reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.001 - TITLE, SCOPE AND APPLICABILITY

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 58.01.24, "Standards and
			 Procedures for Application of Risk Based Corrective Action at Petroleum Release
			 Sites." (3-31-22)
02.
Scope
. These rules establish standards and procedures to determine
			 whether and what risk based corrective action measures should be applied to
			 property subject to assessment and cleanup requirements under IDAPA 58.01.02,
			 Sections 851 and
			 852, "Water Quality Standards," and
			 associated definitions; IDAPA 58.01.11, Subsection
			 400.05, "Ground Water Quality
			 Rule;" or when assessment and cleanup requirements are incorporated into
			 compliance documents entered into per Chapter 1, Title 39, Idaho Code.
			 Compliance with these rules shall not relieve persons from the obligation to
			 comply with other applicable state or federal laws. These rules do not apply to
			 previously closed sites. The Department will not require any additional
			 evaluation of petroleum sites previously granted closure unless there is a new
			 petroleum release. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.002 - 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.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.003 - 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 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.005 - AVAILABILITY OF REFERENCED MATERIAL

Current through August 31, 2023
Documents and data bases referenced within these rules are
				available at the following locations: (3-31-22)
01.
Idaho Risk Evaluation Manual for
			 Petroleum Releases
. Idaho Risk Evaluation Manual for Petroleum Releases
			 and subsequent editions,
http://www.deq.idaho.gov
.
			 (3-31-22)
02.
U.S. EPA
			 RAGS.
U.S. EPA RAGS, Volume 1,
			 http://www.epa.gov/oswer/riskassessment/policy.htm#5. (3-31-22)
03.
U.S. EPA Exposure Factors
			 Handbook
. U.S. EPA Exposure Factors Handbook,
			 http://www.epa.gov/ncea/pdfs/efh/front.pdf. (3-31-22)
04.
Idaho Source Water Assessment
			 Plan
. Idaho Source Water Assessment Plan,
http://www.deq.idaho.gov
.
			 (3-31-22)
05.
EPA Regional
			 Screening Tables
. EPA Regional Screening Tables,
			 http://www.epa.gov/reg3hwmd/risk/human/rb-concentration_table/index.htm.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.006 - 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, (208) 373-0502,
www.deq.idaho.gov
. 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 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.007 - 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 Title 74, Chapter 1,
				Idaho Code, and IDAPA 58.01.21, "Rules Governing the Protection and Disclosure
				of Records in the Possession of the Idaho Department of Environmental Quality."
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.008 - TABLES

Current through August 31, 2023
01.
Chemicals of Interest for Various
			 Petroleum Products
. The table of chemicals of interest for various
			 petroleum products is available in Section
			 800 of these rules.
			 (3-31-22)
02.
Screening Level
			 Concentrations for Soil, Ground Water, and Soil Vapor
. The table of
			 screening level concentrations for soil, ground water, and soil vapor is
			 available in the Idaho Risk Evaluation Manual for Petroleum Releases at
www.deq.idaho.gov
.
			 (3-31-22)
03.
Default
			 Toxicity Values for Risk Evaluation
. The table of default toxicity
			 values for risk evaluation is available in the Idaho Risk Evaluation Manual for
			 Petroleum Releases at
www.deq.idaho.gov
. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.009 - ACRONYMS

Current through August 31, 2023
01.
EPA
. The United States
			 Environmental Protection Agency. (3-31-22)
02.
PST
. Petroleum Storage Tank
			 System. (3-31-22)
03.
RAGS
. Risk Assessment Guidance for Superfund. (3-31-22)
04.
UECA
. Uniform Environmental
			 Covenant Act. See definition in Section
			 010. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.100 - CHEMICALS EVALUATED AT PETROLEUM RELEASE SITES

Current through August 31, 2023
01.
General Applicability
. For petroleum sites governed by Sections
			 851 and
			 852 of IDAPA 58.01.02, "Water
			 Quality Standards," the chemicals listed in Section
			 800, table of chemicals of interest
			 for various petroleum products, will be evaluated based on the specific
			 petroleum product or products known or suspected to have been released.
			 (3-31-22)
02.
Additional
			 Chemicals
. Evaluation of non-petroleum chemicals in addition to those in
			 Section 800, table of
			 chemicals of interest for various petroleum products, may be required by the
			 Department when there is a reasonable basis based on site-specific information.
			 A reasonable basis shall be demonstrated by the Department when it can show
			 documentation of releases or suspected releases of other non-petroleum
			 chemicals. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.200 - RISK EVALUATION PROCESS

