reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.790 - RULES FOR THE CONTROL OF NONMETALLIC MINERAL PROCESSING PLANTS

Current through August 31, 2023
Sections
				790 through
				799 establish the requirements for
				nonmetallic mineral processing plants, frequently referred to as rock crushers.
				Definitions for nonmetallic mineral processing plants can be found in 40 CFR
				Part 60 , Subpart OOO. Compliance with Section
				790 does not relieve the owner or
				operator of a nonmetallic mineral processing plant from the responsibility of
				complying with other federal, state, and local applicable laws, regulations,
				and requirements. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.791 - GENERAL CONTROL REQUIREMENTS

Current through August 31, 2023
01.
Prohibition
. No owner or operator of a nonmetallic mineral
			 processing plant may allow, suffer, or cause the emissions of any air pollutant
			 to the atmosphere in such quantity of such nature and duration and under such
			 conditions as would be injurious to human health or welfare, to animal or plant
			 life, or to property, or to interfere unreasonably with the enjoyment of life
			 or property. (3-28-23)
02.
Control of Fugitive Dust
. In accordance with Sections
			 650 and
			 651, owners and operators of
			 nonmetallic mineral processing plants must take all reasonable precautions to
			 prevent the generation of fugitive dust. In determining what is reasonable,
			 consideration will be given to factors such as the proximity to human
			 habitations and/or activities and atmospheric conditions that might affect the
			 movement of particulate matter. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.793 - EMISSIONS STANDARDS FOR NONMETALLIC MINERAL PROCESSING PLANTS NOT SUBJECT TO 40 CFR PART 60, SUBPART OOO

Current through August 31, 2023
Owners and operators of nonmetallic mineral processing plants
				that are not subject to a 40 CFR Part 60 requirement must comply with the
				emissions standards set forth in Section
				793. (3-28-23)
01.
Processing Plants Not Regulated by
			 40 CFR Part 60
. Fixed or portable plants that commenced construction,
			 reconstruction, or modification before August 31, 1983, are not subject to
			 40 CFR
			 60, Subpart OOO. (3-28-23)
02.
Emissions Standards for Fugitive
			 Emissions
. Emissions that exhibit greater than twenty percent (20%)
			 opacity must not be discharged in the atmosphere from any crusher, grinding
			 mill, screening operation, bucket elevator, belt conveyor, conveying system,
			 transfer point, vent, capture system, storage bin, stockpile, truck dumping
			 operation, vehicle traffic on an affected paved public roadway, vehicle traffic
			 on or wind erosion of an unpaved haul road, or other source of fugitive
			 emissions. Opacity must be determined using the test methods and procedures in
			 Section 625. The
			 plant is not required to have a certified opacity reader. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.795 - PERMIT BY RULE REQUIREMENTS

Current through August 31, 2023
Sections
				795 through
				799 establish the requirements for
				a permit by rule for nonmetallic mineral processing plants. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.796 - APPLICABILITY

Current through August 31, 2023
01.
Permit by Rule
. Owners and
			 operators of nonmetallic mineral processing plants are deemed to have a permit
			 by rule if they comply with all of the applicable provisions of Sections
			 795 through
			 799. Nothing in Sections
			 795 through
			 799 precludes any owner or operator
			 from obtaining a permit. Portable sources that operate or may be operated at a
			 single location or site of operations for more than twelve (12) consecutive
			 months must obtain a permit to construct. (3-28-23)
02.
Permit Option
. Owners and
			 operators of nonmetallic mineral processing plants that hold a valid permit to
			 construct or a Tier II operating permit must comply with the terms and
			 conditions of the permit and are not subject to the requirements of the permit
			 by rule in Sections 795 through
			 799. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.797 - REGISTRATION FOR PERMIT BY RULE

Current through August 31, 2023
01.
Registration Process
. Any owner or operator of a nonmetallic
			 mineral processing plant that opts to operate under the permit by rule must
			 register in the following manner: (3-28-23)
a.
			 Any new or modified processing plant must register fifteen (15) days prior to
			 commencing operation or modification. The Department will acknowledge
			 registration in writing within fifteen (15) days. (3-28-23)
b. Any permitted processing plant must
			 register with the Department and request termination of the current permit to
			 construct or Tier II operating permit. The Department will normally act on the
			 request within fifteen (15) days and notify the registrant in writing.
			 (3-28-23)
Registration for permit by rule does not relieve the owner or
				operator of portable equipment from the registration and relocation
				requirements of Section
				500.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.798 - ELECTRICAL GENERATORS

