Idaho Administrative Code — Environmental Quality, Department of

IDAPA 58 Environmental Quality, Department of

58.01.07 Rules Regulating Underground Storage Tank Systems

IDAPA 58.01.07.000 Legal Authority

Chapters 1 and 88, Title 39, Idaho Code.(7-1-24)

IDAPA 58.01.07.001 Scope

These rules have the scope and applicability provided in Section 39-8804, Idaho Code.(7-1-24)

IDAPA 58.01.07.002 Administrative Provisions

Persons may be entitled to appeal agency actions auth orized under these rules pursuant to IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(7-1-24)

IDAPA 58.01.07.003 Incorporation by Reference

01.Documents Incorporated by Reference. T echnical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, 40 CFR Part 280, revised as of July 1, 2023 with the following exclusions:(7-1-24) a.40 CFR 280.12, the definition of “Replaced”;(7-1-24) b.40 CFR 280.12, the definition of “Under-dispenser containment or UDC”;(7-1-24) c.40 CFR 280.20, the introductory paragraph sentence, “In addition, except for suction piping that meets the requirements of Section 280.41(b)(1)(ii)(A) through (E), tanks and piping installed or replaced after April 11, 2016 must be secondarily contained and use interstitial monitoring in accordance with Section 280.43(g),”; d.40 CFR 280.20(f);(7-1-24) e.40 CFR 280.34(b)(9), the citation to Section 280.245;(7-1-24) f.40 CFR 280.41(a)(1), “installed on or before April 11, 2016...”;(7-1-24) g.40 CFR 280.41(a)(2);(7-1-24) h.40 CFR 280.41(b)(1), “installed on or before April 11, 2016...”;(7-1-24) i.40 CFR 280.41(b)(2);(7-1-24) j.40 CFR 280.42, Note to paragraph (a), “for tank installed on or before October 13, 2015.”; k.40 CFR 280.42(e), “installed on or before October 13, 2015...”; and(7-1-24) l.40 CFR Part 280. Subpart J.(7-1-24)

02.Consistency. In the event of conflict or inconsistency between the language in IDAPA 58.01.07 and that found in 40 CFR Part 280, IDAPA 58.01.07 will prevail.(7-1-24)

03.Stringency. IDAPA 58.01.07 will be no more stringent than federal law or regulations governing UST systems.(7-1-24)

IDAPA 58.01.07.004 (Reserved)

IDAPA 58.01.07.010 Definitions

The term “department” has the meani ng provided for that term in Section 39-103, Idaho Code.(7-1-24)

01.Community Water System. As defined in IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems,” Section 003.(7-1-24)

02.Existing. Solely for purposes of determining when secondary containment is required, existing is when a UST, piping, motor fuel dispensing system, facility, public drinking water system or potable drinking water well is in place when a new installation or replacement of a tank, piping, or motor fuel dispensing system begins.

03.Installation of a New Motor Fuel Dispenser System. The installation of a new motor fuel dispenser and the equipment necessary to connect the dispenser to the UST system. This equipment may include flexible connectors, risers, or other transitional components that are beneath the dispenser, below the shear valve, and connect the dispenser to the piping. It does not mean the installation of a motor fuel dispenser installed separately from the equipment needed to connect the dispenser to the UST system.(7-1-24)

04.Installer. Any person who installs a new or replacement UST system.(7-1-24)

05.New Underground Storage Tank (UST). Has the same meaning as “underground storage tank or UST” in 40 CFR 280.12, except that such term includes tanks that have been previously used and meet the provisions of 40 CFR 280.20(a).(7-1-24)

06.Non-Community Water System. As defined in IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems,” Section 003.(7-1-24)

07.Potable Drinking Water Well. Any hole (dug, driven, drilled, or bored) that extends into the earth until it meets ground water which supplies water for a non-community public drinking water system or otherwise supplies water for household use (consisting of drinking, bathing, and cooking, or other similar uses). Such wells may provide water to entities such as a single-family residence, group of residences, businesses, schools, parks, campgrounds, and other permanent or seasonal communities.(7-1-24)

08.Product Deliverer. Any person who delivers or deposits product into a UST. This term may include major oil companies, jobbers, transportation companies, or other product delivery entities.(7-1-24)

09.Public Drinking Water System. As defined in IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems,” Section 003.(7-1-24)

10.Red Tag. A tamper-resistant tag, device, or mechanism attached to the tank’s fill pipes that clearly identifies a UST as ineligible for product delivery. The tag or device must be visible to the product deliverer and clearly state that it is unlawful to deliver to, deposit into, or accept product into the ineligible UST.(7-1-24)

11.Replace. As it applies to USTs and piping, replace is defined as follows:(7-1-24)

a.To remove an existing tank and install a new tank.(7-1-24)

b.To remove and put back in one hundred (100) percent of the piping, excluding connectors, connected to a single UST system. This definition does not alter the requirement in 40 CFR 280.33(c) to replace metal pipe sections and fittings that have released product as a result of corrosion or other damage. A replacement of metal pipe section and fittings pursuant to 40 CFR 280.33(c) will be considered a replacement under this definition only if one hundred (100) percent of the metal piping, excluding connectors, is replaced.(7-1-24)

12.Under-Dispenser Spill Containment. Containment underneath a dispenser that will prevent leaks from the dispenser from reaching soil or ground water. Such containment must:(7-1-24)

a.At installation or modification, be liquid-tight on its sides, bottom, and at any penetrations; and b.

Be compatible with the substance conveyed by the piping; and either(7-1-24)

c.Allow for visual inspection and access to the components in the containment system; or(7-1-24)

d.Be monitored for releases using a release detection method that meets the provisions of 40 CFR 280.43(g).(7-1-24)

IDAPA 58.01.07.011 (Reserved)

IDAPA 58.01.07.100 Additional Measures to Protect Ground Water from Contamination

01.Notification.

An owner, operator, or designee must provide to the Department:(7-1-24)

a.Written notice using forms provided by the Department thirty (30) days prior to the installation of a new piping system or a new or replacement UST.(7-1-24)

b.Notice twenty-four (24) hours prior to the installation of a replacement piping system.(7-1-24)

02.Requirements for Petroleum UST Systems. Owners, operators, and installers of a new or replacement UST or piping system must comply with the following provisions.(7-1-24)

a.Each new or existing UST or piping installed or replaced after February 23, 2007, will have secondary containment and be monitored for leaks in accordance with 40 CFR 280.43(g) if the new or replaced UST or piping is within one thousand (1,000) feet of any existing public drinking water system or any existing potable drinking water well. At a minimum, secondary containment systems must be designed, constructed, and installed to contain regulated substances released from the tank system until they are detected and removed, prevent the release of regulated substances to the environment at any time during the operational life of the UST system, and be checked for evidence of a release at least every thirty (30) days. The following conditions are excluded:(7-1-24)

i.Suction piping that meets the provisions of 40 CFR 280.41(b)(1)(ii)(A) through (E);(7-1-24)

ii.Piping that manifolds two (2) or more USTs together;(7-1-24)

iii.Existing piping to which new piping is connected to install a dispenser; and(7-1-24)

iv.Tanks identified in 40 CFR 280.10(b).(7-1-24)

b.If the owner installs, within one (1) year, a potable drinking water well at the new facility that is within one thousand (1,000) feet of the USTs, piping, or motor fuel dispenser system as part of the new UST facility installation, secondary containment and under-dispenser containment are required, regardless of whether the well is installed before or after the USTs, piping, and motor fuel dispenser system are installed.(7-1-24)

c.The notice described in Subsection 100.01 will indicate whether the new or replacement installation is within one thousand (1,000) feet of an existing public drinking water system or any existing potable drinking water well. If the owner and installer certify that the installation is not within one thousand (1,000) feet of an existing public drinking water system or any existing potable drinking water well, the owner, operator or designee will provide and maintain documentation showing that a reasonable investigation of water systems and drinking water wells was undertaken. A reasonable investigation includes, but is not limited to, a search of the records of:

i.The public or private water service provider in the area which the new or replacement installation is located (if any);(7-1-24)

ii.The city or county in which the new or replacement installation is located;(7-1-24)

iii.The Idaho Department of Water Resources; and(7-1-24)

iv.The Department.(7-1-24)

d.In the case of a replacement of an existing UST or existing piping, Section 100 applies only to the specific UST or piping being replaced, not to other USTs and piping.(7-1-24)

e.Each installation of a new motor fuel dispenser system will include under-dispenser spill containment if the new dispenser is within one thousand (1,000) feet of any existing public drinking water system or any existing potable drinking water well.(7-1-24)

IDAPA 58.01.07.101 Alternative Periodic Testing of Containment Sumps Used for Interstitial

MONITORING OF PIPING.

01.Applicability.

a.The alternative test method in Subsection 101.02 may only be used for containment sumps that are performing continuous interstitial monitoring as a piping release detection method where an electronic sump sensor is installed and connected to an electronic monitoring device, such as an automatic tank gauge, or where the piping within a containment sump is continuous to a containment sump that has an electronic sump sensor installed and connected to an electronic monitoring device, such as an automatic tank gauge.(7-1-24)

i.The sump sensor in Subsection 101.01.a. must be positioned in the containment sump according to manufacturer instructions and at the lowest possible point in the containment sump.(7-1-24)

ii.The sump sensor in Subsection 101.01.a. must be wired and programmed appropriately to shut down power to the submersible turbine pump (positive shutdown) when the sensor is in contact with liquid in any containment sump.(7-1-24)

b.The Department may not allow the alternative test method in Subsection 101.02 if it determines the containment sump, penetration fittings, or containment sump sensors are not constructed or positioned in a manner that will accommodate the alternative testing or prevent releases to the environment (i.e., penetration fittings are too close to the containment sump bottom).(7-1-24)

02.Alternative Test Method Allowed.(7-1-24)

a.As an alternative to the allowable test method in 40 CFR 280.35(a)(1)(ii)(A)-(C), containment sumps used for interstitial monitoring of piping may be tested as follows:(7-1-24)

i.Temporarily remove any interstitial monitoring containment sump sensors before conducting the test;(7-1-24)

ii.Add water to the containment sump up to a point directly beneath the first containment sump penetration fitting from the bottom of the containment sump. The water must be allowed to settle for at least fifteen (15) minutes;(7-1-24)

iii.Place a measuring stick that has one sixteenth (1/16th) inch increments into the lowest point in the containment sump and extending above the water level in the sump; and(7-1-24)

iv.Document the initial water level measurement as measured from the bottom of the containment sump. After one (1) hour, document the ending water level measurement. If the water level changes less than one eighth (1/8th) inch, the containment sump passes the integrity test. If the water level changes one eighth (1/8th) inch or greater, the containment sump fails the integrity test.(7-1-24)

b.Upon completion of the test, remove all water and properly dispose of it. Reinstall any interstitial monitoring sensors. Reinstall all containment sump lids, gaskets, and covers.(7-1-24)

IDAPA 58.01.07.102 (Reserved)

IDAPA 58.01.07.200 Release Reporting

01.Information to be Reported. In addition to the provisions in 40 CFR Part 280, Subpart E, and IDAPA 58.01.02, “Water Quality Standards,” Sections 851 and 852, owners or operators must report to the Department, on forms provided by the Department, the following information regarding confirmed UST releases within ninety (90) days of a confirmed release:(7-1-24)

a.The release source; and(7-1-24)

b.The release cause.(7-1-24)

02.Release Sources. Release sources may include, but are not limited to the following:(7-1-24)

a. USTs;(7-1-24)

b.Piping;(7-1-24)

c.Dispensers, which include the dispenser and equipment used to connect the dispenser to the piping.

A release from a suction pump or components located above the shear valve would be an example of a release from the dispenser;(7-1-24)

d.Submersible turbine pump area, which includes the submersible turbine pump head (typically located in the tank sump), the line leak detector, and the piping that connects the submersible turbine pump to the UST; and(7-1-24)

e.Delivery problem, which identifies releases that occurred during product delivery to the UST.

Typical causes associated with this source are spills and overfills.(7-1-24)

03.Release Causes. Release causes may include, but are not limited to the following:(7-1-24)

a.Spills which may occur when the delivery hose is disconnected from the fill pipe of the UST or when the nozzle is removed from the vehicle at the dispenser;(7-1-24)

b.Overfills which may occur from the fill pipe at the UST or when the nozzle fails to shut off at the dispenser;(7-1-24)

c.Physical or mechanical damage of all types except corrosion. Examples include a puncture of the UST or piping, loose fittings, broken components, and components that have changed dimension like elongation or swelling;(7-1-24)

d.Corrosion of a metal tank, piping, flex connector, or other component; and(7-1-24)

e.Installation problem that occurs specifically because the UST system was not installed properly.

IDAPA 58.01.07.201 (Reserved)

IDAPA 58.01.07.300 Training

01.Operator Designation. For each UST system regulated under these rules, the owner or operator must:(7-1-24)

a.Designate:(7-1-24)

i.The class A operator, who is the individual(s) having primary responsibility for on-site operation and maintenance of the UST system. It is not necessary that the class A operator be on site;(7-1-24)

ii.The class B operator, who is the individual(s) having daily on-site responsibility for the operation and maintenance of the UST system. It is not necessary that the class B operator be on site at all times; and (7-1-24)

iii.The class C operator, who is the daily, on-site individual(s) having primary responsibility for addressing emergencies presented by a spill or release from the UST system. The class C operator may be designated by the class A or B operator.(7-1-24)

b.Maintain a record at the facility where the UST is located listing each person designated in Subsections 300.01.a.i. through iii.(7-1-24)

c.Notify the Department in writing of the individual(s) designated in Subsections 300.01.a.i. and ii. within thirty (30) days of the designation.(7-1-24)

02.Individual Training. The owner or operator of each UST system regulated under these rules must ensure that the individual(s) identified in:(7-1-24)

a.Subsections 300.01.a.i. and ii. participate in the training conducted by the Department or a state of Idaho approved third party;(7-1-24)

b.Subsections 300.01.a.i. or ii. provide training to the persons identified in Subsection 300.01.a.iii;

c.Subsection 300.01.a.iii. be trained before assuming responsibility for responding to emergencies;

d.Subsections 300.01.a.i. and ii. repeat the training within thirty (30) days if the UST system for which they have responsibility is determined to be out of compliance with these rules; and(7-1-24)

e.Subsections 300.01.a.i. and 300.01.a.ii. be trained within thirty (30) days of assuming operation and maintenance duties.(7-1-24)

03.Unattended Sites. In the case of unattended sites, a sign must be posted in a location visible from the dispensers indicating emergency shut-off procedures and emergency contact phone numbers.(7-1-24)

IDAPA 58.01.07.301 (Reserved)

IDAPA 58.01.07.500 Delivery Prohibition

01.Classification as Ineligible.

The Department will classify a UST as ineligible for delivery, deposit, or acceptance of a regulated substance as soon as practicable after the Department determines one (1) or more of the following is not installed:(7-1-24)

a.Spill prevention equipment;(7-1-24)

b.Overfill protection equipment;(7-1-24)

c.Leak detection equipment; or(7-1-24)

d.Corrosion protection equipment.(7-1-24)

02.Warning of Violations. The Department may classify a UST as ineligible for delivery, deposit, or acceptance of a regulated substance if the owner or operator of the tank has been issued a written warning for failure to comply with any of the following items, and the owner or operator fails to initiate corrective action within thirty (30) days of the issuance of the written warning, unless the deadline is extended by the Department:(7-1-24)

a.Properly operate or maintain leak detection equipment;(7-1-24)

b.Properly operate or maintain spill, overfill, or corrosion protection equipment; or(7-1-24)

c.Maintain financial responsibility.(7-1-24)

03.Service of Notice. If the Department classifies a UST as ineligible for delivery, deposit, or acceptance of a regulated substance pursuant to Subsections 500.01 or 500.02, the Department will provide a written notice of the determination to the owner or operator prior to prohibiting the delivery, deposit, or acceptance of a regulated substance. Notice is considered properly served by the Department in any of the following ways: (7-1-24)

a.Personally delivered to the owner or operator; or(7-1-24)

b.Clearly posted at a public entrance to the facility where the UST is located and a copy sent by certified mail to the last known address of the owner or operator.(7-1-24)

04.Red-Tagging. Once service of the written notice of the ineligible determination is complete, the Department will:(7-1-24)

a.Attach a red tag to each fill pipe of the ineligible UST clearly identifying the tank as ineligible;

b.Maintain a list of all USTs that are classified as ineligible;(7-1-24)

c.Make the list available to the public by posting the list at www.deq.idaho.gov.(7-1-24)

05.Written Notice. The written notice required by Subsection 500.03 must include:(7-1-24)

a.The specific reasons or violations that led to the ineligible classification;(7-1-24)

b.A statement notifying the owner and operator that the UST is ineligible for delivery and it is unlawful for any person to deliver to, deposit into, or accept a regulated substance into the UST;(7-1-24)

c.The effective date the UST is deemed ineligible for delivery;(7-1-24)

d.The name and address of the department representative to whom a written request for re-inspection can be made, if a re-inspection is necessary;(7-1-24)

e.A statement regarding the right to appeal the Department’s action regarding ineligible classification pursuant to IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records”; and

f.The option to request a compliance conference pursuant to Subsection 500.06.(7-1-24)

06.Compliance Conference. The owner or operator may request a compliance conference with the Department within fifteen (15) days of receipt of the notice. A compliance conference will be scheduled within twenty (20) days and conducted in an informal manner by the Department. At the compliance conference, the owner or operator may explain why he believes the UST should not be classified as ineligible. During the compliance conference, the owner or operator and the Department will identify and establish appropriate acts and a time schedule for compliance as necessary.(7-1-24)

07.Duration of Ineligible Classification. The classification of a UST as ineligible remains in effect until the conditions cited in the notice no longer exist. If the Department determines that an ineligible storage tank has returned to compliance and is now eligible for delivery, deposit, or acceptance of a regulated substance, the Department or an authorized designee will:(7-1-24)

a.As soon as practicable, remove the red tag from the UST;(7-1-24)

b.Remove the UST from the ineligible list posted on its website; and(7-1-24)

c.Send a written notice to the owner and operator that an ineligible storage tank has returned to compliance and is now eligible for delivery, deposit, or acceptance of a regulated substance.(7-1-24)

08.Declining Classification . The Director may decline to classify a UST as ineligible if the Director decides that it is not in the best interest of the public.(7-1-24)

a.The Director may only defer application of delivery prohibition for up to one hundred eighty (180) days after determining a UST is ineligible.(7-1-24)

b.The Director may authorize the delivery, deposit, or acceptance of product into an ineligible UST if such activity is necessary to test or calibrate the UST or dispenser system.(7-1-24)

09.Department Authority. Nothing in Section 500 will affect or preempt the authority of the Department to prohibit the delivery, deposit, or acceptance of a regulated substance to a UST under other existing authorities.(7-1-24)

10.Proper Notice. A person will not be in violation of Section 39-8809(1), Idaho Code, if the Department fails to provide the notice described in Subsections 500.03 and 500.04.(7-1-24)

11.Unlawful to Tamper with Red Tag. It is unlawful for any person to tamper with or remove the red tag without the Department’s approval.(7-1-24)

IDAPA 58.01.07.501 (Reserved)

IDAPA 58.01.07.601 Fee Schedule for Usts

Owners or operators of all regulated USTs must pay an annu al, nonrefundable fee.(7-1-24)

01.Fee Criteria.(7-1-24)

a.Compartment, emergency generator day and belly tanks, and siphon-manifolded USTs will be treated as separate underground storage tanks.(7-1-24)

b.Temporarily out of use tanks are included.(7-1-24)

02.Fee Amount and Schedule.(7-1-24)

a.Annual fees must be paid for each fee year beginning January 2, 2018, and continuing for each succeeding year.(7-1-24)

b.The annual fee per UST is one hundred dollars ($100). The annual fee will not exceed one hundred dollars ($100) and will be re-calculated each year if the fee balance exceeds thirty-five thousand dollars ($35,000).

Any fee balance above thirty-five thousand dollars ($35,000) will be used to reduce the following year’s fee.

c.New USTs installed after January 2 will not pay a fee until the following January.(7-1-24)

03.Billing.(7-1-24)

a.An annual fee invoice will be generated and mailed in November for each owner listed in the Department’s Underground Storage Tank Database.(7-1-24)

b.Owners will have one (1) month to notify the Department in writing if the number of USTs is incorrect.(7-1-24)

04.Payment. Payment of the annual fee is due on January 2, unless it is a Saturday, a Sunday, or a legal holiday, in which event the payment will be due on the successive business day. Make checks or money orders payable to the Department and send to 1410 North Hilton Street, Boise, ID 83706.(7-1-24)

05.Delinquent Unpaid Fees. An owner will be delinquent in payment if the annual fee has not been received by the Department by March 1.(7-1-24)

06.Fee Report. Prior to February 1 of each year, the Director will report to the Governor and the Idaho Legislature on the use of fees collected the previous year. At a minimum, the report must include:(7-1-24)

a.A list of all tanks subject to inspection;(7-1-24)

b.The type of inspection and regulatory authority or guidance used; and(7-1-24)

c.A detailed accounting of how fee funds were spent.(7-1-24)

IDAPA 58.01.07.602 (Reserved)

58.01.02 Water Quality Standards

IDAPA 58.01.02.000 Legal Authority

Pursuant to Sections 39-105 and 39-3601 et seq., Idaho Co de, 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)

IDAPA 58.01.02.001 Title and Scope

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)

IDAPA 58.01.02.002 Written Interpretations

As described in Section 67-5201(19)(b)(iv), Idaho Code, the Departme nt 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)

IDAPA 58.01.02.003 Administrative Provisions

Persons may be entitled to appeal agency actions authori zed under these rules pursuant to IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-31-22)

IDAPA 58.01.02.004 Incorporation by Reference

Codes, standards and regulations may be incorporated by reference in these rules purs uant 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 83706- 1255, 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)

IDAPA 58.01.02.005 Office Hours – Mailing Address and Street Address

The state office of the Department of Environmental Quality and the of fice 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)

IDAPA 58.01.02.006 Confidentiality of Records

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)

IDAPA 58.01.02.007 Effective for Clean Water Act Purposes

01.Alaska Rule. W ater 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.

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 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)

03.Previously Approved Rules. Pursuant to 40 CFR 131.21(e), previously approved rules remain in effect for CWA purposes until a replacement water quality standard is promulgated by the state and approved by EPA or a more stringent federal standard is promulgated.(3-31-22)

04.Information Regarding the Status of EPA Review. Information regarding the status of EPA review will be posted at http://www.deq.idaho.gov/epa-actions-on-proposed-standards.(3-31-22)

IDAPA 58.01.02.008 (Reserved)

IDAPA 58.01.02.010 Definitions

For the purpose of the rules contained in IDAPA 58.01.02, “Water Qu ality Standards,” the following definitions apply:(3-31-22)

01.Activity. For purposes of antidegradation review, an activity that causes a discharge to a water subject to the jurisdiction of the Clean Water Act.(3-31-22)

02.Acute. A stimulus severe enough to induce a rapid response. In aquatic toxicity tests, acute refers to a single or short-term (i.e., ninety-six (96) hours or less) exposure to a concentration of a toxic substance or effluent which results in death to fifty percent (50%) of the test organisms. When referring to human health, an acute effect is not always measured in terms of lethality.(3-31-22)

03.Acute Criteria. Unless otherwise specified in these rules, the maximum instantaneous or one (1) hour average concentration of a toxic substance or effluent which ensures adequate protection of sensitive species of aquatic organisms from acute toxicity due to exposure to the toxic substance or effluent. Acute criteria are expected to adequately protect the designated aquatic life use if not exceeded more than once every three (3) years. This is also known as the Criterion Maximum Concentration (CMC). There are no specific acute criteria for human health; however, the human health criteria are based on chronic health effects and are expected to adequately protect against acute effects.(3-31-22)

04.Aquatic Species. Any plant or animal that lives at least part of its life in the water column or benthic portion of waters of the state.(3-31-22)

05.Assigned Criteria. Criteria associated with beneficial uses from Section 100 of these rules.

06.Background. The biological, chemical or physical condition of waters measured at a point immediately upstream (up-gradient) of the influence of an individual point or nonpoint source discharge. If several discharges to the water exist or if an adequate upstream point of measurement is absent, the Department will determine where background conditions should be measured.(3-31-22)

07.Basin Advisory Group. No less than one (1) advisory group named by the Director, in consultation with the designated agencies, for each of the state’s six (6) major river basins which shall generally advise the Director on water quality objectives for each basin, work in a cooperative manner with the Director to achieve these objectives, and provide general coordination of the water quality programs of all public agencies pertinent to each basin. Each basin advisory group named by the Director reflect a balanced representation of the interests in the basin and shall, where appropriate, include representatives from each of the following: agriculture, mining, nonmunicipal point source discharge permittees, forest products, local government, livestock, Indian tribes (for areas within reservation boundaries), water-based recreation, and environmental interests.(3-31-22)

08.Beneficial Use. Any of the various uses which may be made of the water of Idaho, including, but not limited to, domestic water supplies, industrial water supplies, agricultural water supplies, navigation, recreation in and on the water, wildlife habitat, and aesthetics. The beneficial use is dependent upon actual use, the ability of the water to support a non-existing use either now or in the future, and its likelihood of being used in a given manner. The use of water for the purpose of wastewater dilution or as a receiving water for a waste treatment facility effluent is not a beneficial use.(3-31-22)

09.Best Management Practice. A practice or combination of practices, techniques or measures developed, or identified, by the designated agency and identified in the state water quality management plan which are determined to be the cost-effective and practicable means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.(3-31-22)

10.Bioaccumulation. The process by which a compound is taken up by, and accumulated in the tissues of an aquatic organism from the environment, both from water and through food.(3-31-22)

11.Bioaccumulative Pollutants. A compound with a bioaccumulation factor of greater than one thousand (1,000) or a bioconcentration factor of greater than one thousand (1,000).(3-31-22)

12.Biological Monitoring or Biomonitoring. The use of a biological entity as a detector and its response as a measure to determine environmental conditions. Toxicity tests and biological surveys, including habitat monitoring, are common biomonitoring methods.(3-31-22)

13.Board. The Idaho Board of Environmental Quality.(3-31-22)

14.Chronic. A stimulus that persists or continues for a long period of time relative to the life span of an organism. In aquatic toxicity tests, chronic refers to continuous exposure to a concentration of a toxic substance or effluent which results in mortality, injury, reduced growth, impaired reproduction, or other adverse effect to aquatic organisms. The test duration is long enough that sub-lethal effects can be reliably measured. When referring to human health, a chronic effect is usually measured in terms of estimated changes in rates (# of cases/ 1000 persons) of illness over a lifetime of exposure.

15.Chr onic Criteria. Unless otherwise specified in these rules, the four (4) day average concentration of a toxic substance or effluent which ensures adequate protection of sensitive species of aquatic organisms from chronic toxicity due to exposure to the toxic substance or effluent. Chronic criteria are expected to adequately protect the designated aquatic life use if not exceeded more than once every three (3) years. This is also known as the Criterion Continuous Concentration (CCC). Human health chronic criteria are based on lifetime exposure. (3-31-22)

16.Compliance Schedule or Schedule Of Compliance. A schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard.(3-31-22)

17.Cost-Effective and Reasonable Best Management Practices (BMPs) for Nonpoint Sources. All approved BMPs specified in Subsections 350.03 and 055.07 of these rules. BMPs for activities not specified are, in accordance with Section 350, determined on a case-by-case basis.(3-31-22)

18.Daily Maximum (Minimum). The highest (lowest) value measured during one (1) calendar day or a twenty-four (24) hour period, as appropriate. For ambient monitoring of dissolved oxygen, pH, and temperature, multiple measurements should be obtained at intervals short enough that the difference between consecutive measurements around the daily maximum (minimum) is less than zero point two (0.2) ppm for dissolved oxygen, zero point one (0.1) SU for pH, or zero point five (0.5) degree C for temperature.(3-31-22)

19.Daily Mean. The average of at least two (2) appropriately spaced measurements, acceptable to the Department, calculated over a period of one (1) day:(3-31-22)

a.Confidence bounds around the point estimate of the mean may be required to determine the sample size necessary to calculate a daily mean;(3-31-22)

b.If any measurement is greater or less than five-tenths (0.5) times the average, additional measurements over the one-day period may be needed to obtain a more representative average;(3-31-22)

c.In calculating the daily mean for dissolved oxygen, values used in the calculation shall not exceed the dissolved oxygen saturation value. If a measured value exceeds the dissolved oxygen saturation value, then the dissolved oxygen saturation value will be used in calculating the daily mean.(3-31-22)

d.For ambient monitoring of temperature, the daily mean should be calculated from equally spaced measurements, at intervals such that the difference between any two (2) consecutive measurements does not exceed one point zero (1.0) degree C.(3-31-22)

20.Degradation or Lower Water Quality. “Degradation” or “lower water quality” means, for purposes of antidegradation review, a change in a pollutant that is adverse to designated or existing uses, as calculated for a new point source, and based upon monitoring or calculated information for an existing point source increasing its discharge. Such degradation shall be calculated or measured after appropriate mixing of the discharge and receiving water body.(3-31-22)

21.Deleterious Material. Any nontoxic substance which may cause the tainting of edible species of fish, taste and odors in drinking water supplies, or the reduction of the usability of water without causing physical injury to water users or aquatic and terrestrial organisms.(3-31-22)

22.Department. The Idaho Department of Environmental Quality.(3-31-22)

23.Design Flow. The critical flow used for steady-state wasteload allocation modeling.(3-31-22)

24.Designated Agency. The department of lands for timber harvest activities, oil and gas exploration and development, and mining activities; the soil conservation commission for grazing and agricultural activities; the transportation department for public road construction; the department of agriculture for aquaculture; and the Department’s division of environmental quality for all other activities.(3-31-22)

25.Designated Beneficial Use or Designated Use. Those beneficial uses assigned to identified waters in Idaho Department of Environmental Quality Rules, IDAPA 58.01.02, “Water Quality Standards,” Sections 110 through 160, whether or not the uses are being attained.(3-31-22)

26.Desirable Species. Species indigenous to the area or those introduced species identified as desirable by the Idaho Department of Fish and Game.(3-31-22)

27.Director. The Director of the Idaho Department of Environmental Quality or his authorized agent.

28.Discharge.

When used without qualification, any spilling, leaking, emitting, escaping, leaching, or disposing of a pollutant into the waters of the state. For purposes of antidegradation review, means “discharge” as used in Section 401 of the Clean Water Act.(3-31-22)

29.Dissolved Oxygen (DO). The measure of the amount of oxygen dissolved in the water, usually expressed in mg/1.(3-31-22)

30.Dissolved Product. Petroleum product constituents found in solution with water.(3-31-22)

31.Dynamic Model. A computer simulation model that uses real or derived time series data to predict a time series of observed or derived receiving water concentrations. Dynamic modeling methods include continuous simulation, Monte Carlo simulations, lognormal probability modeling, or other similar statistical or deterministic techniques.(3-31-22)

32.E. coli (Escherichia coli). A common fecal and intestinal organism of the coliform group of bacteria found in warm-blooded animals.(3-31-22)

33.Effluent. Any wastewater discharged from a treatment facility.(3-31-22)

34.Effluent Biomonitoring. The measurement of the biological effects of effluents (e.g., toxicity, biostimulation, bioaccumulation, etc.).(3-31-22)

35.EPA. The United States Environmental Protection Agency.(3-31-22)

36.Ephemeral Waters. A stream, reach, or water body that flows naturally only in direct response to precipitation in the immediate watershed and whose channel is at all times above the water table.(3-31-22)

37.Existing Activity or Discharge. An activity or discharge that has been previously authorized or did not previously require authorization.(3-31-22)

38.Existing Beneficial Use Or Existing Use. Those beneficial uses actually attained in waters on or after November 28, 1975, whether or not they are designated for those waters in Idaho Department of Environmental Quality Rules, IDAPA 58.01.02, “Water Quality Standards.”(3-31-22)

39.Facility. As used in Section 850 only, any building, structure, installation, equipment, pipe or pipeline, well pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock or aircraft, area, place or property from which an unauthorized release of hazardous materials has occurred.(3-31-22)

40.Four Day Average. The average of all measurements within a period of ninety-six (96) consecutive hours. While a minimum of one (1) measurement per each twenty-four (24) hours is preferred, for toxic chemicals in Section 210, any number of data points is acceptable.(3-31-22)

41.Free Product. A petroleum product that is present as a nonaqueous phase liquid. Free product includes the presence of petroleum greater than one-tenth (0.1) inch as measured on the water surface for surface water or the water table for ground water.(3-31-22)

42.Full Protection, Full Support, or Full Maintenance of Designated Beneficial Uses of Water.

Compliance with those levels of water quality criteria listed in Sections 200, 210, 250, 251, 252, 253, and 275 (if applicable) or where no major biological group such as fish, macroinvertebrates, or algae has been modified by human activities significantly beyond the natural range of the reference streams or conditions approved by the Director in consultation with the appropriate basin advisory group.(3-31-22)

43.General Permit. An NPDES permit issued by the U.S. Environmental Protection Agency authorizing a category of discharges under the federal Clean Water Act or a nationwide or regional permit issued by the U.S. Army Corps of Engineers under the federal Clean Water Act.(3-31-22)

44.Geometric Mean. The geometric mean of “n” quantities is the “nth” root of the product of the quantities.(3-31-22)

45.Ground Water. Any water of the state which occurs beneath the surface of the earth in a saturated geological formation of rock or soil.(3-31-22)

46.Harmonic Mean. The number of daily measurements divided by the sum of the reciprocals of the measurements (i.e., the reciprocal of the mean of reciprocals).(3-31-22)

47.Hazardous Material. A material or combination of materials which, when discharged in any quantity into state waters, presents a substantial present or potential hazard to human health, the public health, or the environment. Unless otherwise specified, published guides such as Quality Criteria for Water (1976) by EPA, Water Quality Criteria (Second Edition, 1963) by the state of California Water Quality Control Board, their subsequent revisions, and more recent research papers, regulations and guidelines will be used in identifying individual and specific materials and in evaluating the tolerances of the identified materials for the beneficial uses indicated.

48.Highest Statutory and Regulatory Requirements for Point Sources. All applicable effluent limits required by the Clean Water Act and other permit conditions. It also includes any compliance schedules or consent orders requiring measures to achieve applicable effluent limits and other permit conditions required by the Clean Water Act.(3-31-22)

49.Hydrologic Unit Code (HUC). A unique eight (8) digit number identifying a subbasin. A subbasin is a United States Geological Survey cataloging unit comprised of water body units.(3-31-22)

50.Hydrologically-Based Design Flow. A statistically derived receiving water design flow based on the selection and identification of an extreme value (e.g., 1Q10, 7Q10). The underlying assumption is that the design flow will occur X number of times in Y years, and limits the number of years in which one (1) or more excursions below the design flow can occur.(3-31-22)

51.Hypolimnion. The bottom layer in a thermally-stratified body of water. It is fairly uniform in temperature and lays beneath a zone of water which exhibits a rapid temperature drop with depth such that mixing with overlying water is inhibited.(3-31-22)

52.Integrated Report. Refers to the consolidated listing and reporting of the state’s water quality status pursuant to Sections 303(d), 305(b), and 314 of the Clean Water Act.(3-31-22)

53.Inter-Departmental Coordination. Consultation with those agencies responsible for enforcing or administering the practices listed as approved best management practices in Subsection 350.03.(3-31-22)

54.Intermittent Waters. A stream, reach, or water body which naturally has a period of zero (0) flow for at least one (1) week during most years. Where flow records are available, a stream with a 7Q2 hydrologicallybased unregulated flow of less than one-tenth (0.1) cubic feet per second (cfs) is considered intermittent. Streams with natural perennial pools containing significant aquatic life uses are not intermittent.(3-31-22)

55.Load Allocation (LA). The portion of a receiving water's loading capacity that is attributed either to one (1) of its existing or future nonpoint sources of pollution or to natural background sources.(3-31-22)

56.Loading Capacity. The greatest amount of pollutant loading that a water can receive without violating water quality standards.(3-31-22)

57.Lowest Observed Effect Concentration (LOEC). The lowest concentration of a toxic substance or an effluent that results in observable adverse effects in the aquatic test population.(3-31-22)

58.Man-Made Waterways. Canals, flumes, ditches, wasteways, drains, laterals, and/or associated features, constructed for the purpose of water conveyance. This may include channel s modified for such purposes prior to November 28, 1975. These waterways may have uniform and rectangular cross-sections, straight channels, follow rather than cross topographic contours, be lined to reduce water loss, and be operated or maintained to promote water conveyance.(3-31-22)

59.Maximum Weekly Maximum Temperature (MWMT). The weekly maximum temperature (WMT) is the mean of daily maximum temperatures measured over a consecutive seven (7) day period ending on the day of calculation. When used seasonally, e.g., spawning periods, the first applicable WMT occurs on the seventh day into the time period. The MWMT is the single highest WMT that occurs during a given year or other period of interest, e.g., a spawning period.(3-31-22)

60.Milligrams Per Liter (mg/l). Milligrams of solute per liter of solution, equivalent to parts per million, assuming unit density.(3-31-22)

61.Mixing Zone. A defined area or volume of the receiving water surrounding or adjacent to a wastewater discharge where the receiving water, as a result of the discharge, may not meet all applicable water quality criteria or standards. It is considered a place where wastewater mixes with receiving water and not as a place where effluents are treated.(3-31-22)

62.National Pollutant Discharge Elimination System (NPDES). Point source permitting program established pursuant to Section 402 of the federal Clean Water Act.(3-31-22)

63.Natural Background Conditions. The physical, chemical, biological, or radiological conditions existing in a water body without human sources of pollution within the watershed. Natural disturbances including, but not limited to, wildfire, geologic disturbance, diseased vegetation, or flow extremes that affect the physical, chemical, and biological integrity of the water are part of natural background conditions. Natural background conditions should be described and evaluated taking into account this inherent variability with time and place.(3-31-22)

64.Nephelometric Turbidity Units (NTU). A measure of turbidity based on a comparison of the intensity of the light scattered by the sample under defined conditions with the intensity of the light scattered by a standard reference suspension under the same conditions.(3-31-22)

65.New Activity or Discharge. An activity or discharge that has not been previously authorized.

Existing activities or discharges not currently permitted or licensed will be presumed to be new unless the Director determines to the contrary based on review of available evidence. An activity or discharge that has previously taken place without need for a license or permit is not a new activity or discharge when first licensed or permitted.

66.Nonpoint Source Activities. Activities on a geographical area on which pollutants are deposited or dissolved or suspended in water applied to or incident on that area, the resultant mixture being discharged into the waters of the state. Nonpoint source activities on ORWs do not include issuance of water rights permits or licenses, allocation of water rights, operation of diversions, or impoundments. Nonpoint sources activities include, but are not limited to:(3-31-22)

a.Irrigated and nonirrigated lands used for:(3-31-22)

i.Grazing;(3-31-22)

ii.Crop production;(3-31-22)

iii.Silviculture;(3-31-22)

b.Log storage or rafting;(3-31-22)

c.Construction sites;(3-31-22)

d.Recreation sites;(3-31-22)

e.Septic tank disposal fields.(3-31-22)

f.Mining;(3-31-22)

g.Runoff from storms or other weather related events; and(3-31-22)

h.Other activities not subject to regulation under the federal national pollutant discharge elimination system.

67.Nuisance. Anything which is injurious to the public health or an obstruction to the free use, in the customary manner, of any waters of the state.(3-31-22)

68.Nutrients. The major substances necessary for the growth and reproduction of aquatic plant life, consisting of nitrogen, phosphorus, and carbon compounds.(3-31-22)

69.One Day Minimum. The lowest daily instantaneous value measured.(3-31-22)

70.One Hour Average. The mean of at least two (2) appropriately spaced measurements, as determined by the Department, calculated over a period of one (1) hour. When three (3) or more measurements have been taken, and if any measurement is greater or less than five-tenths (0.5) times the mean, additional measurements over the one-hour period may be needed to obtain a more representative mean.(3-31-22)

71.Operator. For purposes of Sections 851 and 852, any person presently or who was at any time during a release in control of, or having responsibility for, the daily operation of the petroleum storage tank (PST) system.(3-31-22)

72.Outstanding Resource Water (ORW). A high quality water, such as water of national and state parks and wildlife refuges and water of exceptional recreational or ecological significance, which has been designated by the legislature and subsequently listed in this chapter. ORW constitutes an outstanding national or state resource that requires protection from point and nonpoint source activities that may lower water quality.(3-31-22)

73.Owner. For purposes of Sections 851 and 852, any person who owns or owned a petroleum storage tank (PST) system any time during a release and the current owner of the property where the PST system is or was located.(3-31-22)

74.Permit or License. A permit or license for an activity that is subject to certification by the state under Section 401 of the Clean Water Act, including, for example, NPDES permits, dredge and fill permits, and FERC licenses.(3-31-22)

75.Person. An individual, public or private corporation, partnership, association, firm, joint stock company, joint venture, trust, estate, state, municipality, commission, political subdivision of the state, state or federal agency, department or instrumentality, special district, interstate body or any legal entity, which is recognized by law as the subject of rights and duties.(3-31-22)

76.Petroleum Products. Products derived from petroleum through various refining processes.

77.Petroleum Storage Tank (PST) System. Any one (1) or combination of storage tanks or other containers, including pipes connected thereto, dispensing equipment, and other connected ancillary equipment, and stationary or mobile equipment, that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances.(3-31-22)

78.Point Source. Any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are, or may be, discharged. This term does not include return flows from irrigated agriculture, discharges from dams and hydroelectric generating facilities or any source or activity considered a nonpoint source by definition.(3-31-22)

79.Pollutant. Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, silt, cellar dirt; and industrial, municipal and agricultural waste, gases entrained in water; or other materials which, when discharged to water in excessive quantities, cause or contribute to water pollution. Provided however, biological materials do not include live or occasional dead fish that may accidentally escape into the waters of the state from aquaculture facilities.(3-31-22)

80.Project Plans. Documents which describe actions to be taken under a proposed activity. These documents include environmental impact statements, environmental assessments, and other land use or resource management plans.(3-31-22)

81.Public Swimming Beaches. Areas indicated by features such as signs, swimming docks, diving boards, slides, or the like, boater exclusion zones, map legends, collection of a fee for beach use, or any other unambiguous invitation to public swimming. Privately owned swimming docks or the like which are not open to the general public are not included in this definition.(3-31-22)

82.Receiving Waters. Those waters which receive pollutants from point or nonpoint sources.

83.Reference Stream or Condition. A water body which represents the minimum conditions necessary to fully support the applicable designated beneficial uses as further specified in these rules, or natural conditions with few impacts from human activities and which are representative of the highest level of support attainable in the basin. In highly mineralized areas or in the absence of such reference streams or water bodies, the Director, in consultation with the basin advisory group and the technical advisors to it, may define appropriate hypothetical reference conditions or may use monitoring data specific to the site in question to determine conditions in which the beneficial uses are fully supported.(3-31-22)

84.Release. Any unauthorized spilling, leaking, emitting, discharging, escaping, leaching, or disposing into soil, ground water, or surface water.(3-31-22)

85.Resident Species. Those species that commonly occur in a site including those that occur only seasonally or intermittently. This includes the species, genera, families, orders, classes, and phyla that:(3-31-22)

a.Are usually present at the site;(3-31-22)

b.Are present only seasonally due to migration;(3-31-22)

c.Are present intermittently because they periodically return or extend their ranges into the site;

d.Were present at the site in the past but are not currently due to degraded conditions, and are expected to be present at the site when conditions improve; and(3-31-22)

e.Are present in nearby bodies of water but are not currently present at the site due to degraded conditions, and are expected to be present at the site when conditions improve.(3-31-22)

86.Responsible Persons in Charge. Any person who:(3-31-22)

a.By any acts or omissions, caused, contributed to or exacerbated an unauthorized release of hazardous materials;(3-31-22)

b.Owns or owned the facility from which the unauthorized release occurred and the current owner of the property where the facility is or was located; or(3-31-22)

c.Presently or who was at any time during an unauthorized release in control of, or had responsibility for, the daily operation of the facility from which an unauthorized release occurred.(3-31-22)

87.Sediment. Undissolved inorganic matter.(3-31-22)

88.Seven Day Mean. The average of the daily mean values calculated over a period of seven (7) consecutive days.(3-31-22)

89.Sewage. The water-carried human or animal waste from residences, buildings, industrial establishments or other places, together with such ground water infiltration and surface water as may be present.

90.Short-Term or Temporary Activity. An activity which is as short as possible but lasts for no more than one (1) year, is limited in scope and is expected to have only minimal impact on water quality as determined by the Director. Short-term or temporary activities include, but are not limited to, those activities described in Subsection

IDAPA 58.01.02.080 02.(3-31-22)

91.Silviculture. Those activities associated with the regeneration, growing and harvesting of trees and timber including, but not limited to, disposal of logging slash, preparing sites for new stands of trees to be either planted or allowed to regenerate through natural means, road construction and road maintenance, drainage of surface water which inhibits tree growth or logging operations, fertilization, application of herbicides or pesticides, all logging operations, and all forest management techniques employed to enhance the growth of stands of trees or timber.(3-31-22)

92.Specialized Best Management Practices. Those practices designed with consideration of geology, land type, soil type, erosion hazard, climate and cumulative effects in order to fully protect the beneficial uses of water, and to prevent or reduce the pollution generated by nonpoint sources.(3-31-22)

93.State. The state of Idaho.(3-31-22)

94.State Water Quality Management Plan. The state management plan developed and updated by the Department in accordance with Sections 205, 208, and 303 of the Clean Water Act.(3-31-22)

95.Suspended Sediment. The undissolved inorganic fraction of matter suspended in surface water.

96.Suspended Solids. The undissolved organic and inorganic matter suspended in surface water.

97.Technology-Based Effluent Limitation. Treatment requirements under Section 301(b) of the Clean Water Act that represent the minimum level of control that must be imposed in a permit issued under Section 402 of the Clean Water Act.(3-31-22)

98.Thermal Shock. A rapid temperature change that causes aquatic life to become disoriented or more susceptible to predation or disease.(3-31-22)

99.Total Maximum Daily Load (TMDL). The sum of the individual wasteload allocations (WLAs) for point sources, load allocations (LAs) for nonpoint sources, and natural background. Such load shall be established at a level necessary to implement the applicable water quality standards with seasonal variations and a margin of safety which takes into account any lack of knowledge concerning the relationship between effluent limitations and water quality.(3-31-22)

100.Toxicity Test. A procedure used to determine the toxicity of a chemical or an effluent using living organisms. A toxicity test measures the degree of response of an exposed test organism to a specific chemical or effluent.(3-31-22)

101.Toxic Substance. Any substance, material or disease-causing agent, or a combination thereof, which after discharge to waters of the State and upon exposure, in gestion, inhalation or assimilation into any organism (including humans), either directly from the environment or indirectly by ingestion through food chains, will cause death, disease, behavioral abnormalities, malignancy, genetic mutation, physiological abnormalities (including malfunctions in reproduction) or physical deformations in affected organisms or their offspring. Toxic substances include, but are not limited to, the one hundred twenty-six (126) priority pollutants identified by EPA pursuant to Section 307(a) of the federal Clean Water Act.(3-31-22)

102.Treatment. A process or activity conducted for the purpose of removing pollutants from wastewater.(3-31-22)

103.Treatment System. Any physical facility or land area for the purpose of collecting, treating, neutralizing or stabilizing pollutants including treatment by disposal plants, the necessary intercepting, outfall and outlet sewers, pumping stations integral to such plants or sewers, equipment and furnishing thereof and their appurtenances. A treatment system may also be known as a treatment facility.(3-31-22)

104.Twenty-Four Hour Average. The mean of at least two (2) appropriately spaced measurements, as determined by the Department, calculated over a period of twenty-four (24) consecutive hours. When three (3) or more measurements have been taken, and if any measurement is greater or less than five-tenths (0.5) times the mean, additional measurements over the twenty-four (24)-hour period may be needed to obtain a more representative mean.

105.Unique Ecological Significance. The attribute of any stream or water body which is inhabited or supports an endangered or threatened species of plant or animal or a species of special concern identified by the Idaho Department of Fish and Game, which provides anadromous fish passage, or which provides spawning or rearing habitat for anadromous or desirable species of lake dwelling fishes.(3-31-22)

106.Use Attainability Analysis. A structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors as described in Subsection 102.02.a.(3-31-22)

107.Wasteload Allocation (WLA). The portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution.(3-31-22)

108.Wastewater. Unless otherwise specified, sewage, industrial waste, agricultural waste, and associated solids or combinations of these, whether treated or untreated, together with such water as is present.

109.Water Body Unit. Includes all named and unnamed tributaries within a drainage and is considered a single unit unless designated otherwise.(3-31-22)

110.Water Pollution. Any alteration of the physical, thermal, chemical, biological, or radioactive properties of any waters of the state, or the discharge of any pollutant into the waters of the state, which will or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to fish and wildlife, or to domestic, commercial, industrial, recreational, aesthetic, or other beneficial uses.

111.Water Quality-Based Effluent Limitation. An effluent limitation that refers to specific levels of water quality that are expected to render a body of water suitable for its designated or existing beneficial uses.

112.Water Quality Limited Water Body. After monitoring, evaluation of required pollution controls, and consultation with the appropriate basin and watershed advisory groups, a water body identified by the Department, which does not meet applicable water quality standards, and/or is not expected to meet applicable water quality standards after the application of required pollution controls. A water body identified as water quality limited shall require the development of a TMDL or other equivalent process in accordance with Section 303 of the Clean Water Act and Sections 39-3601 et seq., Idaho Code.(3-31-22)

113.Waters and Waters Of The State. All the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through or border upon the state.(3-31-22)

114.Watershed. The land area from which water flows into a stream or other body of water which drains the area.(3-31-22)

115.Watershed Advisory Group. An advisory group appointed by the Director, with the advice of the appropriate Basin Advisory Group, which will recommend to the Department those specific actions needed to control point and nonpoint sources of pollution affecting water quality limited water bodies within the watershed. Members of each watershed advisory group shall be representative of the industries and interests affected by the management of that watershed, along with representatives of local government and the land managing or regulatory agencies with an interest in the management of that watershed and the quality of the water bodies within it.(3-31-22)

116.Whole-Effluent Toxicity. The aggregate toxic effect of an effluent measured directly with a toxicity test.(3-31-22)

117.Zone of Initial Dilution (ZID). An area within a Department authorized mixing zone where acute criteria may be exceeded. This area shall be no larger than necessary and be sized to prevent lethality to swimming or drifting organisms by ensuring that organisms are not exposed to concentrations exceeding acute criteria for more than one (1) hour more than once in three (3) years. The actual size of the ZID will be determined by the Department for a discharge on a case-by-case basis, taking into consideration mixing zone modeling and associated size recommendations and any other pertinent chemical, physical, and biological data available.(3-31-22)

IDAPA 58.01.02.011 (Reserved)

IDAPA 58.01.02.050 Administrative Policy

01.Apportionment of Water. Th e 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)

03.Annual Program. To fully achieve and maintain water quality in the state, it is the intent of the Department to develop and implement a Continuing Planning Process that describes the on-going planning requirements of the State’s Water Quality Management Plan. The Department’s planned programs for water pollution control comprise the State’s Water Quality Management Plan.(3-31-22)

04.Program Integration. Whenever an activity or class of activities is subject to provisions of these rules, as well as other regulations or standards of either this Department or other Governmental agency, the Department will seek and employ those methods necessary and practicable to integrate the implementation, administration and enforcement of all applicable regulations through a single program. Integration will not, however, be affected to the extent that applicable provisions of these rules would fail to be achieved or maintained unless the Department's role in these cases is limited by state statute or federal law.(3-31-22)

05.Revisions. These rules are subject to amendment as technical data, surveillance programs, and technological advances require. Any revisions made to these rules will be in accordance with Sections 39-101, et seq., and 67-5201, et seq., Idaho Code.(3-31-22)

IDAPA 58.01.02.051 Antidegradation Policy

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)

IDAPA 58.01.02.052 Antidegradation Implementation

The antidegradation policy shall be implemented as follows:(3-31-22)

01.Waters Protected. All waters receive Tier I protection. Waters receiving Tier II protection will be identified using a water body by water body approach during the antidegradation review. Waters given Tier III protection are designated in law.(3-31-22)

02.Restoration Projects. Changes in water quality may be allowed by the Department without an antidegradation review where determined necessary to secure long-term water quality improvement through restoration projects designed to trend toward natural characteristics and associated uses to a water body where those characteristics and uses have been lost or diminished. Restoration projects shall implement best management practices.(3-31-22)

03.General Permits. For general permits issued on or after July 1, 2011, the Department will conduct an antidegradation review, including any required Tier II analysis, at the time at which general permits are certified.

For general permits that the Department determines adequately address antidegradation, review of individual applications for coverage will not be required unless it is required by the general permit. For general permits that the Department determines do not adequately address antidegradation, the Department may conclude that other conditions, such as the submittal of additional information or individual certification at the time an application is submitted for coverage under a general permit, may be necessary in the general permit to provide reasonable assurance of compliance with the antidegradation policy. If supported by the permit record, the Department may also presume that discharges authorized under a general permit are insignificant or that the pollution controls required in the general permit are the least degrading alternative as specified in Subsection 052.08.c.(3-31-22)

04.Initiation of Antidegradation Review. Review of degradation potential and application of the appropriate level of protection from degradation will be triggered by an application for a new or reissued permit or license.(3-31-22)

05.Identification of Tier II Waters. The Department will utilize a water body by water body approach in determining where Tier II protection is appropriate in addition to Tier I protection. This approach shall be based on an assessment of the chemical, physical, biological and other information regarding the water body. The most recent federally approved Integrated Report and supporting data will be used to determine the appropriate level of protection as follows:(3-31-22)

a.Water bodies identified in the Integrated Report as fully supporting assessed uses will be provided Tier II protection.(3-31-22)

b.Water bodies identified in the Integrated Report as not assessed will be provided an appropriate level of protection on a case-by-case basis using information available at the time of a proposal for a new or reissued permit or license.(3-31-22)

c.Water bodies identified in the Integrated Report as not fully supporting assessed uses will receive Tier I protection for the impaired aquatic life or recreational use, except as follows:(3-31-22)

i.For aquatic life uses identified as impaired for dissolved oxygen, pH or temperature, if biological or aquatic habitat parameters show a healthy, balanced biological community is present, as described in the “Water Body Assessment Guidance” published by the Idaho Department of Environmental Quality, then the water body shall receive Tier II protection for aquatic life uses.(3-31-22)

ii.For recreational uses, if water quality data show compliance with those levels of water quality criteria listed in Sections 200, 210, 251, and 275 (where applicable), then the water body shall receive Tier II protection for recreational uses.(3-31-22)

06.Evaluation of Effect of an Activity or Discharge on Water Quality. The Department will evaluate the effect on water quality for each pollutant. The Department will determine whether an activity or discharge results in an improvement, no change, or degradation of water quality.(3-31-22)

a.Effect on water quality will be based on the calculated change in concentration in the receiving water as a result of a new or reissued permit or license. With respect to a discharge, this calculation will take into account dilution using appropriate mixing of the receiving water under critical conditions coupled with the design flow of the discharge. For a reissued permit or license, the calculated change will be the difference in water quality that would result from the activity or discharge as authorized in the current permit or license and the water quality that would result from the activity or discharge as proposed in the reissued permit or license. For a new permit or license, the calculated change will be the difference between the existing receiving water quality and water quality that would result from the activity or discharge as proposed in the new permit or license.(3-31-22)

i.Current Discharge Quality. For pollutants that are currently limited, current discharge quality shall be based on limits in the current permit or license. For pollutants not currently limited, current discharge quality shall be based on available discharge quality data collected within five years of the application for a permit or license or other relevant information.(3-31-22)

ii.Proposed Quality for an Existing Discharge. Future discharge quality shall be based on proposed permit limits. For pollutants not limited in the proposed permit or license, future discharge quality will be estimated from available discharge quality data since the last permit or license was issued accounting for any changes in production, treatment or operation. For the proposed discharge of a new pollutant or a proposed increased discharge of a pollutant, future discharge quality will be estimated based on information provided by the applicant or other relevant information.(3-31

iii.New Permit Limits for an Existing Discharge. When new permit limits are proposed for the first time for a pollutant in an existing discharge, then for purposes of calculating the change in water quality, any statistical procedures used to derive the proposed new limits will be applied to past discharge quality as well, where appropriate.(3-31-22)

iv.Proposed Quality for a New Discharge. Future discharge quality shall be based on proposed permit limits. For pollutants not limited in the proposed permit or license, future discharge quality will be based on information provided by the applicant or other relevant information.(3-31-22)

b.Receiving water quality will be the quality measured, or modeled as appropriate, immediately above the discharge for flowing waters and outside any Department authorized mixing zone for lakes and reservoirs.

c.Offsets. In determining the effect of an activity or discharge on water quality of Tier II or Tier III waters, the Department may take into account reductions in pollution from other sources that are tied to the proposed activity or discharge. These offsets in pollution must be upstream of the degradation in water quality due to the proposed activity or discharge and occur before the activity or discharge is allowed to begin. The applicant seeking a permit or license for an activity or discharge based on offsets will be held responsible for assuring offsets are achieved and maintained as a condition of their permit or license.(3-31-22)

07.Tier I Review. Tier I review will be performed for all new or reissued permits or licenses. Existing uses and the water quality necessary to protect the existing uses must always be maintained and protected. No degradation or lowering of water quality may be allowed that would cause or contribute to violation of water quality criteria as calculated after authorized mixing of the discharge with the receiving water. Identification of existing uses and the water quality necessary for their protection will be based on all available information, including any water quality related data and information submitted during the public comment period for the permit or license. (3-31-22)

08.Tier II Analysis. A Tier II analysis will only be conducted for activities or discharges, subject to a permit or a license, that cause degradation. The Department may allow significant degradation of surface water quality that is better than assigned criteria only if it is determined to be necessary to accommodate important economic or social development in the area in which the waters are located. The process and standard for this determination are set forth below.(3-31-22)

a.Insignificant Degradation. If the Department determines an activity or discharge will cause degradation, then the Department shall determine whether the degradation is insignificant.(3-31-22)

i.A cumulative decrease in assimilative capacity of more than ten percent (10%), from conditions as of July 1, 2011, shall constitute significant degradation. If the cumulative decrease in assimilative capacity from conditions as of July 1, 2011, is equal to or less than ten percent (10%), then, taking into consideration the size and character of the activity or discharge and the magnitude of its effect on the receiving stream, the Department may determine that the degradation is insignificant.(3-31-22)

ii.The Department may request additional information from the applicant as needed to determine the significance of the degradation.(3-31-22)

iii.If degradation is determined to be insignificant, then no further Tier II analysis for other source controls (Subsection 052.08.b.), alternatives analysis (Subsection 052.08.c.), or socioeconomic justification (Subsection 052.08.d.) is required.(3-31-22)

b.Other Source Controls. In allowing any degradation of high water quality, the Department must assure that there shall be achieved in the watershed the highest statutory and regulatory requirements for all new and existing point sources and cost-effective and reasonable best management practices for all nonpoint source controls.