Current through August 31, 2023
The following risk evaluation process shall be used for
				petroleum releases in accordance with the Petroleum Release Response and
				Corrective Action Rules described in IDAPA 58.01.02, "Water Quality Standards,"
				Section 852.
				(3-31-22)
01.
Screening
			 Evaluation
. The screening evaluation may be performed at any time during
			 the release response and corrective action process described in IDAPA 58.01.02,
			 "Water Quality Standards," Section
			 852. The screening evaluation shall
			 include, at a minimum: (3-31-22)
a.
			 Collection of media-specific (soil, surface water, ground water) data; and
			 (3-31-22)
b. Identification of
			 maximum soil, ground water, and soil vapor petroleum chemical concentrations
			 for the chemicals identified in Section
			 800, table of chemicals of interest
			 for various petroleum products, as appropriate for the petroleum product or
			 products released. (3-31-22)
c.
			 Comparison of the maximum media-specific petroleum contaminant concentrations
			 to the screening levels identified in the table of screening level
			 concentrations for soil, ground water, and soil vapor in the Idaho Risk
			 Evaluation Manual for Petroleum Releases. If the maximum media-specific
			 petroleum contaminant concentrations at a site do not exceed the screening
			 levels, the owner and/or operator may petition for site closure, subject to
			 other Department regulatory obligations. If the maximum media-specific
			 concentrations at a site exceed the screening levels, the owner and/or operator
			 shall proceed to: (3-31-22)
i. Adopt the
			 screening levels as cleanup levels and develop a corrective action plan to
			 achieve those levels pursuant to Subsection
			 200.03; or (3-31-22)
ii. Perform a site specific risk evaluation
			 pursuant to Section 300. The
			 Department may require the collection of additional site-specific data prior to
			 the approval of the risk evaluation. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.300 - SITE SPECIFIC RISK EVALUATION REQUIREMENTS

Current through August 31, 2023
01.
General Requirements
. The general requirements for human health
			 risk evaluations shall include, at a minimum: (3-31-22)
a. A conceptual site model which describes
			 contaminant sources; release mechanisms; the magnitude, spatial extent, and
			 temporal trends of petroleum contamination in all affected media; transport
			 routes; current and reasonably likely future land use and human receptors; and
			 relevant exposure scenarios. (3-31-22)
b. Toxicity Information derived from
			 appropriate sources including, but not limited to, those listed in Subsection
			 300.01.e. (3-31-22)
c. Data quality objectives and sampling
			 approaches based on the conceptual site model that support the risk evaluation
			 and risk management process. (3-31-22)
d. Estimated exposure point concentrations
			 for a reasonable maximum exposure based on a conservative estimate of the mean
			 of concentrations of chemicals that would be contacted by an exposed receptor.
			 (3-31-22)
e. Exposure analysis
			 including identification of contaminants of concern, potentially exposed
			 populations, pathways and routes of exposure, exposure point concentrations and
			 their derivation, and a quantitative estimate of reasonable maximum exposure
			 for both current and reasonably likely future land and water use scenarios.
			 Appropriate reference sources of reasonable maximum exposure factor information
			 may include, but are not limited to: (3-31-22)
i. U.S. EPA RAGS, Volume 1;
			 (3-31-22)
ii.  U.S. EPA Exposure
			 Factors Handbook; (3-31-22)
iii.
			 Idaho Risk Evaluation Manual for Petroleum Releases; and (3-31-22)
iv. Other referenced technical publications.
			 (3-31-22)
f. Risk
			 characterization presenting the quantitative human health risks and a
			 qualitative and quantitative assessment of uncertainty for each portion of the
			 risk evaluation. (3-31-22)
g. Risk
			 evaluations may include the use of transport and fate models, subject to
			 Department approval of the model and the data to be used for the parameters
			 specified in the model. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.400 - ESTABLISHMENT OF REMEDIATION STANDARDS