Current through August 31, 2023
The following requirements apply to all electrical generators
				used to provide electrical power to any nonmetallic mineral processing plant.
				The requirements apply to each site of operations. (3-28-23)
01.
Fuel Type
. Only ASTM
			 (American Society of Testing and Materials) Grade 1 or 2 fuel oil may be used.
			 The sulfur content of the fuel used must not exceed the percentages of sulfur
			 given in Section 725.
			 (3-28-23)
02.
Generator
			 Operating Requirements
. For the purposes of Sections
			 790 through
			 799, the following apply to all
			 electrical generators.
Rated Output Capacities
							 (kW)
Allowable Operating Hours
							 (hr/day)
Allowable Operating Hours
							 (hr/yr)
Attainment Unclassifiable
							 Areas
PM-10 Nonattainment
							 Areas
Attainment Unclassifiable
							 Areas
PM-10 Nonattainment
							 Areas
0 - 454
24
8
8760
2880
455 - 1000
24
24
8760
8760
1001 - 2000
24
24
5200
5200
kW = kilowatts
hr/day = hours per day
hr/yr = hours per year
(3-28-23)
03.
Generator Opacity Limit
.
			 Visible emissions from any generator stack, vent, or other functionally
			 equivalent opening must not exceed twenty percent (20%) opacity for a period or
			 periods aggregating more than three (3) minutes in any sixty (60) minute
			 period. Opacity must be determined using the test methods and procedures
			 contained in Section 625.
			 (3-28-23)
04.
Monitoring and
			 Recordkeeping Requirements
. (3-28-23)
a. The owner or operator must monitor and
			 record the following information. (3-28-23)
i. The rated output capacity, in kilowatts
			 (kW), of the electrical generator(s) used; (3-28-23)
ii. Operating hours on a monthly and annual
			 basis so compliance can be continuously determined for the previous twelve (12)
			 month period; and (3-28-23)
iii.
			 Vendor receipts of the fuel oil purchased clearly identifying the ASTM Grade.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.799 - NONMETALLIC MINERAL PROCESSING PLANT FUGITIVE DUST BEST MANAGEMENT PRACTICE

Current through August 31, 2023
The owner or operator of a nonmetallic mineral processing plant
				must use the Best Management Practices (BMP) contained in Section
				799 to control the emissions of
				fugitive dust. Fugitive dust emissions must be reasonably controlled as
				required by Sections 650 and
				651. It is the responsibility of
				the owner or operator to reasonably control fugitive emissions at each site of
				operations but only for the duration of operations at each site under the
				control of the owner or operator. (3-28-23)
01.
Generally Applicable
			 Requirements
. All reasonable precautions must be taken to prevent
			 particulate matter from becoming airborne. (3-28-23)
a. The owner or operator of a nonmetallic
			 mineral processing plant must at all times be observant of all sources of
			 fugitive dust emissions and monitor control strategies at least once per day
			 when operating. The following events will trigger initiation of the prescribed
			 control strategy or control strategies to control the fugitive dust emissions.
			 (3-28-23)
i. When fugitive dust emissions are
			 observed at any time to be exceeding any control strategy trigger specified in
			 Subsections 799.02 through
			 799.06, that event triggers
			 initiation of the prescribed control strategy or control strategies to control
			 the fugitive dust emissions. (3-28-23)
ii. Citizen complaints of failure to
			 reasonably control fugitive dust must be expeditiously evaluated by the owner
			 or operator for merit. If the owner or operator determines the complaint has
			 merit, the progressive strategy must be expeditiously employed to reasonably
			 control fugitive dust. The Department may review the complaint records and
			 investigate citizen complaints as appropriate. If the Department finds that a
			 complaint has merit, it may determine additional control measures are required.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.800 - REGISTRATION FEE FOR PERMIT BY RULE

Current through August 31, 2023
A registration fee of two hundred fifty dollars ($250) must be
				submitted to the Department with each permit by rule registration.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.801 - PAYMENT OF FEES FOR PERMITS BY RULE REGISTRATION

Current through August 31, 2023
The permit by rule registration fee must be paid in its
				entirety at the time the required registration form is submitted to the
				Department. Information for making payments is available at
http://www.deq.idaho.gov
.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.802 - RECEIPT AND USAGE OF FEES

Current through August 31, 2023
Permit by rule registration fee receipts will be deposited by
				the Department into a stationary source permit account. Monies from this
				account will be used solely toward technical, legal and administrative support
				of the Department's Permit to Construct and Tier II permit programs and will
				not be used for those activities supported by the fund created for implementing
				the operating permit program required under Title V of the federal Clean Air
				Act amendments of 1990. Fees payable under Section
				800 will be retained by the
				Department regardless of whether a permit by rule registration is accepted by
				the Department in response to a registration request. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.815 - RULES FOR CONTROL OF KRAFT PULP MILLS

Current through August 31, 2023
Sections
				815 through
				818 establish emission standards
				for recovery furnaces and notification and reporting requirements for low
				volume high concentration (LVHC) and high volume low concentration (HVLC) gas
				venting at kraft pulp mills. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.816 - RECOVERY FURNACE TRS STANDARD