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)

c.Alternatives Analysis. Degradation will be deemed necessary only if there are no reasonable alternatives to discharg ing at the levels proposed. The applicant seeking authorization to degrade high water quality must provide an analysis of alternatives aimed at selecting the best combination of site, structural, managerial and treatment approaches that can be reasonably implemented to avoid or minimize the degradation of water quality. To identify the least degrading alternative that is reasonable, the following principles shall be followed:(3-31-22)

i.Controls to avoid or minimize degradation should be considered at the earliest possible stage of project design.(3-31-22)

ii.Alternatives that must be evaluated as appropriate, are:(3-31-22)

(1)Relocation or configuration of outfall or diffuser;(3-31-22)

(2)Process changes/improved efficiency that reduces pollutant discharge;(3-31-22)

(3)Seasonal discharge to avoid critical time periods for water quality;(3-31-22)

(4)Non-discharge alternatives such as land application; and(3-31-22)

(5)Offsets to the activity or discharge’s effect on water quality.(3-31-22)

iii.The Department retains the discretion to require the applicant to examine specific alternatives or provide additional information to conduct the analysis.(3-31-22)

iv.In selecting the preferred alternative the applicant shall:(3-31-22)

(1)Evaluate economic impacts (total cost effectiveness, incremental cost effectiveness) of all technologically feasible alternatives;(3-31-22)

(2)Rank all technologically feasible treatment alternatives by their cost effectiveness at pollutant reduction;(3-31-22)

(3)Consider the environmental costs and benefits across media and between pollutants; and (3-31-22)

(4)Select the least degrading option or show that a more degrading alternative is justified based on Subsections 052.08.c.iv.(1), 052.08.c.iv.(2), or 052.08.c.iv.(3) above.(3-31-22)

d.Socioeconomic Justification. Degradation of water quality deemed necessary must also be determined by the Department to accommodate important economic or social development. Therefore, the applicant seeking authorization to degrade water quality must at a minimum identify the important economic or social development for which lowering water quality is necessary and should use the following steps to demonstrate this:

i.Identify the affected community;(3-31-22)

ii.Describe the important social or economic development associated with the activity which can include cleanup/restoration of a closed facility;(3-31-22)

iii.Identify the relevant social, economic and environmental health benefits and costs associated with the proposed degradation in water quality for the preferred alternative. Benefits and costs that must be analyzed include, but are not limited to:(3-31-22)

(1)Economic benefits to the community such as changes in employment, household incomes and tax base;(3-31-22)

(2)Provision of necessary services to the community;(3-31-22)

(3)Potential health impacts related to the proposed activity;(3-31-22)

(4)Impacts to direct and indirect uses associated with high quality water, e.g., fishing, recreation, and tourism; and(3-31-22)

(5)Retention of assimilative capacity for future activities or discharges.(3-31-22)

iv.Factors identified in the socioeconomic justification should be quantified whenever possible but for those factors that cannot be quantified a qualitative description of the impacts may be accepted; and(3-31-22)

v.If the Department determines that more information is required, then the Department may require the applicant to provide further information or seek additional sources of information.(3-31-22)

e.Process.(3-31-22)

i.Analysis. The Department in cooperation with State of Idaho designated management agencies and/or federal agencies will collect information regarding the other source controls specified in Subsection 052.08.b.

The applicant for a new or reissued permit or license is responsible for providing information pertinent to determining significance/insignificance of proposed changes in wa ter quality and completing an alternatives analysis and socioeconomic justification as appropriate and submitting them to the Department for review.(3-31-22)

ii.Departmental review. The Department shall review all pertinent information and, after intergovernmental coordination, public notice and input, make a determination as to whether there is assurance that the other source controls specified in Subsection 052.08.b. shall be achieved, and whether degradation of water quality is necessary to accommodate important economic or social development.(3-31-22)

iii.Public Involvement. The Department will satisfy the public participation provisions of Idaho’s continuing planning process. Public notice and review of antidegradation will be coordinated with existing 401 certification notices for public review.(3-31-22)

09.Tier III - Outstanding Resource Waters (ORWs). ORWs are designated by the legislature.

Subsection 052.09 describes the nomination, public notice and comment, public hearing, and board review process for directing the Department to develop legislation designating ORWs. Only the legislature may designate ORWs.

Once designated by the legislature, the ORWs are listed in these rules.(3-31-22)

a.Nominations. Any person may request, in writing to the board, that a stream segment be considered for designation as an Outstanding Resource Water. To be considered for ORW designation, nominations must be received by the board by April 1 or ten (10) days after the adjournment sine die of that year's regular session of the legislature, whichever is later, for consideration during the next regular session of the legislature. All nominations shall be addressed to:

Idaho Board of Environmental Quality Department of Environmental Quality Outstanding Resource Water Nomination 1410 N. Hilton Boise, Idaho 83706-1255 The nomination shall include the following information:(3-31-22)

i.The name, description and location of the stream segment;(3-31-22)

ii.The boundaries upstream and downstream of the stream segment;(3-31-22)

iii.An explanation of what makes the segment a candidate for the designation;(3-31-22)

iv.A description of the existing water quality and any technical data upon which the description is based as can be found in the most current basin status reports;(3-31-22)

v.A discussion of the types of nonpoint source activities currently being conducted that may lower water quality, together with those activities that are anticipated during the next two (2) years, as described in the most current basin status reports; and(3-31-22)

vi.Any additional evidence to substantiate such a designation.(3-31-22)

b.Public Notice and Public Comment. The board will give public notice that one (1) or more stream segments are being considered for recommendation to the legislature as outstanding resource waters. Public notice will also be given if a public hearing is being held. Public comments regarding possible designation will be accepted by the board for a period of at least forty-five (45) days. Public comments may include, but are not limited to, discussion of socioeconomic considerations; fish, wildlife or recreational values; and other beneficial uses. (3-31-22)

c.Public Hearing. A public hearing(s) may be held at the board's discretion on any stream segment nominated for ORW designation. Public notice will be given if a hearing is held. The decision to hold a hearing may be based on the following criteria:(3-31-22)

i.One (1) or more requests contain supporting documentation and valid reasons for designation;

ii.A stream segment is generally recognized as constituting an outstanding national resource, such as waters of national and state parks, and wildlife refuges;(3-31-22)

iii.A stream segment is generally recognized as waters of exceptional recreational or ecological significance;(3-31-22)

iv.The board shall give special consideration to holding a hearing and to recommending for designation by the legislature, waters which meet criteria found in Subsections 052.09.c.ii. and 052.09.c.iii.;

v.Requests for a hearing will be given due consideration by the board. Public hearings may be held at the board's discretion.(3-31-22)

d.Board Review. The board shall review the stream segments nominated for ORW designation and based on the hearing or other written record, determine the segments to recommend as ORWs to the legislature. The board shall submit a report for each stream segment it recommends for ORW designation. The report shall contain the information specified in Subsection 052.09.a. and information from the hearing record or other written record concerning the impacts the designation would have on socioeconomic conditions; fish, wildlife and recreational values; and other beneficial uses. The Department shall then prepare legislation for each segment that will be recommended to the legislature as an ORW. The legislation shall provide for the listing of designated segments in these rules without the need for formal rulemaking procedures, pursuant to Sections 67-5201, et seq., Idaho Code.

e.Designated Waters. Those stream segments designated by the legislature as ORWs are listed in Sections 110 through 160.(3-31-22)

f.Restriction of Nonpoint Source Activities on ORWs. Nonpoint source activities on ORWs shall be restricted as follows:(3-31-22)

i.The water quality of ORWs shall be maintained and protected. After the legislature has designated a stream segment as an outstanding resource water, no person shall conduct a new or substantially modify an existing nonpoint source activity that can reasonably be expected to lower the water quality of that ORW, except for conducting short term or temporary nonpoint source activities which do not alter the essential character or special uses of a segment, allocation of water rights, or operation of water diversions or impoundments. Stream segments not designated as ORWs that discharge directly into an ORW shall not be subject to the same restrictions as an ORW, nor shall the ORW mixing zone be subject to the same restrictions as an ORW. A person may conduct a new or substantially modify an existing nonpoint source activity that can reasonably be expected to lower the water quality of a tributary or stream segment, which discharges directly into an ORW or an ORW mixing zone, provided that the water quality of that ORW below the mixing zone shall not be lowered.(3-31-22)

ii.After the legislature has designated a stream segment as an outstanding resource water as outlined in Subsection 052.09.e., existing nonpoint source activities may continue and shall be conducted in a manner that maintains and protects the current water quality of an ORW. The provisions of this section shall not affect short term or temporary activities that do not alter the essential character or special uses of a segment, allocation of water rights, or operations of water diversions or impoundments, provided that such activities shall be conducted in conformance with applicable laws and regulations.(3-31-22)

g.Restriction of Point Source Discharges to ORWs. The water quality of ORWs shall be maintained and protected. Point source discharges that may cause degradation to ORWs may be allowed only if they are offset by reductions in other discharges per Subsection 052.06.c.(3-31-22)

IDAPA 58.01.02.053 Public Participation

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)

IDAPA 58.01.02.054 Beneficial Use Support Status

In determining whether a water body fully supports designated and existing beneficial uses, the Department shall determine whether all of the applicable water quality standards are being achieved, including any criteria developed pursuant to these rules, and whether a healthy, balanced biological community is present. The Department shall utilize biological and aquatic habitat parameters listed below and in the current version of the “Water Body Assessment Guidance,” as published by the Idaho Department of Environmental Quality, as a guide to assist in the assessment of beneficial use status. Revisions to this guidance will be made after notice and an opportunity for public comment. These parameters are not to be considered or treated as individual water quality criteria or otherwise interpreted or applied as water quality standards. The Department shall employ a weight of evidence approach in evaluating a combination of water quality data types (including, but not limited to, aquatic habitat and biological parameters), when such a combination of data are available, in making its final use support determination. (3-31-22)

01.Aquatic Habitat Parameters. These parameters may include, but are not limited to, stream width, stream depth, stream shade, measurements of sediment impacts, bank stability, water flows, and other physical characteristics of the stream that affect habitat for fish, macroinvertebrates or other aquatic life.(3-31-22)

02.Biological Parameters. These parameters may include, but are not limited to, evaluation of aquatic macroinvertebrates including Ephemeroptera, Plecoptera and Trichoptera (EPT), Hilsenhoff Biotic Index, measures of functional feeding groups, and the variety and number of fish or other aquatic life to determine biological community diversity and functionality.(3-31-22)

03.Use of Data Regarding pH, Turbidity, Dissolved Oxygen, and Temperature. In making use support determinations, the Department may give less weight to departures from criteria in Section 250 for pH, turbidity, dissolved oxygen, and temperature that are infrequent, brief, and small if aquatic habitat and biological data indicate to the assessor that aquatic life beneficial uses are otherwise supported. Unless otherwise determined by the Department, “infrequent” means less than ten percent (10%) of valid, applicable, representative measurements when continuous data are available; “brief” means two (2) hours or less; and “small” means conditions that avoid acute effects. Subsection 054.03 only applies to use of this data for determination of beneficial use support status.

Subsection 054.03 does not apply to or affect the application of criteria for any other regulatory purpose including, but not limited to, determining whether a particular discharge or activity violates water quality standards. (3-31-22)

04.Natural Conditions. There is no impairment of beneficial uses or violation of water quality standards where natural background conditions exceed any applicable water quality criteria as determined by the Department, and such natural background conditions shall not, alone, be the basis for placing a water body on the list of water quality limited water bodies described in Section 055.(3-31-22)

05.Rigor, Quality and Relevance of Data. In making any use support determination, the Department shall consider the scientific rigor associated with the collection of samples or data (e.g., the scientific methods used to collect samples or data); the quality of measurements and/or analysis of the samples (e.g., methodology, instrumentation, accuracy, precision, and limits of detection where applicable); and the relevance of the data (e.g., the relationship to a water quality standard, beneficial use or cause of impairment, and how representative the samples or data are of the water body in question).(3-31-22)

IDAPA 58.01.02.055 Water Quality Limited Waters and Tmdls

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)

03.Priority of TMDL Development. The priority of TMDL development for water quality limited water bodies identified in the Integrated Report shall be determined by the Director depending upon the severity of pollution and the uses of the water body, including those of unique ecological significance. In determining the severity of pollution and the effect on uses, the Director shall apply the factors set forth in Section 39-3609, Idaho Code. Water bodies identified as a high priority through this process will be the first to be targeted for development of a TMDL or equivalent process.(3-31-22)

04.Protection of Uses Prior to Completion of TMDLs. Prior to the completion of a TMDL or equivalent process for water quality limited water bodies, the Department shall take those actions required by the antidegradation policy (Section 051), the antidegradation implementation procedures (Section 052), and the provisions in Section 39-3610, Idaho Code. Nothing in this section shall be interpreted as requiring best management practices for agricultural operations which are not adopted on a voluntary basis.(3-31-22)

05.Consistency with TMDLs. Once a TMDL or equivalent process is completed, discharges of causative pollutants shall be consistent with the allocations in the TMDL. Nothing in this section shall be interpreted as requiring best management practices for agricultural operations which are not adopted on a voluntary basis.

06.Pollutant Trading. Development of TMDLs or equivalent processes or interim changes under these rules may include pollutant trading with the goal of restoring water quality limited water bodies to compliance with water quality standards.(3-31-22)

07.Idaho Agriculture Pollution Abatement Plan. Use of best management practices by agricultural activities is strongly encouraged in high, medium and low priority watersheds. The Idaho Agriculture Pollution Abatement Plan is the source for best management practices for the control of nonpoint sources of pollution for agriculture.(3-31-22)

IDAPA 58.01.02.056 (Reserved)

IDAPA 58.01.02.060 Mixing Zone Policy

01.Mixing Zones for Point Source Discharges. Whether a mixing zone is authorized, and its size, configuration and location, is determined by the Department on a case-by-case basis. This determination is made in accordance with the provisions of Section 060 at the time a permit is issued, renewed, or materially modified and is in effect as long as the permit remains in effect. Such an authorization is required before a mixing zone can be used to determine the need for, or level of, effluent limits for a particular pollutant.(3-31-22)

a.Mixing zones shall not be authorized for a given pollutant when the receiving water does not meet water quality criteria for that pollutant; provided, however, the Department may authorize a mixing zone when the permitted discharge is consistent with an approved TMDL allocation or other applicable plans or analyses (such as 4b implementation plans, watershed loading analyses, or facility-specific water quality pollutant management plans) that demonstrate that there is available assimilative capacity and authorizing a mixing zone is consistent with achieving compliance with water quality standards in the receiving water.(3-31-22)

b.Water quality within an authorized mixing zone is allowed to exceed chronic water quality criteria for those parameters approved by the Department. If approved by the Department, acute water quality criteria for one (1) or more parameters may be exceeded within the zone of initial dilution inside the mixing zone. Narrative criteria in Subsections 200.03 and 200.05 apply within the mixing zone. All water quality criteria must be met at the boundary of any mixing zone under its design conditions.(3-31-22)

c.The size of mixing zone(s) and the concentration of pollutant(s) present shall be evaluated based on the permitted design flow. The Department shall not authorize a mixing zone that is determined to be larger than is necessary considering siting, technological, and managerial options available to the discharger.(3-31-22)

d.Mixing zones, individually or in combination with other mixing zones, shall not cause unreasonable interference with, or danger to, beneficial uses. Unreasonable interference with, or danger to, beneficial uses includes, but is not limited to, the following:(3-31-22)

i.Impairment to the integrity of the aquatic community, including interfering with successful spawning, egg incubation, rearing, or passage of aquatic life.(3-31-22)

ii.Heat in the discharge that causes thermal shock, lethality, or loss of cold water refugia.(3-31-22)

iii.Bioaccumulation of pollutants (as defined in Section 010) resulting in tissue levels in aquatic organisms that exceed levels protective of human health or aquatic life.(3-31-22)

iv.Lethality to aquatic life passing through the mixing zone.(3-31-22)

v.Concentrations of pollutants that exceed Maximum Contaminant Levels at drinking water intake structures.(3-31-22)

vi.Conditions which impede or prohibit recreation in or on the water body. Mixing zones shall not be authorized for E. coli.(3-31-22)

e.Multiple nested mixing zones may be established for a single point of discharge, each being specific for one (1) or more pollutants contained within the discharge.(3-31-22)

f.Multiple mixing zones may be established for a single activity with multiple points of discharge.

When these individual mixing zones overlap or merge, their combined area and volume shall not exceed that which would be allowed if there was a single point of discharge. When these individual mixing zones do not overlap or merge, they may be authorized as individual mixing zones.(3-31-22)

g.Adjacent mixing zones of independent activities shall not overlap.(3-31-22)

h.Mixing zones shall meet the following restrictions; provided, however, that the Department may authorize mixing zones that vary from the restrictions under the circumstances set forth in Subsection 060.01.i. below:(3-31-22)

i.For flowing waters:(3-31-22)

(1)The width of a mixing zone is not to exceed twenty-five percent (25%) of the stream width; and (2)The mixing zone shall not include more than twenty-five percent (25%) of the low flow design discharge conditions as set forth in Subsection 210.03.b. of these rules.(3-31-22)

ii.For all new discharges to nonflowing waters authorized after July 1, 2015:(3-31-22)

(1)The size of the mixing zone is not to exceed five percent (5%) of the total open surface area of the water body or one hundred (100) meters from the point of discharge, whichever is smaller;(3-31-22)

(2)Shore-hugging plumes are not allowed; and(3-31-22)

(3)Diffusers shall be used.(3-31-22)

iii.For all existing discharges to nonflowing waters authorized prior to July 1, 2015, the total horizontal area allocated to the mixing zone is not to exceed ten percent (10%) of the surface area of the lake.

iv.Lakes and reservoirs with a mean detention time of fifteen (15) days or greater shall be considered nonflowing waters for this purpose. Detention time will be calculated as the mean annual storage volume divided by the mean annual flow rate out of the reservoir for the same time period.(3-31-22)

i.The Department may authorize a mixing zone that varies from the limits in Subsection 060.01.h. if it is established that:(3-31-22)

i.A smaller mixing zone is needed to avoid an unreasonable interference with, or danger to, beneficial uses as described in Subsection 060.01.d., and the mixing zone meets the other requirements set forth in Section 060; or(3-31-22)

ii.A larger mixing zone is needed by the discharger and does not cause an unreasonable interference with, or danger to, beneficial uses as described in Subsection 060.01.d., and the mixing zone meets the other requirements set forth in Section 060. The discharger shall provide to the Department an analysis that demonstrates a larger mixing zone is needed given siting, technological, and managerial options.(3-31-22)

j.The following elements shall be considered when designing an outfall:(3-31-22)

i.Encourage rapid mixing to the extent possible. This may be done through careful location and design of the outfall; and(3-31-22)

ii.Avoid shore-hugging plumes in those water bodies where the littoral zone is a major supply of food and cover for migrating fish and other aquatic life or where recreational activities are impacted by the plume.

02.Points of Compliance as Alternatives to Mixing Zones. Specification of mixing zones for some 404 dredge and fill activities, stormwater, and nonpoint source discharges may not be practicable due to the generally intermittent and diffuse nature of these discharges. Rather, the Department may allow limited dilution of the discharge by establishing points for monitoring compliance with ambient water quality criteria. These alternatives to a mixing zone are still subject to requirements outlined in Subsections 060.01.a., 060.01.d., 200.03, and 200.05.

IDAPA 58.01.02.061 (Reserved)

IDAPA 58.01.02.070 Application of Standards

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)

IDAPA 58.01.02.071 (Reserved)

IDAPA 58.01.02.080 Violation of Water Quality Standards

01.Discharges Which Result in Water Q uality 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)

02.Short Term Activity Exemption. The Department or the Board can authorize, with whatever conditions deemed necessary, short term activities even though such activities can result in a violation of these rules;

a.No activity can be authorized by the provisions of Subsection 080.02 unless:(3-31-22)

i.The activity is essential to the protection or promotion of public interest;(3-31-22)

ii.No permanent or long term injury of beneficial uses is likely as a result of the activity.(3-31-22)

b.Activities eligible for authorization by Subsection 080.02 include, but are not limited to: (3-31-22)

i.Wastewater treatment facility maintenance;(3-31-22)

ii.Fish eradication projects;(3-31-22)

iii.Mosquito abatement projects;(3-31-22)

iv.Algae and weed control projects;(3-31-22)

v.Dredge and fill activities;(3-31-22)

vi.Maintenance of existing structures;(3-31-22)

vii.Limited road and trail reconstruction;(3-31-22) viii.Soil stabilization measures;(3-31-22)

ix.Habitat enhancement structures; and(3-31-22)

x.Activities which result in overall enhancement or maintenance of beneficial uses.(3-31-22)

03.Temperature Exemption. Exceeding the temperature criteria in Section 250 will not be considered a water quality standard violation when the air temperature of a given day exceeds the ninetieth percentile of a yearly series of the maximum weekly maximum air temperature (MWMT) calculated over the historic record measured at the nearest weather reporting station.(3-31-22)

IDAPA 58.01.02.081 (Reserved)

IDAPA 58.01.02.090 Analytical Procedures

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 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)

03.Biological Procedures. Biological tests to determine compliance with these standards should be based on methods as outlined in:(3-31-22) a.“Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms,”

Fourth Edition, EPA, 1991; or(3-31-22) b.“Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms,” Second Edition, EPA 1989; or(3-31-22) c.“Rapid Bioassessment Protocols for Use in Streams and Rivers,” EPA, 1989; or(3-31-22)

d.Other scientifically valid methods deemed appropriate by the Department.(3-31-22)

IDAPA 58.01.02.091 (Reserved)

IDAPA 58.01.02.100 Surface Water Use Designations

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.

02.Recreation.(3-31-22)

a.Primary contact recreation (PCR): water quality appropriate for prolonged and intimate contact by humans or for recreational activities when the ingestion of small quantities of water is likely to occur. Such activities include, but are not restricted to, those used for swimming, water skiing, or skin diving. PCR includes all activities associated with secondary contact recreation (SCR).(3-31-22)

b.Secondary contact recreation (SCR): water quality appropriate for recreational uses on or about the water and which are not included in the primary contact category. These activities may include fishing, boating, wading, infrequent swimming, and other activities where ingestion of raw water is not likely to occur.(3-31-22)

03.Water Supply.(3-31-22)

a.Domestic (DWS): water quality appropriate for use as untreated raw water (as defined under IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems”) for public drinking water.(3-31-22)

b.Agricultural: water quality appropriate for the irrigation of crops or as drinking water for livestock.

This use applies to all surface waters of the state.(3-31-22)

c.Industrial: water quality appropriate for industrial water supplies. This use applies to all surface waters of the state.(3-31-22)

04.Wildlife Habitats. Water quality appropriate for wildlife habitats. This use applies to all surface waters of the state.(3-31-22)

05.Aesthetics. This use applies to all surface waters of the state.(3-31-22)

IDAPA 58.01.02.101 Nondesignated Surface Waters

01.Undesignated Surface Waters. Surface waters not designated in Sections 1 10 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)

02.Man-Made Waterways. Unless designated in Sections 110 through 160, man-made waterways are to be protected for the use for which they were developed.(3-31-22)

03.Private Waters. Unless designated in Sections 110 through 160, lakes, ponds, pools, streams and springs outside public lands but located wholly and entirely upon a person's land are not protected specifically or generally for any beneficial use.(3-31-22)

IDAPA 58.01.02.102 Designation and Revision of Beneficial Uses

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)

b.In no case shall waste transport or waste assimilation be a designated beneficial use for a water body.(3-31-22)

02.Revision of Beneficial Uses.(3-31-22)

a.Designated beneficial uses shall be reviewed and revised when such physical, geological, hydrological, atmospheric, chemical or biological measures indicate the need to do so. Designated beneficial uses may be revised or removed if the designated beneficial use is not an existing use, and it is demonstrated that attaining the designated beneficial use is not feasible due to one of the following factors:(3-31-22)

i.Naturally occurring pollutant concentrations prevent the attainment of the use;(3-31-22)

ii.Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating state water conservation requirements to enable uses to be met;(3-31-22)

iii.Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place;(3-31-22)

iv.Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use;(3-31-22)

v.Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or(3-31-22)

vi.Controls more stringent than those required by sections 301(b) and 306 of the federal Clean Water Act would result in substantial and widespread economic and social impact.(3-31-22)

b.Designated beneficial uses may not be removed if:(3-31-22)

i.They are existing uses unless a use requiring more stringent criteria is added; or(3-31-22)

ii.Such uses can be attained by implementing effluent limits required under sections 301(b) and 306 of the federal Clean Water Act and by implementing cost-effective and reasonable best management practices for nonpoint source control.(3-31-22)

c.Where existing water quality standards specify designated uses less than those which are presently being attained, the Department shall revise its standards to reflect the uses actually being attained.(3-31-22)

d.A use attainability analysis is a structured scientific as sessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors as described in Subsection 102.02.a. A use attainability analysis must be conducted whenever:(3-31-22)

i.The Department designates uses for a water body that do not include the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water; or(3-31-22)

ii.The Department acts to remove a designated use which provides for protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water; to remove a subcategory of such uses; or to designate subcategories of such uses which require less stringent criteria than previously applicable.(3-31-22)

e.A use attainability analysis is not required under this rule whenever:(3-31-22)

i.The Department designates beneficial uses which include protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water; or(3-31-22)

ii.The Department removes a beneficial use that does not include the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water.(3-31-22)

IDAPA 58.01.02.103 (Reserved)

IDAPA 58.01.02.109 Huc Index and Abbreviations for Sections 110, 120, 130, 140, 150, and 160

01.Map. The fo llowing map depicts the hydrologic units and basins described here in.(3-31-22)

02.Table. The following table describes the hydrologic unit code (HUC), associated subbasin name, and the rule section describing the water bodies within the subbasin. 16010102Central Bear160.0116010201Bear Lake160.02 16010202Middle Bear160.0316010203Little Bear-Logan160.04 16010204Lower Bear-Malad160.0516020309Curlew Valley160.06 17010101Upper Kootenai110.0117010104Lower Kootenai110.02 17010105Moyie110.0317010213Lower Clark Fork110.04 17010214Pend Oreille Lake110.0517010215Priest110.06 17010216Pend Oreille110.0717010301Upper Coeur d’Alene110.08 17010302South Fork Coeur d’Alene110.0917010303Coeur d’Alene Lake110.10 17010304St. Joe110.1117010305Upper Spokane110.12 17010306Hangman110.1317010308Little Spokane110.14 17040104Palisades150.0117040105Salt150.02 17040201Idaho Falls150.0317040202Upper Henrys150.04 17040203Lower Henrys150.0517040204Teton150.06 17040205Willow150.0717040206American Falls150.08 17040207Blackfoot150.0917040208Portneuf150.10 17040209Lake Walcott150.1117040210Raft150.12 17040211Goose150.1317040212Upper Snake-Rock150.14 17040213Salmon Falls150.1517040214Beaver-Camas150.16 17040215Medicine Lodge150.1717040216Birch150.18 17040217Little Lost150.1917040218Big Lost150.20 17040219Big Wood150.2117040220Camas150.22 17040221Little Wood150.2317050101C.J. Strike Reservoir140.01 17050102Bruneau140.0217050103Middle Snake-Succor140.03 17050104Upper Owyhee140.0417050105South Fork Owyhee140.05 17050106East Little Owyhee140.0617050107Middle Owyhee140.07 17050108Jordan140.0817050111North/Middle Fork Boise140.09 17050112Boise-Mores140.1017050113South Fork Boise140.11 17050114Lower Boise140.1217050115Middle Snake-Payette140.13 17050120South Fork Payette140.1417050121Middle Fork Payette140.15 17050122Payette140.1617050123North Fork Payette140.17 17050124Weiser140.1817050201Brownlee Reservoir140.19

03.Abbreviations.(3-31-22)

a.COLD -- Cold Water Communities.(3-31-22)

b.SS -- Salmonid Spawning.(3-31-22)

c.SC -- Seasonal Cold Water Communities.(3-31-22)

d.WARM -- Warm Water Communities.(3-31-22)

e.MOD -- Modified Communities.(3-31-22)

f.PCR -- Primary Contact Recreation.(3-31-22)

g.SCR -- Secondary Contact Recreation.(3-31-22)

h.DWS -- Domestic Water Supply.(3-31-22)

i.NONE -- Use Unattainable.(3-31-22)

j.No entry in the Aquatic Life or Recreation columns -- nondesignated waters for those uses.

IDAPA 58.01.02.110 Panhandle Basin

Surface waters found within the Panhandle basin total fourteen (14) subbasins and are designated as follows:

01.Upper Kootenai Subbasin. The Upper Kootenai Subbasin, HUC 17010101, is comprised of six (6) water body units. 17060101Hells Canyon130.0117060103Lower Snake-Asotin130.02 17060108Palouse120.0117060109Rock120.02 17060201Upper Salmon130.0317060202Pahsimeroi130.04 17060203Middle Salmon-Panther130.0517060204Lemhi130.06 17060205U. Middle Fork Salmon130.0717060206L. Middle Fork Salmon130.08 17060207Mid. Salmon-Chamberlain130.0917060208South Fork Salmon130.10 17060209Lower Salmon130.1117060210Little Salmon130.12 17060301Upper Selway120.0317060302Lower Selway120.04 17060303Lochsa120.0517060304Middle Fork Clearwater120.06 17060305South Fork Clearwater120.0717060306Clearwater120.08 17060307U. North Fork Clearwater120.0917060308L. North Fork Clearwater120.10

02.Lower Kootenai Subbasin. The Lower Kootenai Subbasin, HUC 17010104, is comprised of forty (40) water body units.

P-1Star Creek - source to Idaho/Montana border P-2North Callahan Creek - source to Idaho/Montana border P-3South Callahan Creek - Glad Creek to Idaho/Montana border P-4South Callahan Creek - source to Glad Creek P-5Glad Creek - source to mouth P-6Keeler Creek - source to Idaho/Montana border P-1Kootenai River - Shorty’s Island to the Idaho/Canadian border P-2Boundary Creek - Idaho/Canadian border to mouth P-3Grass Creek - source to Idaho/Canadian border P-4Blue Joe Creek - source to Idaho/Canadian border P-5Smith Creek - Cow Creek to mouth P-6Cow Creek - source to mouth P-7Smith Creek - source to Cow Creek P-8Long Canyon Creek - source to mouth P-9Parker Creek - source to mouth P-10Trout Creek - source to mouth P-11Ball Creek - source to mouth P-12Kootenai River - Deep Creek to and including Shorty’s Island P-13Myrtle Creek - source to mouth P-14Cascade Creek - source to mouth P-15Deep Creek - Snow Creek to mouth P-16Snow Creek - source to mouth P-17Caribou Creek - source to mouth P-18Deep Creek - Brown Creek to Snow Creek P-19Deep Creek - Trail Creek to Brown Creek P-20Ruby Creek - source to mouth P-21Fall Creek - source to mouth P-22Deep Creek - McArthur Lake to Trail Creek P-23McArthur LakeCOLD P-24Dodge Creek - source to mouth P-25Deep Creek - source to McArthur Lake P-26Trail Creek - source to mouth P-27Brown Creek - source to mouth P-28Twentymile Creek - source to mouth P-29Kootenai River - Moyie River to Deep Creek P-30Cow Creek - source to mouth

03.Moyie Subbasin. The Moyie Subbasin, HUC 17010105, is comprised of twelve (12) water body P-31Kootenai River - Idaho/Montana to Moyie River P-32Boulder Creek - East Fork Boulder Creek to mouth P-33Boulder Creek - source to East Fork Boulder Creek P-34East Fork Boulder Creek - source to mouth P-35Curley Creek - source to mouth P-36Flemming Creek - source to mouth P-37Rock Creek - source to mouth P-38Mission Creek - Brush Creek to mouth P-39Brush Creek - source to mouth P-40Mission Creek - Idaho/Canadian border to Brush Creek P-1Moyie River - Moyie Falls Dam to mouth P-2Moyie River - Meadow Creek to Moyie Falls Dam P-3Skin Creek - Idaho/Montana border to mouth P-4Deer Creek - source to mouth P-5Moyie River - Round Prairie Creek to Meadow Creek P-6Moyie River - Idaho/Canadian border to Round Prairie Creek

04.Lower Clark Fork Subbasin. The Lower Clark Fork Subbasin, HUC 17010213, is comprised of twenty-one (21) water body units.

P-7Canuck Creek - Idaho/Montana border to Idaho/Canadian border P-8Round Prairie Creek - Gillon Creek to mouth P-9Gillon Creek - Idaho/Canadian border to mouth P-10Round Prairie Creek - source to Gillon Creek P-11Miller Creek - source to mouth P-12Meadow Creek - source to mouth P-1Clark Fork River Delta - Mosquito Creek to Pend Oreille Lake P-2Johnson Creek - source to mouth P-3Clark Fork River - Cabinet Gorge Dam to Mosquito Creek P-4Dry Creek - source to mouth P-5Clark Fork River - Idaho/Montana border to Cabinet Gorge Dam P-6West Fork Elk Creek - source to Idaho/Montana border P-7West Fork Blue Creek - source to Idaho/Montana border P-8Gold Creek - source to Idaho/Montana border P-9Mosquito Creek - source to mouth P-10Lightning Creek - Spring Creek to mouth P-11Lightning Creek - Cascade Creek to Spring Creek P-12Cascade Creek - source to mouth P-13Lightning Creek - East Fork Creek to Cascade Creek P-14East Fork Creek - Idaho/Montana border to mouth

05.Pend Oreille Lake Subbasin. The Pend Oreille Lake Subbasin, HUC 17010214, is comprised of sixty-one (61) water body units.

P-15Savage Creek - Idaho/Montana border to mouth P-16Lightning Creek - Wellington Creek to East Fork Creek P-17Lightning Creek - Rattle Creek to Wellington Creek P-18Rattle Creek - source to mouth P-19Lightning Creek - source to Rattle Creek P-20Wellington Creek - source to mouth P-21Spring Creek - source to mouth P-1Pend Oreille River - Priest River to Albeni Falls DamCOLDPCRDWS P-2Pend Oreille River - Pend Oreille Lake to Priest RiverCOLDPCRDWS P-3Hoodoo Creek - source to mouth P-4Kelso Lake and outlet P-5Granite Lake P-6Beaver Lake P-7Spirit Creek - source to mouth P-8Blanchard Lake P-9Spirit Lake P-10Brickel Creek - Idaho/Washington border to mouth P-11Jewell Lake P-12Cocolalla Creek - Cocolalla Lake to mouthCOLDPCRDWS P-13Cocolalla LakeCOLDPCRDWS P-14Cocolalla Creek - source to Cocolalla LakeDWS P-15Fish Creek - source to mouth P-16Fry Creek - source to mouth P-17Shepard Lake P-18Pend Oreille Lake P-19Gamble Lake P-20Mirror Lake P-21Gold Creek - West Gold Creek to mouth P-22West Gold Creek- source to mouth P-23Gold Creek - source to West Gold Creek P-24Chloride Creek - source to mouth P-25North Gold Creek - source to mouth P-26Cedar Creek - source to mouth P-27Granite Creek - source to mouth P-28Riser Creek - source to mouthDWS P-29Strong Creek - source to mouthDWS P-30Trestle Creek - source to mouth P-31Lower Pack River - Sand Creek to mouth P-32Trout Creek - source to mouth P-33Rapid Lightning Creek - source to mouth P-34Gold Creek - source to mouth P-35Grouse Creek - North Fork Grouse Creek to mouth P-36Grouse Creek - source to North Fork Grouse Creek P-37North Fork Grouse Creek - source to mouth P-38Sand Creek - source to mouth P-39Upper Pack River - Lindsey Creek to Sand Creek P-40Walsh Lake P-41Upper Pack River - source to and including Lindsey Creek P-42McCormick Creek - source to mouth P-43Jeru Creek - source to mouth P-44Hellroaring Creek - source to mouth P-45Caribou Creek - source to mouth P-46Berry Creek - source to mouthDWS

06.Priest Subbasin. The Priest Subbasin, HUC 17010215, is comprised of thirty-one (31) water body P-47Colburn Creek - source to mouth P-48Sand Creek - Schweitzer Creek to mouthDWS P-49Sand Creek - source to Schweitzer Creek P-50Spring Jack Creek - source to mouth P-51Swede Creek - source to mouth P-52Schweitzer Creek - source to mouth P-53Little Sand Creek - source to mouthDWS P-54Syringa Creek - source to mouth P-55 Carr Creek - source to mouth P-56Hornby Creek - source to mouth P-57Smith Creek - source to mouth P-58Johnson Creek - source to mouth P-59Riley Creek - source to mouth P-60Manley Creek - source to mouth P-61Strong Creek - source to mouth P-1Lower Priest River - Upper West Branch Priest River to mouthCOLDPCRDWS P-2Big Creek - source to mouth P-3Middle Fork East River - source to mouth P-4North Fork East River - source to mouth P-5Lower Priest River - Priest Lake to Upper West Branch Priest RiverCOLDPCRDWS P-6Priest Lake P-7Chase Lake P-8Soldier Creek - source to mouth P-9Hunt Creek - source to mouth P-10Indian Creek - source to mouth P-11Bear Creek - source to mouth P-12Two Mouth Creek - source to mouth

07.Pend Oreille Subbasin. The Pend Oreille Subbasin, HUC 17010216, is comprised of two (2) water

08.Upper Coeur d’Alene Subbasin. The Upper Coeur d’Alene Subbasin, HUC 17010301, is comprised of thirty-nine (39) water body units.

P-13Lion Creek - source to mouth P-14Priest Lake Thorofare - Upper Priest Lake to Priest Lake P-15Caribou Creek - source to mouth P-16Upper Priest Lake P-17Trapper Creek - source to mouth P-18Upper Priest River - Idaho/Canadian border to mouth P-19Hughes Fork - source to mouth P-20Beaver Creek - source to mouth P-21Tango Creek - source to mouth P-22Granite Creek - Idaho/Washington border to mouth P-23Reeder Creek - source to mouth P-24Kalispell Creek - Idaho/Washington border to mouth P-25Lamb Creek - Idaho/Washington border to mouth P-26Binarch Creek - Idaho/Washington border to mouth P-27Upper West Branch Priest River - Idaho/Washington border to mouth P-28Goose Creek - Idaho/Washington border to mouth P-29Quartz Creek - source to mouth P-30Lower West Branch Priest River - Idaho/Washington border to mouth P-31Moores Creek - source to mouth P-1South Salmo River - source to Idaho/Washington border P-2Pend Oreille River - Albeni Falls Dam to Idaho/Washington borderCOLDPCRDWS P-1North Fork Coeur d’Alene River - Yellow Dog Creek to mouth P-2Graham Creek - source to mouth P-3Beaver Creek - source to mouth P-4Prichard Creek - Butte Creek to mouth P-5Prichard Creek - source to Butte Creek P-6Butte Creek - source to mouth P-7Eagle Creek - source to mouth P-8West Fork Eagle Creek - source to mouth P-9Lost Creek - source to mouth P-10Shoshone Creek - Falls Creek to mouth P-11Falls Creek - source to mouth P-12Shoshone Creek - source to Falls Creek P-13 North Fork Coeur d’Alene River - Jordan Creek to Yellow Dog Creek P-14Jordan Creek - source to mouth P-15North Fork Coeur d’Alene River - source to Jordan Creek P-16Cataract Creek - source to mouth P-17Tepee Creek - confluence of Trail Creek and Big Elk Creek to mouth P-18Independence Creek - source to mouth P-19Trail Creek - source to mouth P-20Big Elk Creek - source to mouth P-21Brett Creek - source to mouth P-22Miners Creek - source to mouth P-23Flat Creek - source to mouth P-24Yellow Dog Creek - source to mouth P-25Downey Creek - source to mouth P-26Brown Creek - source to mouth P-27Grizzly Creek - source to mouth P-28Steamboat Creek - source to mouth P-29Cougar Gulch - source to mouth P-30Little North Fork Coeur d’Alene River - source to mouth

09.South Fork Coeur d’Alene Subbasin. The South Fork Coeur d’Alene Subbasin, HUC 17010302, is comprised of twenty (20) water body units.

P-31Bumblebee Creek - source to mouth P-32Laverne Creek - source to mouth P-33Leiberg Creek - source to mouth P-34Bootjack Creek - source to mouth P-35Iron Creek - source to mouth P-36Burnt Cabin Creek - source to mouth P-37Deception Creek - source to mouth P-38Skookum Creek - source to mouth P-39Copper Creek - source to mouth P-1South Fork Coeur d'Alene River - Canyon Creek to mouthCOLDSCR P-2Pine Creek - East Fork Pine Creek to mouth P-3Pine Creek - source to East Fork Pine Creek P-4East Fork Pine Creek - source to mouth P-5Hunter Creek - source to mouth P-6Government Gulch - source to mouth P-7aBig Creek - source to mining impact area P-7bBig Creek - mining impact area to mouth P-8aShields Gulch - source to mining impact area P-8bShields Gulch - mining impact area to mouthSCR P-9aLake Creek - source to mining impact area P-9bLake Creek - mining impact area to mouth P-10Placer Creek - source to mouthDWS

10.Coeur d’Alene Lake Subbasin. The Coeur d’Alene Lake Subbasin, HUC 17010303, is comprised of thirty-four (34) water body units.

P-11

South Fork Coeur d'Alene River - from and including Daisy Gulch to Canyon Creek COLDSCRDWS P-12Willow Creek - source to mouth P-13South Fork Coeur d'Alene River - source to Daisy Gulch P-14Canyon Creek - from and including Gorge Gulch to mouthCOLDSCRDWS P-15Canyon Creek - source to Gorge Gulch P-16 Ninemile Creek - from and including East Fork  Ninemile Creek to mouth P-17Ninemile Creek - source to East Fork Ninemile Creek P-18Moon Creek - source to mouth P-19West Fork Moon Creek - source to mouth P-20Bear Creek - source to mouth P-1Coeur d’Alene Lake P-2Cougar Creek - source to mouth P-3Kid Creek - source to mouth P-4Mica Creek - source to mouth P-5Fighting Creek - source to mouth P-6Lake Creek - Idaho/Washington border to mouth P-7Coeur d’Alene River - Latour Creek to mouthCOLDPCR P-8Anderson Lake P-9Black Lake P-10Medicine Lake P-11Willow Creek - source to mouth P-12Evans Creek - source to mouth P-13Robinson Creek - source to mouth

11.St. Joe Subbasin. The St. Joe Subbasin, HUC 17010304, is comprised of sixty-nine (69) water P-14Bull Run Lake P-15Latour Creek - source to mouth P-16 Coeur d’Alene River - South Fork Coeur d’Alene  River to Latour Creek P-17Skeel and Cataldo Creeks - source to mouth P-18French Gulch - source to mouth P-19 Hardy and Hayden Gulch and Whitman Draw Creeks  Complex - source to mouth P-20Fourth of July Creek - source to mouth P-21Rose Lake P-22Killarney Lake P-23Swan Lake P-24Blue Lake P-25Thompson Lake P-26Carlin Creek - source to mouth P-27Turner Creek - source to mouth P-28Beauty Creek - source to mouth P-29Wolf Lodge Creek - source to mouth P-30Cedar Creek - source to mouth P-31Marie Creek - source to mouth P-32Fernan Creek - Fernan Lake to mouth P-33Fernan Lake P-34Fernan Creek - source to Fernan Lake P-1Chatcolet Lake P-2Plummer Creek - source to mouth P-3Pedee Creek - source to mouth P-4Benewah Creek - source to mouth P-5St. Joe River - St. Maries River to mouthCOLDPCR P-6Cherry Creek - source to mouth P-7St. Maries River - Santa Creek to mouthCOLDPCR P-8Alder Creek - source to mouth P-9John Creek - source to mouth P-10Santa Creek - source to mouth P-11Charlie Creek - source to mouth P-12St. Maries River - Carpenter Creek to Santa CreekCOLDPCR P-13Tyson Creek - source to mouth P-14Carpenter Creek - source to mouth P-15 St. Maries River - confluence of West Fork and Middle  Fork St. Maries Rivers to Carpenter Creek P-16Emerald Creek - source to mouth P-17West Fork St. Maries River - source to mouth P-18Middle Fork St. Maries River - source to mouth P-19Gold Center Creek - source to mouth P-20Merry Creek - source to mouth P-21Childs Creek - source to mouth P-22Olson Creek - source to mouth P-23Crystal Creek - source to mouth P-24Renfro Creek - source to mouth P-25Beaver Creek - source to mouth P-26Thorn Creek - source to mouth P-27St. Joe River - North Fork St. Joe River to St. Maries River P-28Bond Creek - source to mouth P-29Hugus Creek- source to mouth P-30Mica Creek - source to mouth P-31Marble Creek - Hobo Creek to mouth P-32Eagle Creek - source to mouth P-33Bussel Creek - source to mouth P-34Hobo Creek - source to mouth P-35Marble Creek - source to Hobo Creek P-36Homestead Creek - source to mouth P-37Daveggio Creek - source to mouth P-38Boulder Creek - source to mouth P-39Fishhook Creek - source to mouth P-40Siwash Creek - source to mouth P-41St. Joe River - source to North Fork St. Joe River P-42Sisters Creek - source to mouth P-43Prospector Creek - source to mouth P-44Nugget Creek - source to mouth P-45Bluff Creek - source to mouth P-46Mosquito Creek - source to mouth P-47Fly Creek - source to mouth P-48Beaver Creek - source to mouth P-49Copper Creek - source to mouth P-50Timber Creek - source to mouth P-51Red Ives Creek - source to mouth P-52Simmons Creek - source to mouth P-53Gold Creek - source to mouth P-54Bruin Creek - source to mouth P-55Quartz Creek - source to mouth P-56Eagle Creek - source to mouth P-57Bird Creek - source to mouth P-58Skookum Creek - source to mouth P-59North Fork St. Joe River - Loop Creek to mouth P-60Loop Creek - source to mouth P-61North Fork St. Joe River - source to Loop Creek P-62Slate Creek - source to mouth P-63Big Creek - source to mouth P-64Trout Creek - source to mouth P-65Falls Creek - source to mouth P-66Reeds Gulch Creek - source to mouth P-67Rochat Creek - source to mouthDWS P-68Street Creek - source to mouth

12.Upper Spokane Subbasin. The Upper Spokane Subbasin, HUC 17010305, is comprised of eighteen (18) water body units.

13.Hangman Subbasin. The Hangman Subbasin, HUC 17010306, is comprised of five (5) water P-69Deep Creek - source to mouth P-1Liberty Creek - source to Idaho/Washington border P-2Cable Creek - source to Idaho/Washington border P-3Spokane River - Post Falls Dam to Idaho/Washington border P-4Spokane River - Coeur d'Alene Lake to Post Falls Dam P-5Hayden Lake P-6Yellowbank Creek - source to mouth P-7Jim Creek - source to mouth P-8Mokins Creek - source to mouth P-9Nilsen Creek - source to mouth P-10Hayden Creek -source to mouth P-11Sage Creek and Lewellen Creek - source to mouth P-12Rathdrum Creek - Twin Lakes to mouth P-13Twin LakesCOLDPCRDWS P-14Fish Creek - Idaho/Washington border to Twin Lakes P-15Hauser Lake outlet - Hauser Lake to mouth P-16Hauser LakeCOLDPCRDWS P-17Lost Lake, Howell, and Lost Creeks - source to mouth P-18Hauser Creek - source to mouth P-1Hangman Creek - source to Idaho/Washington borderCOLDSCR P-2Little Hangman Creek - source to Idaho/Washington border

14.Little Spokane Subbasin. The Little Spokane Subbasin, HUC 17010308, is comprised of one (1) water body unit.

IDAPA 58.01.02.111 (Reserved)

IDAPA 58.01.02.120 Clearwater Basin

Surface waters found within the Clearwater basin total ten (10) subbasins and are designated as follows:(3-31-22)

01.Palouse Subbasin. The Palouse Subbasin, HUC 17060108, is comprised of thirty-three (33) water P-3Rock Creek - source to Idaho/Washington borderSCR P-4Middle Fork Rock Creek - source to Idaho/Washington border P-5North Fork Rock Creek - source to Idaho/Washington border P-1McDonald Creek - source to mouth C-1Cow Creek - source to Idaho/Washington borderCOLDSCR C-2South Fork Palouse River - Gnat Creek to Idaho/Washington border C-3South Fork Palouse River - source to Gnat Creek C-4aGnat Creek - source to T40N, R05W, Sec. 26COLDSCR C-4bGnat Creek - T40N, R05W, Sec. 26 to mouth COLDSCR C-5Paradise Creek - source to Idaho/Washington borderCOLDSCR C-6aMissouri Flat Creek - source to T40N, R5W, Sec. 17COLDSCR C-6bMissouri Flat Creek-T40N, R5W, Sec. 17 to Idaho/Washington borderCOLDSCR C-7aFourmile Creek - source to T40N, R5W, Sec. 5COLDSCR C-7bFourmile Creek - T40N, R5W, Sec. 5 to Idaho/Washington borderCOLDSCR C-8aSilver Creek - source to T43, R5W, Sec. 29COLDSCR C-8bSilver Creek - T43, R5W, Sec. 29 to Idaho/Washington borderCOLDSCR C-9Palouse River - Deep Creek to Idaho/Washington borderCOLDSCR C-10Palouse River - Hatter Creek to Deep CreekCOLDSCR C-11aFlannigan Creek - source to T41N, R05W, Sec. 23COLDSCR C-11bFlannigan Creek - T41N, R05W, Sec. 23 to mouthCOLDSCR C-12 Rock Creek - confluence of West and East Fork Rock Creeks to mouth C-13aWest Fork Rock Creek - source to T41N, R04W, Sec. 30COLDSCR C-13bWest Fork Rock Creek - T41N, R04W, Sec. 30 to mouthCOLDSCR C-14aEast Fork Rock Creek - source to T41N, R 04W, Sec. 29COLDSCR C-14bEast Fork Rock Creek - T41N, R 04W, Sec. 29 to mouthCOLDSCR C-15aHatter Creek - source to T40N, R04W, Sec. 3COLDSCR C-15bHatter Creek - T40N, R04W, Sec. 3 to mouthCOLDSCR C-16Palouse River - Strychnine Creek to Hatter Creek C-17Flat Creek - source to mouthCOLDSCR C-18Palouse River - source to Strychnine Creek C-19Little Sand Creek - source to mouth C-20Big Sand Creek - source to mouth C-21North Fork Palouse River - source to mouth C-22Strychnine Creek - source to mouth C-23Meadow Creek - East Fork Meadow Creek to mouthCOLDSCR C-24East Fork Meadow Creek - source to mouth C-25Meadow Creek - source to East Fork Meadow Creek C-26White Pine Creek - source to mouth C-27aBig Creek - source to T42N, R03W, Sec. 08 C-27bBig Creek - T42N, R03W, Sec. 08 to mouthCOLDSCR C-28Jerome Creek - source to mouth C-29Gold Creek - T42N, R04W, Sec. 28 to mouthCOLDSCR C-30Gold Creek - source to T42N, R04W, Sec. 28

02.Rock Subbasin. The Rock Subbasin, HUC 17060109, is comprised of three (3) water body units.

03.Upper Selway Subbasin. The Upper Selway Subbasin, HUC 17060301, is comprised of fifty-eight (58) water body units.

C-31aCrane Creek - source to T42N, 04W, Sec. 28COLDSCR C-31bCrane Creek - T42N, 04W, Sec. 08 to mouthCOLDSCR C-32aDeep Creek - source to T42, R05, Sec. 02COLDSCR C-32bDeep Creek - T42, R05, Sec. 02 to mouthCOLDSCR C-33aCedar Creek - source to T43N, R05W, Sec. 28COLDSCR C-33bCedar Creek - T43N, R05W, Sec. 28 to Idaho/Washington borderCOLDSCR C-1South Fork Pine Creek - source to Idaho/Washington borderCOLDSCR C-2North Fork Pine Creek - source to Idaho/Washington borderCOLDSCR Unnamed Tributaries - source to Idaho/Washington border (T44N, R05W, Sec.31 / T43N, R05W, Sec. 6)

C-1Selway River - Bear Creek to Moose Creek C-2Magpie Creek - source to mouth C-3Bitch Creek - source to mouth C-4Selway River - White Cap Creek to Bear Creek C-5Ditch Creek - source to mouth C-6Elk Creek - source to mouth C-7Goat Creek - source to mouth C-8Running Creek - Lynx Creek to mouth C-9Running Creek - source to Lynx Creek C-10South Fork Running Creek - source to mouth C-11Lynx Creek - source to mouth C-12Eagle Creek - source to mouth C-13Crooked Creek - source to mouth C-14Selway River - Deep Creek to White Cap Creek C-15Little Clearwater River- Flat Creek to mouth C-16Short Creek - source to mouth C-17Little Clearwater River - source to Flat Creek C-18Burnt Knob Creek - source to mouth C-19Salamander Creek - source to mouth C-20Flat Creek - source to mouth C-21Magruder Creek - source to mouth C-22 Selway River - confluence of Hidden and  Surprise Creeks to Deep Creek C-23Three Lakes Creek - source to mouth C-24Swet Creek - source to mouth C-25Stripe Creek - source to mouth C-26Hidden Creek - source to mouth C-27Surprise Creek - source to mouth C-28Wilkerson Creek - Storm Creek to mouth C-29Wilkerson Creek - source to Storm Creek C-30Storm Creek - source to mouth C-31Deep Creek - source to mouth C-32Vance Creek - source to mouth C-33Lazy Creek - source to mouth C-34Pete Creek - source to mouth C-35Cayuse Creek - source to mouth C-36Indian Creek - source to mouth C-37Schofield Creek - source to mouth C-38Snake Creek - source to mouth C-39White Cap Creek - Canyon Creek to mouth C-40Canyon Creek - source to mouth C-41Cooper Creek - source to mouth C-42White Cap Creek - source to Canyon Creek C-43Paloma Creek - source to mouth C-44Bad Luck Creek - source to mouth

04.Lower Selway Subbasin. The Lower Selway Subbasin, HUC 17060302, is comprised of fifty-five (55) water body units.