Current through August 31, 2023
If, as a result of the assessment and risk evaluation completed
				as described in Section
				300, it is determined that
				corrective action is required, remediation standards shall be established. The
				remediation standards established in these rules shall be no more stringent
				than applicable or relevant and appropriate federal and state standards and are
				consistent with Section
				121 of the Comprehensive
				Environmental Response, Compensation, and Liability Act (CERCLA) (
				42 U.S.C. Section
				9621 ) and Section
				39-107D(2), Idaho
				Code, taking into consideration site specific conditions. These standards, and
				any activity use limitations proposed for the site, shall be established as
				part of a corrective action plan approved in writing by the Department. The
				standards may consist of the following. (3-31-22)
01.
Screening Levels
. The
			 petroleum contaminant concentrations in soil, ground water, and soil vapor in
			 the table of screening level concentrations for soil, ground water, and soil
			 vapor in the Idaho Risk Evaluation Manual for Petroleum Releases.
			 (3-31-22)
02.
Risk Based
			 Levels
. Site-specific, media-specific petroleum contaminant
			 concentrations established in accordance with the risk evaluation procedures
			 and requirements described in Section
			 300. (3-31-22)
03.
Generic Health Standards
. An
			 established state or federal generic numerical health standard which achieves
			 an appropriate health-based level so that any substantial present or probable
			 future risk to human health or the environment is eliminated or reduced to
			 protective levels based upon present and reasonably anticipated future uses of
			 the site. (3-31-22)
04.
Other
. Remediation standards may be a combination of standards
			 found in Subsections 400.01
			 through 400.03.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.500 - FACTORS WHEN PRACTICAL QUANTITATION LIMITS ARE GREATER THAN SCREENING LEVELS AND CLEANUP LEVELS

Current through August 31, 2023
Practical quantitation limits may be greater than screening
				levels or risk based concentrations for certain chemicals. In such cases the
				following factors may be used in allowing practical quantitation limits as
				remediation standards: (3-31-22)
01.
Analytical Method
. The published or expected practical
			 quantitation limit for a specific chemical and method, and the availability of
			 other methods which may enable lower practical quantitation limits to be
			 achieved. (3-31-22)
02.
Method Detection Limit
. The magnitude of the difference between
			 the stated practical quantitation limit and the method detection limit.
			 (3-31-22)
03.
Sampling
			 Procedures
. The availability of alternative sampling procedures which
			 may enable lower practical quantitation limits to be achieved.
			 (3-31-22)
04.
Estimated Risk
			 Levels
. The estimated risk levels when site concentrations are assumed
			 to be at the practical quantitation limit. (3-31-22)
05.
Other
. Site specific factors
			 other than those listed above. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.600 - ACTIVITY AND USE LIMITATIONS

Current through August 31, 2023
01.
Purpose
. The provisions of the Uniform Environmental Covenants Act
			 (UECA), Chapter 30, Title 55, Idaho Code, may be utilized to create
			 restrictions and/or obligations regarding activity and use to protect the
			 integrity of a cleanup action and assure the continued protection of human
			 health and the environment. Activity and use limitations shall be proposed as
			 elements of a corrective action plan in at least the following circumstances:
			 (3-31-22)
a. Where onsite current or proposed
			 land use is not residential and maximum residual site concentrations are
			 greater than screening levels for residential use; (3-31-22)
b. Where onsite current or proposed land use
			 is not residential and the risk or hazard calculated for residential receptors
			 through an approved risk evaluation is unacceptable; (3-31-22)
c. Where off-site ground water concentrations
			 exceed residential use screening levels or risk based concentrations; or
			 (3-31-22)
d. When the Department
			 determines, based upon the proposed corrective action plan, that such activity
			 and use limitations are required to assure the continued protection of human
			 health and the environment or the integrity of the cleanup action.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.700 - DEVELOPMENT OF GUIDANCE MANUAL

Current through August 31, 2023
The Department will prepare a risk evaluation manual for
				petroleum releases which will be used as guidance for implementation of these
				rules. The Department will, through public notice, invite the Board of Trustees
				established in Section
				41-4904, Idaho Code, and members
				of the public, including the regulated community, to participate in the process
				to provide input to the Department in developing this manual. If the Department
				identifies the need for future substantive revisions of the risk evaluation
				manual for petroleum releases, the Department will follow the same public
				notice process as described above. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.800 - TABLE