Current through August 31, 2023
The average daily emissions of total reduced sulfur (TRS) from
				each recovery furnace must not exceed fifteen (15) ppm expressed as hydrogen
				sulfide on a dry basis. Recovery furnaces at kraft pulp mills subject to 40 CFR
				Part 60 TRS standards are exempt from the requirements of Section
				816. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.817 - RECOVERY FURNACE TRS MONITORING AND RECORDKEEPING

Current through August 31, 2023
Owners and operators of each recovery furnace subject to the
				TRS emission standard in Section
				816 must maintain and operate
				equipment to continuously monitor and record the daily average TRS
				concentrations. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.818 - KRAFT PULP MILL LVHC AND HVLC GAS VENTING NOTIFICATION AND REPORTING

Current through August 31, 2023
Section
				818 is applicable to kraft pulp
				mill LVHC and HVLC gas venting from sources required to be controlled pursuant
				to 40 CFR Part 63 , Subpart S. For purposes of Sections
				130 through
				136, an excess emission is defined
				as a continuous uncontrolled gas venting in excess of five (5) minutes. Excess
				emissions notification and reporting must be conducted pursuant to the
				requirements contained in Sections
				130 through
				136 and the permit issued to the
				kraft pulp mill. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.835 - RULES FOR CONTROL OF RENDERING PLANTS

Current through August 31, 2023
No person may allow, cause, or permit: (3-28-23)
01.
Cookers
. The operation or
			 use of any device, machine, equipment, or other contrivance to cook inedible
			 animal or marine matter unless all gases, vapors, and gas entrained effluents
			 from these processes are passed through condensers to remove all steam and
			 other condensable materials. All noncondensibles, defined as gases and vapors
			 from processes that are not condensed at standard temperature and pressure
			 unless otherwise specified, passing through the condensers must then be
			 incinerated at one thousand two hundred degrees Fahrenheit (1,200) for a
			 minimum of three-tenths (0.3) seconds, or treated in an equally effective
			 manner. (3-28-23)
02.
Expellers
. The installation or operation of an expeller unless it
			 is properly hooded and all exhaust gases are ducted to odor control equipment.
			 (3-28-23)
03.
Plant
			 Air
. The installation or operation of a rendering plant unless plant
			 ventilation air is collected and ducted to odor control equipment except if it
			 can be demonstrated that without ducting plant ventilation air to the odor
			 control equipment no noticeable odors from the plant can be detected at the
			 property line. (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.000 - LEGAL AUTHORITY

Current through August 31, 2023
Pursuant to Sections
				39-105 and
				39-3601 et seq., Idaho Code, the
				Director is directed to formulate and recommend to the Board, such rules and
				regulations and standards as may be necessary to deal with the problems related
				to personal health and water pollution. The Director is further charged with
				the supervision and administration of a system to safeguard the quality of the
				waters of the state including the enforcement of standards relating to the
				discharge of effluent into the waters of the state. Authority to adopt rules,
				regulations and standards as are necessary and feasible to protect the
				environment and health of the citizens of the state is vested in the Board
				pursuant to Section
				39-107, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 58.01.02, "Water Quality
			 Standards." (3-31-22)
02.
Scope
. These rules designate uses which are to be protected in and
			 of the waters of the state and establish standards of water quality protective
			 of those uses. Restrictions are placed on the discharge of wastewaters and on
			 human activities which may adversely affect public health and water quality in
			 the waters of the state. In addition, unique and outstanding waters of the
			 state are recognized. These rules do not provide any legal basis for an
			 additional permit system, nor can they be construed as granting to the
			 Department any authority not identified in the Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.002 - WRITTEN INTERPRETATIONS

Current through August 31, 2023
As described in Section
				67-5201(19)(b)(iv),
				Idaho Code, the Department of Environmental Quality may have written statements
				which pertain to the interpretation of these rules. If available, such written
				statements can be inspected and copied at cost at the Department of
				Environmental Quality, 1410 N. Hilton, Boise, Idaho 83706-1255,
www.deq.idaho.gov
.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.003 - ADMINISTRATIVE PROVISIONS

Current through August 31, 2023
Persons may be entitled to appeal agency actions authorized
				under these rules pursuant to IDAPA 58.01.23, "Contested Case Rules and Rules
				for Protection and Disclosure of Records." (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.004 - INCORPORATION BY REFERENCE