C-45Gardner Creek - source to mouth C-46North Star Creek - source to mouth C-47Bear Creek - Cub Creek to mouth C-48Cub Creek - Brushy Fork Creek to mouth C-49Brushy Fork Creek - source to mouth C-50Cub Creek - source to Brushy Fork Creek C-51Paradise Creek - source to mouth C-52Bear Creek - Wahoo Creek to Cub Creek C-53Bear Creek - source to Wahoo Creek C-54Granite Creek - source to mouth C-55Wahoo Creek - source to mouth C-56Pettibone Creek - source to mouth C-57Cow Creek - source to mouth C-58Dog Creek - source to mouth C-1Selway River - O'Hara Creek to mouth C-2Goddard Creek - source to mouth O'Hara Creek - confluence of West and East Fork O'Hara Creeks to mouth C-4West Fork O'Hara Creek - source to mouth C-5East Fork O'Hara Creek - source to mouth C-6Selway River - Meadow Creek to O'Hara Creek C-7Falls Creek - source to mouth C-8Meadow Creek - Buck Lake Creek to mouth C-9Horse Creek - source to mouth C-10Fivemile Creek - source to mouth C-11Little Boulder Creek - source to mouth C-12Meadow Creek - East Fork Meadow Creek to Buck Lake Creek C-13Butte Creek - source to mouth C-14Sable Creek - source to mouth C-15Simmons Creek - source to mouth C-16Meadow Creek - source to East Fork Meadow Creek C-17Butter Creek - source to mouth C-18Three Prong Creek - source to mouth C-19East Fork Meadow Creek - source to mouth C-20Schwar Creek - source to mouth C-21Buck Lake Creek - source to mouth C-22Selway River - Moose Creek to Meadow Creek C-23Otter Creek - source to mouth C-24Mink Creek - source to mouth C-25Marten Creek - source to mouth C-26Trout Creek - source to mouth C-27Moose Creek - East Fork Moose Creek to mouth C-28East Fork Moose Creek - Cedar Creek to Moose Creek C-29Freeman Creek - source to mouth C-30Monument Creek - source to mouth C-31Elbow Creek - source to mouth C-32Battle Creek - source to mouth C-33East Fork Moose Creek - source to Cedar Creek C-34Chute Creek - source to mouth C-35Dead Elk Creek - source to mouth C-36Cedar Creek - source to mouth C-37Maple Creek - source to mouth C-38Double Creek - source to mouth C-39Fitting Creek - source to mouth C-40North Fork Moose Creek - Rhoda Creek to mouth

05.Lochsa Subbasin. The Lochsa Subbasin, HUC 17060303, is comprised of sixty-five (65) water C-41North Fork Moose Creek - West Moose Creek to Rhoda Creek C-42North Fork Moose Creek - source to West Fork Moose Creek C-43West Fork Moose Creek - source to mouth C-44Rhoda Creek - Wounded Doe Creek to mouth C-45Wounded Doe Creek - source to mouth C-46Rhoda Creek - source to Wounded Doe Creek C-47Lizard Creek - Lizard Lakes to mouth C-48Meeker Creek - source to mouth C-49Three Links Creek - source to mouth C-50Gedney Creek - West Fork Gedney Creek to mouth C-51Gedney Creek - source to West Fork Gedney Creek C-52West Fork Gedney Creek - source to mouth C-53Glover Creek - source to mouth C-54Boyd Creek - source to mouth C-55Rackliff Creek - source to mouth C-1Lochsa River - Deadman Creek to mouth C-2Kerr Creek - source to mouth C-3Lochsa River - Old Man Creek to Deadman Creek C-4Coolwater Creek - source to mouth C-5Fire Creek - source to mouth C-6Split Creek - source to mouth C-7Old Man Creek - source to mouth C-8Lochsa River - Fish Creek to Old Man Creek C-9Lochsa River - Indian Grave Creek to Fish Creek C-10Boulder Creek - source to mouth C-11Stanley Creek - source to mouth C-12Eagle Mountain Creek - source to mouth C-13Lochsa River- Warm Springs Creek to Indian Grave Creek C-14Sponge Creek - Fish Lake Creek to mouth C-15Sponge Creek - source to Fish Lake Creek C-16Fish Lake Creek - source to mouth C-17Warm Springs Creek - Wind Lakes Creek to mouth C-18Warm Springs Creek - source to Wind Lakes Creek C-19Wind Lakes Creek - source to mouth C-20 Lochsa River - confluence of Crooked Fork, White Sand Creek, and Walton Creek to Warm Springs Creek C-21Jay Creek - source to mouth C-22Cliff Creek - source to mouth C-23Walton Creek - source to mouth C-24White Sand Creek - Storm Creek to mouth C-25White Sand Creek - source to Storm Creek C-26Colt Creek - source to mouth C-27Big Sand Creek - Hidden Creek to mouth C-28Swamp Creek - source to mouth C-29Big Sand Creek - source to Hidden Creek C-30Hidden Creek - source to mouth C-31Big Flat Creek - source to mouth C-32Storm Creek - source to mouth C-33Beaver Creek - source to mouth C-34Crooked Fork - Brushy Fork to mouth C-35Brushy Fork - Spruce Creek to mouth C-36Spruce Creek - source to mouth C-37Brushy Fork - source to Spruce Creek C-38Crooked Fork - source to Brushy Fork C-39Hopeful Creek - source to mouth C-40Boulder Creek - source to mouth

06.Middle Fork Clearwater Subbasin. The Middle Fork Clearwater Subbasin, HUC 17060304, is comprised of eleven (11) water body units.

C-41Papoose Creek - source to mouth C-42Parachute Creek - source to mouth C-43Wendover Creek - source to mouth C-44Badger Creek - source to mouth C-45Squaw Creek - source to mouth C-46West Fork Squaw Creek - source to mouth C-47Doe Creek - source to mouth C-48Postoffice Creek - source to mouth C-49Weir Creek - source to mouth C-50Indian Grave Creek - source to mouth C-51Bald Mountain Creek - source to mouth C-52Fish Creek - Hungery Creek to mouth C-53Willow Creek - source to mouth C-54Hungery Creek - Obia Creek to mouth C-55Obia Creek - source to mouth C-56Hungery Creek - source to Obia Creek C-57Fish Creek - source to Hungery Creek C-58Bimerick Creek - source to mouth C-59Deadman Creek - East Fork Deadman Creek to mouth C-60East Fork Deadman Creek - source to mouth C-61Deadman Creek - source to East Fork Deadman Creek C-62Canyon Creek - source to mouth C-63Pete King Creek - Walde Creek to mouth C-64Walde Creek - source to mouth C-65Pete King Creek - source to Walde Creek C-1 Middle Fork Clearwater River - confluence of Lochsa and Selway River to mouth C-2Clear Creek - South Fork Clear Creek to mouth

07.South Fork Clearwater Subbasin. The South Fork Clearwater Subbasin, HUC 17060305, is comprised of eighty-two (82) water body units.

C-3West Fork Clear Creek - source to mouth C-4South Fork Clear Creek - source to mouth C-5Kay Creek - source to mouth C-6Clear Creek - source to South Fork Clear Creek C-7Middle Fork Clear Creek - source to mouth C-8Browns Spring Creek - source to mouth C-9Pine Knob Creek - source to mouth C-10Lodge Creek - source to mouth C-11Maggie Creek - source to mouth C-1South Fork Clearwater River - Butcher Creek to mouth C-2 Cottonwood Creek - Cottonwood Creek waterfall  (9.0 miles upstream) to mouth Cottonwood Creek - source to Cottonwood Creek waterfall (9.0 miles upstream)

C-4 Red Rock Creek - Red Rock Creek waterfall  (3.6 miles upstream) to mouth C-5 Red Rock Creek - source to Red Rock Creek waterfall  (3.6 miles upstream)

C-6Stockney Creek - source to mouth C-7Shebang Creek - source to mouth C-8South Fork Cottonwood Creek - source to mouth C-9Long Haul Creek - source to mouth C-10Threemile Creek - source to mouth C-11a Butcher Creek - unnamed tributary (4.5 miles above mouth) in T30N, R03E, Sec. 1 to mouth C-11b Butcher Creek - source to unnamed tributary (4.5 miles above mouth) in T30N, R03E, Sec. 1 C-12South Fork Clearwater River - Johns Creek to Butcher Creek C-13Mill Creek - source to mouth C-14Johns Creek - Gospel Creek to mouth C-15Gospel Creek - source to mouth C-16West Fork Gospel Creek - source to mouth C-17Johns Creek - Moores Creek to Gospel Creek C-18Johns Creek - source to Moores Creek C-19Moores Creek - source to mouth C-20Square Mountain Creek - source to mouth C-21Hagen Creek - source to mouth C-22South Fork Clearwater River - Tenmile Creek to Johns Creek C-23Wing Creek - source to mouth C-24Twentymile Creek - source to mouth C-25Tenmile Creek - Sixmile Creek to mouth C-26Tenmile Creek - Williams Creek to Sixmile Creek C-27Tenmile Creek - source to Williams Creek C-28Williams Creek - source to mouth C-29Sixmile Creek - source to mouth C-30South Fork Clearwater River - Crooked River to Tenmile Creek C-31Crooked River - Relief Creek to mouth C-32 Crooked River - confluence of West and East Fork  Crooked Rivers to Relief Creek C-33West Fork Crooked River - source to mouth C-34East Fork Crooked River - source to mouth C-35Relief Creek - source to mouth C-36 South Fork Clearwater River - confluence of American  River and Red River to Crooked River C-37Red River- Siegel Creek to mouth C-38Red River - South Fork Red River to Siegel Creek C-39Moose Butte Creek - source to mouth C-40South Fork Red River - Trapper Creek to mouth C-41South Fork Red River - West Fork Red River to Trapper Creek C-42West Fork Red River - source to mouth C-43South Fork Red River - source to West Fork Red River C-44Trapper Creek - source to mouth C-45Red River - source to South Fork Red River C-46Soda Creek - source to mouth C-47Bridge Creek - source to mouth C-48Otterson Creek - source to mouth C-49Trail Creek - source to mouth C-50Siegel Creek - source to mouth C-51Red Horse Creek - source to mouth C-52American River - East Fork American River to mouth C-53Kirks Fork - source to mouth C-54East Fork American River - source to mouth C-55American River - source to East Fork American River C-56Elk Creek - confluence of Big Elk and Little Elk Creeks to mouthDWS C-57Little Elk Creek - source to mouth C-58Big Elk Creek - source to mouth C-59Buffalo Gulch - source to mouth C-60Whiskey Creek - source to mouth C-61Maurice Creek - source to mouth C-62Newsome Creek - Beaver Creek to mouth C-63Bear Creek - source to mouth C-64Nugget Creek - source to mouth C-65Beaver Creek - source to mouth C-66Newsome Creek - Mule Creek to Beaver Creek C-67Mule Creek - source to mouth C-68Newsome Creek - source to Mule Creek C-69Haysfork Creek - source to mouth C-70Baldy Creek - source to mouth C-71Pilot Creek - source to mouth C-72Sawmill Creek - source to mouth C-73Sing Lee Creek - source to mouth C-74West Fork Newsome Creek - source to mouth C-75Leggett Creek - source to mouth C-76Fall Creek - source to mouth C-77Silver Creek - source to mouth C-78Peasley Creek - source to mouth C-79Cougar Creek - source to mouth C-80Meadow Creek - source to mouth C-81Sally Ann Creek - source to mouthDWS C-82Rabbit Creek - source to mouth

08.Clearwater Subbasin. The Clearwater Subbasin, HUC 17060306, is comprised of sixty-seven (67)

C-1Lower Granite Dam poolCOLDPCRDWS C-2Clearwater River - Potlatch River to Lower Granite Dam pool C-3Lindsay Creek - source to mouthCOLDSCR C-4Lapwai Creek - Sweetwater Creek to mouthCOLDPCR C-5Sweetwater Creek - Webb Creek to mouth C-6Sweetwater Creek - source to Webb Creek C-7Webb Creek - source to mouth C-8Lapwai Creek - Winchester Lake to Sweetwater CreekCOLDPCR C-9Winchester LakeCOLDPCRDWS C-10Lapwai Creek - source to Winchester Lake C-11Mission Creek - source to mouth C-12Tom Beall Creek - source to mouth C-13Clearwater River - North Fork Clearwater River to mouth C-14Cottonwood Creek - source to mouth C-15Jacks Creek - source to mouth C-16Big Canyon Creek - source to mouth C-17Cold Springs Creek - source to mouth C-18 Little Canyon Creek - confluence of Holes and  Long Hollow Creeks to mouth C-19Holes Creek - source to mouth C-20Long Hollow Creek - source to mouth C-21Clearwater River - Lolo Creek to North Fork Clearwater River C-22 Clearwater River - confluence of South and  Middle Fork Clearwater Rivers to Lolo Creek C-23Sixmile Creek - source to mouth C-24Lawyer Creek - source to mouth C-25Sevenmile Creek - source to mouth C-26Lolo Creek - Yakus Creek to mouth C-27Yakus Creek - source to mouth C-28Lolo Creek - source to Yakus Creek C-29Eldorado Creek - source to mouth C-30Yoosa Creek - source to mouth C-31Jim Brown Creek - source to mouth C-32Musselshell Creek - source to mouth C-33Big Creek - source to mouth C-34 Jim Ford Creek - Jim Ford Creek waterfall  (12.5 miles upstream) to mouth C-35 Jim Ford Creek - source to Jim Ford Creek waterfall  (12.5 miles upstream)

C-36Grasshopper Creek - source to mouthCOLDPCRDWS C-37 Winter Creek - Winter Creek waterfall  (3.4 miles upstream) to mouth C-38 Winter Creek - source to Winter Creek waterfall  (3.4 miles upstream)

C-39Orofino Creek - source to mouth C-40Whiskey Creek - source to mouth C-41Bedrock Creek - source to mouth C-42Louse Creek - source to mouth C-43Pine Creek - source to mouth C-44Potlatch River - Big Bear Creek to mouth C-45Potlatch River - Corral Creek to Big Bear Creek C-46Cedar Creek - source to mouth C-47Boulder Creek - source to mouth C-48Potlatch River - Moose Creek to Corral Creek C-49Potlatch River - source to Moose Creek C-50Little Boulder Creek - source to mouth C-51East Fork Potlatch River - source to mouth

09.Upper North Fork Clearwater Subbasin. The Upper North Fork Clearwater Subbasin, HUC 17060307, is comprised of forty-nine (49) water body units.

C-52Ruby Creek - source to mouth C-53Moose Creek - source to mouth C-54Corral Creek - source to mouth C-55Pine Creek - source to mouth C-56 Big Bear Creek - confluence of West and  East Fork Big Bear Creeks to mouth C-57East Fork Big Bear Creek - source to mouth C-58West Fork Big Bear Creek - source to mouth C-59Dry Creek - source to mouth C-60Little Bear Creek - source to mouth C-61West Fork Little Bear Creek - source to mouthDWS C-62Middle Potlatch Creek - source to mouthCOLDSCR C-63Bethel Canyon - source to mouth C-64Little Potlatch Creek - source to mouthCOLDSCR C-65Howard Gulch - source to mouth C-66Catholic Creek - source to mouth C-67Hatwai Creek - source to mouth C-1 North Fork Clearwater River - Skull Creek to Aquarius Campground (T40N, R07E, Sec. 05)

C-2North Fork Clearwater River- Washington Creek to Skull Creek C-3Washington Creek - source to mouth C-4 North Fork Clearwater River - Orogrande Creek  to Washington Creek C-5Orogrande Creek - French Creek to mouth C-6Orogrande Creek - source to French Creek C-7French Creek - source to mouthCOLDSCR C-8North Fork Clearwater River - Weitas Creek to Orogrande Creek C-9Weitas Creek - Hemlock Creek to mouth C-10Hemlock Creek - source to mouth C-11Weitas Creek - Windy Creek to Hemlock Creek C-12Middle Creek - source to mouth C-13Little Weitas Creek - source to mouthCOLDSCR C-14Weitas Creek - source to Windy Creek C-15Windy Creek - source to mouthCOLDSCR C-16North Fork Clearwater River - Kelly Creek to Weitas Creek C-17Fourth of July Creek - source to mouth C-18Kelly Creek - Cayuse Creek to mouth C-19Cayuse Creek - Gravey Creek to mouth C-20Monroe Creek - source to mouth C-21Gravey Creek - source to mouth C-22Cayuse Creek - source to Gravey Creek C-23Toboggan Creek - source to mouthCOLDSCR C-24 Kelly Creek - confluence of North and Middle Fork  Kelly Creek to Cayuse Creek C-25South Fork Kelly Creek - source to mouth C-26Middle Fork Kelly Creek - source to mouth C-27North Fork Kelly Creek - source to mouth C-28Moose Creek - Osier Creek to mouth C-29Little Moose Creek - source to mouth C-30Osier Creek - source to mouth C-31Moose Creek - source to Osier Creek C-32North Fork Clearwater River - Lake Creek to Kelly Creek C-33Lake Creek - source to mouth

10.Lower North Fork Clearwater Subbasin. The Lower North Fork Clearwater Subbasin, HUC 17060308, is comprised of thirty-four (34) water body units.

C-34North Fork Clearwater River - Vanderbilt Gulch to Lake Creek C-35Long Creek - source to mouth C-36North Fork Clearwater River - source to Vanderbilt Gulch C-37Vanderbilt Gulch - source to mouth C-38Meadow Creek - source to mouth C-39Elizabeth Creek - source to mouth C-40Cold Springs Creek - source to mouth C-41Sprague Creek - source to mouth C-42Larson Creek - source to mouthCOLDSCR C-43Rock Creek - source to mouth C-44Quartz Creek - source to mouth C-45Cougar Creek - source to mouth C-46Skull Creek - Collins Creek to mouthCOLDSCR C-47Skull Creek - source to Collins Creek C-48Collins Creek - source to mouth C-1North Fork Clearwater River - Dworshak Reservoir Dam to mouth C-2Dworshak Reservoir C-3Reeds Creek - Alder Creek to Dworshak Reservoir C-4Reeds Creek - source to Alder Creek C-5Alder Creek - source to mouth C-6Silver Creek - source to Dworshak Reservoir C-7Benton Creek - source to Dworshak Reservoir C-8 North Fork Clearwater River - Aquaruis Campground (T40N, R07E, Sec. 05) to Dworshak Reservoir C-9Beaver Creek - source to mouth C-10Isabella Creek - source to mouth C-11 Little North Fork Clearwater River - Foehl Creek  to Dworshak Reservoir C-12 Little North Fork Clearwater River - Spotted Louis Creek  to Foehl Creek C-13Sawtooth Creek - source to mouth C-14Canyon Creek - source to mouth C-15Spotted Louis Creek - source to mouth C-16 Little North Fork Clearwater River - Rutledge Creek  to Spotted Louis Creek C-17Rutledge Creek - source to mouth C-18Little North Fork Clearwater River - source to Rutledge Creek C-19Foehl Creek - source to mouth C-20Stoney Creek - Glover Creek to Dworshak Reservoir C-21Floodwood Creek - source to mouth C-22Glover Creek - source to mouth C-23Stoney Creek - source to Glover Creek C-24Isabella Creek - source to mouth C-25Breakfast Creek - source to mouth C-26Gold Creek - source to Dworshak Reservoir C-27Weitas Creek - source to Dworshak Reservoir C-28Swamp Creek - source to Dworshak Reservoir C-29Cranberry Creek - source to Dworshak Reservoir C-30Elk Creek - source to Dworshak Reservoir C-31 Bull Run Creek - confluence of Squaw and  Shattuck Creeks to mouth C-32Shattuck Creek - source to mouth C-33Squaw Creek - source to mouth C-34Long Meadow Creek - source to Dworshak Reservoir

IDAPA 58.01.02.121 (Reserved)

IDAPA 58.01.02.130 Salmon Basin

Surface waters found within the Salmon basin total twelve (12) subbasins and are designated as follows:(3-31-22)

01.Hells Canyon Subbasin. The Hells Canyon Subbasin, HUC 17060101, is comprised of twentyeight (28) water body units.

C-35Dicks Creek - source to Dworshak Reservoir S-1Snake River - Wolf Creek to Salmon River S-2Snake River - Sheep Creek to Wolf Creek S-3Snake River - Hells Canyon Dam to Sheep Creek S-4Deep Creek - source to mouth S-5Brush Creek - source to mouth S-6Granite Creek - source to mouth S-7Little Granite Creek - source to mouth S-8Bernard Creek - source to mouth S-9 Sheep Creek - confluence of West and  East Fork Sheep Creeks to mouth S-10West Fork Sheep Creek - source to mouth S-11East Fork Sheep Creek - source to mouth S-12Clarks Fork - source to mouth S-13Caribou Creek - source to mouth S-14Kirkwood Creek - source to mouth S-15Kirby Creek - source to mouth S-16Corral Creek - source to mouth S-17Klopton Creek - source to mouth S-18Kurry Creek - source to mouth S-19West Creek - source to mouth S-20Big Canyon Creek - source to mouth S-21Jones Creek - source to mouth

02.Lower Snake-Asotin Subbasin. The Lower Snake-Asotin Subbasin, HUC 17060103, is comprised of sixteen (16) water body units.

03.Upper Salmon Subbasin. The Upper Salmon Subbasin, HUC 17060201, is comprised of one S-22Highrange Creek - source to mouth S-23Getta Creek - source to mouth S-24Wolf Creek - Basin Creek to mouth S-25Wolf Creek - source to Basin Creek S-26Basin Creek - source to mouth S-27Dry Creek - source to mouth S-28Divide Creek - source to mouth Snake River - Asotin River (Idaho/Oregon border)  to Lower Granite Dam pool S-2 Snake River - Captain John Creek to Asotin River  (Idaho/Oregon border)

S-3Snake River - Cottonwood Creek to Captain John CreekCOLDPCRDWS S-4Snake River - Salmon River to Cottonwood CreekCOLDPCRDWS S-5Cottonwood Creek - source to mouth S-6Cave Gulch - source to mouthCOLDSCR S-7Corral Creek - source to mouth S-8Middle Creek - source to mouthCOLDSCR S-9Dough Creek - source to mouthCOLDSCR S-10Billy Creek - source to mouth S-11Captain John Creek - source to mouth S-12Redbird Creek - source to mouthCOLDSCR S-13Tenmile Canyon - source to mouthCOLDSCR S-14 Tammany Creek - Unnamed Tributary  (T34N, R05W, Sec. 24) to mouth S-15Unnamed Tributary - source to mouth (T34N, R05W, Sec. 24)COLDSCR S-16 Tammany Creek - source to Unnamed Tributary  (T34N, R05W, Sec. 24) hundred thirty-five (135) water body units.

S-1Salmon River - Pennal Gulch to Pashsimeroi River S-2Morgan Creek - West Creek to mouth S-3Morgan Creek - source to West Creek S-4West Creek - Blowfly Creek to mouth S-5Blowfly Creek - source to mouth S-6West Creek - source to Blowfly Creek S-7Challis Creek - Darling Creek to mouth S-8Darling Creek - source to mouth S-9Challis Creek - Bear Creek to Darling Creek S-10Eddy Creek - source to mouth S-11Bear Creek - source to mouth S-12Challis Creek - source to Bear Creek S-13Mill Creek - source to mouth S-14Salmon River - Garden Creek to Pennal Gulch S-15Garden Creek - source to mouth S-16Salmon River - East Fork Salmon River to Garden Creek S-17Bayhorse Creek - source to mouth S-18Lyon Creek - source to mouth S-19Salmon River - Squaw Creek to East Fork Salmon River S-20Kinnikinic Creek - source to mouth S-21Squaw Creek - Cash Creek to mouth S-22Cash Creek - source to mouth S-23 Squaw Creek - confluence of Aspen and Cinnabar Creeks  to Cash Creek S-24Aspen Creek - source to mouth S-25Cinnabar Creek - source to mouth S-26Bruno Creek - source to mouth S-27Salmon River - Thompson Creek to Squaw Creek S-28Thompson Creek - source to mouth S-29Pat Hughes Creek -source to mouth S-30Buckskin Creek - source to mouth S-31Salmon River - Yankee Fork Creek to Thompson Creek S-32Yankee Fork Creek - Jordan Creek to mouth S-33Ramey Creek - source to mouth S-34Yankee Fork Creek - source to Jordan Creek S-35Fivemile Creek - source to mouth S-36Elevenmile Creek - source to mouth S-37McKay Creek - source to mouth S-38Twentymile Creek - source to mouth S-39Tenmile Creek - source to mouth S-40Eightmile Creek - source to mouth S-41 Jordan Creek - from and including Unnamed Tributary (T13N, R15E, Sec. 29) to mouth S-42Jordan Creek - source to Unnamed Tributary (T13N, R15E, Sec. 29)

S-43West Fork Yankee Fork Creek - Lightning Creek to mouth S-44Lightning Creek - source to mouth S-45West Fork Yankee Fork Creek - source to Lightning Creek S-46Cabin Creek - source to mouth S-47Salmon River - Valley Creek to Yankee Fork Creek S-48Basin Creek - East Basin Creek to mouth S-49East Basin Creek - source to mouth S-50Basin Creek - source to East Basin Creek S-51Valley Creek - Trap Creek to mouth S-52Stanley Creek - source to mouth S-53Valley Creek - source to Trap Creek S-54Trap Creek - Meadow Creek to mouth S-55Trap Creek - source to Meadow Creek S-56Meadow Creek - source to mouth S-57Elk Creek - source to mouth S-58Stanley Creek - source to mouth S-59Crooked Creek - source to mouth S-60Iron Creek - source to mouth S-61Goat Creek - source to mouth S-62Meadow Creek - source to mouth S-63Salmon River - Redfish Lake Creek to Valley Creek S-64Redfish Lake Creek - Redfish Lake to mouth S-65Fishhook Creek - source to mouth S-66Redfish Lake S-67Redfish Lake Creek - source to Redfish Lake S-6 Salmon River - Unnamed Tributary (T19N, R13E, Sec. 25)  to Redfish Lake Creek S-69Decker Creek - Huckleberry Creek to mouth S-70Decker Creek - source to Huckleberry Creek S-71Huckleberry Creek - source to mouth S-72Salmon River - Fisher Creek to Decker Creek S-73Salmon River - Alturas Lake Creek to Fisher Creek S-74Hell Roaring Creek - source to mouth S-75Alturas Lake Creek - Alturas Lake to mouth S-76Toxaway/Farley Lake - source to mouth S-77Pettit Lake S-78Alturas Lake S-79Alturas Lake Creek - source to Alturas Lake S-80Alpine Creek - source to mouth S-81Salmon River - source to Alturas Lake Creek S-82Beaver Creek - source to mouth S-83Smiley Creek - source to mouth S-84Frenchman Creek - source to mouth S-85Pole Creek - source to mouth S-86Champion Creek - source to mouth S-87Fourth of July Creek - source to mouth S-88Fisher Creek - source to mouth S-89Williams Creek - source to mouth S-90Gold Creek - source to mouth S-91Little Casino Creek - source to mouth S-92Big Casino Creek - source to mouth S-93Rough Creek - source to mouth S-94Warm Springs Creek - Swimm Creek to mouth S-95Warm Springs Creek - Pigtail Creek to Swimm Creek S-96Pigtail Creek - source to mouth S-97Warm Springs Creek - source to Pigtail Creek S-98Swimm Creek - source to mouth S-99Slate Creek - source to mouth S-100 Holman Creek - source to mouth S-101 Sullivan Creek - source to mouth S-102 East Fork Salmon River - Herd Creek to mouth S-103 East Fork Salmon River - Germania Creek to Herd Creek S-104 Big Lake Creek - source to mouth S-105 Big Boulder Creek - source to mouth S-106 Little Boulder Creek - source to mouth S-107 Germania Creek - Chamberlain Creek to mouth S-108 Chamberlain Creek - source to mouth S-109 Germania Creek - source to Chamberlain Creek S-110 East Fork Salmon River - confluence of South  and West Fork Salmon Rivers to Germania S-111 West Fork East Fork Salmon River - source to mouth S-112 South Fork East Fork Salmon River - source to mouth S-113 Ibex Creek - source to mouth S-114 West Pass Creek - source to mouth S-115 Bowery Creek - source to mouth S-116 Pine Creek - source to mouth S-117 McDonald Creek - source to mouth

04.Pahsimeroi Subbasin. The Pahsimeroi Subbasin, HUC 17060202, is comprised of thirty-nine (39)

S-118

Herd Creek - confluence of West Fork Herd Creek  and East Pass Creek to mouth S-119 East Pass Creek - source to mouth S-120 Taylor Creek - source to mouth S-121 West Fork Herd Creek - source to mouth S-122 East Fork Herd Creek - source to mouth S-123 Lake Creek - source to mouth S-124 Road Creek - Corral Basin Creek to mouth S-125 Road Creek - source to Corral Basin Creek S-126 Mosquito Creek - source to mouth S-127 Corral Basin Creek - source to mouth S-128 Horse Basin Creek - source to mouth S-129 Spar Canyon Creek - source to mouth S-130 Bradshaw Gulch - source to mouth S-131 Warm Spring Creek - Hole-in-Rock Creek to mouth S-132 Warm Spring Creek - source to Hole-in-Rock Creek S-133 Broken Wagon Creek - source to mouth S-134 Hole-in-Rock Creek - source to mouth S-135 Pennal Gulch - source to mouth S-1Pahsimeroi River - Patterson Creek to mouth S-2Pahsimeroi River - Meadow Creek to Patterson Creek S-3 Lawson Creek - confluence of North and South Fork  Lawson Creeks to mouth S-4North Fork Lawson Creek - source to mouth S-5South Fork Lawson Creek - source to mouth S-6Meadow Creek - source to mouth S-7Pahsimeroi River - Furley Road (T15S, R22E) to Meadow Creek S-8Pahsimeroi River - Big Creek to Furley Road (T15S, R22E)

S-9Grouse Creek - source to mouth S-10Pahsimeroi River - Goldburg Creek to Big Creek S-11 Pahsimeroi River - Unnamed Tributary (T12N, R23E, Sec. 22)  to Goldburg Creek S-12Unnamed Tributary - source to mouth (T12N, R23E, Sec. 22)

S-13Doublespring Creek - Christian Gulch to mouth S-14Christian Gulch - source to mouth S-15Doublespring Creek - source to Christian Gulch S-16Mud Spring Canyon Complex S-17 Pahsimeroi River - Burnt Creek to Unnamed Tributary  (T12N, R23E, Sec. 22)

S-18Pahsimeroi River - Mahogany Creek to Burnt Creek S-19Mahogany Creek - source to mouth S-20 Pahsimeroi River - confluence of Rock Creek and East Fork  Pahsimeroi River to Mahogany Creek S-21Rock Creek - source to mouth S-22East Fork Pahsimeroi River - source to mouth S-23Burnt Creek - Long Creek to mouth S-24Burnt Creek - source to Long Creek S-25Long Creek - Short Creek to mouth S-26Short Creek - source to mouth S-27Long Creek - source to Short Creek S-28Goldburg Creek - Donkey Creek to mouth S-29Donkey Creek -source to mouth S-30Goldburg Creek - source to Donkey Creek S-31 Big Creek - confluence of North and South Fork  Big Creeks to mouth S-32South Fork Big Creek - source to mouth S-33North Fork Big Creek - source to mouth S-34Patterson Creek - Inyo Creek to mouth S-35Patterson Creek - source to and including Inyo Creek S-36Falls Creek - source to mouth

05.Middle Salmon-Panther Subbasin. The Middle Salmon-Panther Subbasin, HUC 17060203, is comprised of ninety-two (92) water body units.

S-37Morse Creek - Irrigation junction to mouth S-38Morse Creek - source to Irrigation junction (T15S, R23E)

S-39Morgan Creek - source to mouth S-1Salmon River - Panther Creek to Middle Fork Salmon River S-2Panther Creek - Big Deer Creek to mouth S-3Garden Creek - source to mouth S-4Clear Creek - source to mouth S-5Big Deer Creek - South Fork Big Deer Creek to mouth S-6Big Deer Creek - source to South Fork Big Deer Creek S-7South Fork Big Deer Creek - Bucktail Creek to mouth S-8South Fork Big Deer Creek -source to Bucktail Creek S-9Bucktail Creek - source to mouthNONENONE S-10Panther Creek - Napias Creek to Big Deer Creek S-11Panther Creek - Blackbird Creek to Napias Creek S-12aBlackbird Creek - source to Blackbird Reservoir Dam S-12bBlackbird Creek - Blackbird Reservoir Dam to mouthNONESCR S-13aWest Fork Blackbird Creek - source to concrete channel S-13bWest Fork Blackbird Creek - concrete channel to mouth onlyNONESCR S-14Panther Creek - Porphyry Creek to Blackbird Creek S-15Musgrove Creek - source to mouth S-16Porphyry Creek - source to mouth S-17Panther Creek - source to Porphyry Creek S-18Moyer Creek - source to mouth S-19Woodtick Creek - source to mouth S-20Deep Creek - Little Deep Creek to mouth S-21Little Deep Creek - source to mouth S-22Deep Creek - source to Little Deep Creek S-23Napias Creek - Moccasin Creek to mouth S-24Napias Creek - Arnett Creek to and including Moccasin Creek S-25Napias Creek - source to Arnett Creek S-26Arnett Creek - source to mouth S-27Trail Creek - source to mouth S-28Beaver Creek - source to mouth S-29Salmon River - Indian Creek to Panther Creek S-30Pine Creek - source to mouth S-31East Boulder Creek - source to mouth S-32Salmon River - North Fork Sheep Creek to Indian Creek S-33Moose Creek - Little Moose Creek to mouth S-34Little Moose Creek - source to mouth S-35Moose Creek - Dolly Creek to Little Moose Creek S-36Moose Creek - source to Dolly Creek S-37Dolly Creek - source to mouth S-38Dump Creek - Moose Creek to mouth S-39Salmon River - Carmen Creek to North Fork Salmon River S-40Wallace Creek - source to mouth S-41Salmon River - Pollard Creek to Carmen Creek S-42Salmon River - Williams Creek to Pollard Creek S-43 Williams Creek - confluence of North and  South Fork Williams Creek to mouth S-44North Fork Williams Creek - source to mouth S-45South Fork Williams Creek - source to mouth S-46Salmon River - Twelvemile Creek to Williams Creek S-47Salmon River - Iron Creek to Twelvemile Creek S-48Iron Creek - North Fork Iron Creek to mouth S-49North Fork Iron Creek - source to mouth S-50Iron Creek - source to North Fork Iron Creek S-51West Fork Iron Creek - source to mouth S-52South Fork Iron Creek - source to mouth S-53Salmon River - Pahsimeroi River to Iron Creek S-54Hot Creek - source to mouth S-55Cow Creek - source to mouth S-56Allison Creek - source to mouth S-57McKim Creek - source to mouth S-58Poison Creek - source to mouth S-59Warm Springs Creek - source to mouth S-60Twelvemile Creek - source to mouth S-61Carmen Creek - Freeman Creek to mouth S-62Freeman Creek - source to mouth S-63Carmen Creek - source to Freeman Creek S-64Tower Creek - source to mouth S-65Fourth of July Creek - Little Fourth of July Creek to mouth S-66Fourth of July Creek - source to Little Fourth of July Creek S-67Little Fourth of July Creek - source to mouth S-68North Fork Salmon River - Hughes Creek to mouth S-69Big Silverlead Creek - source to mouth S-70North Fork Salmon River - Sheep Creek to Hughes Creek S-71Sheep Creek - source to mouth S-72North Fork Salmon River - Dahlonega Creek to Sheep Creek S-73Dahlonega Creek - Nez Perce Creek to mouth S-74Dahlonega Creek - source to Nez Perce Creek S-75Nez Perce Creek - source to mouth S-76Anderson Creek - source to mouth

06.Lemhi Subbasin. The Lemhi Subbasin, HUC 17060204, is comprised of eighty-two (82) water S-77North Fork Salmon River - Twin Creek to Dahlonega Creek S-78North Fork Salmon River - source to Twin Creek S-79Pierce Creek - source to mouth S-80Twin Creek - source to mouth S-81Hughes Creek - source to mouth S-82Hull Creek - source to mouth S-83Indian Creek - source to mouth S-84Squaw Creek - source to mouth S-85Spring Creek - source to mouth S-86Boulder Creek - source to mouth S-87Owl Creek - East Fork Owl Creek to mouth S-88East Fork Owl Creek - source to mouth S-89Owl Creek - source to East Fork Owl Creek S-90Colson Creek - source to mouth S-1Lemhi River - Kenney Creek to mouth S-2Mulkey Creek - source to mouth S-3aWithington Creek - diversion (T20N, R23E, Sec. 09) to mouth S-3bWithington Creek - source to diversion (T20N, R23E, Sec. 09)

S-4Haynes Creek - source to mouth S-5Lemhi River - Hayden Creek to Kenney Creek S-6Baldy Creek - source to mouth S-7aMcDevitt Creek - diversion (T19N, R23E, Sec. 36) to mouth S-7bMcDevitt Creek - source to diversion (T19N, R23E, Sec. 36)

S-8Muddy Creek - source to mouth S-9Hayden Creek - Basin Creek to mouth S-10Basin Creek - Lake Creek to mouth S-11 Basin Creek - confluence of McNutt Creek and  Trail Creek to Lake Creek S-12Trail Creek - source mouth S-13McNutt Creek - source to mouth S-14Lake Creek - source to mouth S-15Hayden Creek - Bear Valley Creek to Basin Creek S-16Bear Valley Creek -Wright Creek to mouth S-17Bear Valley Creek - source to Wright Creek S-18Wright Creek - source to mouth S-19Kadletz Creek - source to mouth S-20Hayden Creek -West Fork Hayden Creek to Bear Valley Creek S-21Hayden Creek - source to West Fork Hayden Creek S-22West Fork Hayden Creek - source to mouth S-23East Fork Hayden Creek - source to mouth S-24Lemhi River - Peterson Creek to Hayden Creek S-25 Lemhi River - confluence of Big and Little Eightmile  Creeks to Peterson Creek S-26aMill Creek - diversion (T16N, R24E, Sec. 22) to mouth S-26bMill Creek - source to diversion (T16N, R24E, Sec. 22)

S-27Walter Creek - source to mouth S-28Lee Creek - source to mouth S-29aBig Eightmile Creek - diversion (T16N, R25E, Sec. 21) to mouth S-29bBig Eightmile Creek - source to diversion (T16N, R25E, Sec. 21)

S-30

Lemhi River - confluence of Eighteenmile Creek and Texas Creek to the confluence of Big and Little Eightmile Creeks S-31Big Timber Creek - Little Timber Creek to mouth S-32aLittle Timber Creek - diversion (T15N, R25E, Sec. 24) to mouth S-32bLittle Timber Creek - source to diversion (T15N, R25E, Sec. 24)

S-33Big Timber Creek - Rocky Creek to Little Timber Creek S-34Rocky Creek - source to mouth S-35Big Timber Creek - source to Rocky Creek S-36Texas Creek - Deer Creek to mouth S-37Deer Creek - source to mouth S-38Texas Creek - Meadow Creek to Deer Creek S-39Meadow Lake Creek - source to mouth S-40Texas Creek - source to Meadow Lake Creek S-41Eighteenmile Creek - Hawley Creek to mouth S-42Eighteenmile Creek - Clear Creek to Hawley Creek S-43Eighteenmile Creek - Divide Creek to Hawley CreekCOLDSCR S-44Divide Creek - source to mouth S-45Eighteenmile Creek - source to Divide Creek S-46Clear Creek - source to mouth S-47Tenmile Creek - Powderhorn Gulch to mouth S-48Tenmile Creek - source to Powderhorn Gulch S-49Powderhorn Gulch - source to mouth S-50aHawley Creek - diversion (T15N, R27E, Sec. 03) to mouth S-50bHawley Creek - source to diversion (T15N, R27E, Sec. 03)

S-51aCanyon Creek - diversion (T16N, R26E, Sec.22) to mouth S-51bCanyon Creek - source to diversion (T16N, R26E, Sec.22)

S-52aLittle Eightmile Creek - diversion (T16N, R25E, Sec. 02) to mouth S-52bLittle Eightmile Creek - source to diversion (T16N, R25E, Sec. 02)

S-53Peterson Creek - source to mouth S-54Reese Creek - source to mouth S-55aYearian Creek - diversion (T17N, R24E, Sec. 03) to mouth

07.Upper Middle Fork Salmon Subbasin. The Upper Middle Fork Salmon Subbasin, HUC 17060205, is comprised of seventy (70) water body units.

S-55bYearian Creek - source to diversion (T17N, R24E, Sec. 03)

S-56aAgency Creek - diversion (T19N, R24E, Sec. 28) to mouth S-56bAgency Creek - Cow Creek to diversion (T19N, R24E, Sec. 28)

S-57Cow Creek - source to mouth S-58Agency Creek - source to Cow Creek S-59aPattee Creek - diversion (T19N, R24E, Sec. 16) to mouth S-59bPattee Creek - source to diversion (T19N, R24E, Sec. 16)

S-60aPratt Creek - diversion (T20N, R23E, Sec. 11) to mouth S-60bPratt Creek - source to diversion (T20N, R23E, Sec. 11)

S-61Kenney Creek - source to mouth S-62aSandy Creek - diversion (T20N, R24E, Sec. 17) to mouth S-62bSandy Creek - source to diversion (T20N, R24E, Sec. 17)

S-63Wimpey Creek - source to mouth S-64aBohannon Creek - diversion (T21N, R23E, Sec. 22) to mouth S-64bBohannon Creek - source to diversion (T21N, R23E, Sec. 22)

S-65aGeertson Creek - diversion (T21N, R23E, Sec. 20) to mouth S-65bGeertson Creek - source to diversion (T21N, R23E, Sec. 20)

S-66aKirtley Creek - diversion (T21N, R22E, Sec. 02) to mouth S-66bKirtley Creek - source to diversion (T21N, R22E, Sec. 02)

Middle Fork Salmon River - confluence of Bear Valley Creek and Marsh Creek to Loon Creek S-2Marble Creek - source to mouth S-3Trail Creek - source to mouth S-4Big Cottonwood Creek - source to mouth S-5Dynamite Creek - source to mouth S-6Indian Creek - source to mouth S-7Pistol Creek - source to mouth S-8Elkhorn Creek - source to mouth S-9Sulphur Creek - source to mouth S-10Boundary Creek - source to mouth S-11Dagger Creek - source to mouth S-12Bear Valley Creek - source to mouth S-13Elk Creek - source to mouth S-14Sheep Trail Creek - source to mouth S-15Cub Creek - source to mouth S-16Cache Creek - source to mouth S-17Fir Creek - source to mouth S-18Marsh Creek - Beaver Creek to mouth S-19Marsh Creek - Knapp Creek to Beaver Creek S-20Cape Horn Creek - Banner Creek to mouth S-21Cape Horn Creek - source to Banner Creek S-22Banner Creek - source to mouth S-23Swamp Creek - source to mouth S-24Marsh Creek - source to Knapp Creek S-25Knapp Creek - source to mouth S-26Asher Creek - source to mouth S-27Unnamed Tributary - source to mouth (T12N, R11E, Sec. 11)

S-28Beaver Creek - Bear Creek to mouth S-29Beaver Creek - Winnemucca Creek to Bear Creek S-30Winnemucca Creek - source to mouth S-31Beaver Creek - source to Winnemucca Creek S-32Bear Creek - source to mouth S-33Soldier Creek - source to mouth S-34Greyhound Creek - source to mouth S-35Rapid River - Bell Creek to mouth S-36Bell Creek - source to mouth S-37Rapid River - Lucinda Creek to Bell Creek S-38Rapid River - Float Creek to Lucinda Creek S-39Float Creek - source to mouth S-40Rapid River - Vanity Creek to Float Creek S-41Vanity Creek - source to mouth S-42Rapid River - source to Vanity Creek S-43Lucinda Creek - source to mouth S-44 Sheep Creek - confluence of North and  South Fork Sheep Creek to mouth S-45South Fork Sheep Creek - source to mouth S-46North Fork Sheep Creek - source to mouth S-47Little Loon Creek - source to mouth S-48Loon Creek - Cabin Creek to mouth S-49Loon Creek - Warm Springs Creek to Cabin Creek S-50Loon Creek - Cottonwood Creek to Warm Springs Creek S-51Loon Creek - Shell Creek to Cottonwood Creek S-52Shell Creek - source to mouth S-53Loon Creek - Grouse Creek to Shell Creek S-54Grouse Creek - source to mouth S-55Loon Creek - Canyon Creek to Grouse Creek S-56Canyon Creek - source to mouth S-57Loon Creek - Pioneer Creek to Canyon Creek S-58Trail Creek - source to mouth S-59Loon Creek - source to Pioneer Creek S-60Pioneer Creek - source to mouth S-61No Name Creek - source to mouth S-62 Mayfield Creek - confluence of East and  West Fork Mayfield Creek to mouth S-63West Fork Mayfield Creek - source to mouth S-64East Fork Mayfield Creek - source to mouth

08.Lower Middle Fork Salmon Subbasin. The Lower Middle Fork Salmon Subbasin, HUC 17060206, is comprised of fifty (50) water body units.

S-65Cottonwood Creek - source to mouth S-66South Fork Cottonwood Creek - source to mouth S-67Warm Springs Creek - Trapper Creek to mouth S-68Trapper Creek - source to mouth S-69Warm Springs Creek - source to Trapper Creek S-70Cabin Creek - source to mouth S-1Middle Fork Salmon River - Loon Creek to mouth S-2Papoose Creek - source to mouth S-3Big Creek - source to mouth S-4Cabin Creek - source to mouth S-5Cave Creek - source to mouth S-6Crooked Creek - source to mouth S-7Big Ramey Creek - source to mouth S-8Beaver Creek - source to mouth S-9Smith Creek - source to mouth S-10Logan Creek - source to mouth S-11Little Marble Creek - source to mouth S-12Monumental Creek - source to mouth S-13Snowslide Creek - source to mouth S-14West Fork Monumental Creek - source to mouth S-15Rush Creek - source to mouth S-16Two Point Creek - source to mouth S-17Soldier Creek - source to mouth S-18Brush Creek - source to mouth S-19Sheep Creek - source to mouth S-20Camas Creek - Yellowjacket Creek to mouth

09.Middle Salmon-Chamberlain Subbasin. The Middle Salmon-Chamberlain Subbasin, HUC 17060207, is comprised of seventy-seven (77) water body units.

S-21Camas Creek - Forge Creek to Yellowjacket Creek S-22Camas Creek - Duck Creek to Forge Creek S-23Camas Creek - Silver Creek to Duck Creek S-24West Fork Camas Creek - source to mouth S-25Camas Creek - Castle Creek to Silver Creek S-26Camas Creek - Furnance Creek to Castle Creek S-27Camas Creek - White Goat Creek to Furnance Creek S-28Camas Creek - South Fork Camas Creek to White Goat Creek S-29South Fork Camas Creek - source to mouth S-30Camas Creek - source to South Fork Camas Creek S-31White Goat Creek - source to mouth S-32Furnace Creek - source to mouth S-33Castle Creek - source to mouth S-34Silver Creek - source to mouth S-35Duck Creek - source to mouth S-36Forge Creek - source to mouth S-37Yellowjacket Creek - Jenny Creek to mouth S-38Yellowjacket Creek - Hoodoo Creek to Jenny Creek S-39Yellowjacket Creek - Little Jacket Creek to Hoodoo Creek S-40Little Jacket Creek - source to mouth S-41Yellowjacket Creek - Trail Creek to Little Jacket Creek S-42Trail Creek - source to mouth S-43Yellowjacket Creek - source to Trail Creek S-44Hoodoo Creek - source to mouth S-45Jenny Creek - source to mouth S-46Wilson Creek - source to mouth S-47Waterfall Creek - source to mouth S-48Ship Island Creek - source to mouth S-49Roaring Creek - source to mouth S-50Goat Creek - source to mouth Salmon River - South Fork Salmon River to river mile 106  (T24N, R04E, Sec. 18)

S-2Fall Creek - source to mouth S-3Carey Creek - source to mouth S-4California Creek - source to mouth S-5Cottontail Creek - source to mouth S-6Rabbit Creek - source to mouth S-7Warren Creek - source to mouth S-8Salmon River - Chamberlain Creek to South Fork Salmon River S-9Fivemile Creek - source to mouth S-10Little Fivemile Creek - source to mouth S-11Lemhi Creek - source to mouth S-12Fall Creek - source to mouth S-13Trout Creek - source to mouth S-14Richardson Creek - source to mouth S-15Dillinger Creek - source to mouth S-16Hot Springs Creek - source to mouth S-17Big Bear Creek - source to mouth S-18Salmon River - Horse Creek to Chamberlain Creek S-19Chamberlain Creek - McCalla Creek to mouth S-20Chamberlain Creek - Game Creek to McCalla Creek S-21Queen Creek - source to mouth S-22Game Creek - source to mouth S-23West Fork Game Creek - source to mouth S-24 Chamberlain Creek - confluence of Rim and South Fork  Chamberlain Creeks to Game Creek S-25Flossie Creek - source to mouth S-26Rim Creek - source to mouth S-27South Fork Chamberlain Creek - source to mouth S-28Moose Creek - source to mouth S-29Lodgepole Creek - source to mouth S-30McCalla Creek - source to mouth S-31Whimstick Creek - source to mouth S-32Disappointment Creek - source to mouth S-33Starvation Creek - source to mouth S-34Hungry Creek - source to mouth S-35Cottonwood Creek - source to mouth S-36Peak Creek - source to mouth S-37Salmon River - Middle Fork Salmon River to Horse Creek S-38Butts Creek - source to mouth S-39Kitchen Creek - source to mouth S-40Corn Creek - source to mouth S-41Horse Creek - Little Horse Creek to mouth S-42Little Horse Creek - source to mouth S-43Horse Creek - Reynolds Creek to Little Horse Creek S-44Horse Creek - source to Reynolds Creek S-45East Fork Reynolds Creek - source to mouth S-46Reynolds Creek - source to mouth S-47West Horse Creek - source to mouth S-48Little Squaw Creek - source to mouth S-49Harrington Creek - source to mouth S-50Sabe Creek - Hamilton Creek to mouth S-51Hamilton Creek - source to mouth S-52Sabe Creek - source to Hamilton Creek S-53Center Creek - source to mouth S-54Rattlesnake Creek - source to mouth S-55Bargamin Creek - source to mouth S-56Porcupine Creek - source to mouth S-57Prospector Creek - source to mouth S-58Cache Creek - source to mouth S-59Salt Creek - source to mouth S-60Rainey Creek - source to mouth S-61Big Mallard Creek - source to mouth S-62Little Mallard Creek - source to mouth S-63Rhett Creek - source to mouth

10.South Fork Salmon Subbasin. The South Fork Salmon Subbasin, HUC 17060208, is comprised of thirty-five (35) water body units.

S-64Big Blowout Creek - source to mouth S-65Jersey Creek - source to mouth S-66Indian Creek - source to mouth S-67Crooked Creek - Lake Creek to mouth S-68Crooked Creek - source to Lake Creek S-69Big Creek - source to mouth S-70Lake Creek - source to mouth S-71Arlington Creek - source to mouth S-72Bull Creek - source to mouth S-73Elk Creek - source to mouth S-74Sheep Creek - source to mouth S-75Long Meadow Creek - source to mouth S-76Wind River - source to mouth S-77Meadow Creek - source to mouth S-1South Fork Salmon River - East Fork Salmon River to mouth S-2Raines Creek - source to mouth S-3Pony Creek - source to mouth SSPCR S-4Bear Creek - source to mouth S-5 Secesh River - confluence of Summitt Creek and  Lake Creek to mouth S-6Lake Creek - source to mouth S-7Summit Creek - source to mouth S-8Loon Creek - source to mouth S-9Lick Creek - source to mouth S-10 South Fork Salmon River - source to East Fork  of the South Fork Salmon River S-11Fitsum Creek - source to mouth S-12Buckhorn Creek - source to mouth S-13Cougar Creek - source to mouth S-14Blackmare Creek - source to mouth S-15Dollar Creek - source to mouth S-16Six-bit Creek - source to mouth S-17Trail Creek - source to mouth S-18Rice Creek - source to mouth S-19Cabin Creek - source to mouth S-20Warm LakeCOLDPCR S-21Fourmile Creek - source to mouth S-22Camp Creek - source to mouth S-23East Fork of the South Fork Salmon River - source to mouth S-24Caton Creek - source to mouth S-25Johnson Creek - source to mouth S-26Burntlog Creek - source to mouth S-27Trapper Creek - source to mouth S-28Riordan Creek - source to mouth

11.Lower Salmon Subbasin. The Lower Salmon Subbasin, HUC 17060209, is comprised of sixtyfive (65) water body units.

S-29Sugar Creek - source to mouth S-30Tamarack Creek - source to mouth S-31Profile Creek - source to mouth S-32Quartz Creek - source to mouth S-33Sheep Creek - source to mouth S-34Elk Creek - source to mouth S-35Porphyry Creek - source to mouth S-1Salmon River - Rice Creek to mouthCOLDPCRDWS S-2Flynn Creek - source to mouth S-3Cottonwood Creek - source to mouth S-4Billy Creek - source to mouth S-5Burnt Creek - source to mouth S-6Round Spring Creek - source to mouth S-7Rice Creek - source to mouth S-8Salmon River - Slate Creek to Rice CreekCOLDPCRDWS S-9Sotin Creek - source to mouth S-10Deer Creek - source to mouth S-11Salmon River - Little Salmon River to Slate CreekCOLDPCRDWS S-12China Creek- source to mouth S-13Cow Creek - source to mouth S-14Race Creek - confluence West and South Fork Race Creek to mouth S-15West Fork Race Creek - source to mouth S-16South Fork Race Creek - source to mouth S-17Kessler Creek - source to mouth S-18Grave Creek - source to mouth S-19 Salmon River - river mile 106 (T24N, R04E, Sec. 18)  to Little Salmon River S-20Lake Creek - source to mouth S-21Partridge Creek - source to mouth S-22Elkhorn Creek - source to mouth S-23French Creek - Little French Creek to mouth S-24Little French Creek - source to mouth S-25French Creek - source to Little French Creek S-26Kelly Creek - source to mouth S-27Van Creek - source to mouth S-28Allison Creek - West Fork Allison Creek to mouth S-29Allison Creek - source to West Fork Allison Creek S-30West Fork Allison Creek - source to mouth S-31Berg Creek - source to mouth S-32Fiddle Creek - source to mouth S-33John Day Creek - source to mouth S-34Slate Creek - from and including Hurley Creek to mouth S-35Little Van Buren Creek - source to mouth S-36Slate Creek - Little Slate Creek to Hurley Creek S-37Little Slate Creek - source to mouth S-38Deadhorse Creek - source to mouth S-39Van Buren Creek - source to mouth S-40Tumble Creek - source to mouth S-41Slate Creek - source to Little Slate Creek S-42North Fork Slate Creek - source to mouth S-43McKinzie Creek - source to mouth S-44 Skookumchuck Creek - confluence North and  South Fork Skookumchuck Creeks to mouth S-45South Fork Skookumchuck Creek - source to mouth S-46North Fork Skookumchuck Creek - source to mouth S-47 Whitebird Creek - confluence of North and South Fork  Whitebird Creeks to mouth S-48South Fork Whitebird Creek - Little Whitebird Creek to mouth

12.Little Salmon Subbasin. The Little Salmon Subbasin, HUC 17060210, is comprised of sixteen (16) water body units.

S-49Little Whitebird Creek - source to mouth S-50South Fork Whitebird Creek - source to Little Whitebird Creek S-51Jungle Creek - source to mouth S-52Asbestos Creek - source to mouth S-53Teepee Creek - source to mouth S-54Pinnacle Creek - source to mouth S-55North Fork Whitebird Creek - source to mouth S-56Rock Creek - Grave Creek to mouth S-57Rock Creek - source to Grave Creek S-58Grave Creek - source to mouth S-59Telcher Creek - source to mouth S-60Deep Creek - source to mouth S-61Maloney Creek - source to mouth S-62Deer Creek - source to mouth S-63Eagle Creek - source to mouth S-64China Creek - source to mouth S-65Wapshilla Creek - source to mouth S-1Little Salmon River - Round Valley Creek to mouth S-2Rapid River - source to mouth S-3West Fork Rapid River - source to mouth S-4Paradise Creek - source to mouth S-5Boulder Creek - source to mouth S-6Round Valley Creek - source to mouth S-7Little Salmon River - source to Round Valley Creek S-8Mud Creek - source to mouth

IDAPA 58.01.02.131 (Reserved)

IDAPA 58.01.02.140 Southwest Idaho Basin

Surface waters found within the Southwest basin total nineteen (19) subbasins and are designated as follows:

01.C.J. Strike Reservoir Subbasin. The C.J. Strike Reservoir Subbasin, HUC 17050101, is comprised of twenty-six (26) water body units.