Current through August 31, 2023
Chemicals of Interest for Various Petroleum Products:
CHEMICALS OF INTEREST FOR
							 VARIOUS PETROLEUM PRODUCTS
Chemical
Gasoline/ JP-4/
							 AVGas
Diesel/ Fuel Oil No. 2/
							 Kerosene
Fuel Oil
							 No.4
Jet Fuels (Jet A, JP-5,
							 JP-8)
Benzene
X
X
X
Toluene
X
X
X
Ethyl benzene
X
X
X
Xylenes (mixed)
X
X
X
Ethylene Dibromide (EDB)
X1
1,2 Dichloroethane (EDC)
X1
Methyl Tert-Butyl Ether (MTBE)
X
Acenaphthene
X
X
X
Anthracene
X
X
X
Benzo(a)pyrene
X
X
X
Benzo(b)fluoranthene
X
X
X
Benzo(k)fluoranthene
X
X
X
Benz(a)anthracene
X
X
X
Chrysene
X
X
X
Fluorene
X
X
X
Fluoranthene
X
X
X
Naphthalene
X
X
X
X
Pyrene
X
X
X
X1 Leaded Regular
							 Only
(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Department and the Board are authorized to formulate and
				adopt rules as are necessary to obtain approval of the IPDES program by EPA
				pursuant to Section
				39-175C, Idaho Code. The
				Department is authorized to implement and enforce the rules in this chapter
				pursuant to the Sections
				39-175A -C and the provisions of
				the Environmental Protection and Health Act, Sections
				39-101 et seq., Idaho Code. The
				rules in this chapter are not effective until the requirements in Section
				39 -175C, Idaho Code, have been met
				and the United States EPA has approved, under
				33 U.S.C.
				1342(b), Idaho's
				administration of the IPDES program. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The rules are titled IDAPA 58.01.25, "Rules Regulating the
			 Idaho Pollutant Discharge Elimination System Program." (3-24-22)
02.
Scope
. These rules establish
			 the procedures and requirements for the issuance and maintenance of permits for
			 facilities or activities for which a person is required by Idaho Code and the
			 Clean Water Act to obtain authorization to discharge pollutants to waters of
			 the United States. These permits are referred to in these rules as "IPDES
			 permits" or "permits." (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.002 - CONFIDENTIALITY OF RECORDS

Current through August 31, 2023
01.
Identifying Confidential Information
. Information obtained by the
			 Department under these rules is subject to public disclosure pursuant to the
			 provisions of Chapter 1, Title 74, Idaho Code, and IDAPA 58.01.23, "Contested
			 Case Rules and Rules for Protection and Disclosure of Records." In accordance
			 with Sections
			 74-101 through
			 74-119, Idaho Code, any
			 information submitted to the Department pursuant to these rules may be claimed
			 as confidential by the submitter. It is the responsibility of the submitter to
			 give notice of the existence of a claim of confidentiality on each page or
			 other portion of information at the time of submittal and such person has the
			 burden of demonstrating that the information is confidential.
			 (3-24-22)
02.
Denial of
			 Confidential Claims
. In accordance with Section
			 74-114, Idaho Code, a claim of
			 confidentiality, including but not limited to a claim as to information claimed
			 confidential as a trade secret, will be denied and any person may inspect and
			 copy: (3-24-22)
a. The name and address of any
			 IPDES applicant or permittee; (3-24-22)
b. The content of any IPDES permit;
			 (3-24-22)
c. IPDES permit
			 applications, and information required to be submitted by IPDES application
			 forms under Section 105
			 (Application for an Individual IPDES Permit), or IPDES General Permit Notice of
			 Intent, and information required to be submitted under Section
			 130 (General Permits), whether the
			 information is submitted on the application forms themselves or in any
			 attachments used to supply information required by the application forms; and
			 (3-24-22)
d. Effluent data as
			 defined in 40 CFR
			 2.302. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.003 - INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS

Current through August 31, 2023
01.
Availability of Reference Material
. Codes, standards and
			 regulations may be incorporated by reference in this rule pursuant to Section
			 67-5229, Idaho Code. Codes,
			 standards or regulations adopted by reference throughout this rule are
			 available in the following locations: (3-24-22)
a. Department of Environmental Quality.
			 Department of Environmental Quality, 1410 N. Hilton, Boise, ID 83706-1255.
			 (3-24-22)
b. Law Library. State Law
			 Library, 451 W. State Street, P.O. Box 83720, Boise, ID 83720-0051.
			 (3-24-22)
c. Electronic Code of
			 Federal Regulations (eCFR)
http://www.ecfr.gov/cgi-bin/ECFR
.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.004 - ADMINISTRATIVE PROVISIONS

Current through August 31, 2023
Persons may be entitled to appeal final IPDES permit decisions
				pursuant to Section 204 (Appeals
				Process) of these rules. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.005 - 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.
				(3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.006 - OFFICE HOURS - MAILING ADDRESS AND STREET ADDRESS

Current through August 31, 2023
The state office of the Department of Environmental Quality is
				located at 1410 N. Hilton, Boise, Idaho 83706, (208) 373-0502,
www.deq.idaho.gov
. The office
				hours are 8 a.m. to 5 p.m. Monday through Friday. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.010 - DEFINITIONS

