Protecting Public Health and the Environment.

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

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

Proposed rule scheduled for publication in the Idaho Administrative Bulletin on September 2, 2020; comment deadline October 2, 2020.

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

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. The IPDES rules need to be updated routinely to maintain consistency with federal regulations implementing the Clean Water Act.

In December 2015 and June 2019, 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 will also negotiate changes to IPDES rules to clarify requirements related to fee payment, public comments, appeals, and other ambiguities identified since implementation of the program in July 2018. 

Adoption of federal regulations is necessary to maintain delegated state authority of the IPDES program. Federal regulations incorporated by reference will be updated with the July 1, 2020, Code of Federal Regulations (CFR) effective date. The July 1, 2020, CFR is a codification of federal regulations published in the Federal Register as of July 1, 2020.  Because this rulemaking has been initiated before July 1, 2020, applicable federal regulations published in the Federal Register and codified between now and July 1, 2020, may be identified as necessary for incorporation by reference before the conclusion of this rulemaking. DEQ negotiated the original rule language and incorporated by reference federal regulations affecting the program. It is necessary to update the CFR effective dates of the incorporated federal regulations.

Negotiated Rulemaking Schedule

No additional meetings are scheduled.

Previous Meetings

May 21, 2020 - Agenda | Participant List
April 14, 2020
 - Agenda | Participant List

Public Comment Opportunities

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@deq.idaho.gov

Rule Documents and Meeting Presentations Date Posted Date of Meeting Discussion Written Comment Deadline

Negotiated Rule Draft No. 3 

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

7/23/20 NA

DEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the Idaho Administrative Bulletin on September 2, 2020.

Proposed rule comment deadline October 2, 2020.

Negotiated Rule Draft No. 2 

Discussion Paper #2: Idaho Pollutant Discharge Elimination System Rule Update (May 2020)
5/13/20 5/21/20 6/2/20
Discussion Paper #1: Idaho Pollutant Discharge Elimination System Rule Update (April 2020) 04/13/20 4/14/20 N/A
Preliminary Draft Rule (Draft No. 1) 4/01/20 4/14/20 4/23/20

 

Written Public Comments
Comment Submitted By Date Received
Comment on Negotiated Rule Draft No. 2 IDEXX Water 5/19/20
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 Company 4/23/20
Comment on Preliminary Draft Rule (Draft No. 1)

Parsons Behle & Latimer on behalf of Aberdeen-Springfield Canal Company

4/23/20
Comment on Preliminary Draft Rule (Draft No. 1)

Clearwater Paper

4/17/20
Comment on Preliminary Draft Rule (Draft No. 1)

IDEXX Water

4/16/20

 

DEQ Response to Comments/Negotiated Rulemaking
DEQ Response to Comments on Negotiated Rule Draft No. 2 - June 2, 2020 Comment Deadline 
DEQ Response to Comments on Preliminary Draft Rule - April 23, 2020 Comment Deadline

Staff Contacts

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

Administrative Rules Coordinator
Paula Wilson
DEQ State Office
Attorney General's Office
1410 N. Hilton
Boise, ID 83706
(208) 373-0418
paula.wilson@deq.idaho.gov