S-9Big Creek - source to mouth S-10Goose Creek - source to mouth S-11Brundage Reservoir S-12Goose Lake S-13Sixmile Creek - source to mouth S-14Hazard Creek - source to mouth S-15Hard Creek - source to mouth S-16Elk Creek - source to mouth SW-1Snake River - Browns Creek to C.J. Strike DamCOLDPCRDWS SW-2Dune’s Lake SW-3Browns Creek - source to mouth SW-4West Fork Browns Creek - source to mouth SW-5Snake River - Clover Creek to Browns CreekCOLDPCRDWS SW-6Sailor Creek - source to mouth SW-7Pot Hole Creek - source to mouth SW-8Deadman Creek - source to mouth SW-9Rosevear Gulch - source to mouth SW-10King Hill Creek - source to mouth SW-11West Fork King Hill Creek - source to mouth SW-12Little Canyon Creek - source to mouth SW-13Alkali Creek - source to mouth SW-14Cold Springs Creek - source to mouth SW-15Ryegrass Creek - source to mouth SW-16Bennett Creek - source to mouth

02.Bruneau Subbasin. The Bruneau Subbasin, HUC 17050102, is comprised of thirty-five (35) water SW-17Hot Springs Reservoir SW-18Dive Creek - source to mouth SW-19Rattlesnake Creek - source to mouth (T05S, R06E)

SW-20Mountain Home Reservoir SW-21Canyon Creek - Fraiser Reservoir Dam to mouth SW-22Fraiser Reservoir SW-23 Canyon Creek - confluence of Syrup and Long Tom  Creeks to Fraiser Reservoir SW-24Long Tom Creek - source to mouth SW-25Syrup Creek - source to mouth SW-26Squaw Creek - source to mouth SW-1C.J. Strike ReservoirCOLDPCR SW-2 Jacks Creek - confluence of Little and  Big Jacks Creeks to C.J. Strike Reservoir SW-3Little Jacks Creek - source to mouth SW-4Big Jacks Creek -source to mouth SW-5Cottonwood Creek - source to mouth SW-6Duncan Creek - source to mouth SW-7Wickahoney Creek - source to mouth SW-8Sugar Valley Creek - source to mouth SW-9Bruneau River - Hot Creek to C.J. Strike Reservoir SW-10Hot Creek - source to mouth SW-11 Bruneau River - Clover Creek (East Fork Bruneau River)  to Hot Creek SW-12Miller Water - source to mouth SW-13 Bruneau River - Jarbridge River to Clover Creek  (East Fork Bruneau River)

SW-14Sheep Creek - Idaho/Nevada border to mouthCOLDPCR SW-15Louse Creek - source to mouth

03.Middle Snake-Succor Subbasin. The Middle Snake-Succor Subbasin, HUC 17050103, is comprised of twenty-six (26) water body units.

SW-16Marys Creek - source to mouth SW-17Bull Creek - source to mouth SW-18Pole Creek - Idaho/Nevada border to mouth SW-19Cat Creek - Idaho/Nevada border to mouth SW-20Bruneau River - Idaho/Nevada border to Jarbridge River SW-21Jarbridge River -Idaho/Nevada border to mouth SW-22Cougar Creek - source to mouth SW-23Dorsey Creek - Idaho/Nevada border to mouth SW-24East Fork Jarbridge River - Idaho/Nevada border to mouth SW-25Poison Creek - Idaho/Nevada border to mouth SW-26Unnamed Tributary - source to mouth (T11S, R07E, Sec. 27)

SW-27Sheepshead Draw - source to mouth SW-28 Clover Creek (East Fork Bruneau River) - confluence of  Big Flat, Three, and Deadwood Creeks to mouth SW-29Juniper Draw - source to mouth SW-30Big Flat Creek - Idaho/Nevada border to mouth SW-31Three Creek - Idaho/Nevada border to mouth SW-32Cherry Creek - Idaho/Nevada border to mouth SW-33Deer Creek - Idaho/Nevada border to mouth SW-34Deadwood Creek - Idaho/Nevada to mouth SW-35Buck Flat Draw - source to mouth Snake River - river mile 425 (T02N, R04W, Sec. 02)  to Idaho/Oregon border SW-2Succor Creek - Idaho/Oregon border to mouth SW-3Succor Creek - source to Idaho/Oregon border

04.Upper Owyhee Subbasin. The Upper Owyhee Subbasin, HUC 17050104, is comprised of thirtyfour (34) water body units.

SW-4McBride Creek - source to Idaho/Oregon border SW-5Jump Creek - source to mouthCOLDPCR SW-6 Snake River - C.J. Strike Dam to river mile 425  (T02N, R04W, Sec. 02)

SW-7Squaw Creek - source to mouth SW-8Hardtrigger Creek - source to mouth SW-9Reynolds Creek - source to mouth SW-10West Rabbit Creek - source to mouth SW-11Rabbit Creek - source to mouth SW-12Sinker Creek - source to mouth SW-13Fossil Creek - source to mouth SW-14Castle Creek - source to mouth SW-15Catherine Creek - confluence of Hart and Picket Creeks to mouth SW-16Pickett Creek - source to mouth SW-17Bates Creek - source to mouth SW-18Hart Creek - source to mouth SW-19Brown Creek - source to mouth SW-20South Fork Castle Creek - source to mouth SW-21Birch Creek - source to mouth SW-22McKeeth Wash - source to mouth SW-23Vinson Wash - source to mouth SW-24Shoofly Creek - source to mouth SW-25Corder Creek - source to mouth SW-26Rabbit Creek - source to mouth SW-1Owyhee River - Juniper Creek to South Fork Owyhee River SW-2Unnamed Tributaries and playas of YP Desert (T14S, R04W)

SW-3Piute Creek - source to mouth

05.South Fork Owyhee Subbasin. The South Fork Owyhee Subbasin, HUC 17050105, is comprised SW-4Juniper Creek - Juniper Basin Reservoir Dam to mouth SW-5Juniper Basin Reservoir SW-6Owyhee River - Idaho/Nevada border to Juniper Creek SW-7Blue Creek - Blue Creek Reservoir Dam to mouth SW-8Boyle Creek Reservoir (Mt. View Lake)COLDPCR SW-9Papoose/Mud Creek complex SW-10Payne Creek - source to mouth SW-11Squaw Creek - source to mouth SW-12Little Blue Creek - source to mouth SW-13Blue Creek - source to Blue Creek Reservoir Dam SW-14Shoofly Creek - source to mouth SW-15Harris Creek - source to mouth SW-16Little Jarvis Lake SW-17Rough Little Lake SW-18Ross Lake SW-19Juniper Lake SW-20Henry Lake SW-21Unnamed Tributary - source to mouth (T15S, R01W, Sec. 01)

SW-22Yatahoney Creek - source to mouth SW-23Battle Creek - source to mouth SW-24Dry Creek - source to mouth SW-25Big Springs Creek - source to mouth SW-26Deep Creek - source to mouth SW-27Dickshooter Creek - source to mouth SW-28Pole Creek - source to mouth SW-29Camas Creek - source to mouth SW-30Camel Creek - source to mouth SW-31Nickel Creek - source to mouth SW-32Castle Creek - source to mouth SW-33Beaver Creek - source to mouth SW-34Red Canyon Creek - source to mouthCOLDPCR of five (5) water body units.

06.East Little Owyhee Subbasin. The East Little Owyhee Subbasin, HUC 17050106, is comprised of two (2) water body units.

07.Middle Owyhee Subbasin. The Middle Owyhee Subbasin, HUC 17050107, is comprised of fourteen (14) water body units.

SW-1South Fork Owyhee River - Idaho/Nevada border to mouth SW-2Spring Creek - source to mouth SW-3Bull Camp Reservoir SW-4Homer Wells Reservoir SW-5Coyote Flat - source to mouth SW-1Little Owyhee River - Idaho/Nevada border to mouth SW-2Tent Creek- Idaho/Oregon border to mouth Owyhee River - South Fork Owyhee River  to Idaho/Oregon border SW-2Oregon Lake Creek - source to Idaho/Oregon border SW-3Field Creek - source to Idaho/Oregon border SW-4Middle Fork Owyhee River - source to Idaho/Oregon border SW-5Pole Creek - source to Idaho/Oregon border SW-6Squaw Creek - source to Idaho/Oregon border SW-7Cottonwood Creek - source to mouth SW-8North Fork Owyhee River - source to Idaho/Oregon border SW-9Pleasant Valley Creek - source to mouthCOLDPCR SW-10Noon Creek - source to mouth

08.Jordan Subbasin. The Jordan Subbasin, HUC 17050108, is comprised of twenty-three (23) water SW-11Cabin Creek - source to mouth SW-12Juniper Creek - source to mouth SW-13Cherry Creek - source to Idaho/Oregon border SW-14Soldier Creek - source to Idaho/Oregon border SW-1Jordan Creek - Williams Creek to Idaho/Oregon border SW-2Lone Tree Creek - source to mouth SW-3Williams Creek - source to mouthCOLDPCR SW-4Jordan Creek - source to Williams Creek SW-5 Big Boulder Creek - confluence of North and South Fork  Boulder Creeks to mouth SW-6South Fork Boulder Creek - source to mouth SW-7North Fork Boulder Creek - source to mouth SW-8Mammoth Creek - source to mouth SW-9Combination Creek - source to mouth SW-10Rock Creek -Triangle Reservoir Dam to mouth SW-11Rose Creek - source to mouth SW-12Josephine Creek - source to mouth SW-13Rock Creek - source to and including Triangle Reservoir SW-14Louisa Creek - source to Triangle Reservoir SW-15Spring Creek - source to mouth SW-16Deer Creek - source to mouth SW-17Flint Creek - source to mouth SW-18Louse Creek - source to mouth SW-19Trout Creek - source to Idaho/Oregon border SW-20Hooker Creek - source to Idaho/Oregon border SW-21Cow Creek - source to Idaho/Oregon border

09.North and Middle Fork Boise Subbasin. The North and Middle Fork Boise Subbasin, HUC 17050111, is comprised of seventeen (17) water body units.

SW-22Soda Creek - source to mouth SW-23Baxter Creek - source to Idaho/Oregon border SW-1Middle Fork Boise River - source to mouth SW-2East Fork Roaring River -source to mouth SW-3Hot Creek - source to mouth SW-4Yuba River - source to mouth SW-5Decker Creek - source to mouth SW-6Queens River - source to mouth SW-7Little Queens River - source to mouth SW-8Black Warrior Creek - source to mouth SW-9Browns Creek - source to mouth SW-10North Fork Boise River - source to mouth SW-11Johnson Creek - source to mouth SW-12Bear River - source to mouth SW-13Big Owl/Little Owl Creeks - source to mouth SW-14Crooked River - source to mouth SW-15Rabbit Creek - source to mouth SW-16Meadow Creek - source to mouthCOLDSCR

10.Boise-Mores Subbasin. The Boise-Mores Subbasin, HUC 17050112, is comprised of seventeen (17) water body units.

11.South Fork Boise Subbasin. The South Fork Boise Subbasin, HUC 17050113, is comprised of thirty-three (33) water body units.

SW-17French Creek - source to mouth SW-1Lucky Peak Reservoir (Boise River)

SW-2Arrowrock Reservoir (Boise River)

SW-3Grouse Creek - source to Arrowrock Reservoir SW-4 Boise River - confluence of North and Middle Fork Boise  Rivers to Arrowrock Reservoir SW-5Sheep Creek - source to mouth SW-6Brown Creek - source to mouth SW-7Cottonwood Creek - source to Arrowrock Reservoir SW-8Deer Creek - source to Lucky Peak Reservoir SW-9Mores Creek - source to Lucky Peak Reservoir SW-10Smith Creek - source to mouth SW-11Thorn Creek - source to mouth SW-12Elk Creek - source to mouthDWS SW-13Grimes Creek - source to mouth SW-14Granite Creek - source to mouthCOLDPCR SW-15Macks Creek - source to mouth SW-16Daggett Creek - source to mouth SW-17Robie Creek - source to Lucky Peak Reservoir SW-1Arrowrock Reservoir (Boise River)

SW-2aWillow Creek - Cottonwood Creek to Arrowrock Reservoir SW-2bWillow Creek - source to Cottonwood Creek SW-3Wood Creek - source to mouth SW-4 South Fork Boise River - Anderson Ranch Dam  to Arrowrock Reservoir SW-5Anderson Ranch Reservoir (Boise River)

SW-6

Little Camas Creek - Little Camas Reservoir Dam  to Anderson Ranch Reservoir SW-7Little Camas Creek ReservoirSCPCR SW-8Little Camas Creek - source to Little Camas Creek Reservoir SW-9Wood Creek - source to Anderson Ranch Reservoir SW-10Lime Creek - source to Anderson Ranch Reservoir SW-11South Fork Lime Creek - source to mouth SW-12Deer Creek - source to Anderson Ranch Reservoir SW-13 South Fork Boise River - Willow Creek to  Anderson Ranch Reservoir SW-14Grouse Creek - source to mouth SW-15South Fork Boise River - Little Smoky Creek to Willow Creek SW-16Beaver Creek - source to mouth SW-17Boardman Creek - source to mouth SW-18Little Smoky Creek - source to mouth SW-19Big Smoky Creek - source to mouth SW-20Paradise Creek - source to mouth

12.Lower Boise Subbasin. The Lower Boise Subbasin, HUC 17050114, is comprised of seventeen (17) water body units.

SW-21

South Fork Boise River - confluence of Ross Fork and Johnson Creeks to Little Smoky Creek SW-22Johnson Creek - source to mouth SW-23Ross Fork - source to mouth SW-24Skeleton Creek - source to mouth SW-25Willow Creek - source to South Fork Boise River SW-26Shake Creek - source to mouth SW-27Feather Creek - source to mouth SW-28Trinity Creek - source to mouth SW-29Green Creek - source to mouth SW-30Dog Creek - source to mouth SW-31Fall Creek - source to Anderson Ranch Reservoir SW-32Smith Creek - source to mouth SW-33Rattlesnake Creek - source to Arrowrock Reservoir SW-1Boise River- Indian Creek to mouthCOLDPCR SW-2Indian Creek - Sugar Ave. (T03N, R02W, Sec. 15) to mouthCOLDSCR SW-3a Split between New York Canal and historic creek bed to Sugar Ave. (T03N, R02W, Sec. 15)

SW-3b Indian Creek Reservoir to split between New York Canal  and historic creek bed SW-3cIndian Creek ReservoirCOLDPCR SW-3dIndian Creek - source to Indian Creek ReservoirCOLDSCR

13.Middle Snake-Payette Subbasin. The Middle Snake-Payette Subbasin, HUC 17050115, is comprised of five (5) water body units.

14.South Fork Payette Subbasin. The South Fork Payette Subbasin, HUC 17050120, is comprised of twenty-one (21) water body units.

SW-4Lake Lowell WARMPCR SW-5Boise River - river mile 50 (T04N, R02W, Sec. 32) to Indian Creek SW-6Mason Creek - New York Canal to mouthSCR SW-7Fifteenmile Creek - Miller Canal to mouthSCR SW-8Tenmile Creek - Blacks Creek Reservoir Dam to Miller CanalCOLDSCR SW-9Blacks Creek - source to and including Blacks Creek Reservoir SW-10Fivemile Creek - source to Miller CanalCOLDSCR SW-11a Boise River - Diversion Dam to river mile 50  (T04N, R02W, Sec. 32)

SW-11bBoise River - Lucky Peak Dam to Diversion DamCOLDPCRDWS SW-12Stewart Gulch, Cottonwood and Crane Creeks -source to mouth SW-13Dry Creek - source to mouth SW-14Big/Little Gulch Creek complex SW-15Willow Creek - source to mouth SW-16Langley/Graveyard Gulch complex SW-17Sand Hollow Creek - source to mouth SCR SW-1Snake River - the Idaho/Oregon border to Weiser RiverCOLDPCRDWS SW-2Homestead Gulch - source to mouth SW-3Ashlock Gulch - source to mouth SW-4Hurd Gulch - source to mouth SW-5Sand Hollow - source to mouth SW-1South Fork Payette River - Trail Creek to mouth

15.Middle Fork Payette Subbasin. The Middle Fork Payette Subbasin, HUC 17050121, is comprised of ten (10) water body units.

SW-2Rock Creek - source to mouth SW-3Tenmile Creek - source to mouth SW-4Wapiti Creek - source to mouth SW-5South Fork Payette River - source to and including Trail Creek SW-6Goat Creek - source to mouth SW-7Baron Creek - source to mouth SW-8Bear Creek - source to mouth SW-9Canyon Creek - source to mouth SW-10Warm Spring Creek - source to mouth SW-11Eightmile Creek - source to mouth SW-12Fivemile Creek - source to mouth SW-13Clear Creek - source to mouth SW-14Deadwood River - Deadwood Reservoir Dam to mouth SW-15Whitehawk Creek - source to mouth SW-16Warm Springs Creek - source to mouth SW-17Wilson Creek - source to mouth SW-18Deadwood Reservoir SW-19Deadwood River - source to Deadwood Reservoir SW-20Scott Creek - source to mouth SW-21Big Pine Creek - source to mouth SW-1Middle Fork Payette River - Big Bulldog Creek to mouth SW-2Anderson Creek - source to mouth SW-3Lightning Creek - source to mouth

16.Payette Subbasin. The Payette Subbasin, HUC 17050122, is comprised of twenty-one (21) water SW-4Big Bulldog Creek - source to mouth SW-5Middle Fork Payette River - source to Big Bulldog Creek SW-6Rattlesnake Creek - source to mouth SW-7Silver Creek - source to mouth SW-8Peace Creek - source to mouth SW-9Bull Creek - source to mouth SW-10Scriver Creek - source to mouth SW-1Payette River - Black Canyon Reservoir Dam to mouth SW-2Black Canyon Reservoir SW-3 Payette River - confluence of the North Fork and South Fork Payette Rivers to Black Canyon Reservoir SW-4Shafer Creek - source to mouth SW-5Harris Creek - source to mouth SW-6Porter Creek - source to mouth SW-7Hill Creek - source to mouth SW-8 South Fork Payette River - Middle Fork  Payette River to mouth SW-9Deer Creek - source to mouth SW-10Squaw Creek - source to mouth SW-11Little Squaw Creek - source to mouth

17.North Fork Payette Subbasin. The North Fork Payette Subbasin, HUC 17050123, is comprised of twenty-two (22) water body units.

SW-12Soldier Creek - source to mouth SW-13Pine Creek - source to mouth SW-14Second Fork Squaw Creek - source to mouth SW-15Bissel Creek - source to mouth SW-16Sand Hollow - source to mouth SW-17Big Willow Creek - source to mouth SW-18Little Willow Creek - Paddock Valley Reservoir Dam to mouth SW-19Indian Creek - source to mouth SW-20Paddock Valley Reservoir SW-21Little Willow Creek - source to Paddock Valley Reservoir SW-1North Fork Payette River - Cascade Reservoir Dam to mouth SW-2Round Valley Creek - source to mouth SW-3Clear Creek - source to mouth SW-4Big Creek - source to mouth SW-5Horsethief ReservoirDWS SW-6Beaver Creek - source to mouth SW-7Cascade Reservoir SW-8Gold Fork - source to Cascade Reservoir SW-9Flat Creek - source to mouth SW-10Kennally Creek - source to mouth SW-11Boulder Creek - source to Cascade Reservoir SW-12Lake Fork - Little Payette Lake to Cascade Reservoir SW-13Little Payette Lake

18.Weiser Subbasin. The Weiser Subbasin, HUC 17050124, is comprised of thirty-three (33) water SW-14Lake Fork - source to Little Payette Lake SW-15Mud Creek - source to Cascade Reservoir SW-16North Fork Payette River - Payette Lake to Cascade Reservoir SW-17Payette Lake SW-18North Fork Payette River - Upper Payette Lake to Payette Lake SW-19Upper Payette Lake SW-20Twentymile Creek - source to mouth SW-21North Fork Payette River - source to Upper Payette Lake SW-22Fisher Creek - source to mouth SW-1Weiser River - Keithly Creek to mouthCOLDPCRDWS SW-2Cove Creek - source to mouth SW-3Crane Creek - Crane Creek Reservoir Dam to mouthCOLDPCR SW-4Crane Creek ReservoirCOLDPCR SW-5South Fork Crane Creek - source to Crane Creek Reservoir SW-6North Crane Creek - source to Crane Creek Reservoir SW-7Weiser River - source to Keithly CreekCOLDPCRDWS SW-8Little Weiser River - source to mouth SW-9Ben Ross Creek - source to mouth SW-10Mill Creek - source to mouth SW-11Anderson Creek - source to mouth SW-12Grays Creek - source to mouth SW-13Bacon Creek - source to mouth

19.Brownlee Reservoir Subbasin. The Brownlee Reservoir Subbasin, HUC 17050201, is comprised of seventeen (17) water body units.

SW-14Middle Fork Weiser River - source to mouth SW-15Cottonwood Creek - source to mouth SW-16East Fork Weiser River - source to mouth SW-17West Fork Weiser River - source to mouth SW-18Lost Creek - Lost Valley Reservoir Dam to mouth SW-19Lost Valley Reservoir SW-20Lost Creek - source to Lost Valley Reservoir SW-21Hornet Creek - source to mouth SW-22Johnson Creek - source to mouth SW-23Goodrich Creek - source to mouth SW-24Cow Creek - source to mouth SW-25Rush Creek - source to mouth SW-26Spring Creek - source to mouth SW-27Pine Creek - source to mouth SW-28Keithly Creek - source to mouth SW-29Sage Creek - source to mouth SW-30Mann Creek - Mann Creek Reservoir Dam to mouth SW-31Mann Creek Reservoir SW-32Mann Creek - source to Mann Creek Reservoir SW-33Monroe Creek - source to mouth Snake River (Hells Canyon Reservoir) - Oxbow Dam  to Hells Canyon Dam SW-2Snake River (Oxbow Reservoir) - Brownlee Dam to Oxbow DamCOLDPCRDWS SW-3Snake River (Brownlee Reservoir) - Scott Creek to Brownlee DamCOLDPCRDWS

IDAPA 58.01.02.141 (Reserved)

IDAPA 58.01.02.150 Upper Snake Basin

Surface waters found within the Upper Snake basin total twenty-three (23) subbasins and are designated as follows:

01.Palisades Subbasin. The Palisades Subbasin, HUC 17040104, is comprised of thirty-one (31)

SW-4Snake River - Weiser River to Scott CreekCOLDPCRDWS SW-5Jenkins Creek - source to mouthCOLDPCR SW-6Scott Creek - source to mouth SW-7Warm Springs Creek - source to mouth SW-8Hog Creek - source to mouth SW-9Grouse Creek - source to mouth SW-10Rock Creek - source to mouth SW-11Wolf Creek - source to mouth SW-12Dennett Creek - source to mouth SW-13Sturgill Creek - source to mouth SW-14Brownlee Creek - source to mouth SW-15 Wildhorse River - confluence of Bear Creek and  including Crooked River to mouth SW-16Bear Creek - source to mouth SW-17Indian Creek - source to mouth Snake River - Black Canyon Creek to river mile 856  (T03N, R41E, Sec. 16)

US-2Antelope Creek - source to mouth US-3Snake River - Fall Creek to Black Canyon Creek US-4Pritchard Creek - source to mouth US-5Fall Creek - South Fork Fall Creek to mouth US-6Fall Creek - source to South Fork Fall Creek US-7South Fork Fall Creek - source to mouth

02.Salt Subbasin. The Salt Subbasin, HUC 17040105, is comprised of twelve (12) water body units.

US-8Snake River - Palisades Reservoir Dam to Fall Creek US-9Indian Creek - source to mouth US-10Palisades Reservoir US-11Bear Creek - North Fork Bear Creek to Palisades Reservoir US-12North Fork Bear Creek - source to mouth US-13Bear Creek - source to North Fork Bear Creek US-14McCoy Creek - Fish Creek to Palisades Reservoir US-15McCoy Creek - Iowa Creek to Fish Creek US-16McCoy Creek - Clear Creek to Iowa Creek US-17Wolverine Creek - source to mouth US-18Clear Creek - source to mouth US-19McCoy Creek - source to Clear Creek US-20Iowa Creek - source to mouth US-21Fish Creek - source to mouth US-22Trout Creek - source to mouth US-23Burns Creek - source to Idaho/Wyoming border US-24Indian Creek - Idaho/Wyoming border to Palisades Reservoir US-25Big Elk Creek - Idaho/Wyoming border to Palisades Reservoir US-26Little Elk Creek - source to Palisades Reservoir US-27Palisades Creek - source to mouth US-28Rainey Creek - source to mouth US-29Pine Creek - source to mouth US-30Black Canyon Creek - source to mouth US-31Burnt Canyon Creek - source to mouth Tributaries of Salt River - source to Idaho/Wyoming border (T04S, R46E)

US-2Jackknife Creek - source to Idaho/Wyoming border US-3Tincup Creek - source to Idaho/Wyoming border

03.Idaho Falls Subbasin. The Idaho Falls Subbasin, HUC 17040201, is comprised of seventeen (17)

US-4South Fork Tincup Creek - source to mouth Tributaries of Salt River - source to Idaho/Wyoming border (T06S, R46E and T07S, R46E)

US-6Stump Creek - source to Idaho/Wyoming border US-7Tygee Creek - source to mouth US-8Crow Creek - source to Idaho/Wyoming border US-9Sage Creek - source to mouth US-10Deer Creek - source to mouth US-11Rock Creek - source to mouth US-12Spring Creek - source to mouth Snake River - Dry Bed Creek to river mile 791 (T01N, R37E, Sec. 10)

US-2South Fork Willow Creek - source to mouth US-3North Fork Willow Creek - source to mouth US-4Dry Bed Creek - source to mouth US-5Sand Creek complex US-6Crow Creek - Willow Creek to mouth US-7Crow Creek - source to Willow Creek US-8Birch Creek - source to mouth US-9Snake River - Annis Slough to Dry Bed Creek US-10Spring Creek - canal (T05N, R38E) to mouth US-11Spring Creek - source to canal (T05N, R38E)

US-12Snake River - Dry Bed to Annis Slough US-13 Snake River - river mile 856 (T03N, R41E, Sec. 16) to Dry Bed Creek US-14Lyons Creek - source to mouth US-15Unnamed Tributary - source to mouth (T8N, R38E)

US-16Market Lake

04.Upper Henrys Subbasin. The Upper Henrys Subbasin, HUC 17040202, is comprised of fifty-two (52) water body units.

US-17Kettle Butte complex US-1Henrys Fork - Warm River to Ashton Reservoir Dam US-2Warm River - Warm River Spring to mouth US-3Moose Creek - source to confluence with Warm River US-4Partridge Creek - source to mouth US-5Warm River - source to Warm River Spring US-6Robinson Creek - Rock Creek to mouth US-7Porcupine Creek - source to mouth US-8Rock Creek - Wyoming Creek to mouth US-9Wyoming Creek - Idaho/Wyoming border to mouth US-10Rock Creek - source to Wyoming Creek Robinson Creek - Idaho/Wyoming border and  sources west of border to Rock Creek US-12Snow Creek - source to mouth US-13Fish Creek - source to mouth US-14Henrys Fork - Thurman Creek to Warm River US-15Henrys Fork - Island Park Reservoir Dam to Thurman Creek US-16Buffalo River - Elk Creek to mouth US-17Toms Creek - source to mouth US-18Buffalo River - source to Elk Creek US-19Elk Creek - source to mouth US-20Island Park Reservoir Henrys Fork - Confluence of Big Springs and  Henrys Lake Outlet to Island Park Reservoir US-22Moose Creek - source to confluence with Henrys Fork US-23Big Springs - source to mouth US-24Thirsty Creek - Idaho/ Wyoming border to mouth US-25Henrys Lake Outlet - Henrys Lake Dam to mouth US-26Meadows Creek - source to mouth US-27Reas Pass Creek - source to sink US-28Jones Creek - source to mouth US-29Jesse Creek - source to mouth US-30Twin Creek - source to mouth US-31Tygee Creek - source to sink US-32Henrys LakeCOLDSCR US-33Howard Creek - source to mouth US-34Targhee Creek - source to mouth US-35Timber Creek - source to mouth US-36Duck Creek - source to mouth US-37Rock Creek - source to mouth US-38Hope Creek - source to mouth US-39Crooked Creek - source to mouth US-40Hotel Creek - source to mouth US-41Yale Creek - source to mouth US-42Blue Creek - source to mouth US-43Sheep Creek - source to mouth US-44Icehouse Creek - source to Island Park Reservoir US-45Sheridan Creek - Kilgore Road (T13N, R41E, Sec. 07) to mouth US-46Willow Creek - source to mouth

05.Lower Henrys Subbasin. The Lower Henrys Subbasin, HUC 17040203, is comprised of sixteen (16) water body units.

US-47Myers Creek - source to mouth US-48Sheridan Creek - source to Kilgore Road (T13N, R41E, Sec. 07)

US-49Sheridan Reservoir US-50Dry Creek - source to Sheridan Reservoir US-51Thurman Creek - source to mouth US-52Rattlesnake Creek - source to mouth US-1Henrys Fork - South Fork Teton River to hydrologic unit boundary US-2Henry’s Fork - North Fork Teton River to South Fork Teton River US-3Henrys Fork - Falls River to North Fork Teton River US-4Falls River - Conant Creek to mouth US-5Conant Creek - Squirrel Creek to mouth US-6Conant Creek - Idaho/Wyoming border to Squirrel Creek US-7Squirrel Creek - Idaho/Wyoming border to mouth US-8Falls River - Boone Creek to Conant Creek US-9Falls River - Idaho/Wyoming border to Boone Creek US-10Boone Creek - Idaho/Wyoming border to mouth Boundary Creek - Idaho/Wyoming border (T12N, R46E, Sec. 06) to Idaho/Wyoming border, (T12N, R46E, Sec. 31)

US-12Henrys Fork - Ashton Reservoir Dam to Falls River US-13Sand Creek - Pine Creek to mouth US-14Pine Creek - source to mouth US-15Sand Creek - source to Pine Creek US-16Warm Slough - source to mouth

06.Teton Subbasin. The Teton Subbasin, HUC 17040204, is comprised of sixty-five (65) water body US-1South Fork Teton River - Teton River Forks to Henrys Fork US-2North Fork Teton River - Teton River Forks to Henrys Fork US-3Teton River - Teton Dam to Teton River Forks US-4Teton River - Canyon Creek to Teton Dam Moody Creek - confluence of North and South Fork  Moody Creeks to canal US-6South Fork Moody Creek - source to mouth US-7North Fork Moody Creek - source to mouth US-8Canyon Creek - Warm Creek to mouth US-9Canyon Creek - source to Warm Creek US-10Calamity Creek - source to mouth US-11Warm Creek - source to mouth US-12Teton River - Milk Creek to Canyon Creek US-13Milk Creek - source to mouth US-14Teton River - Felt Dam outlet to Milk Creek US-15Teton River - Felt Dam pool US-16Teton River - Highway 33 bridge to Felt Dam pool US-17 Teton River - Cache Bridge (NW ¼, NE ¼, Sec. 1, T5N, R44E)  to Highway 33 bridge US-18Packsaddle Creek - diversion (NE ¼ Sec. 8, T5N, R44E) to mouth US-19Packsaddle Creek - source to diversion (NE ¼ Sec. 8, T5N, R44E)

US-20

Teton River - Teton Creek to Cache Bridge  NW ¼, NE ¼, Sec. 1, T5N, R44E)

Horseshoe Creek - pipeline diversion  (SE ¼, NW ¼, Sec. 27, T5N, R44E) to mouth US-22 Horseshoe Creek - source to pipeline diversion ( SE ¼, NW ¼, Sec. 27, T5N, R44E)

US-23Twin Creek - source to mouth US-24 Mahogany Creek - pipeline diversion  (NE ¼, Sec. 27, T4N, R44E) to mouth US-25 Mahogany Creek - source to pipeline diversion  (NE ¼, Sec. 27, T4N, R44E)

US-26Teton River - Trail Creek to Teton Creek US-27Henderson Creek - source to sink US-28 Teton River - confluence of Warm Creek and  Drake Creek to Trail Creek US-29 Patterson Creek - pump diversion  (SE ¼, Sec. 31, T4N, R44E) to mouth US-30 Patterson Creek - source to pump diversion  (SE ¼, Sec. 31, T4N, R44E)

US-31Grove Creek - source to sink US-32Drake Creek - source to mouth US-33Little Pine Creek - source to mouth US-34Warm Creek - source to mouth US-35 Trail Creek - Trail Creek pipeline diversion  (SW ¼, SE ¼, Sec 19, T3N, R46E) to mouth US-36 Game Creek - diversion  (SW ¼, SW ¼, Sec. 17, T3N, R46E) to mouth US-37 Game Creek - source to diversion  (SW ¼, SW ¼, Sec. 17, T3N, R46E)

US-38

Trail Creek - Idaho/Wyoming border to Trail Creek pipeline  diversion (SW ¼, SE ¼, Sec 19, T3N, R46E)

US-39Moose Creek - Idaho/Wyoming border to mouth US-40 Fox Creek - SE ¼, SW ¼, Sec. 28, T4N, R45E to confluence  with Teton River, including spring creek tributaries US-41 Fox Creek - North Fox Creek Canal (NW ¼, Sec 29 T4N, R46E)  to SE ¼, SW ¼, Sec. 28, T4N, R45E US-42 Fox Creek - Idaho/Wyoming border to North Fox Creek Canal  (NW ¼, Sec 29 T4N, R46E)

US-43

Foster Creek spring creek complex - south to Fox Creek  and north to Darby Creek US-44 Darby Creek - SW ¼, SE ¼, S10, T4N, R45E, to mouth, including spring creek tributaries US-45 Darby Creek - Idaho/Wyoming border  to SW ¼, SE ¼, Sec. 10, T4N, R45E

07.Willow Subbasin. The Willow Subbasin, HUC 17040205, is comprised of thirty-two (32) water US-46 Dick Creek spring complex - south to Darby Creek  and north to Teton Creek US-47 Teton Creek - Highway 33 bridge to mouth,  including spring creek tributaries US-48Teton Creek - Idaho/Wyoming border to Highway 33 bridge US-49 Driggs Springs spring creek complex - located  between Teton Creek and Woods Creek US-50 Woods Creek - source to mouth, including spring creek tributaries and spring creek complex north of Woods Creek to latitude 43 degrees, 45.5 minutes north.

US-51

Dry Creek - Idaho/Wyoming border to sinks  (SE ¼, NE ¼, S12, T5N, R45E)

US-52South Leigh Creek - SE ¼, NE ¼, Sec. 1 T5N, R44E to mouth US-53 South Leigh Creek - Idaho/Wyoming border  to SE ¼, NE ¼, Sec. 1 T5N, R44 US-54Spring Creek - North Leigh Creek to mouth US-55North Leigh Creek - Idaho/Wyoming border to mouth US-56 Spring Creek - source to North Leigh Creek, including Spring  Creek complex north of Spring Creek to latitude 43 degrees,  49.9 minutes north US-57Badger Creek - spring (NW ¼, SW ¼, Sec. 26 T7N, R44E) to mouth US-58 Badger Creek - diversion (NW ¼, SW ¼, Sec. 9, T6N, R45E)  to spring (NW ¼, SW ¼, Sec. 26 T7N, R44E)

US-59

Badger Creek - source to diversion  (NW ¼, SW ¼, Sec. 9, T6N, R45E US-60 South Fork Badger Creek - diversion  (NE ¼, NE ¼, Sec. 12, T6N, R45E) to mouth US-61 South Fork Badger Creek - Idaho/Wyoming border  to diversion (NE ¼, NE ¼, Sec. 12, T6N, R45E)

US-62North Fork Badger Creek - Idaho/Wyoming border to mouth US-63Bitch Creek - Swanner Creek to mouth US-64Swanner Creek - Idaho/Wyoming border to mouth US-65Bitch Creek - Idaho/Wyoming border to Swanner Creek US-1Willow Creek - Ririe Reservoir Dam to Eagle Rock Canal US-2Ririe Reservoir (Willow Creek)

US-3Blacktail Creek - source to Ririe Reservoir US-4Willow Creek - Bulls Fork to Ririe Reservoir US-5Willow Creek - Birch Creek to Bulls Fork US-6Birch Creek - source to mouth US-7Squaw Creek - source to mouth US-8Willow Creek - Mud Creek to Birch Creek US-9Mud Creek - source to mouth US-10Sellars Creek - source to mouth US-11Willow Creek - Crane Creek to Mud Creek US-12Mill Creek - source to mouth US-13Willow Creek - source to Crane Creek US-14Crane Creek - source to mouth US-15Long Valley Creek - source to mouth US-16Grays Lake outlet - Hell Creek to mouth US-17Grays Lake outlet - Homer Creek to Hell Creek US-18Homer Creek - source to mouth US-19Grays Lake outlet - Brockman Creek to Homer Creek US-20Grays Lake outlet - Grays Lake to Brockman Creek US-21Grays Lake US-22Little Valley Creek - source to mouth US-23Gravel Creek - source to mouth US-24Brockman Creek - Corral Creek to mouth US-25Brockman Creek - source to Corral Creek US-26Corral Creek - source to mouth US-27Sawmill Creek - source to mouth US-28Lava Creek - source to mouth

08.American Falls Subbasin. The American Falls Subbasin, HUC 17040206, is comprised of twentysix (26) water body units.

US-29Hell Creek - source to mouth US-30Bulls Fork - source to mouth US-31Tex Creek - source to mouth US-32Meadow Creek - source to Ririe Reservoir US-1American Falls Reservoir (Snake River)COLDPCRDWS US-2Bannock Creek - source to American Falls ReservoirCOLDSCR US-3Starlight Creek - source to mouth US-4Blind Spring - source to mouth US-5Sunbeam Creek - source to mouth US-6Moonshine Creek - source to mouth US-7Sawmill Creek - source to mouth US-8West Fork Bannock Creek - source to mouth US-9Knox Creek - source to mouth US-10Rattlesnake Creek - source to mouth US-11Clifton Creek - source to mouth US-12Midnight Creek - source to mouth US-13Michaud Creek - source to mouth US-14Ross Fork - Gibson Canal to American Falls Reservoir US-15Ross Fork - Indian Creek to Gibson Canal US-16Indian Creek - source to mouth US-17South Fork Ross Fork - source to mouth US-18Ross Fork - source to South Fork Ross Fork US-19Clear Creek - source to American Falls Reservoir US-20Spring Creek - source to American Falls Reservoir US-21Big Jimmy Creek - source to American Falls Reservoir US-22 Snake River - river mile 791 (T01N, R37E, Sec. 10) to American Falls Reservoir US-23Jeff Cabin Creek - source to mouth

09.Blackfoot Subbasin. The Blackfoot Subbasin, HUC 17040207, is comprised of thirty-one (31)

US-24McTucker Creek - source to American Falls Reservoir US-25Little Hole Draw - source to American Falls Reservoir US-26Pleasant Valley - source to American Falls Reservoir US-1Blackfoot River - Fort Hall Main Canal diversion to mouthSCR Blackfoot River - Blackfoot Reservoir Dam to  Fort Hall Main Canal diversion US-3Garden Creek - source to mouth US-4Wood Creek - source to mouth US-5Grave Creek - source to mouth US-6Corral Creek - source to mouth US-7Grizzly Creek - source to mouth US-8Thompson Creek - source to mouth US-9Blackfoot ReservoirCOLDPCR Blackfoot River - confluence of Lanes and  Diamond Creeks to Blackfoot Reservoir US-11Trail Creek - source to mouth US-12Slug Creek - source to mouth US-13Dry Valley Creek - source to mouth US-14Maybe Creek - source to mouth US-15Mill Canyon - source to mouth US-16Diamond Creek - source to mouth US-17Timothy Creek - source to mouth US-18Lanes Creek - source to mouth US-19Bacon Creek - source to mouth US-20Browns Canyon Creek - source to mouth US-21Chippy Creek - source to mouth US-22Sheep Creek - source to mouth US-23Angus Creek - source to mouth US-24Wooley Valley - source to mouth

10.Portneuf Subbasin. The Portneuf Subbasin, HUC 17040208, is comprised of twenty-six (26)

US-25Meadow Creek - source to Blackfoot Reservoir US-26Brush Creek - source to mouth US-27Rawlins Creek - source to mouth US-28Miner Creek - source to mouth US-29Cedar Creek - source to mouth US-30Wolverine Creek - source to mouth US-31Jones Creek - source to mouth US-1Portneuf River - Marsh Creek to American Falls Reservoir US-2City Creek - source to mouth US-3Gibson Jack Creek - source to mouth US-4Mink Creek - source to mouth US-5Indian Creek - source to mouth US-6Marsh Creek - source to mouthCOLDSCR US-7Walker Creek - source to mouth US-8Bell Marsh Creek - source to mouth US-9Goodenough Creek - source to mouth US-10Garden Creek - source to mouth US-11Hawkins Creek - Hawkins Reservoir Dam to mouth US-12Hawkins Reservoir US-13Hawkins Creek - source to Hawkins Reservoir US-14Cherry Creek - source to mouth US-15Birch Creek - source to mouth US-16Portneuf River - Chesterfield Reservoir Dam to Marsh Creek US-17Dempsey Creek - source to mouth US-18Twentyfourmile Creek - source to mouth US-19Chesterfield Reservoir

11.Lake Walcot Subbasin. The Lake Walcot Subbasin, HUC 17040209, is comprised of thirteen (13)

12.Raft Subbasin. The Raft Subbasin, HUC 17040210, is comprised of twenty-three (23) water body US-20Portneuf River - source to Chesterfield Reservoir US-21Toponce Creek - source to mouth US-22Pebble Creek - source to mouth US-23Rapid Creek - source to mouth US-24 Pocatello Creek - confluence of North and South Fork  Pocatello Creeks to mouth US-25South Fork Pocatello Creek - source to mouth US-26North Fork Pocatello Creek - source to mouth Snake River - Heyburn/Burley Bridge (T10S, R23E, Sec.17)  to Milner-Gooding Canal WARMPCR Snake River - Minidoka Dam to Heyburn/Burley Bridge (T10S, R23E, Sec.17)

US-3Marsh Creek - source to mouth US-4Lake Walcott (Snake River)COLDPCRDWS US-5Snake River - Raft River to Lake WalcottCOLDPCRDWS US-6Snake River - Rock Creek to Raft RiverCOLDPCRDWS US-7Fall Creek - source to mouth Rock Creek - confluence of South and  East Fork Rock Creeks to mouth US-9South Fork Rock Creek - source to mouth US-10East Fork Rock Creek - source to mouth US-11Snake River - American Falls Reservoir Dam to Rock CreekCOLDPCRDWS US-12Warm Creek - source to mouth US-13Craters of the Moon complex

13.Goose Subbasin. The Goose Subbasin, HUC 17040211, is comprised of fourteen (14) water body US-1Raft River - Heglar Canyon Creek to mouth US-2Raft River - Cassia Creek to Heglar Canyon Creek US-3Cassia Creek - Conner Creek to mouth US-4Conner Creek - source to mouth US-5Cassia Creek - Clyde Creek to Conner Creek US-6Clyde Creek - source to mouth US-7Cassia Creek - source to Clyde Creek US-8Raft River - Cottonwood Creek to Cassia Creek US-9Cottonwood Creek - source to mouth Raft River - Unnamed Tributary (T15S, R26E, Sec. 24)  to Cottonwood Creek US-11Grape Creek - source to mouth US-12Edwards Creek - source to mouth US-13Raft River - Idaho/Utah border to Edwards Creek US-14Junction Creek - source to Idaho/Utah border US-15Cottonwood Creek - source to Idaho/Utah border US-16Clear Creek - Idaho/Utah border to mouth US-17Kelsaw Canyon Creek - source to mouth US-18Meadow Creek - source to mouth US-19Sublett Creek - Sublett Reservoir Dam to mouth US-20Sublett Reservoir US-21Sublett Creek - source to Sublett Reservoir US-22Lake Fork - source to Sublett Reservoir US-23Heglar Canyon Creek - source to mouth US-1Big Cottonwood Creek - source to mouth

14.Upper Snake-Rock Subbasin. The Upper Snake-Rock Subbasin, HUC 17040212, is comprised of forty-one (41) water body units.

US-2Lower Goose Creek Reservoir Trapper Creek - from and including Squaw Creek  to Lower Goose Creek Reservoir US-4Trapper Creek - source to Squaw Creek US-5Goose Creek - Beaverdam Creek to Lower Goose Creek Reservoir US-6Beaverdam Creek - source to mouth US-7Trout Creek - source to Idaho/Utah border US-8Goose Creek - source to Idaho/Utah border US-9Birch Creek - Idaho/Utah border to mouth US-10Blue Hill Creek - source to mouth US-11Cold Creek - source to mouth US-12Birch Creek - source to mouth US-13Mill Creek - source to mouth US-14Land/Willow/Smith Creek complex US-1Snake River - Lower Salmon Falls to Clover Creek US-2Big Pilgrim Gulch - source to mouth US-3Cassia Gulch - source to mouth US-4Tuana Gulch - source to mouth US-5Snake River - Box Canyon Creek to Lower Salmon Falls US-6Riley Creek - source to mouth US-7Snake River - Rock Creek to Box Canyon Creek US-8Deep Creek - High Line Canal to mouth US-9Deep Creek - source to High Line Canal US-10Mud Creek - Deep Creek Road (T09S, R14E) to mouth US-11Mud Creek - source to Deep Creek Road (T09S, R14E)

US-12Cedar Draw - source to mouth US-13Rock Creek -river mile 25 (T11S, R18E, Sec. 36) to mouth US-14Cottonwood Creek - source to mouthCOLDSCR US-15McMullen Creek - source to mouthCOLDSCR US-16 Rock Creek - Fifth Fork Rock Creek to river mile 25  (T11S, R18E, Sec. 36)

US-17Fifth Fork Rock Creek - source to mouthCOLDSCR US-18Rock Creek - source to Fifth Fork Rock Creek US-19 Snake River - Twin Falls to Rock Creek US-20Snake River - Milner Dam to Twin Falls US-21Murtaugh Lake US-22Dry Creek - source to mouth US-23West Fork Dry Creek - source to mouth US-24East Fork Dry Creek - source to mouthCOLDSCR US-25Big Cottonwood Creek - source to mouth US-26Wilson Lake Reservoir US-27Vinyard Creek - Vinyard Lake to mouthCOLDSCR US-28Clear LakesCOLDSCR US-29Banbury Springs PCR US-30Box Canyon Creek - source to mouthCOLDSCR US-31Thousand SpringsCOLDSCR US-32Bickel SpringsCOLDSCR US-33Billingsley Creek - source to mouth US-34Clover Creek - Pioneer Reservoir Dam to mouth

15.Salmon Falls Subbasin. The Salmon Falls Subbasin, HUC 17040213, is comprised of sixteen (16)

US-35Pioneer Reservoir US-36Clover Creek - source to Pioneer Reservoir US-37Cottonwood Creek - source to mouth US-38Catchall Creek - source to mouth US-39Deer Creek - source to mouth US-40Calf Creek - source to mouthCOLDSCR US-41Dry Creek - source to mouthCOLDSCR US-1Salmon Falls Creek - Devil Creek to mouth US-2Devil Creek - source to mouth US-3Salmon Falls Creek - Salmon Falls Creek Dam to Devil Creek US-4Cedar Creek Reservoir US-5House Creek - source to Cedar Creek Reservoir US-6Cedar Creek - source to Cedar Creek Reservoir US-7Salmon Falls Creek Reservoir China, Browns, Corral, Whiskey Slough, Player Creeks  - source to Salmon Falls Creek Reservoir US-9 Salmon Falls Creek - Idaho/Nevada border to  Salmon Falls Creek Reservoir US-10North Fork Salmon Falls Creek - source to Idaho/Nevada border US-11Shoshone Creek - Hot Creek to Idaho/Nevada border US-12Hot Creek - Idaho/Nevada border to mouth US-13Shoshone Creek - Cottonwood Creek to Hot Creek US-14Big Creek - source to mouth US-15Cottonwood Creek - source to mouth US-16Shoshone Creek - source to Cottonwood Creek

16.Beaver-Camas Subbasin. The Beaver-Camas Subbasin, HUC 17040214, is comprised of twentysix (26) water body units.

US-1Camas Creek - Beaver Creek to Mud Lake US-2Camas Creek - Spring Creek to Beaver Creek US-3Beaver Creek - canal (T09N, R36E) to mouth US-4Spring Creek - Dry Creek to mouth US-5Dry Creek - source to mouth US-6Ching Creek - source to mouth US-7 Camas Creek - confluence of West and East Camas Creeks  to Spring Creek US-8Crooked/Crab Creek - source to mouth US-9 Warm Creek - Cottonwood Creek to mouth and East Camas Creek - T13N, R39E, Sec. 20, 6400 ft. elevation to Camas Creek East Camas Creek - from and including Larkspur Creek to  T13N, R39E, Sec. 20, 6400 ft. elevation US-11East Camas Creek - source to Larkspur Creek US-12 West Camas Creek - Targhee National Forest Boundary  (T13N, R38E) to Camas Creek US-13 West Camas Creek - source to Targhee National Forest Boundary (T13N, R38E)

US-14Beaver Creek - Dry Creek to canal (T09N, R36E)

US-15Beaver Creek - Rattlesnake Creek to Dry Creek US-16Rattlesnake Creek - source to mouth US-17Threemile Creek - source to mouth US-18Beaver Creek - Miners Creek to Rattlesnake Creek US-19Miners Creek - source to mouth US-20Beaver Creek - Idaho Creek to Miners Creek US-21Beaver Creek - source to Idaho Creek

17.Medicine Lodge Subbasin. The Medicine Lodge Subbasin, HUC 17040215, is comprised of twenty-two (22) water body units.

US-22Idaho Creek - source to mouth US-23Pleasant Valley Creek - source to mouth US-24Huntley Canyon Creek - source to mouth US-25Dry Creek - source to mouth US-26Cottonwood Creek complex US-1Mud Lake US-2Medicine Lodge Creek - Indian Creek to playas Indian Creek - confluence of West and East Fork  Indian Creeks to mouth US-4East Fork Indian Creek - source to mouth US-5West Fork Indian Creek - source to mouth US-6Medicine Lodge Creek - Edie Creek to Indian Creek US-7Middle Creek - Dry Creek to mouth US-8Middle Creek - source to Dry Creek US-9Dry Creek - source to mouth US-10Edie Creek - source to mouth Medicine Lodge Creek - confluence of Warm  and Fritz Creeks to Edie Creek US-12Irving Creek - source to mouth US-13Warm Creek - source to mouth US-14Divide Creek - source to mouth US-15Horse Creek - source to mouth US-16Fritz Creek - source to mouth

18.Birch Subbasin. The Birch Subbasin, HUC 17040216, is comprised of sixteen (16) water body US-17Webber Creek - source to mouth US-18Deep Creek - source to mouth US-19Blue Creek - source to mouth US-20Warm Springs Creek - source to mouth US-21Crooked Creek - source to mouth US-22Chandler Canyon complex US-1Birch Creek - Reno Ditch to playas US-2Birch Creek - Pass Creek to Reno Ditch Birch Creek - Unnamed Tributary (T11N, R11W, Sec. 35)  to Pass Creek US-4 Unnamed Tributary - source to mouth; includes Timber Canyon to Worthing Canyon Creeks (T11N, R11W, Sec. 35)

Birch Creek - confluence of Mud and Scott Canyon Creeks to Unnamed Tributary (T11N, R11W, Sec. 35)

US-6Scott Canyon Creek - source to mouth US-7Mud Creek - Willow Creek to Scott Canyon Creek US-8Cedar Gulch and Irish Canyon - source to mouth US-9Willow Creek - source to mouth Mud Creek - Unnamed Tributary (T12N, R11W, Sec. 29)  to Willow Creek US-11Mud Creek - source to Unnamed Tributary (T12N, R11W, Sec. 29)

US-12Unnamed Tributary - source to mouth (T12N, R11W, Sec. 29)

US-13Meadow Canyon Creek - source to mouth US-14Rocky Canyon Creek - source to mouth US-15Pass Creek - source to mouth US-16Eightmile Canyon Creek - source to mouth

19.Little Lost Subbasin. The Little Lost Subbasin, HUC 17040217, is comprised of twenty-nine (29)

US-1Little Lost River - canal (T06N, R28E) to playas US-2Little Lost River - Big Spring Creek to canal (T06N, R28E)

US-3Big Spring Creek - source to mouth US-4North Creek - source to mouth US-5Uncle Ike Creek - source to mouth US-6Unnamed Tributaries - source to mouth (T08N, R28E)

US-7Little Lost River - Badger Creek to Big Spring Creek US-8Badger Creek - source to mouth US-9Little Lost River - Wet Creek to Badger Creek Little Lost River - confluence of Summit and  Sawmill Creeks to Wet Creek US-11Deep Creek - source to mouth US-12Sawmill Creek - Warm Creek to mouth US-13Warm Creek - source to mouth US-14 Sawmill Creek - confluence of Timber Creek and  Main Fork to Warm Creek US-15Squaw Creek - source to mouth US-16Bear Creek - source to mouth US-17Main Fork - source to mouth US-18Timber Creek - source to mouth US-19Summit Creek - source to mouth US-20Dry Creek - Dry Creek Canal to mouth US-21Dry Creek - source to Dry Creek Canal US-22Wet Creek - Squaw Creek to mouth US-23Squaw Creek - source to mouth US-24Wet Creek - source to Squaw Creek US-25Deer Creek - source to mouth US-26Taylor Canyon Creek - source to mouth US-27Cabin Fork Creek - source to mouth

20.Big Lost Subbasin. The Big Lost Subbasin, HUC 17040218, is comprised of sixty-one (61) water US-28Hurst Creek - source to mouth US-29Unnamed Tributary - source to mouth (T5N, R29E, Sec. 04 and 09)

US-1Big Lost River Sinks (playas) and Dry Channel US-2Big Lost River - Spring Creek to Big Lost River Sinks (playas)

US-3Spring Creek - Lower Pass Creek to Big Lost River US-4Big Lost River - Antelope Creek to Spring Creek King, Lime Kiln, Ramshorn, and Anderson Canyon Creek  - source to mouth US-6Lower Pass Creek - source to mouth US-7Big Lost River - Alder Creek to Antelope Creek Elbow, Jepson, Clark, Maddock, and Jaggles Canyon Creek  - source to mouth US-9Pass Creek - source to mouth US-10Big Lost River - Beck and Evan Ditch to Alder Creek US-11Big Lost River - McKay Reservoir Dam to Beck and Evan Ditch US-12McKay Reservoir US-13Big Lost River - Jones Creek to McKay Reservoir US-14Jones Creek - source to mouth US-15Big Lost River - Thousand Springs Creek to Jones Creek US-16Thousand Springs Creek - source to mouth US-17Lone Cedar Creek - source to mouth US-18Cedar Creek - source to mouth US-19Rock Creek - source to mouth US-20Willow Creek - source to mouth Arentson Gulch and Unnamed Tributaries - source to mouth  (T10N, R22E)

US-22Sage Creek - source to mouth US-23 Parsons Creek - T8N, R22E, Sec. 24, point of perennial  flow north of road to Mackay Reservoir US-24Big Lost River - Burnt Creek to Thousand Springs Creek US-25Big Lost River - Summit Creek to and including Burnt Creek US-26Bridge Creek - source to mouth US-27North Fork Big Lost River - source to mouth US-28Summit Creek - source to mouth US-29Kane Creek - source to mouth US-30Wildhorse Creek - Fall Creek to mouth US-31Wildhorse Creek - source to Fall Creek US-32Fall Creek - source to mouth US-33East Fork Big Lost River - Cabin Creek to mouth US-34Fox Creek - source to mouth US-35Star Hope Creek - Lake Creek to mouth US-36Star Hope Creek - source to Lake Creek US-37Muldoon Canyon Creek - source to mouth US-38Lake Creek - source to mouth US-39East Fork Big Lost River - source to Cabin Creek US-40Cabin Creek - source to mouth US-41Corral Creek - source to mouth US-42Boone Creek - source to mouth US-43Warm Springs Creek - source to mouth US-44Navarre Creek - source to mouth US-45Alder Creek - source to mouth US-46Antelope Creek - Spring Creek to mouth US-47Antelope Creek - Dry Fork Creek to Spring Creek US-48Spring Creek - source to mouth US-49 Cherry Creek - confluence of Left Fork Cherry  and Lupine Creeks to mouth

21.Big Wood Subbasin. The Big Wood Subbasin, HUC 17040219, is comprised of thirty (30) water US-50Lupine Creek - source to mouth US-51Left Fork Cherry Creek - source to mouth US-52Antelope Creek - Iron Bog Creek to Dry Fork Creek US-53Bear Creek - source to mouth US-54 Iron Bog Creek - confluence of Left and Right Fork  Iron Bog Creeks to mouth US-55Right Fork Iron Bog Creek - source to mouth US-56Left Fork Iron Bog Creek - source to mouth US-57Antelope Creek - source to Iron Bog Creek US-58Leadbelt Creek - source to mouth US-59Dry Fork Creek - source to mouth US-60South Fork Antelope Creek - Antelope Creek to mouth US-61Hammond Spring Creek complex Malad River - confluence of Black Canyon Creek and  Big Wood River to mouth US-2Big Wood River - Magic Reservoir Dam to mouth US-3Magic Reservoir COLDPCR US-4Big Wood River - Seamans Creek to Magic Reservoir US-5Seamans Creek - Slaughterhouse Creek to mouth US-6Seamans Creek - source to and including Slaughterhouse Creek US-7Big Wood River - North Fork Big Wood River to Seamans Creek US-8Quigley Creek - source to mouth US-9Indian Creek - source to mouth US-10East Fork Wood River - Hyndman Creek to mouth US-11East Fork Wood River - source to Hyndman Creek US-12Hyndman Creek - source Creek to mouth US-13Trail Creek - Corral Creek to mouth

22.Camas Subbasin. The Camas Subbasin, HUC 17040220, is comprised of twenty-seven (27) water US-14Trail Creek - source to and including Corral Creek US-15Lake Creek - source to mouth US-16Eagle Creek - source to mouth US-17North Fork Big Wood River - source to mouth US-18Big Wood River - source to North Fork Big Wood River US-19Boulder Creek - source to mouth US-20Prairie Creek - source to mouth US-21Baker Creek - source to mouth US-22Fox Creek - source to mouth US-23Warm Springs Creek - Thompson Creek to mouth US-24Warm Springs Creek - source to and including Thompson Creek US-25Greenhorn Creek - source to mouth US-26Deer Creek - source to mouth US-27Croy Creek - source to mouth US-28Rock Creek - source to mouth US-29Thorn Creek - source to mouth US-30Black Canyon Creek - source to mouth US-1Camas Creek - Elk Creek to Magic Reservoir US-2Camp Creek - source to mouth US-3Willow Creek - Beaver Creek to mouth US-4Beaver Creek - source to mouth US-5Willow Creek - source to Beaver Creek US-6Elk Creek - source to mouth US-7Camas Creek - Solider Creek to Elk Creek US-8Deer Creek - Big Deer Creek to mouth US-9Deer Creek - source to and including Big Deer Creek

23.Little Wood Subbasin. The Little Wood Subbasin, HUC 17040221, is comprised of twenty-three (23) water body units.

