.C. § 1311, if the operator is approved for and complies with all conditions of the 2021 MSGP.
There are four conditions to the DEQ’s discretion of enforcing the no action assurance.
- Eligibility: Any new operator must meet the 2021 MSGP eligibility criteria (Part 1 of the permit).
- Prior Notification to DEQ: Prior to commencing activities, the new operator must provide DEQ 30-days advance notice of their status and their intention to operate per the 2021 MSGP by submitting a completed 2021 MSGP NOI to DEQ.
- Compliance: Any new operator must satisfy all requirements of the 2021 MSGP, except for submittal of an NOI before February 26, 2026, as the permit has been administratively continued.
- Obtain Coverage: An operator covered by this no action assurance that intends to continue activities after the effective date of the 2026 MSGP must submit an NOI to be covered by the 2026 MSGP within 90 days following its effective date.
For more information, contact the DEQ IPDES Program at IPDES-MSGP@deq.idaho.gov.