Current through August 31, 2023
For the purpose of the rules contained in IDAPA 58.01.25,
				"Rules Regulating the Idaho Pollutant Discharge Elimination System Program,"
				the following definitions apply. Terms not expressly defined in this section
				have the meaning provided by IDAPA 58.01.02, Section
				010, "Water Quality Standards," or
				IDAPA 58.01.16, Section
				010, "Wastewater Rules."
				(3-24-22)
01.
Animal Feeding
			 Operation
. A lot or facility (other than an aquatic animal production
			 facility) where the following conditions are met: (3-24-22)
a. Animals (other than aquatic animals) have
			 been, are, or will be stabled or confined and fed or maintained for a total of
			 forty-five (45) days or more in any twelve (12)-month period; and
			 (3-24-22)
b. Crops, vegetation,
			 forage growth, or post-harvest residues are not sustained in the normal growing
			 season over any portion of the lot or facility. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.050 - COMPUTATION OF TIME

Current through August 31, 2023
01.
Computing
			 Time
. In computing any period of time scheduled to begin after or before
			 the occurrence of an act or event, the date of the act or event is not
			 included. The last day of the period is included, unless it is a Saturday, a
			 Sunday, or a legal holiday, in which case the period runs until the end of the
			 next day which is neither a Saturday, a Sunday, nor holiday. The section does
			 not apply to submission deadlines for twenty-four (24) hour reporting, permit
			 applications, or notices of intent for coverage under a general permit
			 (3-24-22)
02.
Notice by
			 Mail
. Whenever a party or interested person has the right or is required
			 to act within a prescribed period after the service of notice or other paper
			 and the notice or paper is served upon him or her by mail, three (3) days will
			 be added to the prescribed time. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.090 - SIGNATURE REQUIREMENTS

Current through August 31, 2023
01.
Permit
			 Applications and Notices of Intent
. All IPDES permit applications and
			 notices of intent must be signed by a certifying official as follows: (3-24-22)
a. For a corporation, a responsible corporate
			 officer shall sign the application or notice of intent. In this subsection, a
			 responsible corporate officer means: (3-24-22)
i. A president, secretary, treasurer, or
			 vice-president of the corporation in charge of a principal business function,
			 or any other person who performs similar policy- or decision-making functions
			 for the corporation; or (3-24-22)
ii. The manager of one (1) or more
			 manufacturing, production, or operating facilities, if: (3-24-22)
(1) The manager is authorized to make
			 management decisions that govern the operation of the regulated facility,
			 including having the explicit or implicit duty of making major capital
			 investment recommendations, and initiating and directing other comprehensive
			 measures to assure long-term environmental compliance with environmental
			 statutes and regulations; (3-24-22)
(2) The manager can ensure that the necessary
			 systems are established or actions taken to gather complete and accurate
			 information for IPDES permit application requirements; and (3-24-22)
(3) Authority to sign documents has been
			 assigned or delegated to the manager in accordance with corporate procedures;
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.100 - EFFECT OF A PERMIT

Current through August 31, 2023
01.
Rights
. The issuance of, or coverage under, an IPDES permit does
			 not convey any property rights or any exclusive privilege nor does it authorize
			 any injury to persons or property or invasion of other private rights, or any
			 infringement of state or local law or regulations. The issuance of, or coverage
			 under, an IPDES permit does not constitute authorization of the permitted
			 activities by any other state or federal agency or private person or entity,
			 and does not excuse the permit holder from the obligation to obtain any other
			 necessary approvals, authorizations, or permits. (3-24-22)
02.
Compliance
. Except for any
			 toxic effluent standards and prohibitions imposed under the Clean Water Act
			 section 307, and
			 standards for sewage sludge use or disposal under the Clean Water Act section
			 405(d), compliance
			 with an IPDES permit during its term constitutes compliance, for purposes of
			 enforcement, with Clean Water Act sections
			 301,
			 302,
			 306,
			 307,
			 318,
			 403, and
			 405(a) through
			 (b). However, a permit or coverage under a
			 permit may be modified, revoked and reissued, or terminated during its term for
			 cause as set out in Sections
			 130 (General Permits), 201
			 (Modification, or Revocation and Reissuance of IPDES Permits), and 203
			 (Termination of IPDES Permits). (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.101 - DURATION

