Current through August 31, 2023
The Department will establish conditions, as required on a
case-by-case basis, to provide for and ensure compliance with all applicable
requirements of the Clean Water Act and state rules, including conditions under
Section 101 (duration
of permits), Section 305
(compliance schedules), Section
304 (monitoring), and electronic
reporting requirements identified under 40 CFR Part 127 . An IPDES permit must
include conditions meeting the following requirements, when applicable, in
addition to other applicable sections of these rules. (3-24-22)
01.
Incorporation. All permit
conditions shall be incorporated either expressly or by reference. If
incorporated by reference, a specific citation to the applicable regulations or
requirements must be given in the permit. (3-24-22)
02.
Applicable Requirements. The
Department shall establish conditions, as required on a case-by- case basis, to
provide for and assure compliance with all applicable requirements of the Clean
Water Act and Section
101 (Duration), and Subsections
304.01, and
305.01 of these rules. (3-24-22)
a. Applicable requirements include all
statutory or regulatory requirements which take effect prior to final
administrative disposition of the permit. (3-24-22)
b. Applicable requirements also include any
requirement which takes effect prior to the modification or revocation and
reissuance of a permit under Section
201 (Modification, or Revocation
and Reissuance of IPDES Permits). (3-24-22)
c. New or reissued permits, and to the extent
allowed under Section
201 (Modification, or Revocation
and Reissuance of IPDES Permits) for modified or revoked and reissued permits,
shall incorporate each of the applicable requirements referenced in Sections
200 (Renewal of IPDES Permits), and
302 (Establishing Permit Provisions) through 304 (Monitoring and Reporting
Requirements). (3-24-22)
03.
Technology-Based Effluent
Limitations and Standards. (3-24-22)
a.
Technology-based effluent limitations and standards shall be based on:
(3-24-22)
i. Effluent limitations and
standards promulgated under the Clean Water Act section
301; (3-24-22)
ii. New source performance standards
promulgated under the Clean Water Act section
306; (3-24-22)
iii. Effluent limitations determined on a
case-by-case basis under the Clean Water Act section
402(a)(1); or
(3-24-22)
iv. A combination of the
three (3), in accordance with
40 CFR
125.3. (3-24-22)
b. For new sources or new dischargers, these
technology based limitations and standards are subject to the provisions of
40 CFR
122.29(d).
(3-24-22)
c. The Department may
authorize a discharger, subject to technology-based effluent limitations
guidelines and standards in an IPDES permit, to forgo sampling of a pollutant
found at 40 CFR Parts
401 through
471, if the discharger has
demonstrated through sampling and other technical factors that the pollutant is
not present in the discharge or is present only at background levels from
intake water and without any increase in the pollutant due to activities of the
discharger. (3-24-22)
i. This waiver is good
only for the term of the permit and is not available during the term of the
first NPDES or IPDES permit issued to a discharger. (3-24-22)
ii. Any request for this waiver must be
submitted when applying for a reissued permit or modification of a reissued
permit. The request must demonstrate through sampling or other technical
information, including information generated during an earlier permit term that
the pollutant is not present in the discharge or is present only at background
levels from intake water and without any increase in the pollutant due to
activities of the discharger. (3-24-22)
iii. Any grant of the monitoring waiver must
be included in the permit as an express permit condition and the reasons
supporting the grant must be documented in the permit's fact sheet.
(3-24-22)
iv. This provision does
not supersede certification processes and requirements already established in
existing effluent limitations guidelines and standards.
(3-24-22)
04.