Current through August 31, 2023
Codes, standards and regulations may be incorporated by
				reference in these rules pursuant to Section
				67-5229, Idaho Code. Such
				incorporation by reference shall constitute full adoption by reference,
				including any notes or appendices therein, unless expressly provided otherwise
				in these rules. Copies of the codes, standards or regulations adopted by
				reference throughout these rules are available in the following locations:
				(3-31-22)
01.
Department
. Idaho Department of Environmental Quality, 1410 N. Hilton,
			 Boise, Idaho 837061255,
www.deq.idaho.gov
; and
			 (3-31-22)
02.
Code of Federal
			 Regulations
. Superintendent of Documents, U.S. Government Printing
			 Office, Washington, D.C. 20402,
www.ecfr.gov
, and State Law Library, 451 W.
			 State Street, Boise, Idaho 83720. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.005 - OFFICE HOURS - MAILING ADDRESS AND STREET ADDRESS

Current through August 31, 2023
The state office of the Department of Environmental Quality and
				the office of the Board of Environmental Quality are located at 1410 N. Hilton,
				Boise, Idaho 83706-1255, telephone number (208) 373-0502. The office hours are
				8 a.m. to 5 p.m. Monday through Friday. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.006 - CONFIDENTIALITY OF RECORDS

Current through August 31, 2023
Information obtained by the Department under these rules is
				subject to public disclosure pursuant to the provisions of Chapter 1, Title 74,
				Idaho Code. Information submitted under a trade secret claim may be entitled to
				confidential treatment by the Department as provided in Section
				74-114, Idaho Code, and the Rules
				of the Department of Environmental Quality, IDAPA 58.01.21, "Use and Disclosure
				of Records in the Possession of the Department of Environmental Quality."
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.007 - EFFECTIVE FOR CLEAN WATER ACT PURPOSES

Current through August 31, 2023
01.
Alaska
			 Rule
. Water quality standards adopted and submitted to EPA since May 30,
			 2000, are not effective for federal Clean Water Act (CWA) purposes until EPA
			 approves them (see 40 CFR
			 131.21 ). This is known as the Alaska Rule.
			 The process for revising the Idaho water quality standards subject to EPA
			 review and approval, while also retaining the rules effective for CWA purposes,
			 is set out in Subsections
			 007.02 and
			 007.03. (3-31-22)
02.
Existing Rule Retained for Clean
			 Water Act Purposes Until EPA Approval of Rule Revisions
. (3-31-22)
a. When proposing revisions, the Department
			 will make the proposed revisions using legislative format and, in the same rule
			 docket, retain the existing rule that continues to be effective for CWA
			 purposes until the date EPA issues written notification that the rule revisions
			 have been approved. (3-31-22)
b.
			 Notations explaining the effectiveness of both versions of the rule will be
			 included along with the rule text. (3-31-22)
c. Upon the date EPA issues written
			 notification that the rule revisions have been approved, the revised rule will
			 become effective for CWA purposes and the previous rule and notations will be
			 deleted from the Idaho Administrative Code. (3-31-22)
d. In the event EPA issues written
			 notification that the rule revisions have been disapproved, the existing rule
			 effective for CWA purposes will continue to apply. The disapproved rule
			 revisions and notations will be deleted from the Idaho Administrative Code.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.050 - ADMINISTRATIVE POLICY

Current through August 31, 2023
01.
Apportionment of Water
. The adoption of water quality standards
			 and the enforcement of such standards is not intended to conflict with the
			 apportionment of water to the state through any of the interstate compacts or
			 court decrees, or to interfere with the rights of Idaho appropriators, either
			 now or in the future, in the utilization of the water appropriations which have
			 been granted to them under the statutory procedure, or to interfere with water
			 quality criteria established by mutual agreement of the participants in
			 interstate water pollution control enforcement procedures. (3-31-22)
02.
Protection of Waters of the
			 State
. (3-31-22)
a. Wherever
			 attainable, surface waters of the state shall be protected for beneficial uses
			 which for surface waters includes all recreational use in and on the water
			 surface and the preservation and propagation of desirable species of aquatic
			 life; (3-31-22)
b. In all cases,
			 existing beneficial uses of the waters of the state will be protected.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.051 - ANTIDEGRADATION POLICY