Current through August 31, 2023
01.
Permit Term
. IPDES permits
			 shall be issued for a fixed duration not to exceed five (5) years. (3-24-22)
a. The Department may issue a permit for a
			 period of less than five (5) years. An explanation of the reasoning behind
			 issuing a permit for a shorter period shall be provided in the fact sheet.
			 (3-24-22)
b. The duration of a
			 permit may not be modified to lengthen the effective term of the permit past
			 the maximum five (5) year duration. (3-24-22)
c. A permit may be issued to expire on or
			 after the statutory deadline set forth in the Clean Water Act sections
			 301(b)(2)(A), (C), and
			 (E), if the permit includes effluent
			 limitations to meet the requirements of the Clean Water Act sections
			 301(b)(2)(A), (C), (D), (E) and
			 (F), whether or not applicable effluent
			 limitations guidelines have been promulgated or approved. (3-24-22)
d. A determination that a particular
			 discharger falls within a given industrial category for purposes of setting a
			 permit expiration date under Subsection
			 101.01.c. is not conclusive as
			 to the discharger's inclusion in that industrial category for any other
			 purposes, and does not prejudice any rights to challenge or change that
			 inclusion at the time that a permit based on that determination is formulated.
			 (3-24-22)
e. A federally-issued
			 NPDES permit, the administration of which has been transferred to the
			 Department upon or after EPA approval of the IPDES program, shall continue in
			 effect and be enforceable by the Department, subject to Subsections
			 101.02 and
			 101.03.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.102 - OBLIGATION TO OBTAIN AN IPDES PERMIT

Current through August 31, 2023
01.
Persons
			 Who Must Obtain a Permit
. Any person who discharges or proposes to
			 discharge a pollutant from any point source into waters of the United States,
			 or who owns or operates a sludge-only facility whose sewage sludge use or
			 disposal practice is regulated by 40 CFR Part 503 or these rules, and who does
			 not have an IPDES or NPDES permit in effect, shall submit a complete IPDES
			 permit application to the Department, unless the discharge, proposed discharge,
			 or TWTDS: (3-24-22)
a. Is covered by one (1)
			 or more general permits in compliance with Section
			 130 (General Permits). Any
			 applicant must complete a notice of intent for any discharge or proposed
			 discharge that is covered by one (1) or more general permits;
			 (3-24-22)
b. Is excluded from IPDES
			 permit requirements under Subsection
			 102.05; (3-24-22)
c. Is by a user to a privately owned
			 treatment works, and the Department, under Section
			 370 (Pretreatment Standards), does
			 not otherwise require the person to apply for a permit; or (3-24-22)
d. Is a TWTDS facility that uses or disposes
			 of sewage sludge to which a standard applicable to its sewage sludge use or
			 disposal practices have not been published. Such facilities shall submit
			 limited background information, as specified in Subsection
			 105.17.o., within one (1) year
			 after publication of applicable standards. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.103 - PERMIT PROHIBITIONS

Current through August 31, 2023
The Department will not issue an IPDES permit for a discharge:
				(3-24-22)
01.
Clean Water Act
			 Compliance
. Unless the conditions of the permit provide for compliance
			 with the applicable requirements of IDAPA 58.01.02, "Water Quality Standards"
			 and 58.01.25 "Rules Regulating the Idaho Pollutant Discharge Elimination System
			 Program"; (3-24-22)
02.
EPA
			 Objection
. When the Department has received written objection pursuant
			 to 40 CFR
			 123.44 from the EPA Regional Administrator to
			 issuance of the permit and until the objections are resolved according to the
			 process identified in the Memorandum of Agreement between EPA and the
			 Department; (3-24-22)
03.
Water Quality Requirements
. When the imposition of conditions
			 cannot ensure compliance with the applicable water quality requirements of all
			 affected states; (3-24-22)
04.
Anchorage and Navigation Impaired
. When, in the judgment of the
			 Secretary of the United States Army through the Army Corp Chief of Engineers,
			 anchorage and navigation in or on any of the waters of the United States would
			 be substantially impaired by the discharge; (3-24-22)
05.
Banned Content
. Of any
			 radiological, chemical, or biological warfare agent or high level radioactive
			 waste; (3-24-22)
06.
Area
			 Wide Waste Treatment Management Plans
. That is inconsistent with a plan
			 or plan amendment approved under the Clean Water Act section
			 208(b); or
			 (3-24-22)
07.
New Sources or
			 New Dischargers
. For a new source or new discharger, if the discharge
			 from its construction or operation will cause or contribute to the violation of
			 water quality standards. (3-24-22)
a. When the
			 owner or operator of a new source or new discharge proposes to discharge into a
			 water segment that does not meet applicable water quality standards, or that is
			 not expected to meet those standards even after the application of the effluent
			 limitations required by Clean Water Act sections
			 301(b)(1)(A) and
			 (B), and for which the state or interstate
			 agency has performed a pollutant load allocation for the pollutant to be
			 discharged, then the owner or operator must demonstrate that: (3-24-22)
i. There are sufficient remaining pollutant
			 load allocations to allow for the discharge; and (3-24-22)
ii. The existing dischargers into that
			 segment are subject to compliance schedules designed to bring the segment into
			 compliance with applicable water quality standards.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.104 - PRE-APPLICATION PROCESS