Other Effluent Limitations and Standards. (3-24-22)
a. If any applicable toxic effluent
limitations and standards under the Clean Water Act sections
301,
302,
303,
307,
318, and
405 or prohibition (including any
schedule of compliance specified in such effluent standard or prohibition) is
promulgated under the Clean Water Act section
307(a) for a
toxic pollutant and that standard or prohibition is more stringent than any
limitation on the pollutant in the permit, the Department shall initiate
proceedings under Section
201 (Modification, or Revocation
and Reissuance of IPDES Permits) to modify or revoke and reissue the permit to
conform to the more stringent toxic effluent standard or prohibition (see also
Subsection 300.01). (3-24-22)
b. Standards for sewage sludge use or
disposal under the Clean Water Act section
405(d), Section
380 (Sewage Sludge) of these rules,
and IDAPA 58.01.16.650, "Wastewater Rules," shall be applied, unless those
standards have been included in a permit issued under the appropriate
provisions of: (3-24-22)
i. Subtitle C of the
Solid Waste Disposal Act; (3-24-22)
ii. Part C of Safe Drinking Water Act;
(3-24-22)
iii. The Clean Air Act;
or (3-24-22)
iv. State permit
programs approved by the EPA. (3-24-22)
c. When there are no applicable standards for
sewage sludge use or disposal, the permit may include requirements developed on
a case-by-case basis to protect public health and the environment from any
adverse effects which may occur from toxic pollutants in sewage sludge.
(3-24-22)
d. If any applicable
standard for sewage sludge use or disposal is promulgated under the Clean Water
Act section 405(d), Section
380 (Sewage Sludge) of these rules,
and IDAPA 58.01.16.650, "Wastewater Rules," that standard is more stringent
than any limitation on the pollutant or practice in the permit, the Department
may initiate proceedings under these regulations to modify or revoke and
reissue the permit, in compliance with Section
201 (Modification, or Revocation
and Reissuance of IPDES Permits), to conform to the standard for sewage sludge
use or disposal. (3-24-22)
e.
Include any requirements applicable to cooling water intake structures under
the Clean Water Act section
316(b), in
accordance with 40 CFR
125.80 through
125.99.
(3-24-22)
05.
Reopener Clause. For any permit issued to a TWTDS (including
sludge-only facilities), the Department shall include a reopener clause to
incorporate any applicable standard for sewage sludge use or disposal
promulgated under the Clean Water Act section
405(d). The
Department may promptly modify or revoke and reissue any permit containing the
reopener clause required by this subsection if the standard for sewage sludge
use or disposal: (3-24-22)
a. Is more
stringent than any requirements for sludge use or disposal in the permit, or
(3-24-22)
b. Controls a pollutant
or practice not limited in the permit. (3-24-22)
06.
Water Quality Standards and
Requirements. Any requirements in addition to or more stringent than
promulgated effluent limitations guidelines or standards under the Clean Water
Act sections 301,
304,
306,
307,
318 and
405 shall be included in a permit
if they are necessary to: (3-24-22)
a. Achieve
water quality standards established in IDAPA 58.01.02, "Water Quality
Standards," including narrative criteria for water quality and antidegradation
provisions. (3-24-22)
i. Effluent limitations
in a permit must control all pollutants or pollutant parameters (either
conventional, nonconventional, or toxic pollutants) which the Department
determines are or may be discharged at a level which will cause, have the
reasonable potential to cause, or contribute to an excursion above any water
quality standard, including narrative criteria for water quality.
(3-24-22)
ii. When the Department
determines whether a discharge causes, has the reasonable potential to cause,
or contributes to an in-stream excursion above a narrative or numeric criteria
within a water quality standard, the Department shall use procedures which
account for: (3-24-22)
(1) Existing controls
on point and nonpoint sources of pollution; (3-24-22)
(2) The variability of the pollutant or
pollutant parameter in the effluent; (3-24-22)
(3) The sensitivity of the species to
toxicity testing (when evaluating whole effluent toxicity); and where
appropriate, (3-24-22)
(4) The
dilution of the effluent in the receiving water; (3-24-22)
iii. When the Department determines, using
the procedures in Subsection
302.06.a.ii., that a
discharge causes, has the reasonable potential to cause, or contributes to an
in-stream excursion above the allowable ambient concentration of a state
numeric criteria within a state water quality standard for an individual
pollutant, the permit must contain effluent limits for that pollutant.