US-10Powell Creek - source to mouth US-11Soldier Creek - Wardrop Creek to mouth US-12Soldier Creek - source to and including Wardrop Creek US-13Camas Creek - Corral Creek to Soldier Creek US-14Threemile Creek - source to mouth US-15 Corral Creek - confluence of East Fork and  West Fork Corral Creeks to mouth US-16East Fork Corral Creek - source to mouth US-17West Fork Corral Creek - source to mouth US-18Camas Creek - source to Corral Creek US-19Chimney Creek - source to mouth US-20Negro Creek - source to mouth US-21Wildhorse Creek - source to mouth US-22Malad River - source to mouth US-23Mormon Reservoir US-24Dairy Creek - source to Mormon Reservoir US-25McKinney Creek - source to Mormon Reservoir US-26Spring Creek Complex US-27Kelly Reservoir US-1Little Wood River - Richfield (T04S, R19E, Sec. 25) to mouthCOLDPCR Little Wood River - Carey Lake outlet to Richfield  (T04S, R19E, Sec. 25)

US-3Little Wood River - West Canal (north) to West Canal (south)

US-4Carey Lake outlet US-5Carey Lake US-6Fish Creek - Fish Creek Reservoir Dam to mouth US-7Fish Creek Reservoir

IDAPA 58.01.02.151 (Reserved)

IDAPA 58.01.02.160 Bear River Basin

Surface waters found within the Bear River basin total six (6) subbasins and are designated as follows:(3-31-22)

01.Central Bear Subbasin. The Central Bear Subbasin, HUC 16010102, is comprised of eight (8)

US-8Fish Creek - source to Fish Creek Reservoir US-9West Fork Fish Creek - source to Fish Creek Reservoir Little Wood River - Little Wood River Reservoir Dam  to Carey Lake Outlet US-11Little Fish Creek - source to mouth US-12Little Wood River Reservoir US-13Little Wood River - Muldoon Creek to Little Wood River Reservoir US-14Muldoon Creek -source to mouth US-15South Fork Muldoon Creek - Friedman Creek to mouth US-16South Fork Muldoon Creek - source to Friedman Creek US-17Friedman Creek - Trail Creek to mouth US-18Trail Creek - source to mouth US-19Friedman Creek - source to Trail Creek US-20Little Wood River - source to Muldoon Creek US-21Baugh Creek - source to mouth US-22Dry Creek - source to mouth US-23Silver Creek - source to mouth B-1 Bear River - Idaho/Wyoming border to railroad bridge  (T14N, R45E, Sec. 21)

B-2Pegram Creek - source to mouth B-3Thomas Fork - Idaho/Wyoming border to mouth

02.Bear Lake Subbasin. The Bear Lake Subbasin, HUC 16010201, is comprised of twenty-five (25)

B-4 Raymond Creek - Idaho/Wyoming border to mouth;  and the Hollows - source to mouth B-5Dry Creek - source to mouth B-6Preuss Creek - source to mouth B-7Salt Creek - source to Idaho/Wyoming border B-8Sheep Creek - source to mouth B-1Alexander Reservoir (Bear River)

B-2 Bear River -railroad bridge (T14N, R45E, Sec. 21)  to Alexander Reservoir B-3Bailey Creek - source to mouth B-4Eightmile Creek - source to mouth B-5Pearl Creek - source to mouth B-6Stauffer Creek - source to mouth B-7Skinner Creek - source to mouth B-8Co-op Creek - source to mouth B-9Ovid Creek - confluence of North and Mill Creek to mouth B-10North Creek - source to mouth B-11Mill Creek - source to mouth B-12Bear Lake Outlet - Lifton Station to Bear River

03.Middle Bear Subbasin. The Middle Bear Subbasin, HUC 16010202, is comprised of twenty-one (21) water body units.

B-13Paris Creek - source to mouth B-14Bloomington Creek - source to mouth B-15Spring Creek - source to mouth B-16Little and St. Charles Creeks - source to Bear Lake B-17Dry Canyon Creek - source to mouth B-18Bear Lake B-19Fish Haven Creek - source to Bear Lake B-20Montpelier Creek - source to mouth B-21Snowslide Creek - source to mouth B-22Georgetown Creek - source to mouth B-23 Soda Creek - Soda Creek Reservoir Dam  to Alexander Reservoir B-24Soda Creek ReservoirSCR B-25Soda Creek - source to Soda Creek ReservoirSCR B-1Spring Creek - source to Idaho/Utah border B-2 Cub River - US Hwy 91 Bridge (T16S, R40E, Sec. 20)  to Idaho/Utah border B-3 Cub River - from and including Sugar Creek to US Hwy 91 Bridge (T16S, R40E, Sec. 20)

B-4Cub River - source to Sugar Creek B-5Worm Creek - source to Idaho/Utah borderCOLDSCR B-6Bear River - Oneida Narrows Reservoir Dam to Idaho/Utah border

04.Little Bear-Logan Subbasin. The Little Bear-Logan Subbasin, HUC 16010203, is comprised of two (2) water body units.

05.Lower Bear-Malad Subbasin. The Lower Bear-Malad Subbasin, HUC 16010204, is comprised of thirteen (13) water body units.

B-7Mink Creek - source to mouth B-8Oneida Narrows Reservoir B-9Bear River - Alexander Reservoir Dam to Oneida Narrows Reservoir B-10Williams Creek - source to mouth B-11Trout Creek - source to mouth B-12Whiskey Creek - source to mouth B-13Densmore Creek - source to mouth B-14Cottonwood Creek - source to Oneida Narrows Reservoir B-15Battle Creek - source to mouthCOLDSCR B-16Twin Lakes Reservoir B-17Oxford Slough B-18Swan Lake Creek Complex B-19Fivemile Creek - source to mouth B-20Weston Creek - source to mouth B-21Jenkins Hollow - source to Idaho/Utah border B-1Beaver Creek - source to Idaho/Utah border B-2Logan River - source to Idaho/Utah border B-1Malad River - Little Malad River to Idaho/Utah borderCOLDSCR B-2Devil Creek - Devil Creek Reservoir Dam to mouth B-3Devil Creek Reservoir B-4Devil Creek - source to Devil Creek Reservoir

06.Curlew Valley Subbasin. The Curlew Valley Subbasin, HUC 16020309, is comprised of three (3)

IDAPA 58.01.02.161 (Reserved)

IDAPA 58.01.02.200 General Surface Water Quality Criteria

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-5Deep Creek - Deep Creek Reservoir Dam to mouth B-6Deep Creek Reservoir B-7Deep Creek - source to Deep Creek Reservoir B-8Little Malad River - Daniels Reservoir Dam to mouthCOLDPCR B-9Daniels Reservoir B-10Wright Creek - source to Daniels Reservoir B-11Dairy Creek - source to mouth B-12Malad River - source to Little Malad RiverCOLDPCRDWS B-13Samaria Creek - source to mouth B-1Deep Creek - Rock Creek to Idaho/Utah borderCOLDPCRDWS B-2Deep Creek - source to Rock CreekCOLDPCRDWS B-3Rock Creek - source to mouth

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)

05.Floating, Suspended or Submerged Matter. Surface waters of the state shall be free from floating, suspended, or submerged matter of any kind in concentrations causing nuisance or objectionable conditions or that may impair designated beneficial uses. This matter does not include suspended sediment produced as a result of nonpoint source activities.(3-31-22)

06.Excess Nutrients. Surface waters of the state shall be free from excess nutrients that can cause visible slime growths or other nuisance aquatic growths impairing designated beneficial uses.(3-31-22)

07.Oxygen-Demanding Materials. Surface waters of the state shall be free from oxygen-demanding materials in concentrations that would result in an anaerobic water condition.(3-31-22)

08.Sediment. Sediment shall not exceed quantities specified in Sections 250 and 252, or, in the absence of specific sediment criteria, quantities which impair designated beneficial uses. Determinations of impairment shall be based on water quality monitoring and surveillance and the information utilized as described in Section 350.(3-31-22)

09.Natural Background Conditions as Criteria. When natural background conditions exceed any applicable water quality criteria set forth in Sections 210, 250, 251, 252, or 253, the applicable water quality criteria shall not apply; instead, there shall be no lowering of water quality from natural background conditions. Provided, however, that temperature may be increased above natural background conditions when allowed under Section 401.

IDAPA 58.01.02.201 (Reserved)

IDAPA 58.01.02.210 Numeric Criteria for Toxic Substances for Waters Designated for

AQUATIC LIFE, RECREATION, OR DOMESTIC WATER SUPPLY USE.

01.Criteria for Toxic Substances. The criteria of Section 210 apply to surface waters of the state as provided in Tables 1 and 2. Criteria for metals (arsenic through zinc) listed in Tables 1 and 2 are expressed as a dissolved fraction (i.e., passes through a forty-five hundredths (0.45) micron filter) unless otherwise noted. (4-6-23)

a.Table 1 contains criteria to protect aquatic life.(4-6-23)

Inorganic Compounds/Metals Arsenic7440382340c150c Cadmium74404391.3f0.6f Chromium III16065831570f74f Chromium VI1854029916c11c Copper744050812.3k7.6k Lead743992165f2.5f Mercury7439976ee Note: In 2005, Idaho adopted EPA's recommended methylmercury fish tissue criterion for protection of human health (docket 58-0102-0302). The decision was made to remove the old tissue-based aquatic life criteria and rely on the fish tissue criterion to provide protection for aquatic life as well as human health. Thus, current Idaho water quality standards do not have mercury water column criteria for the protection of aquatic life. While EPA approved Idaho's adoption of the fish tissue criterion in September 2005, it had withheld judgment on Idaho's removal of aquatic life criteria.

On December 12, 2008, EPA disapproved Idaho's removal of the old aquatic life criteria. The water column criteria for total recoverable mercury published in 2004 Idaho Administrative Code continue to apply and are effective for CWA purposes. For more information go to http://www.deq.idaho.gov/epa-actions-on-proposed-standards.

Nickel7440020470f52f Selenium7782492ml Silver74402243.4f Zinc7440666120f120f Inorganic Compounds/Non-Metals Chlorine19h11h Cyanide5712522g5.2g Organic Compounds Acrolein10702833 Aldrin390023 gamma-BHC (Lindane)5889920.08 Carbaryl632522.12.1 Chlordane577492.40.0043 4,4’-DDT502931.10.001 Diazinon3334150.170.17 Dieldrin605712.50.0019 alpha-Endosulfan9599880.220.056 beta-Endosulfan332136590.220.056 Endrin722080.180.0023 Heptachlor764480.520.0038 Heptachlor Epoxide10245730.520.0038 Pentachlorophenol8786520i13i Polychlorinated Biphenyls PCBs j0.014j Toxaphene80013520.730.0002 Footnotes for Table 1. Criteria for Protection of Aquatic Life

a.Chemical Abstracts Service (CAS) registry numbers which provide a unique identification for each chemical.

b.See definitions of Acute Criteria (CMC) and Chronic Criteria (CCC), Section 010 of these rules.

c.Criteria for these metals are expressed as a function of the water effect ratio, WER, as defined in Subsection 210.03.c.iii. CMC = CMC column value X WER. CCC = CCC column value X WER.

d.Criterion expressed as total recoverable (unfiltered) concentrations.

e.No aquatic life criterion is adopted for inorganic mercury. However, the narrative criteria for toxics in Section 200 of these rules applies. The Department believes application of the human health criterion for methylmercury will be protective of aquatic life in most situations.

f.Aquatic life criteria for these metals are a function of total hardness (mg/L as calcium carbonate), the pollutant’s water effect ratio (WER) as defined in Subsection 210.03.c.iii. and multiplied by an appropriate dissolved conversion factor as defined in Subsection 210.02. For comparative purposes only, the example values displayed in this table are shown as dissolved metal and correspond to a total hardness of one hundred (100) mg/L and a water effect ratio of one (1.0).

g.Criteria are expressed as weak acid dissociable (WAD) cyanide.

h.Total chlorine residual concentrations.

i.Aquatic life criteria for pentachlorophenol are expressed as a function of pH, and are calculated as follows.

Values displayed above in the table correspond to a pH of seven and eight tenths (7.8).

CMC = exp(1.005(pH)-4.830)

CCC = exp(1.005(pH)-5.290)

j.PCBs are a class of chemicals which include Aroclors, 1242, 1254, 1221, 1232, 1248, 1260, and 1016, CAS numbers 53469219, 11097691, 11104282, 11141165, 12672296, 11096825 and 12674112 respectively. The aquatic life criteria apply to this set of PCBs.

k.Aquatic life criteria for copper shall be derived in accordance with Subsection 210.03.c.v. For comparative purposes only, the example values displayed in this table correspond to the Biotic Ligand Model output based on the following inputs: temperature = 14.9°C, pH = 8.16, dissolved organic carbon = 1.4 mg/L, humic acid fraction = 10%, calcium = 44.6 mg/L, magnesium = 11.0 mg/L, sodium = 11.7 mg/L, potassium = 2.12 mg/L, sulfate = 46.2 mg/L, chloride = 12.7 mg/L, alkalinity = 123 mg/L CaCO3, and sulfide = 1.00 x 10 -8 mg/L.

l.ChronicShort-term Egg-Ovary (mg/kg dw)Fish Tissue (mg/kg dw)Water Column (μg/L)Water Column (μg/L)

Egg-OvaryWhole-BodyMuscleWater LenticWater LoticWater 15.1 8.5 11.3 1.5 (30 day average) 3.1 (30 day average)

Intermittent Exposure Equation 3.4 1.Egg-ovary supersedes any whole-body, muscle, or water column element when fish egg-ovary concentrations are measured. Single measurement of an average or composite sample of at least five (5) individuals of the same species. Not to be exceeded; DEQ will evaluate all representative egg-ovary data to determine compliance with this

b.Table 2 contains criteria to protect human health. The Water & Fish criteria apply to waters designated for domestic water supply use. The Fish Only criteria apply to waters designated for primary or secondary contact recreation use.(4-6-23) 2.Fish whole-body or muscle tissue supersedes water column element when both fish tissue and water concentrations are measured. Single measurement of an average or composite sample of at least five (5) individuals of the same species where the smallest individual is no less than seventy-five percent (75%) of the total length (size) of the largest individual. Not to be exceeded; DEQ will evaluate all representative whole body or muscle data to determine 3.Water column values are based on dissolved total selenium in water and are derived from fish tissue values via bioaccumulation modeling. Water column values are the applicable criterion element in the absence of steady-state condition fish tissue data. In fishless waters, selenium concentrations in fish from the nearest downstream waters may be used to assess compliance using methods provided in Aquatic Life Ambient Water Quality Criterion for Selenium – Freshwater, EPA-822-R-16-006, Appendix K: Translation of a Selenium Fish Tissue Criterion Element to a Site-Specific Water Column Value (June 2016) . 4.Intermittent Exposure Equation= where WQC is the applicable water column element, for either lentic or lotic waters; C bkgrnd is the average background selenium concentration, and f int is the fraction of any 30-day period during which elevated selenium concentrations occur, with f int assigned a value ≥ 0.033 (corresponding to one day).

m.There is no specific acute criterion for aquatic life; however, the aquatic life criterion is based on chronic effects of the selenium on aquatic life and is expected to adequately protect against acute effects.

Inorganic Compounds/Metals Antimony74403605.2b190b Arsenic7440382Y10cdj 4.3; 8.0 μg/kg fish tissue ck Beryllium7440417ee Cadmium7440439ee Chromium III16065831ee Chromium VI18540299ee Copper74405081300j Lead7439921ee Methylmercury229679260.3mg/kgi Nickel744002058b100b Selenium778249229b250b Thallium7440280 0.017b0.023b Zinc7440666870b1,500b Inorganic Compounds/Non-Metals Cyanide571253.9b140b Asbestos1332214 7,000,000 Fibers/L j Organic Compounds Acenaphthene8332926b28b Acenaphthylene208968ee Acrolein1070283.2b120b Acrylonitrile107131Y0.60bf22bf Aldrin309002Y2.5E-06bf2.5E-06bf Anthracene120127110b120b alpha-BHC319846Y0.0012bf0.0013bf beta-BHC319857Y0.036bf0.045bf gamma-BHC (Lindane)588991.4b1.4b delta-BHC319868ee Benzene714323.0bf28b Benzidine92875Y0.0014bf0.033bf Benzo(a)Anthracene56553Y0.0042bf0.0042bf Benzo(b)Fluoranthene205992Y0.0042bf 0.0042bf Benzo(k)Fluoranthene207089Y0.042bf0.042bf Benzo(ghi)Perylene191242ee Benzo(a)Pyrene50328Y0.00042bf0.00042bf Bis(2-Chloroethoxy)

Methane 111911ee Bis(2-Chloroethyl) Ether111444Y0.29bf6.8bf Bis(2-Chloroisopropyl) 108601220b1,200b Bis(Chloromethyl) Ether542881Y0.0015bf0.055bf Bis(2-Ethylhexyl)

Phthalate 117817Y1.2bf1.2bf Bromoform75252Y62bf380bf 4-Bromophenyl Phenyl 101553ee Butylbenzyl Phthalate856870.33b0.33b Carbon Tetrachloride56235Y3.6bf15bf Chlorobenzene10890789b270b Chlordane57749Y0.0010bf0.0010bf Chlorodibromomethane124481Y7.4bf67bf Chloroethane75003ee 2-Chloroethylvinyl Ether110758ee Chloroform6766361b730b 2-Chloronaphthalene91587330b380b 2-Chlorophenol9557830b260b Chlorophenoxy Herbicide (2,4-D) 947571,000b3,900b Chlorophenoxy Herbicide (2,4,5-TP) [Silvex] 9372182b130b 4-Chlorophenyl Phenyl 7005723ee Chrysene218019Y0.42bf0.42bf 4,4'-DDD72548Y0.00042bf0.00042bf 4,4'-DDE72559Y5.5E-05bf5.5E-05bf 4,4'-DDT50293Y9.8E-05bf9.8E-05bf Di-n-Butyl Phthalate 847428.2b8.3b Di-n-Octyl Phthalate117840ee Dibenzo (a,h) Anthracene53703Y0.00042bf0.00042bf 1,2-Dichlorobenzene95501700b1,100b 1,3-Dichlorobenzene5417313.5b4.8b 1,4-Dichlorobenzene106467180b300b 3,3'-Dichlorobenzidine91941Y0.29bf0.48bf Dichlorobromomethane75274Y8.8bf86bf 1,1-Dichloroethane75343ee 1,2-Dichloroethane107062Y96bf2,000bf 1,1-Dichloroethylene75354310b5,200b 2,4-Dichlorophenol1208329.6b19b 1,2-Dichloropropane78875Y8.5bf98bf 1,3-Dichloropropene542756Y2.5bf38bf Dieldrin60571Y4.2E-06bf4.2E-06bf Diethyl Phthalate 84662200b210b 2,4-Dimethylphenol105679110b820b Dimethyl Phthalate 131113600b600b Dinitrophenols2555058713b320b 2,4-Dinitrophenol5128512b110b 2,4-Dinitrotoluene121142Y0.46bf5.5bf 2,6-Dinitrotoluene606202ee 1,2-Diphenylhydrazine122667Y0.25bf0.65bf 2, 3, 7, 8-TCDD Dioxin1746016Y1.8E-08bf1.9E-08bf alpha-Endosulfan9599887.0b8.5b beta-Endosulfan3321365911b14b Endosulfan Sulfate10310789.9b13b Endrin722080.011b0.011b Endrin Aldehyde74219340.38b0.40b Ethylbenzene10041432b41b Fluoranthene2064406.3b6.4b Fluorene8673721b22b Heptachlor76448Y2.0E-05bf2.0E-05bf Heptachlor Epoxide1024573Y0.00010bf0.00010bf Hexachlorobenzene118741Y0.00026bf0.00026bf Hexachlorobutadiene87683Y0.031bf0.031bf Hexachlorocyclohexane (HCH)-Technical 608731Y0.027bf0.032bf Hexachlorocyclopentadiene 774741.3b1.3b Hexachloroethane677210.23b0.24b Ideno (1,2,3-cd) Pyrene193395Y0.0042bf0.0042bf Isophorone78591Y330bf6,000bf Methoxychlor724350.0054b0.0055b Methyl Bromide74839130b3,700b Methyl Chloride74873ee 3-Methyl-4-Chlorophenol59507350b750b 2-Methyl-4,6-Dinitrophenol5345211.6b8.6b Methylene Chloride7509238b960b Naphthalene91203ee Nitrobenzene9895312b180b 2-Nitrophenol88755ee 4-Nitrophenol100027ee N-Nitrosodimethylamine62759Y0.0065bf9.1bf N-Nitrosodi-n-Propylamine621647Y0.046bf1.5bf N-Nitrosodiphenylamine86306Y3.14bf18bf Pentachlorobenzene6089350.035b0.036b Pentachlorophenol87865Y0.11bf0.12bf Phenanthrene85018ee Phenol1089523,800b85,000b Polychlorinated Biphenyls PCBs gY0.00019bfh0.00019bfh Pyrene1290008.1b8.4b 1,2,4,5- Tetrachlorobenzene 959430.0093b0.0094b 1,1,2,2-Tetrachloroethane79345Y1.4bf8.6bf Tetrachloroethylene12718415b23b Toluene10888347b170b Toxaphene8001352Y0.0023bf0.0023bf 1,2-Trans- Dichloroethylene 156605120b1,200b 1,2,4-Trichlorobenzene1208210.24b0.24b 1,1,1-Trichloroethane7155611,000b56,000b 1,1,2-Trichloroethane79005Y4.9bf29bf Trichloroethylene790162.6b11b 2,4,5-Trichlorophenol95954140b190b 2,4,6-Trichlorophenol880621.5b2.0b Vinyl Chloride75014Y0.21bf5.0bf Footnotes for Table 2. Criteria for Protection of Human Health

a.Chemical Abstracts Service (CAS) registry numbers which provide a unique identification for each chemical.

b.This criterion is based on input values to human health criteria calculation specified in Idaho's Technical Support Document (TSD) for Human Health Criteria Calculations - 2015 . Criteria for non-carcinogens are calculated using the formula:

BW AWQC = RfD * RSC * (-----------------------)

DI + (FI * BAF) and criteria for carcinogens are calculated using the formula:

BW AWQC = RSD *

(-----------------------)

DI + (FI * BAF)

Where:

AWQC = Ambient water quality criterion (mg/L)

BW = Human Body Weight (kg), 80 is used in these criteria DI = Drinking Water Intake, (L/day), 2.4 is used in these criteria FI = Fish Intake, (kg/day), 0.0665 is used in these criteria BAF = Bioaccumualtion Factor, L/kg, chemical specific value, see TSD RfD = Reference dose (mg/kg-day), chemical specific value, see TSD Target Incremental Cancer Risk RSD = ---------------------------------------------- (mg/kg-day), chemical specific value, see TSD Cancer Potency Factor RSC = Relative Source Contribution, chemical specific value, see TSD

c.Inorganic forms only.

d.Criterion expressed as total recoverable (unfiltered) concentrations.

e.No numeric human health criteria has been established for this contaminant. However, permit authorities should address this contaminant in NPDES permit actions using the narrative criteria for toxics from Section 200 of these rules.

f.EPA guidance allows states to choose from a range of 10 -4 to 10 -6 for the incremental increase in cancer risk used in human health criteria calculation. Idaho has chosen to base this criterion on carcinogenicity of 10 -5 risk.

g.PCBs are a class of chemicals which include Aroclors, 1242, 1254, 1221, 1232, 1248, 1260, and 1016, CAS numbers 53469219, 11097691, 11104282, 11141165, 12672296, 11096825 and 12674112 respectively. The aquatic life criteria apply to this set of PCBs.

h.This criterion applies to total PCBs, (e.g. the sum of all congener, isomer, or Aroclor analyses).

(4-6-23)

02.Factors for Calculating Hardness Dependent Metals Criteria. Hardness dependent metals criteria are calculated using values from the following table in the equations:(3-31-22)

a.CMC=WER exp{mA[ln(hardness)]+bA} X Acute Conversion Factor.(3-31-22)

b.CCC=WER exp{mc[ln(hardness)]+bc} X Chronic Conversion Factor.

i.This fish tissue residue criterion (TRC) for methylmercury is based on a human health reference dose (RfD) of 0.0001 mg/kg body weight-day; a relative source contribution (RSC) estimated to be 27% of the RfD; a human body weight (BW) of 70 kg (for adults); and a total fish consumption rate of 0.0175 kg/day for the general population, summed from trophic level (TL) breakdown of TL2 = 0.0038 kg fish/day + TL3 = 0.0080 kg fish/day + TL4 = 0.0057 kg fish/day. This is a criterion that is protective of the general population. A site-specific criterion or a criterion for a particular subpopulation may be calculated by using local or regional data, rather than the above default values, in the formula: TRC = [BW x {RfD – (RSCxRfD)}] / TL. In waters inhabited by species listed as threatened or endangered under the Endangered Species Act or designated as their critical habitat, the Department will apply the human health fish tissue residue criterion for methylmercury to the highest trophic level available for sampling and analysis.

j.This criterion is based on the drinking water Maximum Contaminant Level (MCL).

k.For Fish Only exposure to inorganic arsenic, the human health criterion is:

Fish Tissue (μg/kg wet-weight)Water Column (μg/L) 8.0 4.3 Fish tissue element is based on total recoverable inorganic arsenic in muscle or fillet. The fish tissue element supersedes the water column element provided at least ninety (90) days have passed since any new activity or discharge has occurred within the water body. Fish tissue element will be applied in accordance with Subsection 210.03.e.

Water column element is based on dissolved inorganic arsenic in water.

MetalmAbAmcbc aAcute Conversion Factor aChronic Conversion Factor Cadmium0.8367-3.5600.6247-3.344 0.944 see footnote a 0.909 Chromium (III)0.8193.72560.81900.68480.3160.860 Chromium (VI)bbbb0.9820.962 Lead1.273-1.4601.273-4.7050.7910.791 Mercurybbbb0.850.85 Nickel0.8462.2550.84600.05840.9980.997 Silver1.72-6.52cc0.85c  (7-1-26)

03.Applicability. The criteria established in Section 210 are subject to the general rules of applicability in the same way and to the same extent as are the other numeric chemical criteria when applied to the same use classifications. Mixing zones may be applied to toxic substance criteria subject to the limitations set forth in Section 060 and set out below.(3-31-22)

a.For all waters for which the Department has determined mixing zones to be applicable, the toxic substance criteria apply at the boundary of the mixing zone(s) and beyond. Absent an authorized mixing zone, the toxic substance criteria apply throughout the waterbody including at the end of any discharge pipe, canal or other discharge point.(3-31-22)

b.Low flow design conditions. Water quality-based effluent limits and mixing zones for toxic substances shall be based on the following low flows in perennial receiving streams. Numeric chemical criteria may be exceeded in perennial streams outside any applicable mixing zone only when flows are less than these values:

i.Where “1Q10” is the lowest one-day flow with an average recurrence frequency of once in ten (10) years determined hydrologically;(3-31-22)

ii.Where “1B3” is biologically based and indicates an allowable exceedance of once every three (3) years. It may be determined by EPA’s computerized method (DFLOW model);(3-31-22)

iii.Where “7Q10” is the lowest average seven (7) consecutive day low flow with an average recurrence frequency of once in ten (10) years determined hydrologically;(3-31-22)

iv.Where “4B3” is biologically based and indicates an allowable exceedance for four (4) consecutive days once every three (3) years. It may be determined by EPA’s computerized method (DFLOW model);(3-31-22)

Zinc0.84730.8840.84730.8840.9780.986 Note to table: The term “exp” represents the base e exponential function.

Footnotes to table:

a.Conversion factors (CF) are from “Stephan, C. E. 1995. Derivation of conversion factors for the calculation of dissolved freshwater aquatic life criteria for metals. U.S. Environmental Protection Agency, Environmental Research Laboratory – Duluth.” The conversion factors for cadmium and lead are hardness-dependent and can be calculated for any hardness (see limitations in Subsection 210.03.b.i.) using the following equations. For comparative purposes, the conversion factors for a total hardness of one hundred (100) mg/L are shown in the table. The conversion factor shall not exceed one (1).

Cadmium Acute: CF=1.136672–[(ln hardness)(0.041838)] NOTE: The cadmium acute criterion equation was derived from dissolved metals toxicity data and thus requires no conversion; this conversion factor may be used to back calculate an equivalent total recoverable concentration.

Chronic: CF=1.101672–[(ln hardness)(0.041838)]

Lead (Acute and Chronic): CF=1.46203–[(ln hardness)(0.145712)

b.Not applicable

c.No chronic criteria are available for silver.

Aquatic LifeHuman Health CMC (“acute” criteria)1Q10 or 1B3Non-carcinogensHarmonic mean flow CCC (“chronic” criteria)7Q10 or 4B3CarcinogensHarmonic mean flow

v.Where the harmonic mean flow is a long term mean flow value calculated by dividing the number of daily flows analyzed by the sum of the reciprocals of those daily flows.(3-31-22)

c.Application of aquatic life metals criteria.(3-31-22)

i.For metals other than cadmium, for purposes of calculating hardness dependent aquatic life criteria from the equations in Subsection 210.02, the minimum hardness allowed for use in those equations shall not be less than twenty-five (25) mg/l, as calcium carbonate, even if the actual ambient hardness is less than twenty-five (25) mg/ l as calcium carbonate. For cadmium, the minimum hardness for use in those equations shall not be less than ten (10) mg/l, as calcium carbonate. The maximum hardness allowed for use in those equations shall not be greater than four hundred (400) mg/l, as calcium carbonate, except as specified in Subsections 210.03.c.ii. and 210.03.c.iii., even if the actual ambient hardness is greater than four hundred (400) mg/l as calcium carbonate.(3-31-22)

ii.The hardness values used for calculating aquatic life criteria for metals at design discharge conditions shall be representative of the ambient hardnesses for a receiving water that occur at the design discharge conditions given in Subsection 210.03.b.(3-31-22)

iii.Except as otherwise noted, the aquatic life criteria for metals (arsenic through zinc in Table 1 in Subsection 210.01) are expressed as dissolved metal concentrations. Unless otherwise specified by the Department, dissolved concentrations are considered to be concentrations recovered from a sample which has passed through a forty-five hundredths (0.45) micron filter. For the purposes of calculating aquatic life criteria for metals from the equations in footnotes c. and f. in Table 1 in Subsection 210.01, the water effect ratio is computed as a specific pollutant’s acute or chronic toxicity values measured in water from the site covered by the standard, divided by the respective acute or chronic toxicity value in laboratory dilution water. The water-effect ratio shall be assigned a value of one (1.0), except where the Department assigns a different value that protects the designated uses of the water body from the toxic effects of the pollutant, and is derived from suitable tests on sampled water representative of conditions in the affected water body, consistent with the design discharge conditions established in Subsection 210.03.b. For purposes of calculating water effects ratios, the term acute toxicity value is the toxicity test results, such as the concentration lethal one-half (1/2) of the test organisms (i.e., LC5O) after ninety-six (96) hours of exposure (e.g., fish toxicity tests) or the effect concentration to one-half of the test organisms, (i.e., EC5O) after forty-eight (48) hours of exposure (e.g., daphnia toxicity tests). For purposes of calculating water effects ratios, the term chronic value is the result from appropriate hypothesis testing or regression analysis of measurements of growth, reproduction, or survival from life cycle, partial life cycle, or early life stage tests. The determination of acute and chronic values shall be according to current standard protocols (e.g., those published by the American Society for Testing and Materials (ASTM)) or other comparable methods. For calculation of criteria using site-specific values for both the hardness and the wate r effect ratio, the hardness used in the equations in Subsection 210.02 shall be as required in Subsection 210.03.c.ii. Water hardness shall be calculated from the measured calcium and magnesium ions present, and the ratio of calcium to magnesium shall be approximately the same in laboratory toxicity testing water as in the site water, or be similar to average ratios of laboratory waters used to derive the criteria.(3-31-22)

iv.Implementation Guidance for the Idaho Mercury Water Quality Criteria.(3-31-22)

(1)The “Implementation Guidance for the Idaho Mercury Water Quality Criteria” describes in detail suggested methods for discharge related monitoring requirements, calculation of reasonable potential to exceed (RPTE) water quality criteria in determining need for mercury effluent limits, and use of fish tissue mercury data in calculating mercury load reductions. This guidance, or its updates, will provide assistance to the Department and the public when implementing the methylmercury criterion. The “Implementation Guidance for the Idaho Mercury Water Quality Criteria” also provides basic background information on mercury in the environment, the novelty of a fish tissue criterion for water quality, the connection between human health and aquatic life protection, and the relation of environmental programs outside of Clean Water Act programs to reducing mercury contamination of the environment. The “Implementation Guidance for the Idaho Mercury Water Quality Criteria” is available at the Department of Environmental Quality, 1410 N. Hilton, Boise, Idaho 83706, and on the DEQ website at https:// www.deq.idaho.gov.(3-31-22)

(2)The implementation of a fish tissue criterion in NPDES permits and TMDLs requires a nontraditional approach, as the basic criterion is not a concentration in water. In applying the methylmercury fish tissue criterion in the context of NPDES effluent limits and TMDL load reductions, the Department will assume change in fish tissue concentrations of methylmercury are proportional to change in water body loading of total mercury.

Reasonable potential to exceed (RPTE) the fish tissue criterion for existing NPDES sources will be based on measured fish tissue concentrations potentially affected by the discharge exceeding a specified threshold value, based on uncertainty due to measurement variability. This threshold value is also used for TMDL decisions. Because measured fish tissue concentrations do not reflect the effect of proposed new or increased discharge of mercury, RPTE in these cases will be based upon an estimated fish tissue methylmercury concentration, using projected changes in waterbody loading of total mercury and a proportional response in fish tissue mercury. For the above purposes, mercury will be measured in the skinless filets of sport fish using techniques capable of detecting tissue concentrations down to point zero five (0.05) mg/kg. Total mercury analysis may be used, but will be assumed to be all methylmercury for purposes of implementing the criterion.(3-31-22)

v.Copper Criteria for Aquatic Life.(3-31-22)

(1)Aquatic life criteria for copper shall be derived using:(3-31-22)

(a)Biotic Ligand Model (BLM) software that calculates criteria consistent with the “Aquatic Life Ambient Freshwater Quality Criteria – Copper”: EPA-822-R-07-001 (February 2007); or(3-31-22)

(b)An estimate derived from BLM outputs that is based on a scientifically sound method and protective of the designated aquatic life use.(3-31-22)

(2)To calculate copper criteria using the BLM, the following parameters from each site shall be used: temperature, pH, dissolved organic carbon (DOC), calcium, magnesium, sodium, potassium, sulfate, chloride, and alkalinity. The BLM inputs for humic acid (HA) as a proportion of DOC and sulfide shall be based on either measured values or the following default values: 10% HA as a proportion of DOC, 1.00 x 10 -8 mg/L sulfide.

Measured values shall supersede any estimate or default input.(3-31-22)

(3)BLM input measurements shall be planned to capture the most bioavailable conditions for copper.

(4)A criterion derived under Subsection 210.03.c.v.(1)(a) shall supersede any criterion derived under Subsection 210.03.c.v.(1)(b). Acceptable BLM software includes the “US EPA WQC Calculation” for copper in BLM Version 3.1.2.37 (October 2015).(3-31-22)

(5)Implementation Guidance for the Idaho Copper Criteria for Aquatic Life. The “Implementation Guidance for the Idaho Copper Criteria for Aquatic Life: Using the Biotic Ligand Model” describes in detail methods for implementing the aquatic life criteria for copper using the BLM. This guidance, or its updates, will provide assistance to the Department and the public for determining minimum data requirements for BLM inputs and how to estimate criteria when data are incomplete or unavailable. The “Implementation Guidance for the Idaho Copper Criteria for Aquatic Life: Using the Biotic Ligand Model” is available at the Department of Environmental Quality, 1410 N. Hilton, Boise, Idaho 83706, and on the DEQ website at https://www.deq.idaho.gov.(3-31-22)

d.Application of toxics criteria.(3-31-22)

i.Frequency and duration for aquatic life toxics criteria. CMC column criteria in Table 1 in Subsection 210.01 are concentrations not to be exceeded for a one-hour average more than once in three (3) years unless otherwise specified. CCC column criteria in Table 1 in Subsection 210.01 are concentrations not to be exceeded for a four-day average more than once in three (3) years unless otherwise specified.(3-31-22)

ii.Frequency and duration for human health toxics criteria. Criteria in Table 2, Subsection 210.01, are not to be exceeded based on an annual arithmetic mean concentration.(4-6-23)

e.Application of the fish tissue element of the arsenic criterion for human health.(4-6-23)

i.The fish tissue element for total recoverable inorganic arsenic is based on a single measurement using sufficiently sensitive methods.(4-6-23)

ii.The single measurement must be made on a sample that is an average or composite of a minimum of five (5) individual fish of the same species collected from the same water body within the same calendar year.

When available, game fish species representative of the size and species that may be legally harvested within the waterbody are preferred. Results from multiple sample events may be averaged or composited provided they represent the same species collected from the same water body within the same calendar year.(4-6-23)

iii.Not to be exceeded; the Department will evaluate all representative fish tissue data to determine compliance with this criterion element.(4-6-23)

iv.For purposes of determining water column targets for the development of effluent limits, TMDL targets, or water column targets for fishless waters, the fish tissue element may be translated to a water column value using a site-specific bioaccumulation factor (BAF) based on the ratio of total recoverable inorganic arsenic in fish muscle or fillet tissue to dissolved inorganic arsenic in the water column using the following equation:

Where:

WC (μg/L) is the translated water column value; and BAF L/kg is the site specific BAF calculated consistent with 210.03.e.v.

In fishless waters, surface water and fish tissue from the immediate downstream waters may be used for bioaccumulation modeling. In the absence of sufficient fish tissue data, the water column element is the applicable criterion element in fishless waters.(4-6-23)

v.When translating the fish tissue element to a water column value, the following procedures will be followed.(4-6-23)

(1)Data used to translate the fish tissue element must be based on current conditions and consistent with Subsections 210.03.e.i. and ii.(4-6-23)

(2)Whenever practical, fish tissue samples must be representative of the game fish species present within the waterbody and include game fish of legally harvestable size. In the absence of suitable game fish species, other resident fish species may be used.(4-6-23)

(3)Water column samples must be representative of the annual average concentration of dissolved inorganic arsenic at the site.(4-6-23)

(4)BAFs are calculated as a trophic-level weighted BAF.(7-1-26)

04.National Pollutant Discharge Elimination System Permitting. For the purposes of NPDES permitting, interpretation and implementation of metals criteria listed in Subsection 210.02 should be governed by the following standards, that are hereby incorporated by reference, in addition to other scientifically defensible methods deemed appropriate by the Department; provided, however, any identified conversion factors within these documents are not incorporated by reference. Metals criteria conversion factors are identified in Subsection 210.02 of this rule. a.“Guidance Document on Dissolved Criteria -- Expression of Aquatic Life Criteria,” EPA, October 1993.(3-31-22) b.“Guidance Document on Dynamic Modeling and Translators,” EPA, August 1993.(3-31-22) c.“Guidance Document on Clean Analytical Techniques and Monitoring,” EPA, October 1993. d.“Interim Guidance on Determination and Use of Water-Effect Ratios for Metals,” EPA, February 1994.(3-31-22) e.“Technical Support Document for Water Quality-Based Toxics Control.” EPA, March 1991.

05.Development of Toxic Substance Criteria.(3-31-22)

a.Aquatic Life Communities Criteria. Numeric criteria for the protection of aquatic life uses not identified in these rules for toxic substances, may be derived by the Department from the following information:

i.Site-specific criteria developed pursuant to Section 275;(3-31-22)

ii.Effluent biomonitoring, toxicity testing and whole-effluent toxicity determinations;(3-31-22)

iii.The most recent recommended criteria defined in EPA's ECOTOX database. When using EPA recommended criteria to derive water quality criteria to protect aquatic life uses, the lowest observed effect concentrations (LOECs) shall be considered; or(3-31-22)

iv.Scientific studies including, but not limited to, instream benthic assessment or rapid bioassessment.

b.Human Health Criteria.(3-31-22)

i.When numeric criteria for the protection of human health are not identified in these rules for toxic substances, quantifiable criteria may be derived by the Department using best available science on toxicity thresholds (i.e. reference dose or cancer slope factor), such as defined in EPA's Integrated Risk Information System (IRIS) or other peer-reviewed source acceptable to the Department.(3-31-22)

ii.When using toxicity thresholds to derive water quality criteria to protect human health, a fish consumption rate representative of the population to be protected, a mean adult body weight, an adult 90th percentile water ingestion rate, a trophic level weighted BAF or BCF, and a hazard quotient of one (1) for non-carcinogens or a cancer risk level of 10 for carcinogens will be utilized for any compound not listed in Subsection 210.05.b.iii.

(4-6-23)

iii.Subsection 210.05.b.ii. does not apply to the fish tissue element for inorganic arsenic.(4-6-23)

IDAPA 58.01.02.211 (Reserved)

IDAPA 58.01.02.250 Surface Water Quality Criteria for Aquatic Life Use Designations

01.General Criteria. The following criteria apply to all aquatic life us e 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)

02.Cold Water. Waters designated for cold water aquatic life are not to vary from the following characteristics due to human activities:(3-31-22)

a.Dissolved Oxygen Concentrations exceeding six (6) mg/l at all times. In lakes and reservoirs this

i.The bottom twenty percent (20%) of water depth in natural lakes and reservoirs where depths are thirty-five (35) meters or less.(3-31-22)

ii.The bottom seven (7) meters of water depth in natural lakes and reservoirs where depths are greater

b.Water temperatures of twenty-two (22) degrees C or less with a maximum daily average of no greater than nineteen (19) degrees C.(3-31-22)

c.Temperature in lakes shall have no measurable change from natural background conditions.

Reservoirs with mean detention times of greater than fifteen (15) days are considered lakes for this purpose.

d.Ammonia. The following criteria are not to be exceeded dependent upon the temperature, T (degrees C), and pH of the water body:(3-31-22)

i.Acute Criterion (Criterion Maximum Concentration (CMC)). The one (1) hour average concentration of total ammonia nitrogen (in mg N/L) is not to exceed, more than once every three (3) years, the value

ii.Chronic Criterion (Criterion Continuous Concentration (CCC)).(3-31-22)

(1)The thirty (30) day average concentration of total ammonia nitrogen (in mg N/L) is not to exceed, more than once every three (3) years, the value calculated using the following equations:(3-31-22)

(a)When fish early life stages are likely present:

(b)When fish early life stages are likely absent:

(2)The highest four-day (4) average within the thirty-day (30) period should not exceed two point five (2.5) times the CCC.(3-31-22)

(3)Because the Department presumes that many waters in the state may have both spring-spawning and fall-spawning species of fish present, early life stages of fish may be present throughout much of the year.

Accordingly, the Department will apply the CCC for when fish early life stages are present at all times of the year unless:(3-31-22)

(a)Time frames during the year are identified when early life stages are unlikely to be present, and (b)The Department is provided all readily available information supporting this finding such as the 0.39 275.0 )1045.1,85.2( MINCCC )1045.1 fish species distributions, spawning periods, nursery periods, and the duration of early life stages found in the water body; and(3-31-22)

(c)The Department determines early life stages are likely absent.(3-31-22)

e.Turbidity, below any applicable mixing zone set by the Department, shall not exceed background turbidity by more than fifty (50) NTU instantaneously or more than twenty-five (25) NTU for more than ten (10) consecutive days.(3-31-22)

f.Salmonid Spawning. The Department shall determine spawning periods on a waterbody specific basis taking into account knowledge of local fisheries biologists, published literature, records of the Idaho Department of Fish and Game, and other appropriate records of spawning and incubation, as further described in the current version of the “Water Body Assessment Guidance” published by the Idaho Department of Environmental Quality. Waters designated for salmonid spawning, in areas used for spawning and during the time spawning and incubation occurs, are not to vary from the following characteristics due to human activities:(3-31-22)

i.Dissolved Oxygen.(3-31-22)

(1)Intergravel Dissolved Oxygen.(3-31-22)

(a)One (1) day minimum of not less than five point zero (5.0) mg/l.(3-31-22)

(b)Seven (7) day average mean of not less than six point zero (6.0) mg/l.(3-31-22)

(2)Water-Column Dissolved Oxygen.(3-31-22)

(a)One (1) day minimum of not less than six point zero (6.0) mg/l or ninety percent (90%) of saturation, whichever is greater.(3-31-22)

ii.Water temperatures of thirteen (13) degrees C or less with a maximum daily average no greater than nine (9) degrees C.(3-31-22)

g.Bull Trout Temperature Criteria. Water temperatures for the waters identified under Subsection 250.02.g.i. shall not exceed thirteen degrees Celsius (13C) maximum weekly maximum temperature (MWMT) during June, July and August for juvenile bull trout rearing, and nine degrees Celsius (9C) daily average during September and October for bull trout spawning. For the purposes of measuring these criteria, the values shall be generated from a recording device with a minimum of six (6) evenly spaced measurements in a twenty-four (24) hour period. The MWMT is the mean of daily maximum water temperatures measured over the annual warmest consecutive seven (7) day period occurring during a given year.(3-31-22)

i.The bull trout temperature criteria shall apply to all tributary waters, not including fifth order main stem rivers, located within areas above fourteen hundred (1400) meters elevation south of the Salmon River basin- Clearwater River basin divide, and above six hundred (600) meters elevation north of the Salmon River basin- Clearwater River basin divide, in the fifty-nine (59) Key Watersheds listed in Table 6, Appendix F of Governor Batt’s State of Idaho Bull Trout Conservation Plan, 1996, or as designated under Sections 110 through 160 of this rule.

Note: Idaho first adopted bull trout temperature criteria in 1998. These criteria were revised in 2001 (docket 58- 0102-0002) and submitted to EPA for approval in 2003. On September 7, 2021, EPA approved the new and revised Idaho bull trout spawning and rearing criteria. However, the 1997 federally promulgated temperature criterion of 10ºC for 7-day average maximum daily temperatures from June through September continues to be effective for CWA purposes for waters specified in the federal rule until EPA withdraws the federal rule (40 CFR 131.33). For waters where both the Idaho bull trout spawning and rearing criteria and the 1997 federally promulgated criterion are effective, the more stringent criteria will be the applicable criterion. For more information, go to: https://www.deq.idaho.gov/epa-actions-on-proposed-standards/

ii.No thermal discharges will be permitted to the waters described under Subsection 250.02.g.i. unless socially and economically justified as determined by the Department, and then only if the resultant increase in stream temperature is less than five-tenths degrees Celsius (0.5C).(3-31-22)

h.Kootenai River sturgeon temperature criteria. Water temperatures within the Kootenai River from Bonners Ferry to Shorty’s Island, shall not exceed a seven (7) day moving average of fourteen degrees Celsius (14C) based on daily average water temperatures, during May 1 through July 1.(3-31-22)

03.Seasonal Cold Water. Between the summer solstice and autumn equinox, waters designated for seasonal cold water aquatic life are not to vary from the following characteristics due to human activities. For the period from autumn equinox to summer solstice the cold water criteria will apply:(3-31-22)

a.Dissolved Oxygen Concentrations exceeding six (6) mg/l at all times. In lakes and reservoirs this

i.The bottom twenty percent (20%) of water depth in natural lakes and reservoirs where depths are thirty-five (35) meters or less.(3-31-22)

ii.The bottom seven (7) meters of water depth in natural lakes and reservoirs where depths are greater

b.Water temperatures of twenty-six (26) degrees C or less as a daily maximum with a daily average of no greater than twenty-three (23) degrees C.(3-31-22)

c.Temperature in lakes shall have no measurable change from natural background conditions.

Reservoirs with mean detention times of greater than fifteen (15) days are considered lakes for this purpose.

d.Ammonia. Concentration of ammonia are not to exceed the criteria defined at Subsection 250.02.d.

04.Warm Water. Waters designated for warm water aquatic life are not to vary from the following characteristics due to human activities:(3-31-22)

a.Dissolved oxygen concentrations exceeding five (5) mg/l at all times. In lakes and reservoirs this

i.The bottom twenty percent (20%) of the water depth in natural lakes and reservoirs where depths are thirty-five (35) meters or less.(3-31-22)

ii.The bottom seven (7) meters of water depth in natural lakes and reservoirs where depths are greater Note: Idaho first adopted seasonal cold water use and temperature criteria in April 2000 and submitted to EPA on April 26, 2000 (docket 16-0102-9704). In March 2001, Idaho revised its temperature criteria for the seasonal cold water use and submitted to EPA on May 29, 2003 (docket 58-0102-0002). Water quality standards adopted and submitted to EPA after May 30, 2000, are not effective for Clean Water Act (CWA) purposes until EPA approves them (see 40 CFR 131.21). This is known as the Alaska Rule. On June 9, 2020, EPA disapproved the Idaho water quality standards addressing seasonal cold water. The following sections submitted to EPA after May 30, 2000, are not effective for CWA purposes: 140.11, Little Camas Creek Reservoir, Unit SW-7, designation of seasonal cold water aquatic life use, and 250.03.b. published in the current and c. as published in the 2000 Idaho Administrative Code and 100.01.c. and 250.03.a. published in the current

b.Water temperatures of thirty-three (33) degrees C or less with a maximum daily average not greater than twenty-nine (29) degrees C.(3-31-22)

c.Temperature in lakes shall have no measurable change from natural background conditions.

Reservoirs with mean detention times of greater than fifteen (15) days are considered lakes for this purpose.

d.Ammonia. The following criteria are to be met dependent upon the temperature, T (degrees C), and pH of the water body:(3-31-22)

i.Acute Criterion (Criterion Maximum Concentration (CMC)). The one (1) hour average concentration of total ammonia nitrogen (in mg N/L) is not to exceed, more than once every three (3) years, the value

ii.Chronic Criterion (Criterion Continuous Concentration (CCC)). Concentrations of ammonia are not to exceed the criteria defined at Subsection 250.02.d.ii.(3-31-22)

05.Modified. Water quality criteria for modified aquatic life will be determined on a case-by-case basis reflecting the chemical, physical, and biological levels necessary to attain the existing aquatic life community.

These criteria, when determined, will be adopted into these rules.(3-31-22)

IDAPA 58.01.02.251 Surface Water Quality Criteria for Recreation Use Designations

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 (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)

ii.For public swimming beaches, a single sample value of two hundred thirty-five (235) E. coli counts per one hundred (100) mL should be used in considering beach closures.(3-31-22)

b.Enterococci. Waters designated for recreation are not to contain enterococci bacteria, used as 4.58 411.0 indicators of human pathogens, in concentrations exceeding:(3-31-22)

i.A geometric mean of thirty-five (35) enterococci 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)

ii.A statistical threshold value (STV) of one hundred and thirty (130) enterococci counts per one hundred (100) mL in more than ten percent (10%) of samples collected over forty-five (45) day period. The Department will ensure samples collected represent the forty-five (45) day duration.(3-31-22)

c.For comparing permit effluent bacteria samples to the criteria, the averaging period shall be thirty (30) days or less based on a minimum of five (5) samples.(3-31-22)

IDAPA 58.01.02.252 Surface Water Quality Criteria for Water Supply Use Designation

01.Domestic. W aters 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.

02.Agricultural. Water quality criteria for agricultural water supplies will generally be satisfied by the water quality criteria set forth in Section 200. Should specificity be desirable or necessary to protect a specific use, “Water Quality Criteria 1972" (Blue Book), Section V, Agricultural Uses of Water, EPA, March, 1973 will be used for determining criteria. This document is available for review at the Idaho Department of Environmental Quality, or can be obtained from EPA or the U.S. Government Printing Office.(3-31-22)

03.Industrial. Water quality criteria for industrial water supplies 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 252 or 275 through 298.(3-31-22)

IDAPA 58.01.02.253 Surface Water Quality Criteria for W

ILDLIFE

AND AESTHETICS USE

DESIGNATIONS.

Turbidity BackgroundTurbidity Criteria ≤ 50 NTUs5 NTUs above background > 50 – < 250 NTUs10% above background ≥ 250 NTUs25 NTUs

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)

IDAPA 58.01.02.254 (Reserved)

IDAPA 58.01.02.260 Variances from Water Quality Standards

Variances from meeting certain water quality standards may be granted by the Department provided they are consistent with the following requirements:(3-31-22)

01.Procedure. Individual variances are to be pollutant and discharger specific, and shall be granted pursuant to the following:(3-31-22)

a.Prior to granting a variance, the Department will publish notice of the Department’s tentative determination to grant a variance and will receive written comments for not less than thirty (30) days after the date the notice is published. The notice will contain a clear description of the impacts of the variance upon the receiving stream segment. The Department will also provide an opportunity for oral presentation of comments, if requested in writing within fourteen (14) days of the notice, by twenty-five (25) persons, a political subdivision, or an agency.

b.The Department’s final variance decision may be appealed pursuant to IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.” The Department will maintain and make available to the public an updated list of variances.(3-31-22)

02.Attainability. In order to obtain a variance from a water quality standard, the discharger must demonstrate that meeting the standard is unattainable based on one or more of the following grounds:(3-31-22)

a.Naturally occurring pollutant concentrations prevent the attainment of the standard; or(3-31-22)

b.Natural, intermittent, or low flow conditions or water levels prevent the attainment of the standard; or(3-31-22)

c.Human caused conditions or sources of pollution prevent the attainment of the standard and cannot be remedied or would cause more environmental damage to correct than to leave in place; or(3-31-22)

d.Dams, diversions or other types of hydrologic modifications preclude the attainment of the standard, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in attainment of the standard; or(3-31-22)

e.Physical conditions related to the natural features of the water body, unrelated to water quality, preclude attainment of the standard; or(3-31-22)

f.Controls more stringent than technology-based effluent limitations would result in substantial and widespread economic and social impact.(3-31-22)

03.Documentation. The discharger must submit to the Department documentation that treatment more advanced than required by technology-based effluent limitations have been considered and that alternative effluent control strategies have been evaluated.(3-31-22)

04.Effective Period. Any variance granted by the Department will remain in effect for a period of five (5) years or the life of the permit.(3-31-22)

a.Upon expiration, the discharger must either meet the standard or re-apply for the variance in accordance with these rules.(3-31-22)

b.The discharger must demonstrate reasonable progress towards meeting the standard when reapplying for a variance.(3-31-22)

IDAPA 58.01.02.261 (Reserved)

IDAPA 58.01.02.275 Site-Specific Surface Water Quality Criteria

01.Procedures for Establishing Site-specific Wa ter Quality Criteria. The water quality criteria adopted in these standards may not always reflect the toxicity of a pollutant in a specific water body. These criteria also represent a limited number of the natural and human-made chemicals that exist in the environment which may pose a threat to designated or existing beneficial uses. Thus, it may be possible in some water bodies to develop new water quality criteria or modify existing criteria through site-specific analyses which will effectively protect designated and existing beneficial uses.(3-31-22)

a.The following are acceptable conditions for developing site-specific criteria:(3-31-22)

i.Resident species of a water body are more or less sensitive than those species used to develop a water quality criterion.(3-31-22)

(1)Natural adaptive processes have enabled a viable, balanced aquatic community to exist in waters where natural background levels of a pollutant exceed the water quality criterion (i.e., resident species have evolved a greater resistance to higher concentrations of a pollutant).(3-31-22)

(2)The composition of aquatic species in a water body is different from those used to derive a water quality criterion (i.e., more or less sensitive species to a pollutant are present or representative of a water body than have been used to derive a criterion).(3-31-22)

ii.Biological availability and/or toxicity of a pollutant may be altered due to differences between the physicochemical characteristics of the water in a water body and the laboratory water used in developing a water quality criterion (e.g., alkalinity, hardness, pH, salinity, total organic carbon, suspended solids, turbidity, natural complexing, fate and transport water, or temperature).(3-31-22)

iii.The affect of seasonality on the physicochemical characteristics of a water body and subsequent effects on biological availability and/or toxicity of a pollutant may justify seasonally dependent site-specific criteria.

iv.Water quality criteria may be derived to protect and maintain existing ambient water quality.

v.Other factors or combinations of factors that upon review of the Department may warrant modifications to the criteria.(3-31-22)

b.Any person may develop site-specific criteria in accordance with these rules. To insure that the approach to be used in developing site-specific criteria is scientifically valid, the Department shall be involved early in the planning of any site-specific analyses so that an agreement can be reached concerning the availability of existing data, additional data needs, methods to be used in generating new data, testing procedures to be used, schedules to be followed and quality control and assurance provisions to be used.(3-31-22)

c.Site-specific criteria shall not impair designated or existing beneficial uses year-round (or seasonally for seasonal dependent criteria) and shall prevent acute and chronic toxicity outside of approved mixing zones. If site-specific criteria are seasonally dependent, the period when the criteria apply shall be clearly identified.

d.Site-specific criteria, if appropriate, shall include both chronic and acute concentrations to more accurately reflect the different tolerances of resident species to the inherent variability between concentrations and toxicological characteristics of a pollutant.(3-31-22)

e.Site-specific criteria shall be clearly identified as maximum (not to be exceeded) or average values.