Current through August 31, 2023
Any person who intends to apply for a permit or who proposes to
				discharge a pollutant into the waters of the United States should contact the
				Department to schedule a meeting prior to submitting an application to discuss:
				(3-24-22)
01.
IPDES Permit
			 Applicability
. Whether the actions or facility will require an IPDES
			 permit, and whether other suitable permitting options are available;
			 (3-24-22)
02.
Application
			 Content
. The IPDES permit application requirements; and
			 (3-24-22)
03.
Application
			 Schedule
. The IPDES permit application submittal schedule.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.106 - INDIVIDUAL PERMIT APPLICATION REVIEW

Current through August 31, 2023
01.
Completeness Criteria
. The Department will not begin processing or
			 issue an individual IPDES permit application before receiving a complete
			 application. An application is complete when an application form and any
			 supplemental information are completed and submitted to the Department's
			 satisfaction. The Department will not consider a permit application to be
			 complete until all applicable fees required under Section
			 110 (Permit Fee Schedule for IPDES
			 Permitted Facilities) are paid. (3-24-22)
02.
Sufficiently Sensitive
			 Methods
. Except as specified in Subsection
			 106.02.c., a permit
			 application shall not be considered complete unless all required quantitative
			 data are collected in accordance with sufficiently sensitive analytical methods
			 approved under 40 CFR Part 136 or required under
			 40 CFR Parts
			 400 through
			 471 and
			 501 through
			 503. (3-24-22)
a. A method approved under 40 CFR Part 136 or
			 required under 40 CFR Parts
			 400 through
			 471 and
			 501 through
			 503 is "sufficiently sensitive"
			 when: (3-24-22)
i. The method minimum level
			 (ML) is at or below the level of the applicable water quality criterion for the
			 measured pollutant or pollutant parameter; or (3-24-22)
ii. The method ML is above the applicable
			 water quality criterion, but the amount of the pollutant or pollutant parameter
			 in a facility's discharge is high enough that the method detects and quantifies
			 the level of the pollutant or pollutant parameter in the discharge; or
			 (3-24-22)
iii. The method has the
			 lowest ML of the analytical methods approved under 40 CFR Part 136 or required
			 under 40 CFR Parts
			 400 through
			 471 and
			 501 through
			 503 for the measured pollutant or
			 pollutant parameter. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.107 - DECISION PROCESS

Current through August 31, 2023
After the Department has determined that a permit application
				is complete the Department will decide whether to tentatively deny the
				application, or prepare an IPDES draft permit. (3-24-22)
01.
Application Denial
. If the
			 Department decides to tentatively deny the application: (3-24-22)
a. A notice of intent to deny the permit
			 application shall be issued. A notice of intent to deny the permit application
			 is a type of draft permit which follows the same procedures as any draft permit
			 and shall be made available for public comment, and the Department shall give
			 notice of opportunity for a public meeting, as specified in Section
			 109 (Public Notification and
			 Comment); (3-24-22)
b. The
			 Department shall generate a response to public comment; and (3-24-22)
c. Issue a final decision. The final decision
			 may: (3-24-22)
i. Be to withdraw the notice
			 of intent to deny the application, and proceed to prepare a draft permit and
			 fact sheet as defined in Section
			 108 (Draft Permit and Fact Sheet);
			 or (3-24-22)
ii. Confirm the
			 decision to deny the application. (3-24-22)
d. The applicant may appeal the final
			 decision to deny the application by adhering to the requirements of Section
			 204 (Appeals Process).
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.108 - DRAFT PERMIT AND FACT SHEET