(3-24-22)
iv. When the Department
determines, using the procedures in Subsection
302.06.a.ii., that a
discharge causes, has the reasonable potential to cause, or contributes to an
in-stream excursion above the numeric criterion for whole effluent toxicity,
the permit must contain effluent limits for whole effluent toxicity.
(3-24-22)
v. Except as provided in
this subsection, when the Department determines, using the procedures in
Subsection 302.06.a.ii., toxicity
testing data, or other information, that a discharge causes, has the reasonable
potential to cause, or contributes to an in-stream excursion above a narrative
criterion within an applicable water quality standard, the permit must contain
effluent limits for whole effluent toxicity. Limits on whole effluent toxicity
are not necessary where the Department demonstrates in the fact sheet of the
IPDES permit, using the procedures in Subsection
302.06.a.ii., that
chemical-specific limits for the effluent are sufficient to attain and maintain
applicable numeric and narrative state water quality standards.
(3-24-22)
vi. When the state has
not established a numeric water quality criterion for a specific chemical
pollutant that is present in an effluent at a concentration that causes, has
the reasonable potential to cause, or contributes to an excursion above a
narrative criterion within an applicable state water quality standard, the
Department must establish effluent limits using one (1) or more of the
following options: (3-24-22)
(1) Establish
effluent limits using a calculated numeric water quality target or
concentration value for the pollutant which the Department demonstrates will
attain and maintain applicable narrative water quality criteria and will fully
protect the designated use. Such a target or concentration value may be
derived: (3-24-22)
(a) Using a proposed
criterion, or an explicit policy or regulation interpreting its narrative water
quality criterion, and (3-24-22)
(b) Supplemented with other relevant
information which may include EPA's Water Quality Standards Handbook, as
currently revised, risk assessment data, exposure data, information about the
pollutant from the Food and Drug Administration (FDA), and current EPA criteria
documents; (3-24-22)
(2)
Establish effluent limits on a case-by-case basis, using EPA's water quality
criteria, published under the Clean Water Act section
304(a),
supplemented where necessary by other relevant information; or
(3-24-22)
(3) Establish effluent
limitations on an indicator parameter for the pollutant of concern, provided:
(3-24-22)
(a) The permit identifies which
pollutants are intended to be controlled by the use of the effluent limitation;
(3-24-22)
(b) The required fact
sheet sets forth the basis for the limit, including a finding that compliance
with the effluent limit on the indicator parameter will result in controls on
the pollutant of concern which are sufficient to attain and maintain applicable
water quality standards; (3-24-22)
(c) The permit requires all effluent and
ambient monitoring necessary to show that during the term of the permit the
limit on the indicator parameter continues to attain and maintain applicable
water quality standards; and (3-24-22)
(d) The permit contains a reopener clause
allowing the Department to modify or revoke and reissue the permit if the
limits on the indicator parameter no longer attain and maintain applicable
water quality standards. (3-24-22)
vii. When developing water quality-based
effluent limits under this subsection, the Department shall ensure that:
(3-24-22)
(1) The level of water quality to be
achieved by limits on point sources established under this subsection is
derived from, and complies with all applicable water quality standards; and
(3-24-22)
(2) Effluent limits
developed to protect a narrative water quality criterion, a numeric water
quality criterion, or both, are consistent with the assumptions and
requirements of any available wasteload allocation for the discharge prepared
by the state and approved by EPA pursuant to
40 CFR
130.7;
(3-24-22)
b.
Attain or maintain a specified water quality through water quality related
effluent limits established under the Clean Water Act section
302; (3-24-22)
c. Conform to applicable water quality
requirements under the Clean Water Act section
402(b)(5) when
the discharge affects a state other than Idaho; (3-24-22)
d. Incorporate any more stringent
limitations, treatment standards, or schedules of compliance requirements
established under federal or state law or regulations in accordance with the
Clean Water Act section
301(b)(1)(C);
(3-24-22)
e. Ensure consistency
with the requirements of a Water Quality Management plan approved by EPA under
the Clean Water Act section
208(b); or
(3-24-22)
f. Incorporate
alternative effluent limitations or standards where warranted by fundamentally
different factors, under 40
CFR 125.30 through
125.32.