Current through August 31, 2023
01.
Maintenance of Existing Uses for All Waters (Tier I Protection)
.
			 The existing in stream water uses and the level of water quality necessary to
			 protect the existing uses shall be maintained and protected.
			 (3-31-22)
02.
High Quality
			 Waters (Tier II Protection)
. Where the quality of the waters exceeds
			 levels necessary to support propagation of fish, shellfish and wildlife and
			 recreation in and on the water, that quality shall be maintained and protected
			 unless the Department finds, after full satisfaction of the intergovernmental
			 coordination and public participation provisions of the Department's continuing
			 planning process, that allowing lower water quality is necessary to accommodate
			 important economic or social development in the area in which the waters are
			 located. In allowing such degradation or lower water quality, the Department
			 shall assure water quality adequate to protect existing uses fully. Further,
			 the Department shall assure that there shall be achieved the highest statutory
			 and regulatory requirements for all new and existing point sources and
			 cost-effective and reasonable best management practices for nonpoint source
			 control. In providing such assurance, the Department may enter together into an
			 agreement with other state of Idaho or federal agencies in accordance with
			 Sections 67-2326 through
			 67-2333, Idaho Code.
			 (3-31-22)
03.
Outstanding
			 Resource Waters (Tier III Protection)
. Where an outstanding resource
			 water has been designated by the legislature, that water quality shall be
			 maintained and protected from the impacts of point and nonpoint source
			 activities. (3-31-22)
04.
Thermal Discharges
. In those cases where potential water quality
			 impairment associated with a thermal discharge is involved, antidegradation
			 shall be implemented consistent with Section
			 316 of the Clean Water Act.
			 (3-31-22)
05.
Waters Subject
			 to the Antidegradation Policy
. Idaho's antidegradation policy only
			 applies to waters subject to the jurisdiction of the Clean Water Act.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.053 - PUBLIC PARTICIPATION

Current through August 31, 2023
In providing general coordination of water quality programs
				within each basin, in carrying out the duties of the Basin Advisory Groups as
				assigned, and in carrying out the provisions of Sections
				39-3601, et seq., Idaho Code, the
				Director and the Basin Advisory Groups shall employ all means of public
				involvement deemed necessary, including the public involvement required under
				Section 67-2340 through Section
				67-2347, Idaho Code, Section
				051 of this rule or required in
				Chapter 52, Title 67, Idaho Code, and shall cooperate fully with the public
				involvement or planning processes of other appropriate public agencies.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.055 - WATER QUALITY LIMITED WATERS AND TMDLS

Current through August 31, 2023
01.
Reporting Water Body Use Support Status
. After using the
			 provisions in Section
			 054, and after consultation with
			 the appropriate basin and watershed advisory groups, the Department shall
			 identify water bodies in the appropriate category in the Integrated Report. The
			 Integrated Report shall be published periodically by the Department in
			 accordance with the applicable provisions of the Clean Water Act and shall be
			 subject to public review and comment prior to submission to EPA for approval.
			 (3-31-22)
02.
Water Bodies
			 Needing Development of a Total Maximum Daily Load (TMDL)
. (3-31-22)
a. The Department shall develop TMDLs or
			 other equivalent processes, as required under Section
			 303(d)(1)  of the
			 Clean Water Act, for those water bodies identified in the Integrated Report as
			 not fully supporting designated or existing beneficial uses and not meeting
			 applicable water quality standards despite the application of required
			 pollution controls. (3-31-22)
b.
			 Informational TMDLs may be developed for water bodies fully supporting
			 beneficial uses as described under Section
			 303(d)(3)  of the
			 Clean Water Act, however, they will not be subject to the provisions of this
			 Section. (3-31-22)
c. TMDLs do not
			 need to be developed for water bodies where other pollutant control
			 requirements are expected to achieve full support of uses and compliance with
			 water quality standards in a reasonable period of time. Such water bodies shall
			 be identified as Category 4(b) waters in the Integrated Report.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.070 - APPLICATION OF STANDARDS

Current through August 31, 2023
01.
Multiple
			 Criteria
. In the application of the use designation, the most stringent
			 criterion of a multiple criteria applies. (3-31-22)
02.
Application of Standards to
			 Nonpoint Source Activities
. The application of water quality standards
			 to nonpoint source activities shall be in accordance with Section
			 350. (3-31-22)
03.
Application of Standards to Point
			 Source Discharges
. The application of water quality standards to point
			 source discharges shall be in accordance with Sections
			 400 and
			 401. (3-31-22)
04.
Applicability of Gas
			 Supersaturation Standard
. The application of gas supersaturation
			 standard shall be in accordance with Section
			 300. (3-31-22)
05.
Mixing Zones
. The
			 application of water quality standards to mixing zones shall be in accordance
			 with Section 060.
			 (3-31-22)
06.
Application of
			 Standards to Intermittent Waters
. Numeric water quality standards only
			 apply to intermittent waters during optimum flow periods sufficient to support
			 the uses for which the water body is designated. For recreation, optimum flow
			 is equal to or greater than five (5) cubic feet per second (cfs). For aquatic
			 life uses, optimum flow is equal to or greater than one (1) cfs.
			 (3-31-22)
07.
Temperature
			 Criteria
. In the application of temperature criteria, the Director may,
			 at his discretion, waive or raise the temperature criteria as they pertain to a
			 specific water body. Any such determination shall be made consistent with
			 40 CFR
			 131.11 and shall be based on a finding that
			 the designated aquatic life use is not an existing use in such water body or
			 would be fully supported at a higher temperature criteria. For any
			 determination, the Director shall, prior to making a determination, provide for
			 public notice and comment on the proposed determination. For any such proposed
			 determination, the Director shall prepare and make available to the public a
			 technical support document addressing the proposed modification.
			 (3-31-22)
08.
Protection of
			 Downstream Water Quality
. All waters shall maintain a level of water
			 quality at their pour point into downstream waters that provides for the
			 attainment and maintenance of the water quality standards of those downstream
			 waters, including waters of another state or tribe. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.080 - VIOLATION OF WATER QUALITY STANDARDS