Current through August 31, 2023
01.
Draft
			 Permit
. (3-24-22)
a. If the Department
			 decides to prepare a draft permit, it shall contain the following information:
			 (3-24-22)
i. All conditions established under
			 Section 300
			 (Conditions Applicable to All Permits); (3-24-22)
ii. All conditions for specific categories
			 established under Section
			 301 (Permit Conditions for Specific
			 Categories) and 40 CFR
			 122.42(e).
			 (3-24-22)
iii. All conditions
			 established under Section
			 302 (Establishing Permit
			 Provisions); (3-24-22)
iv. All
			 conditions established under Section
			 303 (Calculating Permit
			 Provisions); (3-24-22)
v. All
			 monitoring requirements established under Section
			 304 (Monitoring and Reporting
			 Requirements); (3-24-22)
vi.
			 Schedules of compliance established under Section
			 305 (Compliance Schedules); and
			 (3-24-22)
vii. Any variances that
			 are approved. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.109 - PUBLIC NOTIFICATION AND COMMENT

Current through August 31, 2023
01.
Public
			 Notification
. (3-24-22)
a. The
			 Department will give notice to the public that: (3-24-22)
i. A draft permit has been prepared under
			 Subsection 108.01; (3-24-22)
ii. The Department intends to deny a permit
			 application under Subsection
			 107.01; (3-24-22)
iii. A public meeting is scheduled; or
			 (3-24-22)
iv. An IPDES new source
			 determination has been made. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.110 - FEE SCHEDULE FOR IPDES PERMITTED FACILITIES

Current through August 31, 2023
01.
Effective Date
. Annual fees
			 must be paid for each fee year beginning one (1) year after the effective date
			 of the IPDES program for the affected category of discharger and continuing for
			 each succeeding year. (3-24-22)
02.
Fee Schedule
. (3-24-22)
a.
			 Publicly and privately owned treatment works, and any other discharger
			 designated by the Department (Subsection
			 105.11.a.), must pay an annual
			 fee based on the number of equivalent dwelling units (EDUs). The fee is $1.74
			 per EDU. EDUs and the appropriate annual fee will be calculated according to
			 the definition of EDUs in Section
			 010 by the following: (3-24-22)
i. The Department calculates facility EDUs;
			 or (3-24-22)
ii. Existing
			 facilities may annually report to the Department the number of EDUs served; or
			 (3-24-22)
iii. New facilities may
			 report to the Department the number of EDUs to be served, based on the facility
			 planning design as part of the IPDES permit application.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.120 - NEW SOURCES AND NEW DISCHARGES

Current through August 31, 2023
01.
Criteria
			 for New Source Determination
. Except as otherwise provided in an
			 applicable new source performance standard, a source is a new source if it
			 meets the definition in Section
			 010 (Definitions), and: (3-24-22)
a. Is constructed at a site at which no other
			 source is located; or (3-24-22)
b.
			 Totally replaces the process or production equipment that causes the discharge
			 of pollutants at an existing source; or (3-24-22)
c. Its processes are substantially
			 independent of an existing source at the same site. In determining whether
			 these processes are substantially independent, the Department shall consider
			 such factors as: (3-24-22)
i. The extent to
			 which the new facility is integrated with the existing plant; and
			 (3-24-22)
ii. The extent to which
			 the new facility is engaged in the same general type of activity as the
			 existing source. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.130 - GENERAL PERMITS

Current through August 31, 2023
01.
Coverage
. The Department may issue a general permit in accordance
			 with the following: (3-24-22)
a. Within a
			 geographic area, the general permit will be written to cover one (1) or more
			 categories or subcategories of discharges or sludge use or disposal practices
			 or facilities described in the permit under Subsection
			 130.01.b.ii., except those
			 covered by individual permits within a geographic area. The area should
			 correspond to existing geographic or political boundaries such as: (3-24-22)
i. Designated planning areas under the Clean
			 Water Act sections 208 and
			 303; (3-24-22)
ii. Sewer districts or sewer authorities;
			 (3-24-22)
iii. City, county, or
			 state political boundaries; (3-24-22)
iv. State highway systems;
			 (3-24-22)
v. Standard metropolitan
			 statistical areas as defined by state or federal agencies; (3-24-22)
vi. Urbanized areas as designated by the U.S.
			 Census Bureau; or (3-24-22)
vii.
			 Any other appropriate division or combination of boundaries.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.200 - RENEWAL OF IPDES PERMITS

Current through August 31, 2023
01.
Interim
			 Effluent Limits
. Except as provided in Subsection
			 200.02, when a permit is renewed
			 or reissued, interim effluent limitations, standards or conditions must be at
			 least as stringent as the final effluent limitations, standards, or conditions
			 in the previous permit unless the circumstances on which the previous permit
			 was based: (3-24-22)
a. Have materially and
			 substantially changed since the time the permit was issued; and
			 (3-24-22)
b. Would constitute cause
			 for permit modification or revocation and reissuance under Subsection
			 201.02.
			 (3-24-22)