(3-24-22)
07.
Technology-Based Controls for Toxic Pollutants. (3-24-22)
a. In determining whether to include
limitations on toxic pollutants in a permit under this section, the Department
will establish limits in accordance with Subsections
302.03,
302.04, and
302.06 and in a notification
under Section 301 (Permit
Conditions for Specific Categories), or other relevant information. The fact
sheet must explain the development of limitations included in the permit.
(3-24-22)
b. An IPDES permit must
include limitations to control all toxic pollutants which the Department
determines (based on information reported in a permit application under
Subsection 105.07 and
301.01.a., or on other
information) are or may be discharged at a level greater than the level which
can be achieved by the technology-based treatment requirements appropriate to
the permittee under 40 CFR
125.3(c).
(3-24-22)
c. The requirement that
the limitations control the pollutants meeting the criteria of Subsection
302.07.b. will be satisfied
by: (3-24-22)
i. Limitations on those toxic
pollutants; or (3-24-22)
ii.
Limitations on other pollutants which, in the judgment of the Department, will
provide treatment of the pollutants under Subsection
302.07.b. to the levels
required by 40 CFR
125.3(c).
(3-24-22)
08.
Notification Level. An IPDES permit must include a condition
requiring a notification level which exceeds the notification level of
Subsection 301.01.a., upon a petition
from the permittee or on the Department's initiative. This new notification
level may not exceed the level which can be achieved by the technology-based
treatment requirements appropriate to the permittee under
40 CFR
125.3(c).
(3-24-22)
09.
Twenty-Four
(24) Hour Reporting. A permit will list pollutants for which the
permittee is required to report violations of maximum daily discharge
limitations within twenty-four (24) hours under Subsection
300.12.f.iii(3),
including any toxic pollutant or hazardous substance, or any pollutant
specifically identified as the method to control a toxic pollutant or hazardous
substance. (3-24-22)
10.
Permit Durations. Permits must include permit durations pursuant
to Subsection 101.01.
(3-24-22)
11.
Monitoring
Requirements. Permits must include monitoring requirements pursuant to
Section 304
(Monitoring and Reporting Requirements). (3-24-22)
12.
Pretreatment Program for
POTWs. A POTW permit must include pretreatment program conditions
requiring the permittee to: (3-24-22)
a.
Identify, in terms of character and volume of pollutants, any Significant
Industrial Users discharging into the POTW subject to Pretreatment Standards
under the Clean Water Act section
307(b) and
40 CFR Part 403 ;
(3-24-22)
b. Submit a local program
when required by and in accordance with 40 CFR Part 403, to ensure compliance
with pretreatment standards to the extent applicable under the Clean Water Act
section 307(b): (3-24-22)
i. The local program shall be incorporated
into the permit as described in 40 CFR Part 403, and (3-24-22)
ii. The program must require all indirect
dischargers to the POTW to comply with the reporting requirements of 40 CFR
Part 403 ; (3-24-22)
c.
Provide written technical evaluation of the need to revise local limits under
40 CFR
403.5(c)(1), following
permit issuance or reissuance; and (3-24-22)
d. POTWs which are sludge-only facilities,
are required to develop a pretreatment program under 40 CFR Part 403 , when the
Department determines that a pretreatment program is necessary to assure
compliance with the Clean Water Act section
405(d).
(3-24-22)
13.