If a criterion represents an average value, the averaging period shall be specified. The conditions, if any, when the criteria apply shall be clearly stated (e.g., specific levels of hardness, pH, water temperature, or bioavailability).

Specific sampling requirements (location, frequency, etc.), if any, shall also be specified.(3-31-22)

f.A site may be limited to the specific area affected by a point or nonpoint source of pollution or, if appropriate, an expanded geographical area (e.g., ecoregion, river basin, sub-basin, etc.). For a number of different water bodies to be designated as one site, their respective aquatic communities cannot vary substantially in sensitivity to a pollutant. Site boundaries shall be geographically defined.(3-31-22)

g.Proposed site-specific water quality criteria must be approved by the Board in accordance with the Idaho Administrative Procedure Act. The Department of Environmental Quality shall determine whether to approve a request for site-specific criteria in accordance with this section and within twenty-eight (28) days after receipt of the request, and will introduce acceptable site-specific criteria for rule-making.(3-31-22)

h.The following are acceptable procedures for developing site-specific criteria for aquatic life protection.(3-31-22)

i.Site-specific analyses for the development of new water quality criteria shall be conducted in a manner which is scientifically justifiable and consistent with the assumptions and rationale in “Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses,” EPA 1985. This document is available for review at the Idaho Department of Environmental Quality or may be obtained from EPA or the U.S. Government Printing Office.(3-31-22)

ii.Site-specific analyses for the modification of existing water quality criteria shall be conducted in accordance with one of the following procedures, as described in the “Water Quality Standards Handbook,” EPA 1983. This document is available for review at the Idaho Department of Environmental Quality or may be obtained from EPA or the U.S. Government Printing Office.(3-31-22)

(1)Recalculation Procedure. This procedure is used to account for differences in sensitivity to a pollutant between resident species and those species used in deriving the criterion. Bioassays in laboratory water may be required for untested resident species.(3-31-22)

(2)Indicator Species Procedure. This procedure is used to account for differences in biological availability and/or toxicity of a chemical between the physicochemical characteristics of the water in a water body and the laboratory water used in developing criteria. Bioassays in site water are required using resident species or acceptable nonresident species.(3-31-22)

(3)Resident Species Procedure. This procedure is used to account for differences in both resident species sensitivity and biological availability and/or toxicity of a pollutant. Bioassays in site water using resident species are required.(3-31 (4)Water effects ratios as defined by EPA guidance documents.(3-31-22)

(5)Other scientifically defensible procedures such as relevant aquatic field studies, laboratory tests, biological translators, fate and distribution models, risk analyses or available scientific literature.(3-31-22)

(a)Deviations from the above described EPA procedures shall have justifications which are adequately documented and based on sound scientific rationale.(3-31-22)

(b)The data, testing procedures and application factors used to develop site-specific criteria shall reflect the nature of the pollutant (e.g., persistency, bioaccumulation potential, avoidance or attraction responses in fish, etc.), the designated and existing beneficial uses, and the most sensitive resident species of a water body.

02.Water Quality Criteria for Specific Waters. Standards provided in Sections 276 through 298 for specific waters will supersede Sections 210, 250, 251, 252, and 253 when the application of the standards contained in both sections would present a conflict.(3-31-22)

IDAPA 58.01.02.276 Dissolved Oxygen Standards for Waters Discharged from Dams,

RESERVOIRS, AND HYDROELECTRIC FACILITIES.

Under the terms specified under this section, waters discharged from dams, reservoirs and hydroelectric facilities shall not be subject to the provisions of Subsection 250.02.a. or 250.02.f.i.(3-31-22)

01.Applicability. Subsections 276.02, 276.03 and 276.04 shall apply to all waters below dams, reservoirs, and hydroelectric facilities as far downstream as the point of measurement as defined in Subsection 276.05. Downstream of that point of measurement, all discharges to the waters shall be subject to the provisions of Subsections 250.02.a. or 250.02.f.i.(3-31-22)

02.Dissolved Oxygen Concentrations Below Existing Facilities. As of the effective date of these regulations, and except as noted in Subsections 276.03 and 276.04, waters below dams, reservoirs, and hydroelectric facilities shall contain the following dissolved oxygen concentrations during the time period indicated:

03.Dissolved Oxygen Concentrations for Modifications of Existing Facilities or for New Facilities. Modifications of existing facilities or new facilities are subject to the provisions of Subsection 276.02 unless the state has documented the existence of significant fish spawning areas below the facility. If such areas exist, then waters below those facilities shall contain the dissolved oxygen concentrations shown in Subsection 276.02 during the modified time periods indicated for each species below:

04.Dissolved Oxygen Concentrations Below American Falls Dam. All waters below American Falls Dam shall contain the following dissolved oxygen concentrations during the time period indicated:

05.Point of Measurement. For the purpose of determining compliance with Subsections 276.02, mg/l Dissolved Oxygen 30-day Mean 7-Day Mean Instantaneous June 15 - Oct 156.04.73.5 Fish Species Cutthroat trout July 1 - Oct 15 Kokanee and Chinook Salmon June 15 - Aug 1 Bull Trout June 15 - Sept 1 mg/l Dissolved Oxygen 30-Day Mean 7-Day Mean Instantaneous May 15 - Oct 155.54.73.5 276.03 and 276.04, the dissolved oxygen shall be measured at a single location in the river downstream from the hydroelectric facilities. Such location shall be as close to the facilities as practical to obtain a representative measurement, but in all cases shall be sufficient distance downstream to allow thorough mixing of reaerated waters, spilled by-pass waters, and other waters that have passed through the facility.(3-31-22)

06.Instantaneous Minimum. Any measurement of dissolved oxygen below the applicable instantaneous minimum will be considered a violation unless that measurement is followed by two (2) consecutive measurements at or above the instantaneous minimum and taken within twenty (20) minutes of the initial measurement (at ten (10) minute intervals).(3-31-22)

07.Procedures and Conditions for Variances. The Board may grant a variance, on an individual basis, to the dissolved oxygen standards, the applicable dates of compliance, or both, as listed in Subsections 276.02, 276.03, or 276.04 only if:(3-31-22)

a.A written petition requesting a variance is submitted to the Department;(3-31-22)

b.The petition includes documentation of site-specific biological studies which demonstrate that no significant fishery impacts will occur as a result of the variance, if granted; and(3-31-22)

c.The requested variance will not result in departure from the three point five (3.5) mg/l instantaneous minimum dissolved oxygen requirements of this section.(3-31-22)

IDAPA 58.01.02.277 (Reserved)

IDAPA 58.01.02.278 Lower Boise River Subbasin, Huc 17050114 Subsection 140.12

01.Boise River, SW-1 and SW-5 -- Salmonid Spawning and Dissolved Oxygen.

The waters of the Boise River from Veterans State Park to its mouth will have dissolved oxygen concentrations of six (6) mg/l or seventy-five percent (75%) of saturation, whichever is greater, during the spawning period of salmonid fishes inhabiting those waters.(3-31-22)

02.Boise River, SW-5 and SW-11a -- Copper and Lead Aquatic Life Criteria. The water-effect ratio (WER) values used in the equations in Subsection 210.02 for calculating copper and lead CMC and CCC values shall be two and five hundred seventy-eight thousandths (2.578) for dissolved copper and two and forty-nine thousandths (2.049) for lead. These site-specific criteria shall apply to the Boise River from the Lander St. wastewater outfall to where the channels of the Boise River become fully mixed downstream of Eagle Island.

03.Indian Creek, SW-3a -- Site-Specific Criteria for Water Temperature. A maximum weekly maximum temperature of thirteen degrees C (13ºC) to protect brown trout and rainbow trout spawning and incubation applies from October 15 through June 30.(3-31-22)

04.Boise River, SW-5 and SW-11a -- Site-Specific Criteria for Water Temperature. A maximum weekly maximum temperature of thirteen degrees C (13ºC) to protect brown trout, mountain whitefish, and rainbow trout spawning and incubation applies from November 1 through May 30.(3-31-22)

05.Point Source Thermal Treatment Requirement. With regard to the limitations set forth in Section 401 relating to point source wastewater discharges, only the limitations of Subsections 401.01.a. and 401.01.b. and the temperature limitation relating to natural background conditions shall apply to discharges to any water body within the Lower Boise River Subbasin.(3-31-22)

IDAPA 58.01.02.279 (Reserved)

IDAPA 58.01.02.280 Rock Creek, Cedar Draw, Deep Creek and Big Wood River - Canal System

01.Rock Creek, Cedar Draw, and Deep Creek. For th e purposes of water quality protection, the following waterways are recognized as used by the Twin Falls Canal Company as spillways, collection and conveyance facilities and such waterways shall also be protected for those uses: Rock Creek from the intersection with the High Line Canal of the Twin Falls Canal System to the mouth; Cedar Draw from the intersection with the High Line Canal of the Twin Falls Canal System to the mouth, Deep Creek from the intersection with the High Line Canal of the Twin Falls Canal system to the mouth, all in Twin Falls County.(3-31-22) 02Big Wood River -- Canal System. For the purposes of water quality protection, the following waterway is also recognized as used by the North Side Canal Company for the purposes of conveying canal water and shall also be protected for that use: Big Wood River from the point of union with the North Side Canal System, located in Section 31, T. 5 S., R. 15 E., Boise Meridian, downstream to the last irrigation diversion of the North Side Canal Company from the Malad River located in Section 25, T. 6 S., R. 13 E., Boise Meridian.(3-31-22)

IDAPA 58.01.02.281 (Reserved)

IDAPA 58.01.02.283 Spokane River, Subsection 110.12, Huc 17010305, Units P-3 and P-4, Site-Specific

CRITERIA FOR AMMONIA.

The following criteria are to be met dependent upon the temperature, T (degrees C), and pH of the water body:

(3-31

01.Acute Criterion (Criterion Maximum Concentration (CMC)). The one (1) hour average concentration of total ammonia nitrogen (in mg N/L) is not to exceed, more than once every three (3) years, the value

02.Chronic Criterion (Criterion Continuous Concentration (CCC)).(3-31-22)

a.The thirty (30) day average concentration of total ammonia nitrogen (in mg N/L) is not to exceed, more than once every three (3) years, the value calculated using the following equation:

b.The highest four (4) day average within the thirty (30) day period should not exceed two and five tenths (2.5) times the CCC.(3-31-22)

IDAPA 58.01.02.284 South Fork Coeur D'alene Subbasin, Subsection 110.09, Huc 17010302, Aquatic

LIFE

CRITERIA FOR CADMIUM, LEAD AND ZINC.

The following criteria are to be met dependent upon the hardness, expressed as mg/l of calcium carbonate, of the water. Criterion maximum concentrations (CMC), one (1) hour average concentrations, and criterion continuous concentrations (CCC), four (4) day average concentrations, of the dissolved metals (in μg/l) are not to exceed, more than once every three (3) years, the values calculated using the following equations:(3-31-22)

01.Cadmium.(3-31-22)

a.CMC = 0.973 x e [(1.0166 x ln(hardness)) – 3.924]

b.CCC = [1.101672 – (ln (hardness) x 0.041838] x e [(0.7852 x ln(hardness)) – 3.490]

02.Lead.(3-31-22)

a.CMC = e [(0.9402 x ln(hardness)) + 1.1834]

b.CCC = e [(0.9402 x ln(hardness)) - 0.9875] 0.39

IDAPA 58.01.02.275 0 )1045.1,85.2( Minccc

03.Zinc.(3-31-22)

a.CMC = e [(0.6624 x ln(hardness)) + 2.2235]

b.CCC = e [(0.6624 x ln(hardness)) + 2.2235]

04.Application.(3-31-22)

a.The maximum hardness allowed for use in the equations in Section 284 shall not be greater than four hundred (400) mg/l even if the actual ambient hardness is greater than four hundred (400) mg/l.(3-31-22)

b.The criteria described in Section 284 apply to all surface waters within the subbasin, except for natural lakes, for which the statewide criteria given in Section 210 apply.(3-31-22)

IDAPA 58.01.02.285 Snake River, Subsection 140.13, Huc 17050115, Unit Sw1; and Subsection 140.19,

HUC 17050201, UNITS SW1, SW2, SW3 AND SW4, SITE-SPECIFIC CRITERIA FOR WATER-COLUMN

DISSOLVED OXYGEN.

A minimum of six and five-tenths (6.5) mg/l of water-column dissolved oxygen shall be met in the Snake River from the Idaho/ Oregon border to Hell’s Canyon Dam.(3-31-22)

IDAPA 58.01.02.286 Snake River, Subsection 130.01, Huc 1706

0101, UNIT S1, S2, AND S3; SITE-SPECIFIC

CRITERIA FOR WATER TEMPERATURE.

Weekly maximum temperatures (WMT) are regulated to protect fall chinook spawning and incubation in the Snake River from Hell’s Canyon Dam to the confluence with the Salmon River from October 23 through April 15. Because the WMT is a lagged seven (7) day average, the first WMT is not applicable until the seventh day of this time period, or October 29. A WMT is calculated for each day after October 29 based upon the daily maximum temperature for that day and the prior six (6) days. From October 29 through November 6, the WMT must not exceed fourteen point five degrees C (14.5°C). From November 7 through April 15, the WMT must not exceed thirteen degrees C (13°C).

IDAPA 58.01.02.287 Site-Specific Aquatic Life

CRITERIA FOR SELENIUM.

Site-specific water column values (30-day average) are based on dissolved total selenium in water and are derived using a performance-based approach from fish tissue values via either the mechanistic modeling or empirical bioaccumulation factor (BAF) method in Aquatic Life Ambient Water Quality Criterion for Selenium – Freshwater, EPA-822-R-16-006, Appendix K: Translation of a Selenium Fish Tissue Criterion Element to a Site-Specific Water Column Value (June 2016).(3-31-22)

01.Subsection of Blackfoot Subbasin. Blackfoot River - confluence of Lanes and Diamond Creeks to Blackfoot Reservoir (unit US-10), and all tributaries thereof. Site-specific egg-ovary, whole-body, and muscle criterion elements for these water bodies are set out in the following table. The lentic and short-term exposure water column criterion elements set out in Subsection 210.01., table footnote l., are also applicable to the water bodies identified in this subsection.

Egg-OvaryWhole-BodyMuscleWater Lotic 24.5 12.8 11.9 3,4,5 1.Egg-ovary supersedes any whole-body, muscle, or water column element when fish egg-ovary concentrations are measured. Single measurement of an average or composite sample of at least five (5) individuals of the same species. Not to be exceeded; DEQ will evaluate all representative egg-ovary data to determine compliance with this

02.Subsection of Bear Lake Subbasin. Georgetown Creek - source to mouth (unit B-22), and all tributaries thereof. Site-specific egg-ovary, whole-body, and muscle criterion elements for these water bodies are set out in the following table. The lentic and short-term water column criterion elements set out in Subsection 210.01., table footnote l., are also applicable to the water bodies identified in this subsection. 2.Fish whole-body or muscle tissue supersedes water column element when both fish tissue and water concentrations are measured. Single measurement of an average or composite sample of at least five (5) individuals of the same species where the smallest individual is no less than seventy-five percent (75%) of the total length (size) of the largest individual. Not to be exceeded; DEQ will evaluate all representative whole-body or muscle data to determine 3. Water column values are derived using the empirical BAF method. For comparative purposes only, the example value displayed in this table represents the lotic water column value for Sheep Creek based on the average BAF for Cutthroat Trout among all sampling locations and years. 4.Lotic Water Column Equation= where Tissue criterion is the fish tissue element (whole-body), and BAF is the bioaccumulation factor derived by dividing site-specific field-collected samples of fish tissue (whole-body) by site-specific field-collected samples of water. 5.Water column values are the applicable criterion element in the absence of steady-state condition fish tissue data. In fishless waters, surface water from the fishless waters and fish tissue from the nearest downstream waters are used for bioaccumulation modeling. Fish tissue supersedes any site-specific water column values when fish are sampled downstream of fishless waters.

Egg-OvaryWhole-BodyMuscleWater Lotic 21.0 12.8 3.8 3,4,5 1.Egg-ovary supersedes any whole-body, muscle, or water column element when fish egg-ovary concentrations are measured. Single measurement of an average or composite sample of at least five (5) individuals of the same species. Not to be exceeded; DEQ will evaluate all representative egg-ovary data to determine compliance with this 2.Fish whole-body or muscle tissue supersedes water column element when both fish tissue and water concentrations are measured. Single measurement of an average or composite sample of at least five (5) individuals of the same species where the smallest individual is no less than seventy-five percent (75%) of the total length (size) of the largest individual. Not to be exceeded; DEQ will evaluate all representative whole-body and muscle data to determine 3. Water column values are derived using the empirical BAF method. For comparative purposes only, the example displayed in this table represents the lotic water column value for Georgetown Creek, upstream of the intermittent reach, based on the average BAF for Brook Trout in all sampling locations and years.

03.Subsection of Salt Subbasin — Sage Creek. Sage Creek – source to mouth (unit US-9) including, Hoopes Spring channel downstream of the spring complex, South Fork Sage Creek downstream of the spring complex, Sage Creek downstream of the confluence of Hoopes Spring with Sage Creek to its confluence with Crow Creek, and tributaries; excluding North Fork Sage Creek, Pole Canyon Creek, and their tributaries. Site-specific eggovary and whole-body criterion elements for these water bodies are set out in the following table. The muscle, lentic water column, and short-term water column criterion elements set out in Subsection 210.01., table footnote l., are also applicable to the water bodies identified in this subsection.

04.Subsection of Salt Subbasin — Crow Creek. Crow Creek – Downstream of Sage Creek confluence to Wyoming state line (US-8). Site-specific egg-ovary and whole-body criterion elements for these water bodies are set out in the following table. The muscle, lentic water column, and short-term water column criterion elements set out in Subsection 210.01., table footnote l., are also applicable to the water bodies identified in this subsection. 4.Lotic Water Column Equation= where Tissue criterion is the fish tissue element (whole-body), and BAF is the bioaccumulation factor derived by dividing site-specific field-collected samples of fish tissue (whole-body) by site-specific field-collected samples of water. 5.Water column values are the applicable criterion element in the absence of steady-state condition fish tissue data. In fishless waters, surface water from the fishless waters and fish tissue from the nearest downstream waters are used for bioaccumulation modeling. Fish tissue supersedes any site-specific water column values when fish are sampled downstream of fishless waters.

Egg-OvaryWhole-BodyWater Lotic 20.5 13.6 16.7 1.Egg-ovary supersedes any whole-body, muscle, or water column element when fish egg-ovary concentrations are measured. Single measurement of an average or composite sample of at least five (5) individuals of the same species. Not to be exceeded; DEQ will evaluate all representative egg-ovary data to determine compliance with this 2.Fish tissue supersedes water column element when both fish tissue (whole-body) and water concentrations are measured. Fish tissue elements are expressed as a single arithmetic average of tissue concentrations from at least five (5) individuals of the same species where the smallest individual is no less than seventy-five percent (75%) of the total length (size) of the largest individual. Not to be exceeded; DEQ will evaluate all representative whole-body data to determine compliance with this criterion element. 3.Water column values are derived using the empirical BAF method. Water column values are the applicable criterion element in the absence of steady-state condition fish tissue data. In fishless waters, selenium concentrations in fish from the nearest downstream waters may be used to assess compliance.

05.Portions of Idaho.(3-31-22)

a.This site-specific criterion applies in the HUC subbasins set out in the following table.

Egg-OvaryWhole-BodyWater Lotic 20.5 4.2 1.Egg-ovary supersedes any whole-body, muscle, or water column element when fish egg-ovary concentrations are measured. Single measurement of an average or composite sample of at least five (5) individuals of the same species. Not to be exceeded; DEQ will evaluate all representative egg-ovary data to determine compliance with this 2.Fish tissue supersedes water column element when both fish tissue (whole-body) and water concentrations are measured. Fish tissue elements are expressed as a single arithmetic average of tissue concentrations from at least five (5) individuals of the same species where the smallest individual is no less than seventy-five percent (75%) of the total length (size) of the largest individual. Not to be exceeded; DEQ will evaluate all representative whole-body data to determine compliance with this criterion element. 3.Water column values are derived using the empirical BAF method. Water column values are the applicable criterion element in the absence of steady-state condition fish tissue data. In fishless waters, selenium concentrations in fish from the nearest downstream waters may be used to assess compliance.

HUCSubbasinHUCSubbasin 16010102Central Bear17040208Portneuf 16010201Bear Lake17040209Lake Walcott 16010202Middle Bear17040210Raft 16010203Little Bear-Logan17040211Goose 16010204Lower Bear-Malad17040214Beaver-Camas 16020309Curlew Valley17040215Medicine Lodge 17010302South Fork Coeur d Alene17040216Birch 17010306Hangman17040218Big Lost 17010308Little Spokane17040220Camas 17040104Palisades17040221Little Wood 17040105Salt17050104Upper Owyhee 17040201Idaho Falls17050105South Fork Owyhee 17040202Upper Henrys17050106East Little Owyhee 17040203Lower Henrys17050107Middle Owyhee 17040204Teton17050108Jordan 17040205Willow17060109Rock 17040206American Falls

b.Site-specific egg-ovary, whole-body, and muscle criterion elements for the water bodies identified in Subsection 287.05.a. are set out in the following table. The water column criterion elements set out in Subsection 210.01., table footnote l., are also applicable to the water bodies identified in Subsection 287.05.a.

IDAPA 58.01.02.288 (Reserved)

IDAPA 58.01.02.300 Gas Supersaturation

01.Applicability of Gas Supersaturation Standard. The Director has the following authority:

a.To specify the applicability of the gas supersaturation standard with respect to excess stream flow conditions; and(3-31-22)

b.To direct that all known and reasonable measures be taken to assure protection of the fishery resource; and(3-31-22)

c.To require that operational procedures or project modifications proposed for compliance for dissolved gas criterion do not contribute to increased mortalities to juvenile migrants or impose serious delays to adult migrant fishes.(3-31-22)

02.Interstate Agreements. In making determinations as to the applicability of gas supersaturation standards, the Director can seek and enter into agreements with adjoining state environmental regulatory agencies.

03.Gas Supersaturation Control Program. Owners or operators of proposed water impoundment facilities subject to excessive spilling which can result in supersaturated water conditions must submit to the Department for approval a program for the detection and control of gas supersaturation. The program must include, but is not limited to:(3-31-22) 17040207Blackfoot Egg-Ovary (mg/kg dw)Fish Tissue (mg/kg dw)

Egg-OvaryWhole-BodyMuscle 19.0 9.5 13.1 1.Egg-ovary supersedes any whole-body, muscle, or water column element when fish egg-ovary concentrations are measured. Single measurement of an average or composite sample of at least five (5) individuals of the same species. Not to be exceeded; DEQ will evaluate all representative egg-ovary data to determine compliance with this 2.Fish whole-body or muscle tissue supersedes water column element when both fish tissue and water concentrations are measured. Single measurement of an average or composite sample of at least five (5) individuals of the same species where the smallest individual is no less than seventy-five percent (75%) of the total length (size) of the largest individual. Not to be exceeded; DEQ will evaluate all representative whole-body or muscle data to determine HUCSubbasinHUCSubbasin

a.Time schedules for construction or installation of supersaturation control features and devices; and

b.When required by the Department, a monitoring and reporting system insuring that supersaturated conditions are detected and reported to the Department.(3-31-22)

IDAPA 58.01.02.301 (Reserved)

IDAPA 58.01.02.350 Rules Governing Nonpoint Source Activities

01.Implementation Policy.( 3-31-22)

a.Nonpoint sources are the result of activities essential to the economic and social welfare of the state. The a real extent of most nonpoint source activities prevents the practical application of conventional wastewater treatment technologies. Nonpoint source pollution management, including best management practices, is a process for protecting the designated beneficial uses and ambient water quality. Best management practices should be designed, implemented and maintained to provide full protection or maintenance of beneficial uses. Violations of water quality standards which occur in spite of implementation of best management practices will not be subject to enforcement action. However, if subsequent water quality monitoring and surveillance by the Department, based on the criteria listed in Sections 200, 210, 250, 251, 252, and 253, indicate water quality standards are not met due to nonpoint source impacts, even with the use of current best management practices, the practices will be evaluated and modified as necessary by the appropriate agencies in accordance with the provisions of the Administrative Procedure Act. If necessary, injunctive or other judicial relief may be initiated against the operator of a nonpoint source activity in accordance with the Director's authorities provided in Section 39-108, Idaho Code. In certain cases, revision of the water quality standards may be appropriate.(3-31-22)

b.As provided in Subsections 350.01.a. and 350.02.a. for nonpoint source activities, failure to meet general or specific water quality criteria, or failure to fully protect a beneficial use, shall not be considered a violation of the water quality standards for the purpose of enforcement. Instead, water quality monitoring and surveillance of nonpoint source activities will be used to evaluate the effectiveness of best management practices in protecting beneficial uses as stated in Subsections 350.01.a. and 350.02.b.(3-31-22)

02.Limitation to Nonpoint Source Restrictions. Nonpoint source activities will be subject to the following:(3-31-22)

a.Except as provided in Subsections 350.02.b. and 350.02.c., so long as a nonpoint source activity is being conducted in accordance with applicable rules, regulations and best management practices as referenced in Subsection 350.03, or in the absence of referenced applicable best management practices, conducted in a manner that demonstrates a knowledgeable and reasonable effort to minimize resulting adverse water quality impacts, the activity will not be subject to conditions or legal actions based on Subsection 080.01. In all cases, if it is determined by the Director that imminent and substantial danger to the public health or environment is occurring, or may occur as a result of a nonpoint source by itself or in combination with other point or nonpoint source activities, then the Director may seek immediate injunctive relief to stop or prevent that danger as provided in Section 39-108, Idaho Code. b.

If the Director determines through water quality monitoring and surveillance that water quality crit eria are not being met, or that beneficial uses are being impaired as a result of a nonpoint source activity by itself or in combination with other point and nonpoint source activities then:(3-31-22)

i.For an activity occurring in a manner not in accordance with approved best management practices, or in a manner which does not demonstrate a knowledgeable and reasonable effort to minimize resulting adverse water quality impacts, the Director may with appropriate inter-Departmental coordination.(3-31-22)

(1)Prepare a compliance schedule as provided in Section 39-116, Idaho Code; and/or(3-31-22)

(2)Institute administrative or civil proceedings including injunctive relief under Section 39-108, Idaho Code.(3-31-22)

ii.For activities conducted in compliance with approved best management practices, or conducted in a manner which demonstrates knowledgeable and reasonable effort to minimize resulting adverse water quality impacts, the Director may, with appropriate inter-Departmental coordination:(3-31-22)

(1)For those activities with approved best management practices as listed in Subsection 350.03 formally request that the responsible agency conduct a timely evaluation and modification of the practices to insure full protection of beneficial uses.(3-31-22)

(2)For all other nonpoint source activities which do not have approved best management practices as listed in Subsection 350.03, develop and recommend to the operator control measures necessary to fully protect the beneficial uses. Such control measures may be implemented on a voluntary basis, or where necessary, through appropriate administrative or civil proceedings.(3-31-22)

(3)If, in a reasonable and timely manner the approved best management practices are not evaluated or modified by the responsible agency, or if the appropriate control measures are not implemented by the operator, then the Director may seek injunctive relief to prevent or stop imminent and substantial danger to the public health or environment as provided in Section 39-108, Idaho Code.(3-31-22)

c.The Director may review for compliance project plans for proposed nonpoint source activities, based on whether or not the proposed activity will fully maintain or protect beneficial uses as listed in Sections 200, 250, 251, 252, and 253. In the absence of relevant criteria in those Sections, the review for compliance will be based on whether or not the proposed activity:(3-31-22)

i.Will comply with approved or specialized best management practices; and(3-31-22)

ii.Provides a monitoring plan which, when implemented, will provide information to the Director adequate to determine the effectiveness of the approved or specialized best management practices in protecting the beneficial uses of water; and(3-31-22)

iii.Provides a process for modifying the approved or site-specific best management practices in order to protect beneficial uses of water.(3-31-22)

d.For projects determined not to comply with those requirements, the plan may be revised and resubmitted for additional review by the Department. Any person aggrieved by a final determination of the Director may, within thirty (30) days, file a written request for a hearing before the Board in accordance with the Idaho Administrative Procedures Act. In all cases, implementation of projects detailed in a plan shall be conducted in a manner which will not result in imminent and substantial danger to the public health or environment. (3-31-22)

03.Approved Best Management Practices. The following are approved best management practices for the purpose of Subsection 350.02:(3-31-22) a.“Rules Pertaining to the Idaho Forest Practices Act,” IDAPA 20.02.01, as adopted by Board of Land Commissioners;(3-31-22)

b.Idaho Department of Environmental Quality Rules, IDAPA 58.01.06, “Solid Waste Management Rules and Standards”;(3-31-22)

c.Idaho Department of Environmental Quality Rules, IDAP A 58.01.03, “Individual/Subsurface Sewage Disposal Rules”;(3-31-22) d.“Stream Channel Alteration Rules,” IDAPA 37.03.07, as adopted by the Board of Water Resources;

e.For the Spokane Valley Rathdrum Prairie Aquifer, “Rathdrum Prairie Sewage Disposal Regulations,” as adopted by the Panhandle District Health Department Board of Health and approved by the Idaho Board of Environmental Quality;(3-31-22) f.“Rules Governing Exploration, Surface Mining, and Closure of Cyanidation Facilities,” IDAPA 20.03.02, as adopted by the Board of Land Commissioners; and(3-31-22) g.“Dredge and Placer Mining Operations in Idaho,” IDAPA 20.03.01, as adopted by the Board of Land Commissioners.(3-31-22) h.“Rules Governing Dairy Waste,” IDAPA 02.04.14, as adopted by the Department of Agriculture.

IDAPA 58.01.02.351 (Reserved)

IDAPA 58.01.02.400 Rules Governing Point Source Discharges

01.Implementation Policy.( 3-31-22)

a.As provided for in Subsection 080.01, and Sections 200, 210, 250, 251, 252, 253, 275, and 400 for point source discharges, failure to meet general or specific water quality criteria is a violation of the water quality standards.(3-31-22)

b.No unauthorized discharge from a point source shall occur to waters of the state.(3-31-22)

02.Limitations to Point Source Restrictions. So long as a point source discharge or wastewater treatment facility is regulated by the terms and conditions of an authorization pursuant to Subsection 080.02, a Board order, decree or compliance schedule, or a valid NPDES permit issued by the EPA, the discharge or facility will not be subject to additional restrictions or conditions based on Subsection 080.01and Sections 200, 210, 250, 251, 252, and 253.(3-31-22)

03.Compliance Schedules for Water Quality-Based Effluent Limitations. Discharge permits for point sources may incorporate compliance schedules which allow a discharger to phase in, over time, compliance with water quality-based effluent limitations when new limitations are in the permit for the first time.(3-31-22)

04.Wetlands Used for Wastewater Treatment.(3-31-22)

a.Waters contained within wetlands intentionally created from non-wetland sites for the purpose of wastewater or stormwater treatment, and operated in compliance with NPDES permit conditions, shall not be subject to the application of general water quality-based or site-specific criteria and standards.(3-31-22)

b.Waters contained within wetlands intentionally created from non-wetland sites for the purpose of treatment of nonpoint sources of pollution, and operated in compliance with best management practices, shall not be subject to the application of general water quality-based or site specific criteria and standards.(3-31-22)

c.Discharges from treatment systems described in Sections 400.04.a. and 400.04.b. to waters of the state are subject to all applicable rules and requirements governing such discharges.(3-31-22)

05.Flow Tiered NPDES Permit Limitations. Discharge permits for point sources discharging to waters exhibiting unidirectional flow may incorporate tiered limitations for conventional and toxic constituents at the discretion of the department.(3-31-22)

06.Intake Credits for Water Quality-Based Effluent Limitations. Discharge permits for point sources may incorporate intake credits for water quality-based effluent limits. These credits are subject to the limitations specified in IDAPA 58.01.25, “Rules Regulating the Idaho Pollutant Discharge Elimination System Program.”(3-31-22)

IDAPA 58.01.02.401 Point Source Wastewater Treatment

REQUIREMENTS.

Unless more stringent limitations are necessary to meet th e applicable requirements of Sections 200 through 300, or unless specific exemptions are made pursuant to Subsection 080.02, wastewaters discharged into surface waters of the state must have the following characteristics:(3-31-22)

01.Temperature. The wastewater must not affect the receiving water outside the mixing zone so that:

a.The temperature of the receiving water or of downstream waters will interfere with designated beneficial uses.(3-31-22)

b.Daily and seasonal temperature cycles characteristic of the water body are not maintained.

c.If the water is designated for warm water aquatic life, the induced variation is more than plus two (+2) degrees C.(7-1-26)

d.If the water is designated for cold water aquatic life, seasonal cold water aquatic life, or salmonid spawning, the induced variation is more than plus one (+1) degree C.(7-1-26)

e.If temperature criteria for the designated aquatic life use are exceeded in the receiving waters upstream of the discharge due to natural background conditions, then Subsections 401.01.c. and 401.01.d. do not apply and instead wastewater must not raise the receiving water temperatures by more than three tenths (0.3) degrees C above the natural background conditions.(7-1-26)

02.Turbidity. The wastewater must not increase the turbidity of the receiving water outside the mixing zone by:(3-31-22)

a.More than five (5) NTU (Nephelometric Turbidity Units) over background turbidity, when background turbidity is fifty (50) NTU or less; or(3-31-22)

b.More than ten percent (10%) increase in turbidity when background turbidity is more than fifty (50)

NTU, not to exceed a maximum increase of twenty-five (25) NTU.(3-31-22)

IDAPA 58.01.02.402 (Reserved)

IDAPA 58.01.02.800 Hazardous and Deleterious Material Storage

Hazardous and deleterious materials must not be stored, disposed of, or accumulated adjacent to or in the immediate vicinity of state waters unless adequate measures and controls are provided to insure that those materials will not enter state waters as a result of high water, precipitation runoff, wind, storage facility failure, accidents in operation, or unauthorized third party activities.(3-31-22)

01.Criteria to Be Evaluated. Measures and controls will be judged by the Department on the basis of the following:(3-31-22)

a.Potential of a given occurrence; and(3-31-22)

b.The potential injury to beneficial uses presented by the nature and quantity of the material and on the physical design of the facility.(3-31-22)

02.Delineation of Materials. Such material includes, but is not limited to, trash, rubbish, garbage, oil, gasoline, chemicals, sawdust, and accumulations of manure.(3-31-22)

IDAPA 58.01.02.801 (Reserved)

IDAPA 58.01.02.849 Oil Filled Electric Equipment

Releases of Dielectric Oil from oil filled electric equipment are subject to the following requirements:(3-31-22)

01.Unauthorized Releases. In the case of an unauthorized release of dielectric oil to state waters or to land such that there is a likelihood that it will enter state waters, the persons in charge must:(3-31-22)

a.Stop Continuing Releases. Make every reasonable effort to abate and stop a continuing release.

Provided however, that seepage normally associated with oil filled electrical equipment occurring in substations or distribution facilities with restricted access and not causing a threat to waters of the state is not considered a continuing release.(3-31-22)

b.Contain Material. Make every reasonable effort to contain released dielectric oil in such a manner that it will not reach surface or ground water of the state.(3-31-22)

c.Department Notification Required. Notify the Department or designated agent within forty-eight (48) hours of discovery of any release over twenty-five (25) gallons, or any release causing a threat to waters of the state, from any piece of electrical equipment.(3-31-22)

d.Collect, Remove, and Dispose. Collect, remove, and dispose of the released dielectric oil and any contaminated media in a manner approved by the Department.(3-31-22)

e.Compliance with Section 852. If collection, removal, and disposal cannot be accomplished within thirty (30) days after discovery of a release, the persons in charge shall comply with Section 852.(3-31-22)

02.Applicability. This section applies only to equipment used in the transmission of electricity such as transformers, regulators, reactors, circuit breakers, switch gear and attendant equipment which is filled with mineral insulating oil of a petroleum origin. This section does not pertain to bulk storage of dielectric oil which is not contained in electrical equipment.(3-31-22)

IDAPA 58.01.02.850 Hazardous Material Spills

In the case of an unauthorized release of hazardous materials to state waters or to land such that there is a likelihood that it will enter state waters, the responsible persons in charge must:(3-31-22)

01.Stop Continuing Spills. Make every reasonable effort to abate and stop a continuing spill.

02.Contain Material. Make every reasonable effort to contain spilled material in such a manner that it will not reach surface or groundwaters of the state.(3-31-22)

03.Department Notification Required. Immediately notify the Department or designated agent of the spills.(3-31-22)

04.Collect, Remove and Dispose. Collect, remove, and dispose of the spilled material in a manner approved by the Department.(3-31-22)

IDAPA 58.01.02.851 (Reserved)

58.01.14 Rules Governing Fees for Environmental Operating Permits, Licenses, and Inspection Services

IDAPA 58.01.14.000 Legal Authority

Sections 39-105, 39-107, 39-119, and 39-175C, Idaho Code.(7-1-25)

IDAPA 58.01.14.001 Scope

These rules establish reasonable fees for env ironmental operating permits, licenses, inspection services and waiver application processing rendered by the Department of Environmental Quality or its designees.(7-1-25)

IDAPA 58.01.14.002 Administrative Appeals

Persons may be entitled to appeal agenc y actions authorized under this chapter pursuant to IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-24-22)

IDAPA 58.01.14.003 Definitions

01.Board.

The Idaho Board of Environmental Quality.(3-24-22)

02.De minimis. A type of reuse permit issued to small-scale or low-risk recycled water reuse activities that are deemed to pose minimal risk to public health or the environment in the associated permit staff analysis. De minimis permits typically involve limited analysis, monitoring, and reporting obligations due to low-risk of activity.

03.Department. The Idaho Department of Environmental Quality or its designee.(3-24-22)

04.Equivalent Dwelling Unit (EDU). A measure where one (1) EDU is equivalent to wastewater generated from one (1) single-family residence. For assessing fees associated with publicly or privately owned domestic sewage treatment, the number of EDUs is calculated as the population served divided by the average household size as defined in the most recent US Census Bureau data (for that municipality, county, or average number of persons per household for the state of Idaho). For fees associated with industrial wastewater treatment owned by a municipality, EDUs are calculated according to the definition of EDU in IDAPA 58.01.16, “Wastewater Rules.”

05.Major Facility.(7-1-25)

a.A publicly or privately owned treatment works with a design flow equal to or greater than one million gallons per day (1 MGD), or serves a population of ten thousand (10,000) or more, or causes significant water quality impacts; or(7-1-25)

b.A non-municipal facility that equals or exceeds the eighty (80) point accumulation described in the Score Summary of the NPDES Non-municipal Permit Rating Work Sheet (June 27, 1990) or the Department equivalent.(7-1-25)

IDAPA 58.01.14.004 (Reserved)

IDAPA 58.01.14.100 Environmental Fees

Fees for services rendered by designees that are equivalent or g reater than the fees listed in Sections 110 through 160 may be adopted by those designees and are intended to cover the cost of maintaining an adequate permitting program.

Fees should be formulated consistent with these rules. The fees are to be paid by the party receiving the services to the Department or designee performing the service, in the time, place and manner specified by the performing entity.

IDAPA 58.01.14.101 (Reserved)

IDAPA 58.01.14.110 Subsurface Sewage Disposal

Fees listed here are intended as minimum fees for specific perm it types. Designees may adopt different fees through their governing board, must have their fee schedules published online in an easy to find and searchable manner, and should use the following criteria.(7-1-25)

01.Subsurface Sewage Disposal System Permit. Base the fee calculation on:(7-1-25)

a.The proposed daily wastewater flow;(7-1-25)

b.The number of proposed systems;(7-1-25)

c.The number of structures to be connected to the proposed system;(7-1-25)

d.The county where the proposed system is located;(7-1-25)

e.Whether the proposed system is a standard, basic alternative, or complex alternative design; or

f.Whether the proposed system is a new, expansion of an existing system, or a repair or replacement, of a failing system.(7-1-25)

02.Subsurface Sewage Disposal System Pumper Permit. The fee is an annual fee and determined based on:(7-1-25)

a.The amount of pumping vehicles per owner or business in service each year; and(7-1-25)

b.The county where the business is located.(7-1-25)

03.Subsurface Sewage Disposal System Installer’s Registration Permit. The fee is an annual fee and calculated based on:(7-1-25)

a.Whether the applicant will install standard, basic alternative, or complex alternative systems; and

b.The county where the business is located.(7-1-25)

04.Fees. Minimum fees for services rendered include but are not limited to the following:

IDAPA 58.01.14.111 (Reserved)

IDAPA 58.01.14.150 Parcel Survey

For those services rendered in evaluating existing water supply or sewage disposal systems when such evaluation is a ItemFee Sewage Disposal Permit: Basic or Complex System $400 Sewage Disposal Permit: Large Soil Absorption System or Central System $1,000 Sewage Disposal Permit: Tank Only$300 Sewage Disposal Permit Renewal$40 Installers Registration or Service Provider Certification:

Basic (annual)$50 Complex (annual)$100 Pumper Truck License (annual)$40 Pumper Additional Truck Fee (per truck annually) $20 condition for the sale of real property, the fee is sixty dollars ($60) excluding laboratory services.(7-1-25)

IDAPA 58.01.14.151 (Reserved)

IDAPA 58.01.14.160 Sanitary Restriction Administration

For those services rendered in the administration of sanitary restrictions, the following fees apply:(7-1-25)

01.Subdivisions or Plats Proposing Individual and Subsurface Sewage Disposal System Discharge to Subsurface. The fee is one hundred dollars ($100) plus twenty dollars ($20) per lot.(7-1-25)

02.Subdivisions or Plats Proposing Other Than Individual and Subsurface Sewage Disposal System Discharge to Subsurface. The fee is twenty-five dollars ($25).(7-1-25)

IDAPA 58.01.14.161 (Reserved)

IDAPA 58.01.14.170 Ipdes and Reuse Permit Fee Schedule

01.IPDES Fee Schedule.(7-1-25)

a.Publicly and privately owned treatment works, and other dischargers designated by the Department (IDAPA 58.01.25.105.11.a.), must pay an annual fee based on the number of EDUs. The fee is $1.74 per EDU. EDUs and the appropriate annual fee will be calculated according to the definition of EDUs in IDAPA 58.01.14.003 by the following:(7-1-25)

i.The Department calculates facility EDUs; or(7-1-25)

ii.Existing facilities may annually report to the Department the number of EDUs served; or (7-1-25)

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.(7-1-25)

b.Other permitted IPDES dischargers must pay an annual fee, an application fee, or both according to:

Permit Type ApplicationAnnual Non-POTW Individual Permits -- Major$0$13,000 Minor$0$4,000 Storm Water General Permits -- Construction (CGP)-- 1-10 acres $200$0 >10-50 acres$400$75 >50-100 acres$750$100 >100-500 acres$1,000$400 >500 acres$1,250$400 Low Erosivity Waiver (CGP)$125$0 Industrial (MSGP) Permits$1,500$1,000 This includes notices of intent for construction that will disturb one or more acres of land or will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land.(7-1-25)

02.Reuse Permit Fee Schedule.(7-1-25)

a.Permitted municipal reuse facilities must pay an annual fee according to population from the most recent 10-year US Census Bureau data:

De minimis, industrial, and private domestic or other recycled water reuse permits are assessed a flat fee not based on US Census Bureau data.(7-1-25)

b.Reuse general permits will be charged a flat fee of $100 for processing applications.(7-1-25)

03.Fee Assessment.(7-1-25)

a.An annual fee assessment will be generated for each permitted facility for which an annual fee is required under Subsection170.01 and 170.02. Annual fees will be determined based on the twelve (12) months between October 1 and September 30 each year. (7-1-25)

b.Application Fees and Annual Fees.(7-1-25)

i. Application fees, as identified in Subsection 170.01.b., are assessed upon application submittal for coverage under an individual permit or notice of intent for coverage or waiver under a general permit.(7-1-25)

ii. Owners or operators of multi-year storm water facilities or construction projects are subject to annual fees that will be assessed in the year (October through September) following the receipt of the application or notice of intent for coverage.(7-1-25)

c.Assessment of annual fees will consider the number of months a permittee was covered under either a general or an individual permit in a year (October through September of each year). If the permittee was covered for less than a full twelve (12) months, the assessed fee will be pro-rated to account for less than a full year’s coverage under the permit.(7-1-25)

d.Permittees with both an IPDES and reuse permit will have the reuse permit fee waived.(7-1-25)

04.Billing. For permitted facilities subject to an annual fee, the annual fee will be assessed, and the Cert. of No Exposure (MSGP) $250$100 Other General Permits$0$0 TypeFee De minimis $500 Industrial $3,000 Municipal Over 15,000 people$3,000 Municipal Between 1,000 and 15,000 people $1,000 Municipal Under 1,000 people$500 Private Domestic or Other $750 Permit Type ApplicationAnnual Department will send a statement on or before October 1 of each year. The Department will also assess and send annual fee statements when permit coverage is terminated.(7-1-25)

05.Payment.(7-1-25)

a.Payment of the annual fee is due on December 31, unless it is a Saturday, Sunday, or legal holiday, in which event the payment is due on the successive business day. Payment of annual fees for terminated permit coverage is due at the time of termination.(7-1-25)

b.Payment of the application fee is due with the application for an individual permit or notice of intent for coverage under a general permit. The Department will not authorize permit coverage until the application fee is paid.(7-1-25)

c.A publicly owned treatment works (POTW) may request, in writing, monthly or quarterly installment payments upon receipt of the billing statement. The Department will approve or deny the request and inform the POTW within ten (10) business days.(7-1-25)

06.Delinquent Unpaid Fees. A permittee covered under a general or individual permit will be delinquent in payment if the Department does not receive the assessed annual fee by January 1; or if the permittee opted to pay monthly or quarterly, its monthly or quarterly installment is not received by the Department by the last day of the month the payment is due.(7-1-25)

07.Suspension of Services and Disapproval Designation. Permittees delinquent in payment of fees assessed under Subsections 170.01 and 170.02:(7-1-25)

a.After ninety (90) days, the Department will suspend all technical services it provided. The permittee will receive a warning letter identifying administrative enforcement actions the Department may pursue if the permittee does not comply with the terms of the permit.(7-1-25)

b.After one hundred and eighty (180) days, the Department will consider the permittee in noncompliance with permit conditions and these rules, and subject to provisions described in IDAPA 58.01.25.500 (Enforcement) and Section 39-108, Idaho Code.(7-1-25)

08.Reinstatement of Suspended Services and Approval Status. Permittees for which delinquency of fee payment under Subsection 170.07 resulted in the suspension of technical services, determination of noncompliance of permit condition, or both, the continuation of technical services, determination of compliance based on payment of fee, or both, will occur upon payment of delinquent annual fee assessments.(7-1-25)

09.Enforcement Action. Nothing in Section 170 waives the Department’s right to undertake a nonfee-related enforcement action at any time, including seeking penalties, as provided in Sections 39-108, 39-109, and 39-117, Idaho Code.(7-1-25)

10.Responsibility to Comply. Subsection 170.07 does not relieve a permittee from its obligation to comply with the state and federal statutes, rules, regulations, permits, or orders.(7-1-25)

IDAPA 58.01.14.171 (Reserved)

IDAPA 58.01.14.900 Waiver of Fees

Upon written application to the Department, a waiver of a specific fee may be granted to an applicant who is required by these rules to pay such a fee.(7-1-25)

01.Determination of Good Cause. Good cause for such a waiver must be shown before it will be granted by the Department. Good cause may include hardship or extenuating circumstances, as determined by the Department.(7-1-25)

02.Duration of Waiver. If the fee sought to be waived becomes due periodically, the fee may be waived for a designated period of time.(3-24-22)

03.Limitations. Granting of a waiver will not be considered as precedent or be given any force or effect in any other proceeding.(7-1-25)

IDAPA 58.01.14.901 (Reserved)

58.01.23 Contested Case Rules and Rules for Protection and Disclosure of Records

IDAPA 58.01.23.000 Legal Authority

Sections 39-105, 39-107, and 74-114(8), Idaho Code.(7-1-25)

IDAPA 58.01.23.001 Scope and Applicability

01.Scope.

These rules establish general standards for contested case proceedings and procedures to safeguard trade secrets.(3-31-22)

02.Applicability. Any person aggrieved by an action or inaction of the Department may file a petition to initiate a contested case pursuant to Chapter 52, Title 67, Idaho Code. These rules govern and outline substantive, non-procedural requirements prior to and during any contested case proceeding, except that Idaho Pollutant Discharge Elimination System permit decisions are governed by IDAPA 58.01.25, “Rules Regulating the Idaho Pollutant Discharge Elimination System Program,” Section 204.(7-1-25)

IDAPA 58.01.23.002 Information for Filing

PETITION TO INITIATE CONTESTED CASE.

Hearing coordinator contact and information for filing a petit ion to initiate a contested case is available at: http:// deq.idaho.gov/public-information/laws-guidance-and-orders/petitions-for-review-and-precedential-orders/. (7-1-25)

IDAPA 58.01.23.003 Idaho Rules of Administrative Procedure

For purposes of contested case procedures, other than specifically provided for in these rules, refer to IDAPA 62.01.01, Idaho Rules of Administrative Procedure.(7-1-25)

IDAPA 58.01.23.004 (Reserved)

IDAPA 58.01.23.005 Definitions

The terms “board,” “department,” and “director” have the meaning provided for those terms in Section 39-103, Idaho Code. The terms “contested case,” “order,” “party,” and “person” have the meaning provided for those terms in Section 67-5201, Idaho Code.(3-31-22)

01.Aggrieved Person or Person Aggrieved. Any person or entity with legal standing to challenge an action or inaction of the Department, including but not limited to permit holders and applicants for permits challenging Department permitting actions.(3-31-22)

02.Petition. The pleading initiating a contested case.(3-31-22)

IDAPA 58.01.23.006 (Reserved)

IDAPA 58.01.23.042 Public Notice of Petition

Within fourteen (14) days of the date a petition is filed with the Board, the Board will give reasonable notice to the public. The methods for giving notice will include, at a minimum, the following:(3-31-22)

01.Publication. Publish a one-time legal notice in the newspaper of general circulation in the county in which the petitioner resides or in which the facility or other subject of the petition is located and post the petition on the agency’s website at http://deq.idaho.gov/public-information/laws-guidance-and-orders/petitions-for-reviewand-precedential-orders/. The legal notice will describe the nature of the action initiated by the filing of the petition and will include the date the petition was filed and a method by which interested persons may obtain a copy of the petition; and(7-1-25)

02.Mail. Deliver via email, or First Class U.S. mail if email address is not available, a copy of the legal notice prepared in accordance with Subsection 042.01 of these rules to persons on any mailing list developed by the Department relating to the subject matter of the petition.(3-31-22)

43. -- 059.(RESERVED)

IDAPA 58.01.23.060 Time Period for Filing Petition

Unless provided in Idaho Code or a rule administered by the Department, the petition must be filed thirty-five (35) days from the date of the action or inaction of the Department.(3-31-22)

IDAPA 58.01.23.061 Stay of Department Actions

An action or inaction of the Department, or any portion thereof, which is the subject of a proceeding governed by these rules, is not stayed unless, upon a motion filed by a party, it is so ordered by the presiding officer upon appropriate terms. This section does not apply to Department action governed by Section 67-5254(1), Idaho Code.

(3-31-22)

IDAPA 58.01.23.062 (Reserved)

IDAPA 58.01.23.160 Petition

The petition must: 01.

Contents.(3-31-22)

a.Fully state the facts upon which it is based, including the specific alleged action or inaction of the Department;(3-31-22)

b.Refer to the particular provisions of statute, rule, order or other controlling law upon which it is based. Legal assertions will be accompanied by citations of cases and statutory provisions;(3-31-22)

c.State the relief sought; and(3-31-22)

d.State the basis for the petitioner’s legal standing to initiate the contested case; and(3-31-22)

02.Filing. Be filed in accordance with Section 002 of these rules.(3-31-22)

IDAPA 58.01.23.161 (Reserved)

IDAPA 58.01.23.352 Petitions to Intervene - Proceedings Involving a Permit

A permit applicant or permit holder may intervene as a matter of right in any contested case in which the permit is contested. Petitions to intervene by the permit applicant or permit holder must be filed within twenty-one (21) days after service of the initiating petition upon the permit applicant or permit holder.(7-1-25)

IDAPA 58.01.23.353 (Reserved)

IDAPA 58.01.23.900 Rules for Protection and Disclosure of Records in the Possession of the

DEPARTMENT.

The purpose of Section 900 is to provide measures to safeguard trade secret s as required under Section 74-114(8), Idaho Code.(3-31-22)

01.Safeguarding of Trade Secret Information.(3-31-22)

a.No Department officer or employee may disclose any information subject to a trade secret claim except as specifically mandated by statute.(3-31-22)

b.Access to information subject to a trade secret claim by Department employees, contractors, or other representatives will be limited to access necessary to carry out duties on behalf of the Department.(3-31-22)

c.Any information subject to a trade secret claim and received by the Department will be placed in a clearly marked, confidential section of the file.(3-31-22)

d.The Department will train all new employees, and periodically train existing employees, in the proper filing, tracking and physical handling of records subject to a trade secret claim, and in the procedures established by these rules, Section 74-114, Idaho Code, and any relevant policies adopted by the Department.

Training will be as frequent and extensive as deemed necessary by the Director.(3-31-22)

02.Notice of a Continuing Claim. Release of information pursuant to Section 74-114(4), Idaho Code, will include a notice of a continuing claim. The Department will:(3-31-22)

a.Give notice of a continuing trade secret claim by noting its existence in a cover letter, or by other effective means if a cover letter is impractical, at the time the record is disclosed;(3-31-22)

b.Notify the person receiving the information, subject to a continuing trade secret claim, that the Department’s disclosure does not waive the claim nor authorize any further disclosure by the person receiving the record; and(3-31-22)

c.Disclose a record under Section 74-114(4), Idaho Code, only if the person receiving the record agrees in writing to exercise all means legally available to protect the relevant record or portion of the record from further disclosure.(3-31-22)

IDAPA 58.01.23.901 (Reserved)

58.01.13 Rules for Ore Processing by Cyanidation

IDAPA 58.01.13.000 Legal Authority

Sections 39-105, 39-107, and 39-118A, Idaho Code.(7-1-26)

IDAPA 58.01.13.001 Scope and Intent

01.Scope and Intent. These rules establish the procedures and requirements for the issuance and maintenance of a permit to construct, operate and close a cyanidation facility. The provisions of these rules also establish requirements for water quality that address performance, construction, operation and closure of any cyanidation facility. These rules are intended to ensure that cyanide-containing materials, including spent ore, tailings, and process water, generated in cyanidation, and cyanidation pollutants are safely contained, controlled, and treated so that they do not impair beneficial use of waters or degrade waters.(7-1-26)

02.Compliance. Compliance with a permit issued under these rules does not release the permittee from liability for any unauthorized discharge to or any unauthorized degradation of waters caused by the facility.

