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)
02.
Final
Clean Water Act Section
402(a)(1)(B)
Effluent Limits. In the case of effluent limitations established by the
Department on the basis of the Clean Water Act section
402(a)(1)(B), a
permit may not be renewed, reissued, or modified on the basis of effluent
guidelines promulgated under Clean Water Act section
304(b) after the
original issuance of a permit, to contain effluent limitations which are less
stringent than the comparable effluent limitations in the previous permit,
except a permit may be renewed, reissued, or modified to contain a less
stringent effluent limitation applicable to a pollutant, if: (3-24-22)
a. Material and substantial alterations or
additions to the permitted facility occurred after permit issuance, which
justify the application of a less stringent effluent limitation;
(3-24-22)
b. Information is
available: (3-24-22)
i. Which was not
available at the time of permit issuance (other than revised regulations,
guidance, or test methods) and which would have justified the application of a
less stringent effluent limitation at the time of permit issuance; or
(3-24-22)
ii. Which the Department
determines indicates that technical mistakes or mistaken interpretations of law
were made in issuing the permit under the Clean Water Act section
402(a)(1)(b);
(3-24-22)
c. A less
stringent effluent limitation is necessary because of events over which the
permittee has no control and for which there is no reasonably available remedy;
(3-24-22)
d. The permittee has
received a permit modification under the Clean Water Act section
301(c),
301(g),
301(i),
301(k),
301(n), or
316(a); or
(3-24-22)
e. The permittee has
installed the treatment facilities required to meet the effluent limitations in
the previous permit and has properly operated and maintained the facilities but
has nevertheless been unable to achieve the previous effluent limitations. In
this case the limitations in the reviewed, reissued, or modified permit may
reflect the level of pollutant control actually achieved (but shall not be less
stringent than required by effluent guidelines in effect at the time of permit
renewal, reissuance, or modification). (3-24-22)
03.
Final Clean Water Act Section
301(b)(1)(C) or
303 Effluent Limits. In the
case of effluent limitations established on the basis of Clean Water Act
section 301(b)(1)(C)
or section
303(d) or (e), a
permit may not be renewed, reissued, or modified to contain effluent
limitations which are less stringent than the comparable effluent limitations
in the previous permit except when: (3-24-22)
a. One of the exceptions in Subsection
200.02 apply; or
(3-24-22)
b. The water to which the
discharge occurs is identified as impaired on Idaho's Integrated Report and the
effluent limitation is based on a total maximum daily load or other waste load
allocation established under Clean Water Act section
303, if the cumulative effect of
all revised effluent limitations based on such total maximum daily load or
waste load allocation will assure the attainment of applicable water quality
standards; or (3-24-22)
c. The
water quality in the water to which the discharge occurs meets or exceeds
levels required by applicable water quality standards and the effluent
limitation is based on a total maximum daily load or other waste load
allocation established under Clean Water Act section
303, any water quality standard, or
any permitting standard, if such revision is subject to and consistent with the
antidegradation policy and implementation procedures in the water quality
standards. (3-24-22)
04.
Effluent Limits and Water Quality Standards. In no event may a
permit with respect to which Subsection
200.02 or
200.03 applies be renewed,
reissued, or modified to contain an effluent limitation which is less stringent
than required by effluent guidelines in effect at the time the permit is
renewed, reissued, or modified. In no event may such a permit to discharge into
waters of the United States be renewed, issued, or modified to contain a less
stringent effluent limitation if the implementation of such limitation would
result in a violation of a water quality standard under IDAPA 58.01.02, "Water
Quality Standards." (3-24-22)
