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)
02.
Incorporation by Reference. The following documents are
incorporated by reference into these rules. Any reference in these rules to
requirements, procedures, or specific forms contained in any section or
subsection constitute the full adoption by reference of that section or
subsection, including any notes and appendices therein, unless expressly
provided otherwise in these rules: (3-24-22)
a.
40 CFR
122.21(r), revised as of
July 1, 2020 (Application Requirements for Facilities with Cooling Water Intake
Structures); (3-24-22)
b.
40 CFR
122.23, revised as of July 1, 2020
(Concentrated Animal Feeding Operations); (3-24-22)
c.
40 CFR
122.24, revised as of July 1, 2020
(Concentrated Aquatic Animal Production Facilities); (3-24-22)
d.
40 CFR
122.25, revised as of July 1, 2020
(Aquaculture Projects); (3-24-22)
e.
40 CFR
122.26(a) through (b) and
40 CFR
122.26(e) through (g),
revised as of July 1, 2020 (Storm Water Discharges); (3-24-22)
f.
40 CFR
122.27, revised as of July 1, 2020
(Silvicultural Activities); (3-24-22)
g.
40 CFR
122.29(d), revised as of
July 1, 2020 (Effect of Compliance with New Source Performance Standards);
(3-24-22)
h.
40 CFR
122.30 and
40 CFR
122.32 through
40 CFR
122.37, revised as of July 1, 2020
(Requirements and Guidance for Small Municipal Separate Storm Sewer Systems);
(3-24-22)
i.
40 CFR
122.42(e), revised as of
July 1, 2020 (Additional Conditions Applicable to NPDES Permits for
Concentrated Animal Feeding Operations); (3-24-22)
j. Appendix A to
40 CFR
122, revised as of July 1, 2020 (NPDES
Primary Industry Categories); (3-24-22)
k. Appendix C to
40 CFR
122, revised as of July 1, 2020 (Criteria for
Determining a Concentrated Aquatic Animal Production Facility);
(3-24-22)
l. Appendix D to
40 CFR
122, revised as of July 1, 2020 (NPDES Permit
Application Testing Requirements); (3-24-22)
m. Appendix J to
40 CFR
122, revised as of July 1, 2020 (NPDES Permit
Testing Requirements for Publicly Owned Treatment Works); (3-24-22)
n.
40 CFR
125.1 through
40 CFR
125.3 (Subpart A), revised as of July 1, 2020
(Criteria and Standards for Imposing Technology-Based Treatment Requirements
Under Sections 301(b)
and
402 of the Clean Water Act);
(3-24-22)
o.
40 CFR
125.10 through
40 CFR
125.11 (Subpart B), revised as of July 1,
2020 (Criteria for Issuance of Permits to Aquaculture Projects);
(3-24-22)
p.
40 CFR
125.30 through
40 CFR
125.32 (Subpart D), revised as of July 1,
2020 (Criteria and Standards for Determining Fundamentally Different Factors
Under Sections 301(b)(1)(A)
and
301(b)(2)(A) and
(E) of the Clean Water Act);
(3-24-22)
q.
40 CFR
125.70 through
40 CFR
125.73 (Subpart H), revised as of July 1,
2020 (Criteria for Determining Alternative Effluent Limitations Under Section
316(a) of the
Clean Water Act); (3-24-22)
r.
40 CFR
125.80 through
40 CFR
125.89 (Subpart I), revised as of July 1,
2020 (Requirements Applicable to Cooling Water Intake Structures for New
Facilities Under Section
316(b) of the
Clean Water Act); (3-24-22)
s.
40 CFR
125.90 through
40 CFR
125.99 (Subpart J), revised as of July 1,
2020 (Requirements Applicable to Cooling Water Intake Structures for Phase II
Existing Facilities Under Section
316(b) of the
Clean Water Act); (3-24-22)
t.
40 CFR
127.11 through
40 CFR
127.16 (Subpart B), revised as of July 1,
2020 (Electronic reporting of NPDES Information from NPDES-Regulated
Facilities); (3-24-22)
u.
40 CFR
129.1 through
40 CFR
129.105 (Subpart A), revised as of July 1,
2020 (Toxic Pollutant Effluent Standards and Prohibitions); (3-24-22)
v.
40 CFR
133.100 through
40 CFR
133.105, revised as of July 1, 2020
(Secondary Treatment Regulation); (3-24-22)
w. 40 CFR Part 136 , revised as of July 1,
2020 (Guidelines Establishing Test Procedures for the Analysis of Pollutants,
including Appendices A, B, C, and D); (3-24-22)
x. 40 CFR Part 401 , revised as of July 1,
2020 (General Provisions); (3-24-22)
y.
40 CFR
403.1 through
40 CFR
403.3;
40 CFR
403.5 through
40 CFR
403.18, revised as of July 1, 2020 (General
Pretreatment Regulations for Existing and New Sources of Pollution, including
Appendices D, E, and G); (3-24-22)
z.
40 CFR Part
405 through 40 CFR Part 471 , revised as of
July 1, 2020 (Effluent Limitations and Guidelines); and (3-24-22)
aa.
40 CFR
503.2 through
40 CFR
503.48, revised as of July 1, 2020 (Sewage
Sludge, including Appendices A and B). (3-24-22)
bb. The term "Waters of the United States or
waters of the U.S.," as defined in
40 CFR
122.2, revised as of June 22, 2020, by 85
Federal Register 22250-22342 (April 21, 2020), unless said revision is stayed,
overturned or invalidated by a court of law or withdrawn by EPA, in which case
the Department incorporates by reference the term "Waters of the United States
or waters of the U.S." as defined in
40 CFR
122.2, revised as of December 23, 2019.
(3-24-22)
03.
Term
Interpretation. For the federal regulations incorporated by reference
into these rules, unless the context in which a term is used clearly requires a
different meaning, terms in this section have the following meanings: (3-24-22)
a. The term Administrator or Regional
Administrator means the EPA Region 10 Administrator; (3-24-22)
b. The term Control Authority means the POTW
for a facility with a Department-approved pretreatment program and the
Department for a POTW without a Department-approved pretreatment program;
(3-24-22)
c. The term Director or
State Director means the Director of the Department of Environmental Quality
with an NPDES permit program approved pursuant to section
402(b) of the
Clean Water Act; (3-24-22)
d. The
term National Pollutant Discharge Elimination System (NPDES) means the Idaho
Pollutant Discharge Elimination System (IPDES); (3-24-22)
e. The term Permitting Authority (also
preceded by the terms NPDES or State) means the Idaho Department of
Environmental Quality with an NPDES permit program approved pursuant to section
402(b) of the
Clean Water Act. (3-24-22)