IDAPA 58.01.13.002 (Reserved)

IDAPA 58.01.13.003 Administrative Provisions

Persons may be entitled to appeal agency actions authori zed under these rules pursuant to IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-24-22)

IDAPA 58.01.13.004 (Reserved)

IDAPA 58.01.13.006 Confidentiality of Records

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.”(3-24-22)

IDAPA 58.01.13.007 Definitions

The terms “Application,” “As-built Submittal,” “Component or Phase,” “Cyani dation,” “Cyanidation Facility,”

“Cyanidation Pollutants,” “Issued for Construction Data Package,” “Major Modification or Material Modification,” and “Permit” are defined in 39-118A, Idaho Code. The terms “Department,” “Director,” “Person,” and “Waters” are defined in Section 39-103, Idaho Code. The term “ground water” is defined in Section 39-121, Idaho Code. The terms “Beneficial Use” and “Best Management Practices (BMPs)” are defined in IDAPA 58.01.02.(7-1-26)

01.Degradation. When referring to surface water, “degradation” has the meaning provided in IDAPA 58.01.02, Section 010. When referring to ground water, “degradation” has the meaning provided in IDAPA 58.01.11, Section 007.(7-1-26)

02.Discharge. When used without qualification, any spilling, leaking, emitting, escaping, leaching, or disposing of a cyanidation pollutant into waters.(7-1-26)

03.Idaho Pollutant Discharge Elimination System (IPDES) Permit. A permit issued by the Department for the purpose of regulating discharges into surface waters.(3-24-22)

04.Land Application. A process or activity involving application of liquids or slurries potentially containing cyanide from the cyanidation facility to the land surface for the purpose of treatment, neutralization, disposal, or ground water recharge.(3-24-22)

05.Liner. A continuous layer of natural or man-made materials beneath and, if applicable, on the sides of ponds, tailings impoundments, or leach pads that restricts the downward and lateral movement of liquids.

06.Material Stabilization. Managing or treating spent ore, tailings or other solids and/or sludges resulting from the cyanidation process to minimize water or all other applied solutions from migrating through the material and transporting pollutants associated with the cyanidation facility to ensure that all discharges comply with all applicable standards and criteria.(3-24-22)

07.Neutralization or Neutralized. Treatment of process water such that discharge or final disposal of the process water does not, or will not, violate any applicable standards and criteria.(3-24-22)

08.Outstanding Resource Water (ORW). A high quality water, such as water of national and state parks and wildlife refuges and water of exceptional recreational or ecological significance, which has been designated by the legislature and subsequently listed in IDAPA 58.01.02. ORW constitutes an outstanding national or state resource that requires protection from point and nonpoint source activities that may lower water quality.

09.Permanent Closure. Those activities that result in neutralization, material stabilization and decontamination of cyanidation facilities and the facilities’ final reclamation.(3-24-22)

10.Permanent Closure Plan. As defined in Chapter 15, Title 47, Idaho Code, and meets the intent and purpose of Section 39-118A, Idaho Code, and all applicable rules.(7-1-26)

11.Permittee. The person in whose name a permit is issued and who is to be the principal party responsible for compliance with these rules and the conditions of a permit.(3-24-22)

12.Pond. A process component that stores, confines, or otherwise significantly impedes the horizontal and downward movement of process water. This term does not include tailings impoundments or non-earthen containers such as vats and tanks.(3-24-22)

13.Post-Closure. The period of time after completion of permanent closure when the permittee is monitoring the effectiveness of the closure activities. Post-closure lasts a minimum of twelve (12) months but may extend until the cyanidation facility is shown to be in compliance with the stated permanent closure objectives and requirements of Chapter 15, Title 47, Idaho Code, and all applicable rules.(3-24-22)

14.Process Water. Any liquid intentionally or unintentionally introduced into any portion of the cyanidation process which may contain cyanide pollutants.(7-1-26)

15.Seasonal Closure. Annual cessation of operations that is due to weather.(3-24-22)

16.Sensitive Resource Aquifer. Any aquifer or portion of an aquifer listed in IDAPA 58.01.11, Subsection 300.01.(7-1-26)

17.Tailings Impoundment. A process component that is the final depository for processed ore from the mining, milling, or chemical extraction process.(3-24-22)

18.Temporary Closure. Any cessation of operations exceeding thirty (30) days, other than seasonal or permanent.(3-24-22)

19.Treatment or Treated. Any method, technique or process, including neutralization, that changes the physical, chemical, or biological character or composition of a waste for the purpose of disposal, or the end result of such action.(3-24-22)

20.Water Balance. An inventory and accounting process, capable of being reconciled, that integrates all potential sources of water that are entrained in the cyanidation facility or may enter into or exit from the cyanidation facility. The inventory must include the water holding capacity of specific structures within the facility that contain process water. The water balance is used to ensure that all process water and cyanidation pollutants can be contained as engineered and designed within a factor of safety as d etermined in the permanent closure plan.

21.Water Management Plan. A document that describes the results of the water balance and the methods that will be used to ensure that cyanidation pollutants are not discharged from a cyanidation facility into waters unless permitted or otherwise approved by the Department.(7-1-26)

22.Weak Acid Dissociable (WAD) Cyanide. The cyanide concentration as determined by Method C, Weak Acid Dissociable Cyanide, D2036 of American Society of Testing Materials Book of Standards, “Standard Methods for the Examination of Water and Wastewater,” Method 4500-CN- I, or other methods accepted by the scientific community and deemed appropriate by the Department.(3-24-22)

IDAPA 58.01.13.008 (Reserved)

IDAPA 58.01.13.010 Applicability to Facilities with Existing Permits

A cyanidation facility with an existing permit approved by the Department prior to July 1, 2005, is subject to the applicable laws and rules for ore processing by cyanidation in effect on June 30, 2005. Major modifications or material modifications of such facilities are subject to Section 39-118A, Idaho Code.(7-1-26)

IDAPA 58.01.13.011 (Reserved)

IDAPA 58.01.13.050 Pre-Application Process and Preliminary Design

01.Pre-application Conference. An y person who intends to apply for a permit or proposes to construct or operate a facility that is intended to contain, treat, or dispose of process water and process-contaminated water generated in ore processing operations that utilize cyanide as a primary leaching agent should contact the Department during the initial stages of site characterization to schedule a pre-application conference. Once a cost recovery agreement in accordance with Section 39-118A(7), Idaho Code, has been executed, prospective applicants are encouraged to begin meeting with agents of the Department at least one (1) year in advance of preliminary design submittal to discuss, at a minimum, the following.(7-1-26)

a.Environmental baseline data requirements; waste characterization requirements; siting requirements; operation and maintenance plans; emergency and spill response plans; quality assurance/quality control plans; required contents for permit applications; agency cyanidation facility visits.(3-24-22)

b.The proposed water quality monitoring and reporting required in Subsection 200.11 and the monitoring well siting and construction plans required in Subsection 200.12. The applicant is encouraged to submit a report describing the purpose, objectives, location, and proposed construction of monitoring wells to the Department for review and comment during the initial stages of site characterization.(3-24-22)

c.The preliminary design report and alternative design proposals required prior to application submittal under Subsection 050.02.(3-24-22)

d.The permitting process, application procedures, public review and comment periods, and permit schedule.(3-24-22)

e.The timing of additional pre-application meetings. The pre-application conference may trigger a period of collaborative effort between the applicant, the Department, and the Idaho Department of Lands to develop an application that complies with rule requirements and ensures the facility will not impair beneficial use of waters or degrade waters.(7-1-26)

02.Information Required for Preliminary Design Report. Submittal of a preliminary design report is mandatory. Upon submittal, the preliminary design report must include sufficient detail to determine the following:

a.The general framework and design criteria for the project;(3-24-22)

b.How the project will address each applicable requirement in Subsection 100.03 and Sections 200 through 205, or why a specific requirement in Subsection 100.03 and Sections 200 through 205 is not applicable;

c.How the design criteria were identified, or the approach the applicant will use to determine design criteria for which insufficient data is available at the time of the preliminary design;(3-24-22)

d.How the requirements of these rules will be met in the final permit application; and(3-24-22)

e.How design, construction, operation, and closure will ensure the facility will not impair beneficial use of waters or degrade waters.(7-1-26)

03.Notice of Preliminary Design Approval or Disapproval. Unless otherwise provided in this Subsection 050.03, the Director will notify the applicant in writing of the decision to approve or disapprove a preliminary design report within thirty (30) days after the Department receives all information required by Subsection 050.02. For alternative design proposals submitted under Section 205, the Director will notify the applicant in writing of the decision for alternative design approval or disapproval within ninety (90) days after the Department receives all information required by Section 205. The time required to review and, if appropriate, approve the preliminary design report is separate from and not included as part of the one hundred eighty (180) day period for issuing notice of rejection or notice of approval of the permit under Section 39-118A(11)(a), Idaho Code. Approval of the preliminary design report does not authorize the construction, modification, or operation of the cyanidation facility.(7-1-26)

IDAPA 58.01.13.051 (Reserved)

IDAPA 58.01.13.100 Permit and Permit Application

01.Permit Required. N o person may construct a new cyanidation facility prior to obtaining a permit from the Director. No person may make a major modification or material modification to a cyanidation facility prior to obtaining a modified permit for such modification pursuant to Section 750.(7-1-26)

02.Permit Application. The owner or proposed operator of a cyanidation facility or the owner’s or operator’s authorized representative must:(3-24-22)

a.Make application to the Director in writing and in a manner or form prescribed herein; and

b.Provide five (5) paper copies of the application to the Director, unless otherwise agreed to by the Department and the applicant.(3-24-22)

03.Contents of Application. A permit application and its contents will be used to determine if an applicant can locate, construct, operate, maintain, close, and monitor the proposed cyanidation facility in conformance with Section 39-118A, Idaho Code, and these and other applicable rules including, but not limited to, IDAPA 58.01.02, IDAPA 58.01.08, IDAPA 58.01.05, IDAPA 58.01.06, IDAPA 58.01.11, and IDAPA 58.01.25. The application must include the information required by Section 39-118A(8), Idaho Code, and in this subsection, in sufficient detail to allow the Director to determine if the application is technically complete as defined in Section 39- 118A(1)(o), Idaho Code, and is in compliance with Sections 200 through 205 as applicable, and Section 39-118A(8), Idaho Code.(7-1-26)

a.Name, location, and mailing address of the cyanidation facility.(3-24-22)

b.Name, mailing address, and phone number of the applicant, and a registered agent.(3-24-22)

c.Land ownership status of the cyanidation facility (federal, state, private, or public).(3-24-22)

d.Name, mailing address, and phone number of the applicant’s construction and operations manager.

e.The legal structure (corporation, partnership, etc.) and residence of the applicant.(3-24-22)

f.The legal description, to the quarter-quarter section, of the location of the proposed cyanidation facility.(3-24-22)

g.Evidence the applicant is authorized by the Secretary of State to conduct business in the State of Idaho.(3-24-22)

h.A general description of the operational plans for the cyanidation facility from construction through permanent closure. This description must include any proposed phases for construction, operations, and permanent closure.(3-24-22)

i.The design maximum daily throughput of ore through the cyanidation facility and the total projected volume of material to be processed during the life of the operation.(3-24-22)

j.Cyanidation facility layouts including water management systems designed to segregate storm water from process water.(3-24-22)

k.A geotechnical evaluation of all process water and process chemical containment systems within the proposed cyanidation facility.(3-24-22)

l.A preconstruction topographic site map or aerial photos extending at least one (1) mile beyond the outer limits of the cyanidation facility, identifying and showing the location and extent of the following features:

i.All wells, perennial and intermittent springs, adit discharges, wetlands, surface waters, and irrigation ditches that may be affected by the cyanidation facility;(3-24-22)

ii.All process water supply source(s);(3-24-22)

iii.All public and private drinking water supply source(s) within at least one (1) mile of the cyanidation facility;(3-24-22)

iv.Identified floodplain areas (shown on USGS sectional Quadrangle maps);(3-24-22)

v.All service roads and public roads;(3-24-22)

vi.All buildings and structures within half (1/2) a mile of the cyanidation facility;(3-24-22)

vii.All outstanding resource waters and sensitive resource aquifers within one (1) mile of the cyanidation facility; and(3-24-22) viii.All Clean Water Act Section 303(d) listed streams, and their listed impairments, within ten (10) miles of the site boundary that may be affected by the cyanidation facility.(3-24-22)

m.To the extent such information is available, a description and location of underground mine workings and adits and a description of the structural geology that may influence ground water flow and direction.

n.A description of the proposed land application site. The description must include a potentiometric map, surface and subsurface soil characteristics, geology, hydrogeology and ground water quality. The description of these characteristics must be sufficient to determine anticipated impacts to the affected soils, associated vadose zone as well as anticipated changes in geochemistry that may affect surface and ground water quality.(3-24-22)

o.Siting diagram for land application sites, monitoring wells, lysimeters, surface or ground water discharge sites, or surface water monitoring locations.(3-24-22)

p.A description of measures to protect wildlife that may be affected by the facility.(3-24-22)

q.Proposed post-construction topographic maps.(3-24-22)

r.Engineering plans and specifications for all components or phases of the cyanidation facility must be submitted to the Department for review and approval. Preliminary designs for components or phases of the cyanidation facility may be submitted as part of the permit application pursuant to Section 39-118A(18), Idaho Code.

Department review and approval of the issued for construction data package is required before construction of those components or phases may begin. All cyanidation facility engineering plans and specifications must bear the imprint of an Idaho licensed professional engineer that is both signed and dated by the engineer. These plans and specifications must, at a minimum, include all of the following information applicable to the proposed facility.

i.Designs sufficient to demonstrate the facility’s ability to meet applicable criteria in Sections 200 through 204.(7-1-26)

ii.Any alternative design approved by the Department under Section 205.(3-24-22)

iii.The water balance, ore flow, and processing calculations demonstrating the logic behind sizing of facilities.(3-24-22)

iv.The general ore processing overview and analyses of chemical compatibility of containment materials with process chemicals and wastes, including a chemical mass balance at inputs and outputs from the cyanidation facility.(3-24-22)

v.Geotechnical data and analyses demonstrating the logic for plans and specifications of foundation materials and placement.(3-24-22)

vi.Requirements for site preparation.(3-24-22)

vii.Pumping and dewatering requirements.(3-24-22) viii.Procedures for materials selection and placement for backfilling foundation areas.(3-24-22)

ix.Criteria for caps and covers used as source control measures.(3-24-22)

x.Criteria for ensuring stability of embankments for pads, ponds and tailings impoundments.

xi.Procedures to classify and modify, if necessary, excavated fill, bedding and cover materials for buildings, pads, ponds, and tailings impoundments.(3-24-22)

xii.Plumbing and conveyance schematics and component specifications.(3-24-22) xiii.Plan views and cross-section drawings of leach pad, permanent heaps, vats, process water storage ponds, tailings impoundments, and spent ore disposal areas.(3-24-22)

xiv.Leak detection and collection system plans and specifications including, but not limited to, schematics and narratives describing liner and geotextile material specifications, sumping capacity and layout, location of monitoring port(s), monitoring port components, construction operation and maintenance procedures for monitoring ports and pumping systems, including backup system, triggers for containment repairs, replacement or other contingency mitigation, frequency of monitoring, and monitoring parameters.(3-24-22)

xv.Provisions to protect containment systems from heavy equipment, fires, earthquakes, and other natural phenomena.(3-24-22)

xvi.Quality assurance/quality control procedures.(3-24-22) xvii.The identity and qualifications of the person(s) directly responsible for supervising construction and quality assurance/quality control.(3-24-22)

s.Operation and maintenance plans that include all of the following:(7-1-26)

i.Maintenance plans, including routine service procedures for containment systems, process chemical storage, and disposal of contaminated water or soils.(7-1-26)

ii.A water management plan that provides for handling and containment of process water including the methods to manage and/or treat all process water and cyanidation pollutants, run-off or run-on water, emergency releases, and excess water due to flood, rain, snowmelt, or other similar events. The plan must include the basis for the designed containment volumes and estimations of the need for and operation of a land application site, injection wells, infiltration galleries or leach fields, or the need for an IPDES permit. The permittee will update the plan on a regular basis to reflect the reconciliation of the water balance changes in the project through construction, operation, maintenance, and permanent closure, including modifications to the cyanidation facility.(7-1-26)

iii.A proposed water quality monitoring plan.(3-24-22)

iv.An emergency and spill response plan that describes procedures and methods to be implemented for the abatement and clean up of any cyanidation pollutant that may be discharged from the cyanidation facility.

v.A seasonal/temporary closure plan, if applicable, that describes the procedures, methods, and schedule to be implemented for the treatment and disposal of process water and cyanidation pollutants, the control of drainage from the cyanidation facility during the period of closure, the control of drainage from the surrounding area, and the secure storage of process chemicals.(7-1-26)

t.The permanent closure plan must be the same as the plan submitted to the Idaho Department of Lands pursuant to the Idaho Mind Land Reclamation Act, Chapter 15, Title 47, Idaho Code, and the rules promulgated thereunder.(3-24-22)

u.Characterization of cyanidation pollutants contained in or released from the cyanidation facility, including the potential for the cyanidation pollutants to cause degradation of waters.(7-1-26)

IDAPA 58.01.13.101 (Reserved)

IDAPA 58.01.13.200 Requirements for Water Quality Protection

The following design and performance standards are intended as the minimum criteria for pro tection of public health and waters. These standards apply to all facilities unless the Department determines that other site-specific criteria, including an alternative design approved under Section 205, are appropriate to protect water quality and the public health.(3-24-22)

01.Professional Engineer. Plans and specifications for construction, alteration or expansion of any cyanidation facility must be prepared by or under the supervision of an Idaho licensed professional engineer and bear the imprint of the engineer’s seal. Construction must be observed by an Idaho licensed professional engineer or a person under the supervision of an Idaho licensed professional engineer.(3-24-22)

02.Plans and Specifications. An issued for construction data package must be submitted to and approved by the Department before construction may begin (Section 39-118A(18)(b), Idaho Code). All construction must be in compliance with Section 39-118A(17), Idaho Code. Within thirty (30) days of the completion of such construction, an as-built submittal must be submitted to the Department (Section 39- 118A(19), Idaho Code) .(7-1-26)

03.Manufacturer’s Specifications. Manufacturer’s specifications for materials and equipment necessary to meet the requirements of Subsection 100.03.r. and Sections 200 through 205 for containment of process water must be submitted to the Department with the plans and specifications required in Subsection 200.02 before construction may begin.(3-24-22)

04.Siting and Preparation. All cyanidation facilities including, but not limited to, the process building, laboratories, process chemical storage and containment facilities, plumbing fixtures that support process water, untreated or treated process water ponds, tailings impoundments, ore stock piles, and spent ore disposal areas must be appropriately sited and prepared for construction. Siting criteria must ensure that, at a minimum, the facilities are structurally sound and that containment systems can be adequately protected against factors such as wild fires, floods, land slides, storm water run-on, erosion, migrating stream channels, high ground water table, equipment operation, subsidence of underground workings, public access and public activities. All sites must be properly prepared prior to construction of foundations and facilities. Vegetation, roots, brush, large woody debris and other deleterious materials, top soil, historic foundations and plumbing, or other materials that may adversely affect appropriate construction and long term stability, must be removed from the footprint of the cyanidation facility unless approved by the Department.(3-24-22)

05.Process Water Storage Sizing Criteria. All aspects of the cyanidation facility that entrain, utilize, treat, discharge, pump, convey, or otherwise contain process water, treated process water, or run-off water from any portion of the cyanidation facility must be included in the water balance. Each pond, tailings impoundment, and ditch containing process water must be designed to maintain a minimum two (2) foot freeboard during storage or conveyance of the design climatic events plus maximum expected normal operating levels. Leach pad design must provide containment of the maximum expected operating flows plus storm flows from the design climatic event. At a minimum, a cyanidation facility must be designed to contain the maximum expected normal operating water balance and the volume of run-on and run-off water associated with a climatic event that has a one percent (1%) annual exceedance probability. Snowmelt events will be considered in determining the maximum flow volume during the design climatic event. Contingency plans for managing excesses of all water included as a part of the water balance must be described in the water management strategy. Each structure that impounds process water or processcontaminated water must include a means of passing excess water unless otherwise approved by the Department.

06.Minimum Plans and Specifications. Unless the Department approves an alternative design under Section 205, the plans and specifications for any portion of a cyanidation facility that will contain process water must satisfy the applicable general design criteria in Subsection 200.06 and the design criteria in Sections 201 through 204 for the type of facility receiving process water. These provisions establish minimum cyanidation pollutant control technologies and define the site and operating conditions that must be evaluated.(7-1-26)

a.Cyanidation facility design must:(3-24-22)

i.Minimize releases of cyanidation pollutants into ground water or subsurface migration pathways so that any release will not cause unauthorized degradation of waters.(7-1-26)

ii. Preclude any differential movement or shifting of the subgrade, soil layer, liner or contained material that endangers containment integrity as a result of the proposed range of operating conditions for each component and anticipated seismic activity at the site.(3-24-22)

iii. Include additional containment of process water, as requested by the Department, in areas where ground water is considered to be near the surface. Ground water is considered to be near the surface if:(3-24-22)

(1)The depth from the surface to ground water is less than one hundred (100) feet and the top one hundred (100) feet of the existing formation has a hydraulic conductivity greater than 10 -5 (2)Open fractured or faulted geologic conditions exist in the bedrock from the surface to the ground water; or(3-24-22)

(3)There is an inability to document that all borings beneath the cyanidation facility have been adequately abandoned.(3-24-22)

iv. Not locate new process component containing process water within one thousand (1,000) feet of any dwelling that is occupied at least part of the year and not owned by the permittee. This does not apply to modifications at a facility that predates such a dwelling.(3-24-22)

v.Include measures for preventing wildlife contact with process water having a WAD cyanide concentration in liquid fraction exceeding fifty (50) mg/L. The Department may require additional measures if wildlife mortality is observed.(3-24-22)

vi.Implement measures to protect birds, other wildlife and livestock from adverse effects of cyanide process water and cyanidation pollutants.(7-1-26)

vii.Include a quality assurance/quality control plan for the construction of containment systems that provides a process for documenting owner acceptance of all underlying components of the containment system prior to construction of the overlying components.(3-24-22)

b.Liner systems must:(3-24-22)

i.Have a structurally stable subgrade for the overlying components and contained material. The subgrade should be constructed to resist consolidation, excessive differential settlement that compromises liner performance, and uplift resulting from pressures inside or outside the containment unit to prevent distortion of overlying components.(3-24-22)

ii.Have a smooth rolled and compacted soil layer, or equivalent layer approved by the Department, in intimate contact with the overlying geomembrane liner with the following characteristics:(3-24-22)

(1)A minimum thickness of twenty-four (24) inches compacted to ninety-five percent (95%) of maximum dry density according to Standard Proctor Test ASTM D698 or Modified Proctor Test ASTM D1557;

(2)Soil placed in a minimum of four (4) lifts that each have a compacted thickness of six (6) inches and a hydraulic conductivity less than or equal to 10 (3)An uppermost lift of soil that does not contain particles in excess of point seven five (0.75) inches (nineteen (19) mm) in largest dimension unless larger particles are consistent with the manufacturer’s specifications for the overlying liner and approved by the Department;(3-24-22)

(4)No putrescible, frozen, or other deleterious materials.(3-24-22)

(5)No angular, sharp material regardless of diameter; and(3-24-22)

(6)Soil placed within two percent (2%) of optimum moisture content to achieve the specified compaction and hydraulic conductivity.(3-24-22)

iii.Include the following if an equivalent layer replacing the soil layer described in Subsection 200.06.b.ii. is proposed:(3-24-22)

(1)A layer that is not a geomembrane and has a liquid flow rate no greater than that of twenty-four (24) inches of compact soil with a hydraulic conductivity less than or equal to 10 (2)Materials with appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste, process water, or process-contaminated water to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;(3-24-22)

(3)Materials that provide appropriate shear resistance of the upper and lower component interface to prevent sliding of the upper component including on slopes;(3-24-22)

(4)Certification from an Idaho licensed professional engineer that the liquid flow rate per unit area through the equivalent layer is no greater than the liquid flow rate through two (2) feet of compacted soil with a hydraulic conductivity less than or equal to 10 cm/sec, considering the maximum hydraulic head anticipated on the liner system and the thickness of the equivalent layer replacing the two (2) feet of compacted soil; and(3-24-22)

(5)Plans and specifications for an equivalent layer that substantially reflect the manufacturer’s specifications and standards for construction, operation and maintenance unless otherwise approved by the Department.(3-24-22)

iv.Include geomembrane liners consisting of high density polyethylene, linear low-density polyethylene, or equivalent, rated as having a resistance to the passage of process water equal to or less than a hydraulic conductivity of 10 -11 cm/sec. Each geomembrane liner will be constructed of materials with appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation and permanent closure.(3-24-22)

v. Be constructed according to manufacturer’s standards, or Department-approved design standards, and protect against damage from cracking, sun exposure, ice, frost penetration or heaving, wildlife, wildfires, and damage that may be caused by personnel or equipment operating in or around these facilities.(3-24-22)

vi. Have an appropriate coefficient of friction against sliding plus a factor of safety for each interface constructed on a slope.(3-24-22)

vii. Have minimum factors of safety, and the logic behind their selection, for the stability of the earthworks and the lining systems.(3-24-22)

viii. Include redundant systems for failures in primary power or pumping systems.(3-24-22)

ix.Have liner material that meets the manufacturer’s quality assurance/quality control performance specifications.(3-24-22)

07.Process Buildings, Process Chemical Storage Containment Areas and General Facility Criteria. Storage, handling and use of all process chemicals, process wastes, process water and cyanidation pollutants must be conducted within a clean, safe and secure work space to prevent unauthorized discharges to soils, ground water or surface water. The plans and specifications must contain sufficient detail, including pump capacity and plumbing for evacuation of collection sumps, triggering systems for sump evacuation, and monitoring and reporting requirements and, where appropriate, provide for:(7-1-26)

a.Structural integrity of the foundation, walls and roof for process and process chemical storage buildings;(3-24-22)

b.Restriction of public access;(3-24-22)

c.Protection of wildlife;(3-24-22)

d.Internal sumps and spill cleanup plans;(3-24-22)

e.Grouted and sealed concrete stemmed walls and floors in the process buildings and process chemical storage and containment facilities;(3-24-22)

f.Vapor barriers and frost protection;(3-24-22)

g.Segregation of process chemicals according to compatibility;(3-24-22)

h.Communication systems;(3-24-22)

i.Fire suppression systems, internal and external; and(3-24-22)

j.Quality assurance/quality control for construction activities and construction materials. (3-24-22)

08.Cap and Cover Criteria. Caps and covers used as source control measures for facilities must be designed and constructed to minimize the interaction of meteoric waters, surface waters, and ground waters with wastes containing cyanidation pollutants that are likely to be mobilized and discharged to waters. Caps and covers designed for permanent closure must demonstrate permanence applicable to the permittee’s designed and approved permanent closure plan.(7-1-26)

09.Plumbing and Conveyance Criteria. Plumbing and conveyance systems must:(3-24-22)

a.Be struct urally sound and chemically compatible with the materials being conveyed;(3-24-22)

b.Provide adequate primary and secondary containment; and(3-24-22)

c.Be protected against heat, cold, mechanical failures, impacts, fires, and other factors that may cause breakage and result in unauthorized discharges.(3-24-22)

10.Operation and Maintenance Plans. Operation and maintenance plans must be submitted to the Department for review and approval. Operation and maintenance plans must include, but are not limited to:(3-24-22)

a.An overall plan that includes techniques for evaluating the integrity and performance of all containment systems;(3-24-22)

b.Schedule for inspections of all containment systems;(3-24-22)

c.Schedule for inspections on piping and conveyance systems that carry process water;(3-24-22)

d.Response plans that detail specific actions that will result in mitigation of compromised or damaged containment systems; and(3-24-22)

e.Response plans that detail specific thresholds identified under Section 39-118A(9), Idaho Code, the locations and frequency at which the thresholds will be monitored, and actions that will result in mitigation of an exceedance of any threshold.(7-1-26)

11.Water Quality Monitoring and Reporting. The water quality monitoring plan submitted with the application must be reviewed and, if appropriate, approved by the Department. The approved water quality monitoring plan must comply with Section 39-118A(9), Idaho Code, and:(7-1-26)

a.Provide for physical, chemical and biological monitoring, including measurements of surface water flow, wildlife and bird mortality, and aquatic indicator species in potentially affected surface and ground water, as appropriate;(3-24-22)

b.Provide for sampling locations and frequency;(3-24-22)

c.Provide an assessment of the existing surface and ground water conditions prior to construction of the proposed cyanidation facility;(3-24-22)

d.Be site specific and dependent on location, design and operation of the cyanidation facilities included in the overall operating plan;(3-24-22)

e.Provide analytical methods and method detection limits for chemical analysis used in the determination of water quality;(3-24-22)

f.Provide a quality assurance quality control plan for data collection and analysis;(3-24-22)

g.Provide for appropriate and timely analytical data analyses including evaluations of water quality and quantity trends;(3-24-22)

h.Provide an annual environmental monitoring and data analysis report of water quality and quantity trends;(3-24-22)

i.Provide for the reporting and re-sampling of monitoring locations where detectable and statistically significant changes in water quality are found. The permittee must propose a statistical method to determine the significance of the changes in water quality; and(3-24-22) j.

Provide for anticipated changes or modifications to monitoring plans, which may be the result of a phased approach to cyanidation facili ty construction, operations and permanent closure.(3-24-22)

12.Monitoring Wells Siting and Construction Plans. The applicant is encouraged to submit a report describing the purpose, objectives, location and proposed construction of monitoring wells to the Department for review and comment during the initial stages of site characterization. A monitoring well siting and construction plan must be provided upon submittal of the preliminary design report under Subsection 050.02.(3-24-22)

a.Monitoring well siting and construction plans must provide for the following.(3-24-22)

i.A quality assurance/quality control plan for well construction.(3-24-22)

ii.A minimum of three (3) monitoring wells with one (1) located up gradient and two (2) located down gradient of primary components of the cyanidation facility to determine ground water flow direction. (3-24-22)

b.Siting and planning for additional wells or replacement wells may be required in the permit application and final permit. Specifically, additional wells may be required for:(3-24-22)

i.Large areas with multiple potential sources for cyanidation pollutants;(7-1-26)

ii.Areas with complex geology, fractured bedrock; and(3-24-22)

iii.Areas with insufficient background hydrogeology.(3-24-22)

c.All monitoring well construction must also conform to the well construction rules listed in IDAPA 37.03.09.(7-1-26)

d.Record diagrams including well construction details, well elevation and a detailed geologic log must be provided to the Department for each monitoring well.(3-24-22)

13.Land Application. Plans and specifications must include:(3-24-22)

a.An operation and maintenance plan including:(3-24-22)

i.Water balance for the land application site;(3-24-22)

ii.Pretreatment requirements and procedures;(3-24-22)

iii.Operating season for land application;(3-24-22)

iv.Seasonal closeout procedures;(3-24-22)

v.Special soils or vegetative amendments;(3-24-22)

vi.Storm water run-on/run-off controls;(3-24-22)

vii.Best management practices for all areas impacted by the land application system; and(3-24-22) viii.A topographic map of the land application site and adjacent affected areas, of sufficient scale to facilitate site-specific analysis of soils, vegetation, surface water, and ground water;(3-24-22)

b.Chemical, physical, and volumetric characteristics of the material to be land applied;(3-24-22)

c.A complete description of the chemical and physical characteristics of the soils and applicable geology of the land application site;(3-24-22)

d.Methods of process water treatment, distribution and disposal;(3-24-22)

e.Hydraulic loading capacity of the soils;(3-24-22)

f.Constituent loading capacity of the site;(3-24-22)

g.Attenuation capacity of the vegetative covers and soils;(3-24-22)

h.Evapotranspiration capacity of the site;(3-24-22)

i.Testing and analytical procedures for water quality and soils samples prior to, during, and following the land application process;(3-24-22)

j.Trend analysis of the constituent loading in the affected soils, vegetation, and water quality of the affected surface or ground water systems;(3-24-22)

k.Reporting requirements including both frequency and form; and(3-24-22)

l.Standby power and pumps sufficient to maintain all treatment and distribution works.(3-24-22)

14.Temporary or Seasonal Closure. Temporary and seasonal closure plans for the entire cyanidation facility must be submitted by an applicant to the Department for review and approval prior to issuance of a final permit. Temporary and seasonal closure plans may, subject to Department approval pursuant to Section 750, be modified to provide for changes in operating conditions of the facilities and must incorporate a water management plan for the period of inactivity as well as during shut down and reactivation.(3-24-22)

a.Prior to seasonal closure, process buildings, process chemical storage, process water ponds, tailings impoundments, spent ore disposal areas and other ancillary facilities must be stabilized and/or conditioned to prevent any emergency or unauthorized discharges to surface or ground water.(3-24-22)

b.Subsequent to seasonal closure, process buildings, process chemical storage, process water ponds, tailings impoundments, spent ore disposal areas and other ancillary facilities must be maintained to prevent any emergency or unauthorized discharges to surface or ground water. Cyanidation facilities must be conditioned and maintained to provide:(3-24-22)

i.Material stabilization for all solids affected by process waters;(3-24-22)

ii.Optimum freeboard in all ponds, as dictated by the water management plan;(3-24-22)

iii.Fully functional power and pumping systems that are ready for use; both power and pumps are to incorporate redundant systems to allow for failure of either power or a pumping system. A failed power supply or pump is not an acceptable reason for an unauthorized discharge;(3-24-22)

iv.Protection of all containment; and(3-24-22)

v.Sufficient availability of qualified staff to restrict public access, fully implement the water quality monitoring plan, and initiate the emergency and spill response plan.(3-24-22)

15.Employee Education Program. Operators and staff of facilities must be properly oriented and trained to operate, maintain, and protect containment systems; waste disposal and discharge systems; and to implement monitoring and emergency and spill response plans. An applicant must submit an employee orientation and continuing training plan to the Department for review prior to issuance of a final permit. The plan must provide the format and contents for training, the general qualifications of the person(s) responsible for training and testing, and the person(s) or positions who must receive such training.(3-24-22)

IDAPA 58.01.13.201 Design Criteria for Leach Pads and Other Nonimpounding Surfaces That

CONTAIN AND PROMOTE HORIZONTAL FLOW OF PROCESS WATER.

Plans and specification for leach pads and other nonimpounding surfaces that temporarily contain, not impound, process water and promote the horizontal flow of process water must provide for all of the following.(3-24-22)

01.Minimal Hydraulic Head. Process water is limited to twelve (12) inches or less hydraulic head pressure on the liner systems.(3-24-22)

02.Engineered Liner System. In addition to meeting the general liner requirements in Subsection 200.06.b., the engineered liner system plans and specifications are to provide for geomembrane liners with a minimum thickness of eighty (80) milli-inches (two point zero (2.0) mm) or equivalent liners approved by the Department.(3-24-22)

a.If leach pads or other non-impounding surfaces are located above areas where ground water is considered near the surface pursuant to Subsection 200.06.a.iii., the Department may require a liner system with a higher level of engineered containment.(3-24-22)

b.When a material or system that provides hydraulic relief is installed, beneath a single liner, including, but not limited to, sand, French drains and geotextiles, regardless of the intent of its design, it is to function as a leak detection system and include a means for recovering process water.(3-24-22)

c.Depending on the methods and materials used for their construction, the Department may require all open channels that routinely transport process water to be traced by a leak detection system.(3-24-22)

03.Ore Loading Procedures. Procedures for loading ore onto the leach pads that minimize tensile stresses in the containment liners that may result in failure of the liners.(3-24-22)

04.Monitoring. Monitoring points that will provide for early detection of any discharge.(3-24-22)

5. Process Water Containment. Where appropriate, process water containment calculations at the leach pad perimeter should include the potential for drainage constrictions, including constrictions due to talus or washouts at the ore pile toe. Ore pile setbacks from the leach pad perimeter should be calculated based on local climatic conditions, ore properties, and site specific operating conditions. Solution collection ditches in which the liner is contiguous with the leach pad may be used to satisfy perimeter containment requirements.(3-24-22)

IDAPA 58.01.13.202 Design Criteria for Process Ponds

01.Engineered Liner System. In addi tion to meeting the general liner requirements in Subsection 200.06.b., the engineered liner system plans and specifications must provide for all of the following.(3-24-22)

a.Lower geomembrane liners with a minimum thickness of eighty (80) milli-inches (two point zero (2.0) mm) or equivalent liners approved by the Department.(3-24-22)

b.Leak detection and collection system that provides material between the lower geomembrane liner and the upper liner system to collect, transport and remove all process water that passes through the upper liner at such a rate as to prevent hydraulic head from developing on the lower geomembrane liner to the level at which it may be reasonably expected to result in leaks through the lower liner system.(3-24-22)

c.Upper geomembrane liners with a minimum thickness of eighty (80) milli-inches (two point zero (2.0) mm) or equivalent liners approved by the Department.(3-24-22)

d.Routines and schedules for the evaluation of the efficiency and effectiveness of the removal of process water from the leak collection system. The properly working system will continually relieve head pressures on the lower geomembrane liner.(3-24-22)

e.Monitoring points that will provide for early detection of any discharge.(3-24-22)

f.Specific triggers for maintenance routines to address inadequate performance of liner systems.

g.Specific operation and maintenance procedures to address inadequate performance of containment or leak detection and collection systems.(3-24-22)

02.Temporary Containment. Ponds for temporary containment of excess quantities of process water as a result of storm events may be constructed with a single liner if approved by the Department.(3-24-22)

IDAPA 58.01.13.203 Design Criteria for Containers That Confine Process Water

Vats, tanks, or other containers that are partially buried an d cannot be visually inspected must have a system providing secondary containment and leak detection. If visual inspection is possible and an area for secondary containment equal to one hundred ten percent (110%) of the largest container is provided, a double liner is not required.(3-24-22)

IDAPA 58.01.13.204 Design Criteria for Ta

ILINGS IMPOUNDMENTS.

01.Engineered Liner System. In addi tion to meeting the general liner requirements in Subsection 200.06.b., the engineered liner system plans and specifications must provide for the following.(3-24-22)

a.Geomembrane liners with a minimum thickness of sixty (60) milli-inches (one point five (1.5) mm) or equivalent liners approved by the Department.(3-24-22)

b.A system to limit hydraulic head over the geomembrane liner that preserves the integrity and longterm performance of the liner system and includes the following:(3-24-22)

i.A system to reduce excess pore pressure within the tailings; and(3-24-22)

ii.A plan for managing the depth, area, and volume of process water occurring above the tailings surface and in direct contact with the liner, including thresholds and contingency measures to manage excess accumulation of process water in the facility.(3-24-22)

c.Monitoring points that will provide for early detection of discharges of cyanidation pollutants.

02.Enhanced Containment Criteria. An enhanced level of containment may be required by the Department for all of the tailings impoundment or for a portion thereof after considering the following factors:

a.The anticipated characteristics of the material to be deposited;(3-24-22)

b.The characteristics of the soil and geology of the site;(3-24-22)

c.The methods employed and degree to which the hydraulic head on the liner is minimized;

d.The extent of and methods used for material stabilization and recycling or neutralization of process water;(3-24-22)

e.Area and volume of process water;(3-24-22)

f.The depth from the surface to all ground water;(3-24-22)

g.The methods employed in depositing the impounded material; and(3-24-22)

h.The proximity to surface water and the ground water interactions with surface water.(3-24-22)

3. Tailings Treatment. Tailings impoundments are restricted to a maximum of fifty (50) mg/L WAD cyanide concentration in the liquid fraction unless otherwise approved by the Department.(3-24-22)

IDAPA 58.01.13.205 Alternative Plans and Specifications for Facilities That Contain Process

WA TER.

An applicant may propose an alternative to the requirements identified in Subsection 200.06, Sections 201, 202, 203, or 204 based on site-specific conditions and best management practices to protect water quality and human health.

All other requirements in Section 200 apply to alternative design proposals.(3-24-22)

01.Alternative Design Proposal. The applicant must demonstrate that the alternative design will protect water quality and human health by confirming that the alternative to the minimum design criteria is appropriate based on the WAD cyanide concentration and chemical characteristics of materials contained; the physical characteristics of the materials contained; site-specific soil, geology, hydrology, and hydrogeology characteristics; degree to which hydraulic head on the liner is minimized; area and volume of the facility; depth to ground water; methods employed in depositing the impounded material; potential for leaks and impacts to water quality; and risk to human health and the environment. The alternative design must provide an evaluation based on site-specific data, supported by best available science, and consistent with best management practices demonstrating that process water and process-contaminated water are contained and controlled or treated as necessary to protect public safety and the environment, prevent unauthorized degradation of waters, and achieve all applicable water quality and ground water quality standards. The alternative design must include all applicable elements listed below.

a. A hydrogeology assessment of site characteristics including depth to ground water; distance to surface water; hydrogeology and stratigraphy of the site; ground water and surface water interaction; and the quality, characteristics and existing and future beneficial uses of ground water and surface water that may be potentially affected by the facility.(3-24-22)

b.An engineering assessment detailing the design of each component of the containment system, including type and thickness of each component of the liner system; types of materials to be used and methods of placement of those materials; structures, devices and techniques for controlling drainage and minimizing solution loss; and method to control internal hydraulic head.(3-24-22)

c.A water quality assessment providing an analysis of potential for the facility to cause degradation of waters including the effect of ground water and surface water interactions, the potential for process water to reach waters, and the potential impact of process water on waters.(3-24-22)

02.Preliminary Design Submittal. Alternative design proposals must be provided to the Department upon submittal of the preliminary design report required in Section 050.(3-24-22)

03.Department Review. In evaluating alternative design proposals, the Department will consider the WAD cyanide concentration and other materials contained in facilities receiving process water, site hydrogeology, advances in liner technology, alternative designs implemented at other facilities receiving process water, and other site-specific factors in determining if an alternative is appropriate to protect water quality and the public health.

04.Cost Recovery Agreement. As provided in Section 39-118A(7), Idaho Code, the applicant must enter into an agreement with the Department for actual costs incurred to process an alternative design proposal under this subsection. The Department may utilize a third-party to su pport Department review of the alternative design proposal.(7-1-26)

IDAPA 58.01.13.206 (Reserved)

IDAPA 58.01.13.500 Permit Conditions

The following conditions apply to and must be specified in all permits:(3-24-22)

01.Complia nce Required. The applicant or permittee must comply with all conditions of the permit.

Issuance or possession of a permit issued according to these rules does not relieve the applicant or permittee of the responsibility to comply with all other applicable local, state, and federal laws.(3-24-22)

02.Construction. Construction of individual components of a cyanidation facility may commence upon approval by the Department of the issued for construction data package per Sections 39-118A(13)(c)(i) and 39- 118A(18), Idaho Code, for that component.(7-1-26)

03.As-built Submittal. An as-built submittal must be submitted by the permittee to the Director within thirty (30) days after the completion of the construction of each component or phase of a cyanidation facility as approved by the Department (Section 39-118A(19), Idaho Code). The as-built submittal must include all the information required by Section 39-118A(1)(b), Idaho Code. The Department will review the as-built submittal to verify that the facility was constructed in compliance with and does not deviate from the approved issued for construction data package. If the Department determines that the facility was not constructed in compliance with or deviates from the approved issued for construction data package, the Department will provide the permittee written notice of necessary corrective actions within thirty (30) days of receipt of an as-built submittal. In the event the Department provides such written notice, operation of the facility may not begin until the Department inspects and provides written approval of the corrective actions. Operation of the facility may begin if the Department does not deliver to the permittee such written notice within thirty (30) days of receipt of an as-built submittal.(7-1-26)

04.Duty to Provide Information. The permittee must furnish to the Director, within a reasonable or specified time, any information, including copies of records required by the permit or other applicable rules, that the Director may request to determine whether cause exists for modifying or revoking the permit or to determine compliance with the permit or other applicable rules.(3-24-22)

05.Notifications. After initial construction and seasonal and/or temporary closure, the permittee must, within thirty (30) days, provide written notice to the Director of the permittee’s intentions to commence or restart operations. At least thirty (30) days prior to completion of operations, and/or temporary or seasonal operations, the permittee must notify the Director of the permittee’s intentions to temporarily, seasonally or permanently close operations. Notification must provide sufficient time for the Director to provide pre-operational or post-operational inspections, as necessary.(3-24-22)

06.Entry and Access. The permittee must allow the Director, or a designee obligated by agreement with the Director to comply with the confidentiality provisions of Section 39-111, Idaho Code, to:(3-24-22)

a.Enter at reasonable times upon the premises of a permitted cyanidation facility or where records required by a permit are kept;(3-24-22)

b.Have access to and copy at reasonable times any records that must be kept under the conditions of the permit;(3-24-22)

c.Inspect at reasonable times any cyanidation facility, equipment, practice, or operation permitted or required by the permit; and(3-24-22)

d.Sample or monitor at reasonable times, substance(s) or parameter(s) directly related to permit or regulation compliance.(3-24-22)

07.Reporting. It is the permittee’s responsibility to report to the Director:(3-24-22)

a.Orally, as soon as possible but no later than twenty-four (24) hours from the time the permittee knows or should reasonably know of any noncompliance that may endanger the public health or the environment.

b.In writing, within five (5) working days from the time a permittee knows or should reasonably know of any event that may be or that may result in a violation of these rules, or IDAPA 58.01.02, or IDAPA 58.01.11. This report must contain:(7-1-26)

i.A description of the event and its cause; if the cause is not known, steps taken to investigate and determine the cause;(3-24-22)

ii.The period of the event including, to the extent possible, the individual(s) involved in the incident(s) and the time(s) and date(s) of the incidents;(3-24-22)

iii.Measures taken to mitigate or eliminate the event and protect the public health; and(3-24-22)

iv.Steps taken to prevent recurrence of the event;(3-24-22)

c.In writing, confirmation of any conditions that may result in violation of any permit condition; and

d.In writing, when the permittee knows or should reasonably know of relevant facts not submitted or incorrect information submitted in a permit application or any report or notice to the Director or the Department.

Those facts or the correct information must be included as a part of this report.(3-24-22)

08.Discharge Response. If an unauthorized discharge occurs the permittee must implement the Department approved emergency and spill response plan.(3-24-22)

09.Temporary or Seasonal Closure Plans. Prior to temporary or seasonal closure, the permittee must submit a temporary or seasonal closure plan to the Director for approval. The plan must describe the procedures, methods, and schedule to be implemented for the treatment and disposal of process water and cyanidation pollutants, the control of drainage from the cyanidation facility, the control of drainage from the surrounding area, and the secure storage of chemicals during the period of closure. Within thirty (30) days of receiving the plan, the Director will approve and/or suggest modifications necessary to protect waters. The permittee must ensure that closure complies with an approved plan. The approved plan must be implemented before the permittee completes temporary or seasonal closure. Facilities may not be temporarily or seasonally closed for a period longer than two (2) years unless approved by the Director.(7-1-26)

10.Begin Construction. A permit will be deemed void if the permittee fails to begin construction of a cyanidation facility within two (2) years of the effective date of the permit unless the permittee requests and receives an extension (Section 39-118A(16)(a), Idaho Code).(7-1-26)

11.Permanent Closure. The permanent closure plan, as approved by the Idaho Department of Lands, will be incorporated by reference into the Department-issued permit as a permit condition and will be enforceable as such.(3-24-22)

IDAPA 58.01.13.501 Completion of Permanent Closure

01.Implementation of a Permanent Closure Plan. Unless otherwise sp ecified in the approved permanent closure plan, the permittee must begin implementation of the approved permanent closure plan: (3-24-22)

a.Within two (2) years of the final addition of cyanide to the ore processing circuit; or(3-24-22)

b.If the product recovery phase of the cyanidation facility has been suspended for a period of more than two (2) years.(3-24-22)

02.Submittal of a Permanent Closure Report. The permittee must submit a permanent closure report to the Department for review and approval. A permanent closure report must be of sufficient detail for the directors of the Department and the Idaho Department of Lands to issue a determination that permanent closure, as defined in Section 007, has been achieved. The permanent closure report must address:(3-24-22)

a.The effectiveness of material stabilization;(3-24-22)

b.The effectiveness of the water management plan and adequacy of the monitoring plan;(3-24-22)

c.The final configuration of the cyanidation facility and its operational/closure status;(3-24-22)

d.The post-closure operation, maintenance, and monitoring requirements, and the estimated reasonable cost to complete those activities;(3-24-22)

e.The operational/closure status of any land application site of the cyanidation facility;(3-24-22)

f.Source control systems that have been constructed or implemented to eliminate, mitigate, or contain short and long term discharge of cyanidation pollutants from the cyanidation facility, unless otherwise permitted;(7-1-26)

g.The short and long term water quality trends in surface and ground water through the statistical analyses of the existing monitoring data collected pursuant to the ore processing by cyanidation permit;(3-24-22)

h.Ownership and responsibility for the cyanidation facility during the defined post-closure period;

i.The future beneficial uses of the land, surface and ground waters in and adjacent to the closed facilities; and(3-24-22)

j.How the permanent closure of the cyanidation facility complies with the Resource Conservation and Recovery Act, Hazardous Waste Management Act, Solid Waste Management Act, and appropriate rules.

IDAPA 58.01.13.502 Decision to Approve or Disapprove of a Permanent Closure Report

01.Cost Recovery. Fina l closure of the cyanidation facility will not be approved if any payment required by the cost recovery agreement under Section 39-118A(7), Idaho Code is due and unpaid.(7-1-26)

02.Issuance of Director’s Determination. Within sixty (60) days of receipt of a permanent closure report, the Director will issue to the permittee a Director’s determination of approval or disapproval of the permanent closure report. The Director’s determination will be based on applicable statutes or rules administered by the Department. The Department will coordinate the evaluation of the permanent closure report with the Idaho Department of Lands.(3-24-22)

03.Director’s Determination to Disapprove a Permanent Closure Report. A Director’s determination to disapprove a permanent closure report will specifically identify and discuss those reasons for disapproval, any administrative actions being considered by the Director, and the permittee’s options and procedures for administrative appeal. The Director’s determination to disapprove a permanent closure report must include:

a.Identification of errors or inaccuracies in the permanent closure report;(3-24-22)

b.Issues or details that require additional clarification;(3-24-22)

c.Failures to fully implement the approved permanent closure plans;(3-24-22)

d.Outstanding violations or other noncompliance issues; and(3-24-22)

e.Other issues supporting the Department’s disagreement with the contents, final conclusions or recommendations of the permanent closure report.(3-24-22)

IDAPA 58.01.13.503 (Reserved)

IDAPA 58.01.13.650 Financial Assurance

01.Financial Assurance Required. The permit tee is required to provide financial assurance pursuant to Sections 39-118A(2)(a)(ii), 39-118A(4), and 39-118A(13)(c)(ii), Idaho Code.(7-1-26)

02.Insufficiency. In the event the financial assurance is forfeited as described in the Idaho Mined Land Reclamation Act, Chapter 15, Title 47, Idaho Code, the Department may seek to recover the amount necessary to implement permanent closure under the Department-issued permit and these rules as provided by law.(3-24-22)

IDAPA 58.01.13.651 (Reserved)

IDAPA 58.01.13.750 Permit Modification

01.Cause for Permit Modification. Causes for permit modification are:(3-24-22)

a.A major modification or material modification in the cyanidation facility operation, design or closure plan; or(7-1-26)

b.Natural phenomena substantially different from those anticipated in the original permit. (3-24-22)

02.Modification at Request of Permittee. Requests for modification from the permittee must include:(3-24-22)

a.A written description of the modification(s);(3-24-22)

b.Data supporting the modification request; and(3-24-22)

c.Causes and anticipated effects of the modification.(3-24-22)

03.Modification at Request of Director. Pursuant to Subsection 750.01, if the Director determines that cause exists for permit modification, the Director will notify the permittee in writing and request information necessary for the Director to modify the permit.(3-24-22)

04.Modification Procedure. The Director will evaluate the request for a permit modification, based on the information provided in Subsection 750.02 or otherwise obtained by the Department, and determine if the modification requires a major permit modification or a minor permit modification.(3-24-22)

a.Major modifications or material modifications are subject to the provisions of Sections 100 and 200 through 205 and the application processing procedures, public notice and comment requirements, and final permit decision provisions of Section 39-118A, Idaho Code.(7-1-26)

b.Minor permit modifications are not subject to the provisions of Section 100 and the application processing procedures and public notice and comment requirements in Section 39-118A, Idaho Code. The permittee must notify and receive approval from the Department prior to making minor modifications.(7-1-26)

05.Major Permit Modifications. Changes that require a major permit modification include but are not limited to:(3-24-22)

a.Major modifications or material modifications to a cyanidation facility as defined by these rules; or

b.A significant increase or decrease in the time the cyanidation facility is expected to be in operation.

06.Minor Permit Modifications. Minor permit modifications are those that, if granted, would not result in any increased hazard to the environment or to the public health. Within thirty (30) days of receipt of a written request for a minor modification, the Department will complete an evaluation of the request and either approve or deny the request in writing. Minor modifications may include but are not limited to:(3-24-22)

a.The correction of typographical errors in an approved permit;(3-24-22)

b.Legal transfer of ownership or operational control;(3-24-22)

c.A change in the requirements for monitoring or reporting frequency of the quality or quantity of the project air, water or waste generated;(3-24-22) d.