Current through August 31, 2023
01.
Discharges Which Result in Water Quality Standards Violation
. No
			 pollutant shall be discharged from a single source or in combination with
			 pollutants discharged from other sources in concentrations or in a manner that:
			 (3-31-22)
a. Will or can be expected to result
			 in violation of the water quality standards applicable to the receiving water
			 body or downstream waters; or (3-31-22)
b. Will injure designated or existing
			 beneficial uses; or (3-31-22)
c. Is
			 not authorized by the appropriate authorizing agency for those discharges that
			 require authorization. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.090 - ANALYTICAL PROCEDURES

Current through August 31, 2023
These procedures are available for review at the Idaho
				Department of Environmental Quality, or may be obtained from the U.S.
				Environmental Protection Agency or U.S. Government Printing Office.
				(3-31-22)
01.
Chemical and
			 Physical Procedures
. Sample collection, preservation and analytical
			 procedures to determine compliance with these standards shall conform with the
			 guidelines of the Environmental Protection Agency, 40 CFR, Part 136 , or other
			 methods accepted by the scientific community and deemed appropriate by the
			 Department. (3-31-22)
02.
Metals Procedures
. For the purposes of NPDES permitting, sample
			 collection, preservation and analytical procedures for metals should conform to
			 clean or ultra-clean techniques as described in: (3-31-22)
a. "Guidance Document on Clean Analytical
			 Techniques and Monitoring," EPA, October 1993; or (3-31-22)
b. "Interim Guidance on Determination and Use
			 of Water-Effect Ratios for Metals," EPA, February 1994; or (3-31-22)
c. Other scientifically valid methods deemed
			 appropriate by the Department. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.100 - SURFACE WATER USE DESIGNATIONS

Current through August 31, 2023
Waterbodies are designated in Idaho to protect water quality
				for existing or designated uses. The designated use of a waterbody does not
				imply any rights to access or ability to conduct any activity related to the
				use designation, nor does it imply that an activity is safe. For example, a
				designation of primary or secondary contact recreation may occur in areas where
				it is unsafe to enter the water due to water flows, depth or other hazardous
				conditions. Another example is that aquatic life uses may be designated in
				areas that are closed to fishing or access is not allowed by property owners.
				Wherever attainable, the designated beneficial uses for which the surface
				waters of the state are to be protected include: (3-31-22)
01.
Aquatic Life
. (3-31-22)
a. Cold water (COLD): water quality
			 appropriate for the protection and maintenance of a viable aquatic life
			 community for cold water species. (3-31-22)
b. Salmonid spawning (SS): waters which
			 provide or could provide a habitat for active selfpropagating populations of
			 salmonid fishes. (3-31-22)
c.
			 Seasonal cold water (SC): water quality appropriate for the protection and
			 maintenance of a viable aquatic life community of cool and cold water species,
			 where cold water aquatic life may be absent during, or tolerant of, seasonally
			 warm temperatures. (3-31-22)
d.
			 Warm water (WARM): water quality appropriate for the protection and maintenance
			 of a viable aquatic life community for warm water species. (3-31-22)
e. Modified (MOD): water quality appropriate
			 for an aquatic life community that is limited due to one (1) or more conditions
			 set forth in 40 CFR
			 131.10(g) which preclude
			 attainment of reference streams or conditions. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.101 - NONDESIGNATED SURFACE WATERS

Current through August 31, 2023
01.
Undesignated Surface Waters
. Surface waters not designated in
			 Sections 110 through
			 160 shall be designated according
			 to Section
			 39-3604, Idaho Code, taking into
			 consideration the use of the surface water and such physical, geological,
			 chemical, and biological measures as may affect the surface water. Prior to
			 designation, undesignated waters shall be protected for beneficial uses, which
			 includes all recreational use in and on the water and the protection and
			 propagation of fish, shellfish, and wildlife, wherever attainable. (3-31-22)
a. Because the Department presumes most
			 waters in the state will support cold water aquatic life and primary or
			 secondary contact recreation beneficial uses, the Department will apply cold
			 water aquatic life and primary or secondary contact recreation criteria to
			 undesignated waters unless Sections
			 101.01.b and
			 101.01c. are followed.
			 (3-31-22)
b. During the review of
			 any new or existing activity on an undesignated water, the Department may
			 examine all relevant data or may require the gathering of relevant data on
			 beneficial uses; pending determination in Section
			 101.01.c. existing activities
			 will be allowed to continue. (3-31-22)
c. If, after review and public notice of
			 relevant data, it is determined that beneficial uses in addition to or other
			 than cold water aquatic life and primary or secondary contact recreation are
			 appropriate, then the Department will: (3-31-22)
i. Complete the review and compliance
			 determination of the activity in context with the new information on beneficial
			 uses, and (3-31-22)
ii. Initiate
			 rulemaking necessary to designate the undesignated water, including providing
			 all necessary data and information to support the proposed designation.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.102 - DESIGNATION AND REVISION OF BENEFICIAL USES

