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Idaho Pollutant Discharge Elimination System Program: Docket No. 58-0125-2001

Rulemaking initiated to ensure the Rules Regulating the Idaho Pollutant Discharge Elimination System (IPDES) Program, IDAPA 58.01.25, remain consistent with federal regulations and to make clarifications in response to ambiguities identified during DEQ’s administration of the IPDES program.

Status of Rulemaking

All IDAPA 58 temporary fee rule chapters, including the revisions negotiated under Docket No. 58-0125-2001, will be published as proposed rules in Omnibus Rulemaking Docket No. 58-0000-2000F in the special edition of the Idaho Administrative Bulletin on September 16, 2020; comment deadline October 16, 2020. 

A revised negotiated rule draft has been posted. The revisions are based on DFM review for compliance with Executive Order 2020-01, Zero-Based Regulation. This draft has been formatted for publication as a proposed rule.

Overview

To maintain delegated authority for the IPDES program, state rules need to be updated routinely to maintain consistency with federal regulations implementing the Clean Water Act. The purpose of this rulemaking is to ensure the Rules Regulating the Idaho Pollutant Discharge Elimination System (IPDES) Program, IDAPA 58.01.25, remain consistent with federal regulations and to make clarifications in response to ambiguities identified during DEQ’s administration of the IPDES program. 

In 2015, 2017, 2019, and 2020, updated federal regulations became effective for National Pollutant Discharge Elimination System (NPDES) permitting authorities. These regulations require commensurate changes to portions of the IPDES rules with regard to updating definitions, applications, and reporting requirements for the state and facilities permitted under the program. DEQ is proposing to update those items incorporated by reference impacted by the federal changes. DEQ also proposes changes to the IPDES rules to clarify requirements related to fee payment, public comments, appeals, and other ambiguities identified since implementation of the program in July 2018.

This proposed rule updates federal regulations incorporated by reference with the July 1, 2020 Code of Federal Regulations (CFR) effective date. To maintain consistency for all federal regulations listed in IDAPA 58.01.25.003, this update includes the regulations that have not been revised since the initial incorporation by reference. DEQ negotiated the original rule language and incorporated by reference federal regulations affecting the program.

Negotiated Rulemaking Meeting Schedule

No additional negotiated rulemaking meetings are scheduled.

Method for Participating and Submitting Comments

Those interested in participating in the negotiated rulemaking process are encouraged to attend the scheduled meeting via telephone and video conferencing. Individuals interested in participating should contact Paula Wilson.

For those who cannot participate by attending the meeting, public comment opportunities will be made available throughout the rulemaking process.

Submit all written comments by mail, fax or email to:

Paula Wilson
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481
Paula Wilson 

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Information pending

Negotiated Rule Documents and Meeting PresentationsDate PostedDate of Meeting DiscussionWritten Comment Deadline

Negotiated Rule Draft No. 4

9/04/20N/A

This draft includes revisions based on review by the Division of Financial Management for compliance with Executive Order No. 2020-01, Zero-Based Regulation, and has been formatted for publication as a proposed rule.

The proposed rule will be published in Omnibus Rulemaking Docket No. 58-0000-2000F.

Negotiated Rule Draft No. 3

Discussion Paper #3: Idaho Pollutant Discharge Elimination System Rule Update (June 2020)

7/23/20N/A

DEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the special edition of the Idaho Administrative Bulletin on September 16, 2020. Proposed rule comment deadline October 16, 2020.

 

Negotiated Rule Draft No. 2

Discussion Paper #2: Idaho Pollutant Discharge Elimination System Rule Update (May 2020)

5/13/205/21/206/2/20
Discussion Paper #1: Idaho Pollutant Discharge Elimination System Rule Update (April 2020)04/13/204/14/20N/A
Preliminary Draft Rule (Draft No. 1)4/01/204/14/204/23/20
Public CommentsSubmitted ByDate Received
Comment on Negotiated Rule Draft No. 2IDEXX Water5/19/20
Comment on Preliminary Draft Rule (Draft No. 1)Association of Idaho Cities (AIC)4/30/20
Comment on Preliminary Draft Rule (Draft No. 1) Idaho Conservation League (ICL) 4/23/20
Comment on Preliminary Draft Rule (Draft No. 1)Riley Stegner and Associates on behalf of Bennett Lumber Products, Hancock Forest Management, Molpus Woodlands Group, PotlatchDeltic, and Stimson Lumber Company4/23/20
Comment on Preliminary Draft Rule (Draft No. 1)Parsons Behle & Latimer on behalf of Aberdeen-Springfield Canal Company4/23/20
Comment on Preliminary Draft Rule (Draft No. 1)Clearwater Paper4/17/20
Comment on Preliminary Draft Rule (Draft No. 1)IDEXX Water4/16/20

Information pending

Information pending

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