Best
Management Practices. An IPDES permit must include best management
practices (BMPs) to control or abate the discharge of pollutants when:
(3-24-22)
a. Authorized under the Clean Water
Act section 304(e) for the
control of toxic pollutants and hazardous substances from ancillary industrial
activities; (3-24-22)
b. Authorized
under the Clean Water Act section
402(p) for the
control of storm water discharges; (3-24-22)
c. Numeric effluent limitations are
infeasible; or (3-24-22)
d. The
practices are reasonably necessary to achieve effluent limitations and
standards or to carry out the purposes and intent of the Clean Water Act.
(3-24-22)
14.
Reissued Permits. When a permit is renewed or reissued, it must
include provisions pursuant to Section
200 (Renewal of IPDES Permits).
(3-24-22)
15.
Privately-Owned
Treatment Works. For a privately owned treatment works, any conditions
expressly applicable to any user, as a limited co-permittee, that may be
necessary in the permit issued to the treatment works to ensure compliance with
applicable requirements under this section. (3-24-22)
a. Alternatively, the Department may issue
separate permits to the treatment works and to its users, or may require a
separate permit application from any user. (3-24-22)
b. The Department's decision to issue a
permit with no conditions applicable to any user, to impose conditions on one
(1) or more users, to issue separate permits, or to require separate
applications, and the basis for that decision, shall be stated in the fact
sheet for the draft permit for the treatment works.
(3-24-22)
16.
Grants. An IPDES permit must include any conditions imposed in
grants made by the EPA to POTWs under the Clean Water Act sections
201 and
204, which are reasonably necessary
for the achievement of effluent limitations under the Clean Water Act section
301. (3-24-22)
17.
Sewage Sludge. An IPDES
permit must include any requirements under the Clean Water Act section
405 governing the disposal of
sewage sludge from POTWs or any other TWTDS for any use for which regulations
have been established, in accordance with any applicable regulations.
(3-24-22)
18.
Navigation. An IPDES permit must include any conditions that the
Secretary of the Army considers necessary to ensure that navigation and
anchorage will not be substantially impaired, in accordance with Subsection
103.04 and
109.02. (3-24-22)
19.
Qualifying State or Local
Programs. (3-24-22)
a. For storm water
discharges associated with small construction activity disturbing one (1) acre
or more, but less than five (5) acres as specified in
40 CFR
122.26(b)(15), the
Department may include permit conditions that incorporate by reference
qualifying state or local erosion and sediment control program requirements.
Where a qualifying state or local program does not include one (1) or more of
the elements in this subsection, then the Department must include those
elements as conditions in the permit. (3-24-22)
b. A qualifying state or local erosion and
sediment control program is one that includes: (3-24-22)
i. Requirements for construction site
operators to implement appropriate erosion and sediment control best management
practices; (3-24-22)
ii.
Requirements for construction site operators to control waste such as discarded
building materials, concrete truck washout, chemicals, litter, and sanitary
waste at the construction site that may cause adverse impacts to water quality;
(3-24-22)
iii. Requirements for
construction site operators to develop and implement a storm water pollution
prevention plan, which must include: (3-24-22)
(1) Site descriptions; (3-24-22)
(2) Descriptions of appropriate control
measures; (3-24-22)
(3) Copies of
approved state or local requirements; (3-24-22)
(4) Maintenance procedures;
(3-24-22)
(5) Inspection
procedures; (3-24-22)
(6)
Identification of non-storm water discharges; and (3-24-22)
iv. Requirements to submit a site plan for
review that incorporates consideration of potential water quality impacts.
(3-24-22)
c. For storm
water discharges from a construction activity disturbing five (5) acres or
more, including activities that disturb less than acres (5) acres but are part
of a larger common plan of development or sale that will ultimately disturb
five (5) acres or more, as specified in
40 CFR
122.26(b)(14)(x), the
Department may include permit conditions that incorporate by reference
qualifying state or local erosion and sediment control program requirements. A
qualifying state or local erosion and sediment control program is one that
includes the elements listed in Subsections
302.19.a. and b. and any
additional requirements necessary to achieve the applicable technology-based
standards of best available technology and best conventional technology based
on the best professional judgment of the permit writer.
(3-24-22)