Current through August 31, 2023
When designating or revising beneficial uses for a water body,
				the Department shall consult with the basin advisory group and the watershed
				advisory group with the responsibilities for the water body described in
				Chapter 36, Title 39, Idaho Code. After consultation, the Director shall
				identify the designated beneficial uses of each water body in these rules
				pursuant to the rulemaking and public participation provisions of Chapter 52,
				Title 67, Idaho Code. (3-31-22)
01.
Designation of Beneficial Uses
. Beneficial uses shall be
			 designated in accordance with Section
			 39-3604, Idaho Code, taking into
			 consideration the uses set forth in Section
			 100, and such physical, geological,
			 chemical, and biological measures as may affect the surface water. Beneficial
			 uses are designated according to water body unit unless designated otherwise.
			 Use designations are made for each water body or segment whether or not they
			 are being attained or are fully supported at the time of designation. (3-31-22)
a. In designating beneficial uses, which a
			 water body can reasonably be expected to attain, the Department shall consider:
			 (3-31-22)
i. Existing uses of the water body;
			 (3-31-22)
ii. The physical,
			 geological, hydrological, atmospheric, chemical and biological measures that
			 affect the water body; (3-31-22)
iii. The beneficial use attainability
			 measures identified in Section
			 39-3607, Idaho Code;
			 (3-31-22)
iv. The economic impact
			 of the designation and the economic costs required to fully support the
			 beneficial uses; (3-31-22)
v. The
			 attainment and maintenance of the water quality standards of downstream waters,
			 including the waters of downstream states; (3-31-22)
vi. Adopting subcategories of a beneficial
			 use and setting the appropriate criteria to reflect varying needs of such
			 subcategories of beneficial uses, for instance, to differentiate between cold
			 water and warm water fisheries; (3-31-22)
vii. At a minimum, that beneficial uses are
			 deemed attainable if they can be achieved by the imposition of effluent limits
			 required under sections
			 301(b)  and
			 306 of the federal Clean Water Act
			 and cost-effective and reasonable best management practices for nonpoint source
			 control; and (3-31-22)
viii.
			 Designating seasonal beneficial uses as an alternative to reclassifying a water
			 body or segment thereof to uses requiring less stringent water quality
			 criteria. If seasonal beneficial uses are adopted, water quality criteria may
			 be adjusted to reflect the timing of the beneficial use, e.g., salmonid
			 spawning. However, seasonal beneficial uses and their criteria shall not
			 preclude the attainment and maintenance of a more protective beneficial use at
			 other times. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.200 - GENERAL SURFACE WATER QUALITY CRITERIA

Current through August 31, 2023
The following general water quality criteria apply to all
				surface waters of the state, in addition to the water quality criteria set
				forth for specifically designated waters. (3-31-22)
01.
Hazardous Materials
. Surface
			 waters of the state shall be free from hazardous materials in concentrations
			 found to be of public health significance or to impair designated beneficial
			 uses. These materials do not include suspended sediment produced as a result of
			 nonpoint source activities. (3-31-22)
02.
Toxic Substances
. Surface
			 waters of the state shall be free from toxic substances in concentrations that
			 impair designated beneficial uses. These substances do not include suspended
			 sediment produced as a result of nonpoint source activities.
			 (3-31-22)
03.
Deleterious
			 Materials
. Surface waters of the state shall be free from deleterious
			 materials in concentrations that impair designated beneficial uses. These
			 materials do not include suspended sediment produced as a result of nonpoint
			 source activities. (3-31-22)
04.
Radioactive Materials
. (3-31-22)
a. Radioactive materials or radioactivity
			 shall not exceed the values listed in the Code of Federal Regulations, Title
			 10, Chapter 1, Part 20, Appendix B, Table 2, Effluent Concentrations, Column 2.
			 (3-31-22)
b. Radioactive materials
			 or radioactivity shall not exceed concentrations required to meet the standards
			 set forth in Title 10, Chapter 1, Part 20, of the Code of Federal Regulations
			 for maximum exposure of critical human organs in the case of foodstuffs
			 harvested from these waters for human consumption.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.210 - NUMERIC CRITERIA FOR TOXIC SUBSTANCES FOR WATERS DESIGNATED FOR AQUATIC LIFE, RECREATION, OR DOMESTIC WATER SUPPLY USE

Current through August 31, 2023
01.
Criteria for Toxic
			 Substances
. The criteria of Section
			 210 apply to surface waters of the
			 state as provided in Tables 1 and 2. (3-31-22)
a. Table 1 contains criteria set for
			 protection of aquatic life. Criteria for metals (arsenic through zinc) are
			 expressed as dissolved fraction unless otherwise noted. For purposes of these
			 criteria, dissolved fraction means that which passes through a forty-five
			 hundredths (0.45) micron filter. (3-31-22)
Subsections
							 210.01 and
							 210.01.a. are effective for
							 CWA purposes until the date EPA issues written notification that the revisions
							 in Docket No. 58-0102-2201 have been approved.
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.250 - SURFACE WATER QUALITY CRITERIA FOR AQUATIC LIFE USE DESIGNATIONS

Current through August 31, 2023
01.
General Criteria
. The
			 following criteria apply to all aquatic life use designations. Surface waters
			 are not to vary from the following characteristics due to human activities:
			 (3-31-22)
a. Hydrogen Ion Concentration (pH)
			 values within the range of six point five (6.5) to nine point zero (9.0);
			 (3-31-22)
b. The total
			 concentration of dissolved gas not exceeding one hundred and ten percent (110%)
			 of saturation at atmospheric pressure at the point of sample collection;
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.251 - SURFACE WATER QUALITY CRITERIA FOR RECREATION USE DESIGNATIONS

Current through August 31, 2023
01.
Toxics Criteria
. Waters
			 designated for recreation must meet the Fish Only water quality criteria set
			 forth in Subsection 210.01.b. (3-31-22)
02.
Fecal Indicators
. Waters
			 designated for recreation must meet criteria for indicator bacteria of fecal
			 contamination. Either of the following indicators is sufficient for determining
			 compliance with the fecal indicator criteria: (3-31-22)
a.
E. Coli
Bacteria.
			 (3-31-22)
i. Waters designated for recreation
			 are not to contain
E. coli
bacteria, used as indicators of
			 human pathogens, in concentrations exceeding: (3-31-22)
(1) A geometric mean of one hundred
			 twenty-six (126)
E. coli
counts per one hundred (100) mL based
			 on a minimum of five (5) samples taken every three (3) to eleven (11) days over
			 a forty-five (45) day period; or (3-31-22)
(2) A statistical threshold value (STV) of
			 four hundred and ten (410)
E. coli
counts per one hundred
			 (100) mL in more than ten percent (10%) of samples collected over a forty-five
			 (45) day period. The Department will ensure samples collected represent the
			 forty-five (45) day duration. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.252 - SURFACE WATER QUALITY CRITERIA FOR WATER SUPPLY USE DESIGNATION

Current through August 31, 2023
01.
Domestic
. Waters designated
			 for domestic water supplies are to exhibit the following characteristics:
			 (3-31-22)
a. Must meet general water quality
			 criteria set forth in Section
			 200 and the Water & Fish
			 criteria set forth in Subsection
			 210.01.b. (3-31-22)
b. Turbidity. (3-31-22)
i. Turbidity as measured at any public water
			 intake shall not be: (3-31-22)
(1) Increased
			 by more than five (5) NTU above background when background turbidity is fifty
			 (50) NTU or less; (3-31-22)
(2)
			 Increased by more than ten percent (10%) above background when background
			 turbidity is greater than fifty (50) NTU and less than two hundred and fifty
			 (250) NTU; or (3-31-22)
(3)
			 Increased by more than twenty-five (25) NTU above background when background
			 turbidity is two hundred and fifty (250) NTU or greater.
			 (3-31-22)
ii. Turbidity
			 Background/Criteria Table.
Turbidity
							 Background
Turbidity
							 Criteria
[Less Than equal to] 50 NTUs
5 NTUs above background
> 50 - < 250 NTUs
10% above background
[Greater Than equal to] 250 NTUs
25 NTUs
(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.253 - SURFACE WATER QUALITY CRITERIA FOR WILDLIFE AND AESTHETICS USE DESIGNATIONS

Current through August 31, 2023
01.
Wildlife
			 Habitats
. Water quality criteria for wildlife habitats will generally be
			 satisfied by the general water quality criteria set forth in Section
			 200. Should specificity be
			 desirable or necessary to protect a specific use, appropriate criteria will be
			 adopted in Sections 253 or
			 275 through
			 298. (3-31-22)
02.
Aesthetics
. Water quality
			 criteria for aesthetics will generally be satisfied by the general water
			 quality criteria set forth in Section
			 200. Should specificity be
			 desirable or necessary to protect a specific use, appropriate criteria will be
			 adopted in Sections 253 or
			 275 through
			 298. (3-31-22)