A change in the cost estimates submitted by a permit tee to the Idaho Department of Lands to complete permanent closure; and(3-24-22)

e.A change or modification that is required by a state or federal requirement that supersedes the authorities of these rules.(3-24-22)

IDAPA 58.01.13.751 (Reserved)

IDAPA 58.01.13.800 Transfer of Permits

01.Transfer of Permits Allowed. A permit may be transferred to a new permittee if such permittee provides written notice to the Director containing:(3-24-22)

a.A specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees;(3-24-22)

b.Demonstration that the new permittee has established appropriate financial assurance for permanent closure of the facility; and(3-24-22)

c.The information required in Subsections 100.03.b., 100.03.d., 100.03.e., and 100.03.g.(3-24-22)

02.Decision. The Director will either approve of or deny the transfer of the permit within thirty (30) days of receipt of notice that the current permittee wishes to transfer the permit to a new permittee.(3-24-22)

03.Basis for Transfer Denial. The Director will deny the request for the permit transfer if the new permittee has not provided the information required in Subsection 800.01.(3-24-22)

IDAPA 58.01.13.801 (Reserved)

IDAPA 58.01.13.850 Permit Revocation

01.Cause for Revocation. A material violation of a permit or these rules may be grounds for the Director to revoke a permit. A violation that is shown to have occurred as the result of an unforeseeable act of God despite a permittee’s reasonable efforts to comply with all applicable legal requirements will not be considered grounds for revocation.(3-24-22)

02.Preliminary Decision. The Director will provide the permittee written notice of a preliminary decision to revoke a permit, including a statement of the reasons for the preliminary decision and reference to the procedure for requesting a revocation hearing under Subsection 850.03.(3-24-22)

03.Revocation Hearing. A preliminary decision to revoke a permit becomes final thirty-five (35) days after the date of the written notice of the preliminary decision unless the permittee requests in writing an administrative hearing before the preliminary decision becomes final. A request for an administrative hearing must be in the form of and will be considered as a petition to initiate a contested case under IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-24-22)

IDAPA 58.01.13.851 (Reserved)

IDAPA 58.01.13.900 Violations

01.Failure to Comply. Fail ure by a permittee to comply with the provisions of these rules or with any permit condition is a violation of these rules.(3-24-22)

02.Falsification of Statements and Records. It is a violation of these rules for any person to knowingly make a false statement, representation, or certification in any application, registration, report, document, or record developed, maintained, or submitted pursuant to these rules or the conditions of a permit.(3-24-22)

03.Discharges. Any unauthorized discharge is a violation of these rules.(3-24-22)

IDAPA 58.01.13.901 (Reserved)

58.01.22 Rules for Administration of Planning Grants for Drinking Water and Wastewater Facilities

IDAPA 58.01.22.000 Legal Authority

Chapters 1 and 36, Title 39, Idaho Code.(7-1-25)

IDAPA 58.01.22.001 Scope

These rules establish administrative procedures for establish ing, implementing, and administering a state planning grant program providing financial assistance to qualifying entities to prepare a drinking water or wastewater facility planning document.(7-1-25)

IDAPA 58.01.22.002 (Reserved)

IDAPA 58.01.22.003 Administrative Appeals

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)

IDAPA 58.01.22.004 Referenced Material

The “Customer Handbook Grants and Loans Program” (Handbook) is available at the Idaho Department of Environ mental Quality, Drinking Water Protection and Finance Division, 1410 N. Hilton, Boise, ID 83706-1255, (208)373-0502, or http://www.deq.idaho.gov/SRF.(7-1-25)

IDAPA 58.01.22.005 (Reserved)

IDAPA 58.01.22.010 Definitions

The terms “Board,” “Department,” “Director ,” “Person,” and “State” have the meaning provided for those terms in Section 39-103, Idaho Code. The term “Public Drinking Water System” (which includes “Community Water System,” and “Non-community Water System”) is defined in IDAPA 58.01.08.(7-1-25)

01.Applicant. Any qualifying entity making application for planning grant funds.(3-31-22)

02.Categorical Exclusion (CE). Category of actions which do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental information document nor an environmental impact statement is required.(3-31-22)

03.Eligible Costs. Costs which are necessary for planning. To be eligible, costs must also be reasonable and not ineligible costs. The determination of eligible costs will be made by the Department pursuant to Section 032.(7-1-25)

04.Environmental Impact Statement (EIS). A document prepared by the applicant when the Department determines that the proposed drinking water project will significantly affect the environment. The major purpose of the EIS will be to describe fully the significant impacts of the project and how these impacts can be either avoided or mitigated. The Environmental Review Procedures contained in the Handbook may be used as guidance when preparing the EIS.(3-31-22)

05.Environmental Information Document (EID). Any written environmental assessment prepared by the applicant describing the environmental impacts of a proposed drinking water or wastewater construction project. This document will be of sufficient scope to enable the Department to assess the environmental impacts of the proposed project.(7-1-25)

06.Financial Capability. The ability to raise and manage funds to provide the necessary resources for proper operation of the system.(3-31-22)

07.Finding of No Significant Impact (FONSI). A document prepared by the Department presenting the reasons why an action, not otherwise excluded, will not have a significant effect on the human environment and for which an EIS will not be prepared. It will include the environmental assessment or a summary of it and will note any other environmental documents related to it.(7-1-25)

08.Grant Recipient. An applicant who has been awarded a grant.(3-31-22)

09.Idaho Pollutant Discharge Elimination System (IPDES). Point source permitting program established pursuant to Section 402 of the federal Clean Water Act (33 U.S.C. Section 1342).(7-1-25)

10.Ineligible Costs. Costs which are not eligible for funding pursuant to these rules.(3-31-22)

11.Nonprofit Noncommunity Water System. A public drinking water system that is not a community water system and is governed by Section 501 of the Internal Revenue Code and includes, but is not limited to, state agencies, municipalities and nonprofit organizations such as churches and schools.(3-31-22)

12.Planning Document. A document which describes the condition of a public drinking water or wastewater system and presents a cost effective and environmentally sound alternative to achieve or maintain regulatory compliance. Engineering reports and facility plans are examples of such planning documents. The planning documents must be prepared by or under the responsible charge of an Idaho licensed professional engineer and bear the imprint of the engineer’s seal.(7-1-25)

13.Point Source. Any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are, or may be discharged. This term does not include return flows from irrigated agriculture, discharges from dams and hydroelectric generating facilities or any source or activity considered a nonpoint source by definition.(3-31-22)

14.Priority List. A ranked list of proposed projects.(7-1-25)

15.Qualifying Entity. Any county, city, special service district, nonprofit or investor-owned corporation, or other governmental entity, or a combination thereof, which owns or operates a public drinking water system, irrigation system, or wastewater system.(3-31-22)

16.Suspension. An action by the Director to suspend a grant contract prior to project completion for a specified cause. Suspended contracts may be reinstated.(3-31-22)

17.Sustainability. Sustainability will include efforts for energy and water conservation, extending the life of capital assets, green building practices, and other environmentally innovative approaches to infrastructure repair, replacement and improvement.(3-31-22)

18.Termination. An action by the Director to permanently terminate a grant contract prior to project completion for a specific cause. Terminated contracts will not be reinstated.(3-31-22)

19.Wastewater. As defined in IDAPA 58.01.16, “Wastewater Rules.”(7-1-25)

20.Wastewater Facility. Any facility, including land, equipment, furnishings and appurtenances thereof, for the purpose of collecting, treating, neutralizing or stabilizing wastewater and removing pollutants from wastewater or otherwise provide direct water quality benefits. This includes the treatment plant, collectors, interceptors, outfall and outlet sewers, pumping stations, sludge treatment and handling systems and land disposal

IDAPA 58.01.22.011 (Reserved)

IDAPA 58.01.22.019 Eligibility. 01

Eligible Drinking Water Systems. Community water systems and nonprofit noncommunity water

02.Eligible Wastewater Systems. Counties, cities, special service districts, other governmental entities, and nonprofit corporations with authority to collect, treat, or dispose of wastewater or otherwise provide direct water quality benefits.(7-1-25)

03.Systems Not Eligible. The following systems will not be considered eligible for project planning grants:(7-1-25)

a.Systems that do not have the financial capability to pay their non-grant share of a planning project; and(7-1-25)

b.Systems delinquent in payment of the annual state drinking water fee, IPDES permit assessments, or state revolving fund loan repayments.(7-1-25)

IDAPA 58.01.22.020 Priority Rating System

01.Purpose.

A priority rating system will be utilized by the Department to annually allot available funds to projects determined eligible for funding assistance in accordance with these rules.(7-1-25)

02.Priority Rating for Drinking Water Systems. The priority rating system will be based on a numerical point system. Priority criteria will contain the following points.(7-1-25)

a.Public Health Hazard. Any documented condition which creates, or may create, a danger to the consumer’s health, which may include any one (1) or more of the following, may be awarded a maximum of one hundred (100) points:(7-1-25)

i.Unresolved violations of the primary drinking water standards including maximum contaminant levels, action levels, and treatment techniques (to include maximum contaminant levels for acute and chronic contaminates);(7-1-25)

ii.Unresolved violations of pressure requirements;(7-1-25)

iii.Reduction in source capacity that impacts the system’s ability to reliably serve water;(7-1-25)

iv.Significant deficiencies (e.g., documented in a sanitary survey) in the physical system that is causing the system to not be able to reliably serve safe drinking water.(7-1-25)

v.Unregulated contaminants that have been shown to be a hazard to public health.(7-1-25)

b.General Conditions of Existing Facilities. Points will be given based on deficiencies (which may not constitute a public health hazard) for pumping, treating, storing, and delivering drinking water - up to sixty (60) points.(7-1-25)

c.Sustainability efforts (e.g., prospective efforts at energy conservation, water conservation, extending the life of capital assets, green building practices, and other environmentally innovative approaches to infrastructure repair, replacement and improvement) - up to fifty (50) points.(7-1-25)

d.Regulatory compliance issues (e.g., noncompliance and resulting legal actions relating to infrastructure deficiencies of the public drinking water system) - up to thirty (30) points.(7-1-25)

e.Incentives. Bonus points will be awarded to systems that promote source water protection, conservation, proper operation and maintenance, and monitoring - up to ten (10) points.(7-1-25)

f.Affordability. Points will be given when current system user charges exceed state affordability guidelines - up to fifty (50) points.(7-1-25)

03.Priority Rating for Wastewater Systems. The priority rating system will be based on a numerical point system. Priority criteria will contain the following points.(7-1-25)

a.Regulatory compliance issues (e.g., noncompliance and resulting legal actions relating to infrastructure deficiencies at a wastewater facility) – up to one hundred (100) points.(3-31-22)

b.Watershed restoration (e.g., implementation of best management practices or initiation of construction at wastewater collection and treatment facilities as part of an approved total maximum daily load plan, implementation of nonpoint source management actions in protection of a threatened water, or is part of a special water quality effort) – up to one hundred (100) points.(3-31-22)

c.Watershed protection from impacts (e.g., improvement of beneficial use(s) in a given water body, evidence of community support, or recognition of the special status of the affected water body) – up to one hundred (100) points.(3-31-22)

d.Preventing impacts to uses (nonpoint source pollution projects) – up to one hundred (100) points.

e.Sustainability efforts (e.g., prospective efforts at energy conservation, water conservation, extending the life of capital assets, green building practices, and other environmentally innovative approaches to infrastructure repair, replacement and improvement) – up to fifty (50) points.(3-31-22)

f.Affordability (current system user charges exceed state affordability guidelines) – up to fifty (50) points.(7-1-25)

04.Priority List. A list will be developed from projects rated according to the priority rating system, submitted for public review and comment, and submitted to the Board for approval and adoption.(7-1-25)

a.Whenever significant changes occur, which in the Department's judgment affects the design parameters or treatment requirements by either increasing or decreasing the need for or scope of any project, a reevaluation of that priority rating will be conducted.(7-1-25)

b.An eligible applicant whose project is on the approved priority list, and for which funding is available, will be contacted by the Department and a target date for submission of a completed grant application will be established.(7-1-25)

c.A project that does not or will not meet the priority target date for submission of a completed application may be bypassed, substituting in its place the next highest ranking project that is ready to proceed. An eligible applicant that is bypassed will be notified in writing of the reasons for being bypassed.(7-1-25)

05.Amendment of Priority List. The Department may amend the priority list as set forth in Section

IDAPA 58.01.22.080 (7-1-25)

IDAPA 58.01.22.021 (Reserved)

IDAPA 58.01.22.030 Project Scope and Funding

Grant funds awarded under this program will be used entirel y to prepare a planning document to identify the cost effective and environmentally sound alternative to achieve or maintain compliance with IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems,” and the Safe Drinking Water Act, 42 U.S.C. Sections 300f et seq. or maintain compliance with IDAPA 58.01.16, “Wastewater Rules,” and the federal Clean Water Act, 33 U.S.C.

Sections 1381 et seq. The planning document must be approved by the Department.(7-1-25)

01.Planning Document.(3-31-22)

a.A planning document must include all items listed in IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems,” Subsection 503.03 or 502.04 or IDAPA 58.01.16, “Wastewater Rules,” Subsection 411.03 or 410.04, and project specific efforts committed to in the Letter of Interest submitted for the project. A planning document checklist can be found in the Handbook. If the grant recipient proceeds to construction using federal funds (e.g., a state revolving fund loan), then the items listed in Subsection 030.01.b. will be necessary prior to construction.

b.A planning document that is prepared anticipating the use of federal funds must include an environmental review and will require the Department approval of both a technical draft and final planning document.(7-1-25)

i. In addition to the provisions of Subsection 030.01.a., the technical draft planning document must include: (7-1-25)

(1)Description of existing conditions for the proposed project area;(3-31-22)

(2)Description of future conditions for the proposed project area;(3-31-22)

(3)Development and initial screening of alternatives; and(7-1-25)

(4)Development of an environmental review specified by the Department as described in Section 040.

ii.The grant recipient must provide an opportunity for the public to comment on the technical draft planning document after alternatives have been developed and the Department has approved the technical draft planning document. In addition, the recipient must:(7-1-25)

(1)Provide documentation of the public notice, comment period, and at least one (1) public meeting within the jurisdiction of the grant recipient was held during the public comment period; (7-1-25)

(2)Present the technical draft planning document with an explanation of the alternatives identified;

(3)Consider public comments received from those affected by the proposed project in evaluating and selecting the cost effective and environmentally sound alternative;(7-1-25)

(4)Identify the selected alternative after the public meeting and comment period; and(7-1-25)

(5)Prepare the environmental documentation.(7-1-25)

iii.The final planning document must include all items required of the technical draft planning document as well as the following:(7-1-25)

(1)Final evaluation of alternatives including documentation of public comment period and results;

(2)Description of the selected alternative, plan adoption, and implementation arrangements; (7-1-25)

(3)Relevant engineering data supporting the selected alternative; and(7-1-25)

(4)Assessment of the cost and effectiveness, to the maximum extent practicable, of efficient water use, reuse, recapture and conservation, and energy conservation, with cost including construction, operation and maintenance, and replacement.(3-31-22)

c.The technical draft and final planning document must bear the imprint of an Idaho licensed professional engineer’s seal that is both signed and dated by the engineer.(7-1-25)

d.The technical draft and final planning documents must be reviewed and approved by the Department.(7-1-25)

e.The planning period must be twenty (20) years for all facilities except for distribution and transmission systems which may be forty (40) years. Build-out conditions must also be considered for collection

02.Limitation on Funding Assistance. The maximum grant funding provided in a state planning grant award will not exceed fifty percent (50%) of the total eligible costs for grants awarded.(7-1-25)

03.Professional Services. The engineering firm retained to prepare the planning document must be selected based on qualifications in accordance with Section 67-2320, Idaho Code, and at a minimum is:(7-1-25)

a.A registered professional engineer currently licensed by the Idaho Board of Professional Engineers and Land Surveyors; (7-1-25)

b.Not debarred or otherwise prevented from providing services under another federal or state financial assistance program; and(7-1-25)

c.Covered by professional liability insurance in accordance with Subsection 050.05.d.(7-1-25)

IDAPA 58.01.22.031 Review and Evaluation of Grant Applications

01.Submission of Application.

Those eligible systems which received high priority ranking will be invited to apply. The applicant must submit to the Department, by the priority target date, a completed application on a form prescribed by the Department.(7-1-25)

02.Application Contents. Applications must contain the following documentation, as applicable:

a.An authorizing resolution passed by a majority of the governing body authorizing an elected official or officer of the qualifying entity to commit funding;(7-1-25)

b.Contracts for engineering services or other technical services and the description of costs and tasks set forth therein must be in sufficient detail for the Department to determine whether the costs associated with the tasks are eligible costs pursuant to Section 032;(7-1-25)

c.A scope of work describing the work tasks to be performed in the planning document, a schedule for completion of the work tasks and an estimate of staff hours and costs to complete the work tasks;(7-1-25)

d.A description of other costs, not included in the contracts for engineering or other technical services, for which the applicant seeks funding. The description of the costs and tasks for such costs must be in sufficient detail for the Department to determine whether the costs are eligible costs pursuant to Section 032;

e.A demonstration that the obligation to pay the costs for which funding is requested is the result or will be the result of the applicant’s compliance with applicable requirements for public works procurement and professional service contracts, including without limitation, the provisions set forth in Sections 67-2801 et seq., 67- 2320, 59-1026, and 42-3212, Idaho Code;(7-1-25)

f.A statement regarding how the non-grant portion of the project will be funded; and(3-31-22)

g.For incorporated nonprofit applicants only, Articles of Incorporation and Bylaws showing nonprofit and incorporated status according to Chapter 3, Title 30, Idaho Code.(7-1-25)

03.Determination of Completeness of Application. Applications will be reviewed to determine whether they contain all of the information listed in Subsection 031.02.(7-1-25)

04.Notification Regarding Incompleteness of Application. Written notification if an application is incomplete, including an explanation of missing documentation, will be sent to the applicant.(3-31-22)

05.Reapplication for Grant. The action of disapproving, recalling, or terminating a grant in no way precludes or limits an applicant from reapplying for another grant when the project deficiencies are resolved and project readiness is secured.(7-1-25)

IDAPA 58.01.22.032 Determination of Eligibility of Costs

The Department will review the application, including necessary con tracts to be submitted with the application, to determine whether the costs are eligible costs for funding.(7-1-25)

01.Eligible Costs. Eligible costs are those determined by the Department to be:(3-31-22)

a.Necessary costs;(3-31-22)

b.Reasonable costs; and(3-31-22)

c.Costs that are not ineligible as described in Subsection 032.05.(3-31-22)

02.Necessary Costs. The Department will determine whether costs are necessary by comparing the tasks for which the costs will be incurred to the scope of the project as described in the scope of work for the planning document.(7-1-25)

03.Reasonable Costs. Costs will be determined by the Department to be reasonable if the obligation to pay the costs is the result of or will be the result of the applicant’s compliance with applicable requirements for public works procurement and professional service contracts, including without limitation, the provisions set forth in Sections 67-2801 et seq., 67-2320, 59-1026, and 42-3212, Idaho Code.(7-1-25)

04.Examples of Costs That May Be Eligible. Examples of costs that may be eligible, if determined necessary, and reasonable:(7-1-25)

a.Costs of salaries, benefits, and expendable material the qualified entity incurs in the project except ordinary expenses such as salaries and expenses of a mayor; city council members; board; or a city, district or board attorney;(3-31-22)

b.Professional and consulting services, specifying costs of individual tasks.(3-31-22)

c.Engineering costs specifying costs of individual tasks, directly related to the planning of facilities including but not limited to the preparation of a planning document and environmental review;(7-1-25)

d.Financial, technical and management capability analysis;(3-31-22)

e.Public participation for alternative selection;(3-31-22)

f.Certain direct and other costs as determined eligible by the Department; and(3-31-22)

g.Legal costs necessary to allow for the completion of the planning document.(7-1-25)

05.Ineligible Project Costs. Examples of costs which are ineligible for funding include, but are not limited to:(7-1-25)

a.Planning not directly related to the project;(3-31-22)

b.Personal injury compensation or damages arising out of the project;(3-31-22)

c.Fines or penalties due to violations of, or failure to comply with, federal, state, or local laws;

d.Costs outside the scope of the approved project;(3-31-22)

e.Ordinary operating expenses such as salaries and expenses of a mayor, city council members, city attorney, district or association personnel costs, and acquiring project funding;(3-31-22)

f.Preparation of a grant application;(3-31-22)

g.All costs related to assessment, defense and settlement of disputes;(7-1-25)

h.Costs of supplying permits or waivers; and(7-1-25)

i.Costs incurred prior to award of the grant unless specifically approved in writing as eligible preaward costs by the Department in advance of incurring costs.(7-1-25)

06.Notification Regarding Ineligible Costs. Prior to providing a grant offer, the Department will notify the applicant that certain costs are not eligible for funding and the reasons for the Department’s determination.

The applicant may provide the Department with additional information in response to the notice.(7-1-25)

07.Eligible Costs and the Grant Offer. The grant offer will reflect those costs determined by the Department to be eligible costs. The grant offer, however, may include estimates of some eligible costs. Actual eligible costs may differ from estimated costs set forth in the grant offer. In addition, grant disbursements may be increased or decreased if eligible costs are modified.(7-1-25)

IDAPA 58.01.22.033 (Reserved)

IDAPA 58.01.22.040 Environmental Review

01.Environmental Documentation.

The grant recipient may complete an environmental review as part of and in conjunction with a planning document. Guidance on how to complete an environmental review may be found in the Handbook. If the grant recipient prepares an environmental review, then the Department will be consulted at an early stage in the preparation of the planning document to determine the necessary level of environmental review. Based on review of existing information and assessment of environmental impacts, the grant recipient may complete at least one (1) of the following:(7-1-25)

a.Categorical Exclusion (CE) with supporting backup documentation as specified by the Department;

b.Environmental Information Document (EID) in a format specified by the Department; or (7-1-25)

c.Environmental Impact Statement (EIS) in a format specified by the Department.(7-1-25)

02.CE. The Department will take one (1) of the following actions:(7-1-25)

a.Determine if an action is consistent with categories eligible for exclusion whereupon the Department will issue a notice of CE from further substantive environmental review. Once the CE is granted for the selected alternative(s), the Department will publish a notice of CE in a local newspaper; or(7-1-25)

b.Determine if an action is not consistent with categories eligible for exclusion and that issuance of a CE is not appropriate. If issuance of a CE is not appropriate, the Department will notify the grant recipient of the need to prepare an EID.(3-31-22)

03.EID. When an EID is required, the grant recipient must prepare the EID in accordance with the following Department procedures:(7-1-25)

a.Various laws and executive orders related to environmentally sensitive resources must be considered as the EID is prepared. Appropriate state and federal agencies must be consulted regarding these laws and executive orders.(7-1-25)

b.A full range of relevant impacts, both direct and indirect, of the proposed project must be discussed in the EID, including measures to mitigate adverse impacts, cumulative impacts, and impacts that will cause irreversible or irretrievable commitment of resources.(7-1-25)

c.The Department will review the draft EID and either request additional information about one (1) or more potential impacts, or will draft a “finding of no significant impact” (FONSI).(3-31-22)

04.FONSI. The Department will publish the draft FONSI in a newspaper of general circulation in the geographical area of the proposed project and will allow a minimum thirty (30) day public comment period.

Following the period of public review and comment, and after any public concerns about project impacts are addressed, the FONSI will become final. The Department will assess the effectiveness and feasibility of the mitigation measures identified in the FONSI and EID prior to the issuance of the final FONSI and approval of the planning document.(7-1-25)

05.EIS. If an EIS is required, the grant recipient must:(7-1-25)

a.Contact all affected state agencies, and other interested parties, to determine the scope of the document;(7-1-25)

b.Prepare and submit a draft EIS to all interested agencies, and other interested parties, for review and comment;(3-31-22)

c.Conduct a public meeting which may be held in conjunction with a planning document meeting; and(3-31-22)

d.Prepare and submit a final EIS incorporating all agency and public input for Department review and approval.(3-31-22)

06.Final EIS. Upon completion of the EIS by the grant recipient and approval by the Department of all provisions listed in Subsection 040.05, the Department will issue a record of decision, documenting the mitigative measures to be required of the grant recipient. The planning document may be completed once the final EIS has been approved by the Department.(7-1-25)

07.Use of Environmental Reviews Conducted by Other Agencies. If an environmental review for the project has been conducted by another state, federal, or local agency, the Department may, at its discretion, issue its own determination by adopting the document and public notification process of the other agency.(3-31-22)

08.Validity of Review. Environmental reviews, once completed by the Department, are valid for five (5) years from the date of completion. If a grant application is received for a project with an environmental review which is more than five (5) years old, the Department will reevaluate the project, environmental conditions, and public comments and will:(3-31-22)

a.Reaffirm the earlier decision; or(3-31-22)

b.Request supplemental information to the earlier EIS, EID, or request for CE. Based upon a review of the updated document, the Department will issue and distribute a revised notice of CE, FONSI, or record of decision.(7-1-25)

IDAPA 58.01.22.041 (Reserved)

IDAPA 58.01.22.050 Grant Offer and Acceptance

01.Grant Offer.

Grant offers will be delivered to applicants who received high priority ranking, were invited to apply, and provided a complete application.(7-1-25)

02.Acceptance of Grant Offer. Applicants have sixty (60) days in which to officially accept the grant offer on prescribed forms furnished by the State. The sixty (60) day acceptance period commences from the date indicated on the grant offer notice. If the applicant does not accept the grant offer within the sixty (60) day period, the grant funds may be offered to the next project of priority.(3-31-22)

03.Acceptance Executed as a Contract Agreement. Upon signature by the Director or the Director's designee as the grantor, and upon signature by the authorized representative of the qualifying entity, as the grant recipient, the grant offer will become a grant contract agreement. The disbursement of funds pursuant to an agreement is subject to a finding by the Department that the grant recipient has complied with all agreement conditions and has prudently managed the project. The Department may, as a condition of payment, require that a grant recipient vigorously pursue any claims it has against third parties who will be paid in whole or in part, directly or indirectly, with grant funds or transfer its claim against such third parties to the Department. Grant contract agreements will be interpreted according to the law of grants in aid. No third party may acquire any rights against the State or its employees from a grant contract agreement.(7-1-25)

04.Estimate of Reasonable Cost. Each grant project contract will include the eligible cost of conducting the planning study. Some eligible costs may be estimated, and payments may be increased or decreased as provided in Section 060.(7-1-25)

05.Terms of Agreement. The grant offer will contain terms of agreement and special conditions as determined by the Department for the successful planning of the project, including but not limited to:(7-1-25)

a.Terms consistent with these rules and consistent with the scope of the grant project;(7-1-25)

b.Special clauses as determined necessary by the Department for the successful investigation and management of the project;(7-1-25)

c.Terms consistent with applicable state provisions pertaining to planning documents; and(7-1-25)

d.Requirement for the prime engineering firm(s) retained for engineering services to carry professional liability insurance to protect the public from the engineer’s negligent acts and errors of omission of a professional nature. The total aggregate of the engineer’s professional liability must be one hundred thousand dollars ($100,000) or twice the amount of the engineer’s fee, whichever is greater. Professional liability insurance must cover all such services rendered for all project steps, whether or not such services or steps are state funded, until the certification of project performance is accepted by the Department.(7-1-25)

IDAPA 58.01.22.051 (Reserved)

IDAPA 58.01.22.060 Payments

01.Eligibility Determination. Grant funds will only be provided for eligible costs as defined at Section 010 and determined in accordance with Section 032.(3-31-22)

02.Payments for State Grants. Requests for payment must be submitted to the Department on a form provided by the Department. The Department will pay for those costs that are determined to be eligible.(7-1-25)

03.Grant Increases. Grant amendment increase requests as a result of an increase in eligible project costs may be considered, provided funds are available. Documentation and justification supporting the unavoidable need for a grant increase must be submitted to the Department for approval prior to incurring any costs above the approved eligible cost ceiling.(7-1-25)

04.Grant Decreases. If the actual eligible cost is determined to be lower than the estimated eligible cost the grant amount may be reduced proportionately.(7-1-25)

05.Final Project Review to Determine Actual Eligible Costs. The Department may conduct a final project review to determine the actual eligible costs. The financial records of the grant recipient may be reviewed by the Department.(3-31-22)

06.Final Payment. The final payment consisting of five percent (5%) of the total state grant will not be made until the provisions in the grant agreement have been satisfied.(7-1-25)

IDAPA 58.01.22.061 (Reserved)

IDAPA 58.01.22.070 Suspension or Termination of Grant

01.Causes.

The Director may suspend or terminate any grant for failure by the grant recipient or its agents, including his engineering firm(s), contractor(s) or subcontractor(s) to perform. A grant may be suspended or terminated for good cause including, but not limited to, the following:(7-1-25)

a.Commission of fraud, embezzlement, theft, forgery, bribery, misrepresentation, conversion, malpractice, misconduct, malfeasance, misfeasance, falsification or unlawful destruction of records, or receipt of stolen property, or any form of tortious conduct; or(3-31-22)

b.Commission of any crime for which the maximum sentence includes the possibility of one (1) or more years imprisonment or any crime involving or affecting the project; or(3-31-22)

c.Violation(s) of any term of agreement of the grant offer or contract agreement; or(3-31-22)

d.Any willful or serious failure to perform within the scope of the project; or(3-31-22)

e.Debarment of an engineering firm, contractor or subcontractor for good cause by any federal or state agency from working on public work projects funded by that agency.(3-31-22)

02.Notice. The Director will notify the grant recipient in writing and by certified mail of the intent to suspend or terminate the grant. The notice of intent will state:(7-1-25)

a.Specific acts or omissions which form the basis for suspension or termination; and(3-31-22)

b.That the grant recipient may be entitled to appeal the suspension or termination pursuant to Section

IDAPA 58.01.22.003 (7-1-25)

03.Reinstatement of Suspended Grant. Upon written request by the grant recipient and evidence that the cause(s) for suspension no longer exist, the Director may, if funds are available, reinstate the grant.(7-1-25)

04.Reinstatement of Terminated Grant. No terminated grant will be reinstated.(7-1-25)

IDAPA 58.01.22.071 (Reserved)

IDAPA 58.01.22.080 Waivers

The Department may amend the priority l ist or grant a waiver from the provisions of these rules on a case-by-case basis upon full demonstration that the following conditions exist.(7-1-25)

01.Public Health Protection. The requirement is not necessary for the protection of public health and the environment and does not affect the priority ranking status of the project.(7-1-25)

02.Affordability Criteria Exceeded. The project will exceed affordability criteria adopted by the Department in the event the waiver is not granted.(7-1-25)

IDAPA 58.01.22.081 (Reserved)

58.01.08 Idaho Rules for Public Drinking Water Systems

IDAPA 58.01.08.000 Legal Authority

Chapter 1, Title 39, Idaho Code.(7-1-24)

1. SCOPE. 40 CFR 141.3 is incorporated by reference. The purpose of these rules is to control and regulate the design, construction, operation, maintenance, and quality control of public drinking water systems to provide a degree of assurance that such systems are protected from contamination and maintained free from contaminants which may injure the health of the consumer.(7-1-24)

IDAPA 58.01.08.002 Incorporation by Reference and Availability of Referenced Materials

1. Incorporation by Reference.(7-1-24) a.40 CFR Part 141, revised as of July 1, 2025 (excluding annual monitoring provisions in 40 CFR 141.854(a)(4),(d),(e),(f) and (h), and the Aircraft Drinking Water Rule in Subpart X); and 40 CFR Part 143, revised as of July 1, 2024.(7-1-26)

b.American Water Works Association (AWWA) Standards, effective December 2022, available for a fee from AWWA, https://www.awwa.org/Publications/Standards/Standards-List or available to be viewed through the Department’s state office.(7-1-24)

2. Availability of Specific Referenced Material. Copies of specific documents referenced within these rules are available at the following locations:(7-1-24)

a.Recommended Standards for Water Works – Policies for the Review and Approval of Plans and Specifications for Public Water Supplies: a report of the Water Supply Committee of the Great Lakes -- Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, most current edition, https://www.health.state.mn.us/communities/environment/water/tenstates/standards.html.(7-1-24)

b.Manual of Individual and Non-Public Water Supply Systems (EPA 570/9-91-004), published by the U.S. Environmental Protection Agency, https://nepis.epa.gov.(7-1-24)

c.NSF/ANSI Standard 53-2020, Drinking Water Treatment Units -- Health Effects, available from the National Sanitation Foundation, https://www.techstreet.com/nsf/ (or) https://www.techstreet.com/nsf/standards/ nsf-ansi-53-2020?product_id=2212861.(7-1-24)

d.NSF/ANSI Standard 55-2020, Ultraviolet Microbiological Water Treatment Systems, available from the National Sanitation Foundation, https://www.techstreet.com/nsf/ (or) https://www.techstreet.com/nsf/ standards/nsf-ansi-55-2020?product_id=2229644.(7-1-24)

e.NSF/ANSI Standard 58-2020, Reverse Osmosis Drinking Water Treatment Systems, available from the National Sanitation Foundation, https://www.techstreet.com/nsf/ (or) https://www.techstreet.com/nsf/ standards/nsf-ansi-58-2020?product_id=2206515.(7-1-24)

f.NSF/ANSI/CAN Standard 60-2021, Drinking Water Treatment Chemicals -- Health Effects, available from the National Sanitation Foundation, https://www.techstreet.com/nsf/ (or) https://www.techstreet.com/ nsf/standards/nsf-ansi-can-60-2021?product_id=2239369.(7-1-24)

g.ANSI/NSF Standard 61-2021, Drinking Water System Components -- Health Effects, available from the National Sanitation Foundation, https://www.techstreet.com/nsf/ (or) https://www.techstreet.com/nsf/ standards/nsf-ansi-can-61-2021?product_id=2240016.(7-1-24)

h.Manual of Cross-Connection Control, Current Edition, Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, https://www.uscfoundationstore.com/Manual-of-Cross- Connection-Control-Tenth-Edition-P44.aspx.(7-1-24)

i.Manual of design for Slow Sand Filtration (1991), published by AWWA Research Foundation https://www.directtextbook.com/isbn/0898675510.(7-1-24)

j.Slow Sand Filtration (1991), published by the American Society of Civil Engineers American Society of Civil Engineers, https://www.amazon.com/Slow-Sand-Filtration-Gary-Logsdon/dp/0872628477. (7-1-24)

k.Slow Sand Filtration and Diatomaceous Earth Filtration for Small Water Systems, DOH Pub #331- 204 (4/03), Washington State Department of Health, Division of Environmental Health, Office of Drinking Water, https://www.scribd.com/document/163696548/331-204-pdf.(7-1-24)

l.Recommended Operations and Optimization Goals, Slow Sand Filtration, DOH Pub #331-601 (6/ 21), Washington State Department of Health, Division of Environmental Health, Office of Drinking Water, https:// www.doh.wa.gov/Portals/1/Documents/Pubs/331-601.pdf.(7-1-24)

m.Water System Design Manual, DOH Pub #331-123 (Rev. 6-20), Washington State Department of Health, Division of Environmental Health, Office of Drinking Water, https://www.doh.wa.gov/ CommunityandEnvironment/DrinkingWater/WaterSystemDesignandPlanning/SystemDesign.(7-1-24)

n.Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources (March 1991 Edition), U.S. Environmental Protection Agency, http:// water.epa.gov/lawsregs/rulesregs/sdwa/swtr/upload/guidsws.pdf.(7-1-24)

o.Standard Methods for the Examination of Water and Wastewater, a joint publication of the American Public Health Association, the Water Environment Federation, and the American Water Works Association, www.standardmethods.org.(7-1-24) p.“Idaho Standards for Public Works Construction,” Local Highway Technical Assistance Council, https://lhtac.org/resources/ispwc.(7-1-24)

q.Memorandum of Understanding between the Idaho Department of Environmental Quality and the Idaho Division of Building Safety Plumbing Bureau, Idaho Department of Environmental Quality, 1410 North Hilton, Boise, Idaho 83706, www.deq.idaho.gov.(7-1-24)

r.Implementation Guidance for the Long Term 2 Enhanced Surface Water Treatment Rule, Idaho Department of Environmental Quality, https://www2.deq.idaho.gov/admin/LEIA/api/document/download/6040.

s.Implementation Guidance for the Stage 2 Disinfectants and Disinfection Byproducts Rule, Idaho Department of Environmental Quality, https://www2.deq.idaho.gov/admin/LEIA/api/document/download/4790.

t.Implementation Guidance for the Drinking Water Program-Ground Water Rule, Idaho Department of Environmental Quality, https://www2.deq.idaho.gov/admin/LEIA/api/document/download/4778.(7-1-24)

u.AWWA Recommended Practice for Backflow Prevention and Cross-Connection Control (M14), current edition available from the AWWA, https://engage.awwa.org/PersonifyEbusiness/Store/Product-Details/ productId/46494412.(7-1-24)

v.Membrane Filtration Guidance Manual (EPA 815-R-06-009) published by the U.S. Environmental Protection Agency, https://sswm.info/sites/default/files/reference_attachments/EPA%202005%20Membrane%20 Filtration%20Guidance%20Manual.pdf.(7-1-24)

w.Ultraviolet Disinfection Guidance Manual for the Final Long Term 2 Enhanced Surface water Treatment Rule (EPA 815-R-06-007) published by the U.S. Environmental Protection Agency, https://www.epa.gov/ dwreginfo/long-term-2-enhanced-surface-water-treatment-rule-documents.(7-1-24)

x.Improving Clearwell Design for CT Compliance, Report #90756, available from the Water Research Foundation, https://www.waterrf.org/research/projects/improving-clearwell-design-ct-compliance. (7-1-24)

y.Surface Water Treatment Rule Compliance Guidance, dated January 10, 1996, Idaho Department of Environmental Quality, https://www.deq.idaho.gov/public-information/laws-guidance-and-orders/guidance/.

z.Uniform Plumbing Code, available through the Idaho Division of Building Safety, 1090 E.

Watertower St., Meridian, Idaho 83642; and at the Division of Building Safety, http://dbs.idaho.gov.(7-1-24)

aa.Optimizing Water Treatment Plant Performance Using the Composite Correction Program (EPA/ 625/6-91/027) published by the U.S. Environmental Protection Agency, https://cfpub.epa.gov/si/si_public_record_ report.cfm?Lab=NRMRL&direntryid=23902.(7-1-24)

3. Precedence. In the event of conflict or inconsistency between the language in these rules and that found in any document incorporated by reference, these rules prevail.(7-1-24)

IDAPA 58.01.08.003 Definitions

The definitions set forth in 40 CFR 141.2 are incorporated by reference, The terms “board,” “director,” “department,” and “person” have the meaning provided in Section 39-103, Idaho Code. The term “watersheds” has the meaning provided in Section 39-3602, Idaho Code. The terms “distribution system,” “license,” “responsible charge,” and “responsible charge operator” have the meaning provided in Section 54-2403, Idaho Code. The term “public utility” has the meaning provided in Section 61-129, Idaho Code. The term “pesticide” has the meaning provided in Section 22-3401, Idaho Code.(7-1-24)

1. Aquifer. A geological formation of permeable saturated material, such as rock, sand, gravel, etc., capable of yielding an economic quantity of water to wells and springs.(7-1-24)

2. Backflow. The reverse from normal flow direction in a plumbing system or water system caused by back pressure or back siphonage.(7-1-24)

3. Capacity. The capabilities required of a public drinking water system (PWS) in order to achieve and maintain compliance with these rules and the requirements of the federal Safe Drinking Water Act (SDWA). It is divided into three (3) main elements:(7-1-24)

a.Technical capacity means the PWS has the physical infrastructure to consistently meet drinking water quality standards and treatment requirements and is able to meet the requirements of routine and emergency operations. It further means the ability of PWS personnel to adequately operate and maintain the PWS and to otherwise implement technical knowledge. Training of operator(s) is required, as appropriate, for the system size and complexity.(7-1-24)

b.Financial capacity means the financial resources of the PWS, including an appropriate budget; rate structure; cash reserves sufficient for current operation and maintenance, future needs and emergency situations; and adequate fiscal controls.(7-1-24)

c.Managerial capacity means that the management structure of the PWS embodies the aspects of system operations, including, but not limited to;(7-1-24)

i.Short and long range planning;(7-1-24)

ii.Personnel management;(7-1-24)

iii.Fiduciary responsibility;(7-1-24)

iv.Emergency response;(7-1-24)

v.Customer responsiveness;(7-1-24)

vi.Source water protection;(7-1-24)

vii.Administrative functions such as billing and consumer awareness; and(7-1-24)

viii. Ability to meet the intent of the federal SDWA.(7-1-24)

4. Components of Finished Water Storage. Storage is available to serve the system if the storage structure or facility is elevated sufficiently or is equipped with sufficient booster pumping capability to pressurize the system. Components of finished water storage are further defined as:(7-1-24)

a.Dead Storage is storage that is either not available for use in the system or can provide only substandard flows and pressures.(7-1-24)

b.Effective storage is all storage other than dead storage and is made up of the additive components described in Paragraphs c. through f. of this Subsection.(7-1-24)

c.Operational storage supplies water when, under normal conditions, the sources are off. This component is the larger of;(7-1-24)

i.The volume required to prevent excess pump cycling and ensure that the following volume components are full and ready for use when needed; or(7-1-24)

ii.The volume needed to compensate for the sensitivity of the water level sensors.(7-1-24)

d.Equalization Storage is storage of finished water in sufficient quantity to compensate for the difference between a water system’s maximum pumping capacity and peak hour demand.(7-1-24)

e.Fire Suppression Storage is the water needed to support fire flow in those systems that provide it.

f.Standby storage provides a measure of reliability or safety factor if sources fail or when unusual conditions impose higher than anticipated demands. Normally used for emergency operation, if standby power is not provided, to provide water for eight (8) hours of operation at average day demand.(7-1-24)

5. Composite Correction Program (CCP). A systematic approach to identifying opportunities for improving the performance of water treatment and implementing changes that will capitalize on these opportunities.

The CCP consists of two (2) elements:(7-1-24)

a.Comprehensive Performance Evaluation (CPE). As defined in 40 CFR 141.2.(7-1-24)

b.Comprehensive Technical Assistance (CTA) is the implementation phase that is carried out if the CPE results indicate improved performance potential. During the CTA phase, the PWS must identify and systematically address plant-specific factors. The CTA consists of follow-up to the CPE results, implementation of process control priority setting techniques, and maintaining long term involvement to systematically train staff and administrators.(7-1-24)

6. Confining Layer. A nearly impermeable subsurface stratum which is located adjacent to one (1) or more aquifers and does not yield a significant quantity of water to a well.(7-1-24)

7. Consumer. Any person served by a PWS.(7-1-24)

8. Consumer Confidence Report (CCR). An annual report that community water systems must deliver to their customers. The reports must contain information on the quality of the water delivered by the PWS and characterize the risks (if any) from exposure to contaminants detected in the drinking water in an accurate and understandable manner.(7-1-24)

9. Cross Connection. An actual or potential connection or piping arrangement between a drinking water system and another source that could introduce contamination into the potable water system through backflow, backsiphoning, or backpressure.(7-1-24)

10. Dead End Main. A distribution main of any diameter and length that does not loop back into the distribution system.(7-1-24)

11. Direct Integrity Test (DIT). A physical test applied to a microfiltration or ultrafiltration membrane unit in order to identify integrity breaches.(7-1-24)

12. Drinking Water System. All mains, pipes, and structures through which water is obtained and distributed, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use.(7-1-24)

13. Effective Contact Time. For the purpose of these rules, effective contact time means the time in minutes that it takes for water to move from the point of completely mixed chemical application to the point where residual concentration is measured. It is the “T” in contact time (CT) calculations and is either “demonstrated” or “calculated.” It is the contact time sufficient to achieve the inactivation of target pathogens under the expected range of raw water pH and temperature variation and must be demonstrated through tracer studies or other evaluations or calculations acceptable to the Department. “Improving Clearwell Design for CT Compliance,” referenced in Subsection 002.02, contains information that may be used as guidance for these calculations.(7-1-24)

14. Equivalent Dwelling Unit (EDU). A unit of measure that standardizes all land use types (housing, retail, office, etc.) to the level of demand created by a single-family detached housing unit within a water system. The demand for one (1) equivalent dwelling unit is equivalent to the amount of water provided to the average singlefamily detached housing unit within a water system. For example, a business designed to use three (3) times as much water as an average single-family detached housing unit will have a demand of three (3) equivalent dwelling units.

15. Exemption. A temporary deferment of compliance with a maximum contaminant level or treatment technique requirement which may be granted only if the PWS demonstrates to the satisfaction of the Department that the PWS cannot comply due to compelling factors and the deferment does not cause an unreasonable risk to public health.(7-1-24)

16. Facility Plan. The facility plan for a PWS describes the overall system, including sources of water, treatment processes and facilities, pumping stations and distribution piping, finished water storage, and waste disposal. It is a comprehensive planning document for infrastructure and includes a plan for the future of the system/ facility, including upgrades and additions. It is usually updated on a regular basis due to anticipated or unanticipated growth patterns, regulatory requirements, or other infrastructure needs. A facility plan is sometimes referred to as a master plan or facilities planning study. In general, a facility plan is an overall system-wide plan as opposed to a project specific plan.(7-1-24)

17. Filtrate. As the term relates to microfiltration and ultrafiltration, the product water or the portion of the feed stream that has passed through the membrane.(7-1-24)

18. Finished Water Storage Structures or Facilities. Finished water storage structures or facilities are defined as:(7-1-24)

a.Above-ground storage structure or facility is a finished water storage structure or facility with a bottom elevation above normal ground surface.(7-1-24)

b.Ground-level storage structure or facility is a finished water storage structure or facility with a bottom elevation at normal ground surface.(7-1-24)

c.Partially buried storage structure or facility is a finished water storage structure or facility with a bottom elevation below normal ground surface and any portion of the structure or facility above normal ground

d.Below-ground storage structure or facility is a finished water storage structure or facility with a bottom elevation and top elevation below normal ground surface.(7-1-24)

19. Fire Flow Capacity. The water system capacity, in addition to maximum day demand, that is available for fire fighting purposes within the water system or distribution system pressure zone. Adequacy of the water system fire flow capacity is determined by the local fire authority or through a hydraulic analysis performed by a licensed professional engineer to establish required fire flows in accordance with the International Fire Code as adopted by the State Fire Marshal.(7-1-24)

20. Fire Suppression Storage. The water needed to support fire flow in those systems that provide it.

See also the definition of Components of Finished Water Storage in these rules.(7-1-24)

21. Fixture Protection. The practice of installing backflow prevention assemblies or devices to isolate one (1) or more cross connections within a customer’s facility.(7-1-24)

22. Flux. The throughput of a pressure-driven membrane filtration process expressed as flow per unit of membrane area, usually in gallons per square foot per day or liters per hour per square meter.(7-1-24)

23. Health Hazard. Any condition, operation, or practice in a PWS which creates, or has the potential to create, an acute or immediate danger to the consumer's health.(7-1-24)

24. Indirect Integrity Monitoring. Monitoring some aspect of filtrate water quality that is indicative of the removal of particulate matter.(7-1-24)

25. Inorganic. Generally refers to compounds that do not contain carbon and hydrogen.(7-1-24)

26. Internal or In-Plant Isolation. The practice of installing backflow prevention assemblies to protect an area within a water customer’s structure, facility, or premises from contaminating another part of the structure, facility, or premises.(7-1-24)

27. Like-Kind Replacement. Repair or replacement of a system component that is identical in capacity, exhibits equivalent design, operational, and material parameters, and does not result in an increase in system capacity or alter existing methods or processes.(7-1-24)

28. Log. Logarithm to the base ten (10). In the context of these rules, it is used in the determination of removal or inactivation efficiencies. It is expressed as the logarithm to the base ten (10) or “log” of the concentration of the feed or raw water minus the log of the concentration in the filtrate or product water. For example, if the incoming feed or raw water concentration is one hundred (100), and the outgoing filtrate or product water concentration is ten (10), a 10-fold reduction was attained; or 1-log removal. 1-log removal also equates to ninety percent (90%) removal, as ninety (90) of the original feed concentration counts had been removed, leaving ten (10) in the filtrate. Similarly, 2-log equates to ninety-nine percent (99%) removal.(7-1-24)

29. Log Removal Value (LRV). LRV is a measure of filtration removal efficiency for a target organism, particulate, or surrogate expressed as Logarithm to the base ten (10).(7-1-24)

30. Material Deviation. A change from the design plans that significantly alters the type or location of system components.(7-1-24)

31. Material Modification. Modifications of an existing PWS that increase system capacity or alter the methods or processes employed. Increasing system capacity occurs by adding a new water source to a PWS, increasing the pumping and hydraulic capacity of the PWS, increasing potable water demand, or increasing the number of service connections. Altering methods or processes employed occurs by adding new, or altering existing, system components to satisfy increasing potable water demand, or changing engineering design intent of potable water delivery or treatment. Maintenance as outlined in the approved operation and maintenance manual, or maintenance that does not meet the criteria of a material modification described in this definition, is not a material modification. Like-kind replacement is not considered a material modification.(7-1-24)

32. Maximum Pumping Capacity. The pumping capacity with the largest source or pump out of service.(7-1-24)

33. Membrane Unit. A group of treatment systems or membrane modules that usually share common control and valving so that the group can be isolated for testing or cleaning.(7-1-24)

34. Microfiltration (MF). A low-pressure membrane filtration process with pore diameter normally in the range of 0.1 to 0.5 μm.(7-1-24)

35. Module. As the term relates to membrane filtration, it is the smallest component of a membrane unit in which a specific membrane surface area is housed. The component is typically equipped with a feedwater inlet, a filtrate outlet, and concentrate or backwash outlet structure.(7-1-24)

36. Nanofiltration (NF). A membrane filtration process that removes dissolved constituents from water. Nanofiltration is similar to reverse osmosis but allows a higher percentage of certain ions to pass through the membrane. These systems typically operate under higher pressure than microfiltration and ultrafiltration. (7-1-24)

37. New System. Any water system that meets, for the first time, the definition of a PWS, which includes systems that are entirely new construction or previously unregulated systems that increased either the population served or connections.(7-1-24)

38. Non-Potable Fluids. Any fluids that do not meet the definition of potable water. This definition also includes any gases that are heavier than air.(7-1-26)

39. Non-Potable Mains. Pipelines that collect, deliver, or otherwise convey non-potable fluids.

40. Non-Potable Services or Lines. Pipelines that collect, deliver, or otherwise convey non-potable fluids to or from a non-potable main. These pipelines connect individual facilities to the non-potable main. This term also refers to pipelines that convey non-potable fluids from a pressurized irrigation system, reclaimed wastewater system, and other non-potable systems to individual consumers.(7-1-24)

41. Operating Shift. Any period of time during which a licensed operator must be present, or available, for proper operation or oversight of the PWS.(7-1-24)

42. Operational Storage. Operational storage supplies water when, under normal conditions, the sources are off. This component is the larger of the volume required to prevent excess pump cycling and ensure that the following volume components are full and ready for use when needed or the volume needed to compensate for the sensitivity of the water level sensors. See also the definition of Components of Finished Water Storage in these rules.

43. Operation and Maintenance Manual. A comprehensive document that provides procedures for the operations and maintenance of the PWS. The manual typically covers three main subjects: a water system specific operations plan (see definition of Operations Plan); maintenance information and checklists; and manufacturer’s product information (including trouble shooting information, a parts list and parts order form, special tools, spare parts list, etc.). An operation and maintenance manual may cover every aspect of the water system or any part of the water system, including but not limited to the following: treatment, pump stations, storage reservoirs, distribution system, pressure reducing valve stations, etc.(7-1-24)

44. Operations Plan. The operations plan is part of an operation and maintenance manual. Depending on which facilities of the PWS are being addressed, the operations plan may cover many types of information including but not limited to the following: daily, weekly, monthly, and yearly operating instructions; information specific to a particular type of treatment; location of valves and other key distribution system features; pertinent telephone and address contact information including the responsible charge PWS operator and PWS owner; operator safety procedures; alarm system; emergency procedures; trouble-shooting advice; water quality testing; depressurization events; customer service; and response to customer complaints.(7-1-24)

45. Owner/Purveyor of Water/Supplier of Water. The person, company, corporation, association, or other organizational entity which holds legal title to the PWS, who provides, or intends to provide, drinking water to the customers, and who is ultimately responsible for the PWS operation.(7-1-24)

46. Plant Design Capacity. The maximum design flow through treatment units. The minimum plant design capacity may be equal to peak hour demand but may also be equal to the maximum day demand if equalization storage is provided.(7-1-24)

47. Plant. A physical facility where drinking water is treated or processed.(7-1-24)

48. Point of Use (POU) Treatment System. A collection of POU treatment devices.(7-1-24)

49. Potable Mains. Pipelines that deliver potable water to multiple service connections.(7-1-24)

50. Potable Services. Pipelines that convey potable water from a service connection to the potable water main to individual consumers.(7-1-24)

51. Potable Water. Water for human consumption. Also referred to as Water for Human Consumption or Drinking Water.(7-1-24)

52. Preliminary Engineering Report (PER). A report that addresses specific portions of the PWS or facility for which material modifications are being designed. Material modifications may include, but are not limited to, significant changes to existing processes or facilities, PWS expansion, addition of treatment, or installation of other processes and facilities. This report addresses specific purpose and scope, design requirements, alternative solutions, costs, operation and maintenance requirements, and other requirements as described in Section 503.

Preliminary engineering reports are generally project specific as opposed to an overall system-wide plan, such as a facility plan.(7-1-24)

53. Premises Isolation or Containment. The practice of separating the customer’s structure, facility, or premises from the purveyor’s PWS by means of a backflow prevention assembly installed on the service line before any distribution takes place.(7-1-24)

54. Protected Water Source. For the purposes of the Revised Total Coliform Rule (40 CFR Part 141, Subpart Y), a protected water source is a groundwater well that is not susceptible to contamination on the basis of well construction, hydrologic data, or contamination history.(7-1-24)

55. Public Notice. The notification to PWS consumers of information pertaining to that PWS including information regarding water quality or compliance status of the PWS.(7-1-24)

56. Public Drinking Water System (PWS). A system for the provision to the public of water for human consumption through pipes or, after August 5, 1998, other constructed conveyances, if such system has at least fifteen (15) service connections, regardless of the number of water sources or configuration of the distribution system, or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. Such term includes: any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system; and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Such term does not include any “special irrigation district.” A public water system is either a “community water system” or a “noncommunity water system” as further defined as:(7-1-24)

a.Community water system. A PWS which serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents.(7-1-24)

b.Non-community water system. A PWS that is not a community water system. A non-community water system is either a transient non-community water system or a non-transient non-community water system.

c.Non-transient non-community water system. A PWS that is not a community water system and that regularly serves at least twenty-five (25) of the same persons over six (6) months per year.(7-1-24)

d.Transient non-community water system. A non-community water system which does not regularly serve at least twenty-five (25) of the same persons over six (6) months per year.(7-1-24)

57. Public Water System (PWS)/Water System/System. Means “public drinking water system.”

58. Pump House. A structure containing important water system components, such as a well, hydropneumatic tank, booster pump, pump controls, flow meter, well discharge line, or a treatment unit. Pump houses are often called well houses in common usage, even though in modern construction these structures may not contain either a well or a pump. These terms are used interchangeably in national standards and trade publications. (7-1-24)

59. Qualified Licensed Professional Engineer (QLPE). A professional engineer licensed by the state of Idaho; qualified by education or experience in the specific technical fields involved in these rules; and retained or employed by a city, county, quasi-municipal corporation, or regulated public utility for the purposes of plan and specification review.(7-1-24)

60. Quasi-Municipal Corporation. A public entity, other than community government, created or authorized by the legislature to aid the state in, or to take charge of, some public or state work for the general welfare.

For the purpose of these rules, this term refers to drinking water districts.(7-1-24)

61. Raw Water. Raw water is any groundwater, spring water, or surface water utilized as source water prior to treatment for the purpose of producing potable water.(7-1-24)

62. Redundancy. The installation of duplicate components or backup systems that are designed to maintain minimum pressure and capacity of the PWS if any component fails or is otherwise out of service for maintenance or repair.(7-1-24)

63. Reverse Osmosis (RO). A membrane filtration process that removes dissolved constituents from water. Reverse osmosis is similar to nanofiltration but allows a lower percentage of certain ions to pass through the membrane. These systems typically operate under higher pressure than microfiltration and ultrafiltration. (7-1-24)

64. Resolution. As the term relates to membrane treatment, it is the size of the smallest integrity breach that contributes to a response from a direct integrity test when testing low pressure membranes.(7-1-24)

65. Reviewing Authority. For those projects requiring preconstruction approval by the Department, the Department is the reviewing authority. For those projects allowing for preconstruction approval by others, pursuant to Subsection 504.03.b., the qualified Idaho licensed professional engineer (QLPE) is also the reviewing authority.(7-1-24)

66. Sampling Point. The location in a PWS from which a sample is drawn.(7-1-24)

67. Sensitivity. As the term relates to membrane treatment, it is the maximum log removal value (LRV) for a specific resolution that can be reliably verified by the direct integrity test associated with a given low pressure membrane filtration system.(7-1-24)

68. Service Connection. Each structure, facility, or premises which is connected to a PWS water source, and which is or may be used for domestic purposes.(7-1-24)

69. Sewage. Water-carried human wastes from residences, buildings, and industrial establishments and other places, together with groundwater infiltration and surface water as may be present.(7-1-24)

70. Significant Deficiency. Any defect in a PWS’s design, operation, maintenance, or administration, as well as any failure or malfunction of any system component, that the Department or its agent determines to cause, or have potential to cause, the introduction of contamination into the water delivered to consumers.(7-1-24)

71. Simple Water Main Extension. New or replacement water main(s) that require plan and specification review by a qualified licensed professional engineer (QLPE) or by the Department per these rules and that is connected to existing water main facilities and does not require the addition of system components designed to control quantity or pressure, including, but not limited to, booster stations, new sources, pressure reducing valve stations, or reservoirs; and continues to provide the pressure and quantity requirements of Subsection 552.01.

72. Spring. A source of water which flows from a laterally percolating water table's intersection with the surface or from a geological fault that allows the flow of water from an artesian aquifer.(7-1-24)

73. Standby Storage. Standby storage provides a measure of reliability or safety factor if sources fail or when unusual conditions impose higher than anticipated demands. See also the definition of Components of Finished Water Storage in these rules.(7-1-24)

74. Substantially Modified. The Department considers a PWS to be substantially modified when, as the result of one (1) or more material modifications to the PWS, there is a combined increase of twenty-five percent (25%)in any one or combination of the following: the population served or number of service connections, the total length of transmission and distribution water mains, the total source capacity, or the peak or average water demand for the PWS. Material modifications completed after May 8, 2009, are the only modifications counted towards the twenty-five (25%) increase. Like-kind replacement of components will not be counted toward a combined increase of twenty-five percent (25%) calculation. Removal of existing system components will not be used to reduce the combined increase of twenty-five percent (25%) calculation.(7-1-24)

75. Substitute Responsible Charge Operator. An operator of a PWS who holds a valid license at a class equal to or greater than the drinking water system classification, designated by the PWS owner to replace and to perform the duties of the responsible charge operator when the responsible charge operator is not available or accessible.(7-1-24)

76. Surface Water System. A PWS which is supplied by one (1) or more surface water sources or groundwater sources under the direct influence of surface water. Also called subpart H systems in applicable sections of 40 CFR Part 141.(7-1-24)

77. Treatment Facility. Any place(s) where a PWS alters the physical or chemical characteristics of the drinking water. Chlorination may be considered as a function of a distribution system.(7-1-24)

78. Turbidity. Measure of the interference of light passage through water, or visual depth restriction from the presence of suspended matter such as clay, silt, nonliving organic particulates, plankton, and other microscopic organisms. Operationally, turbidity measurements are expressions of certain light-scattering and absorbing properties of a water sample. Turbidity is measured by the nephelometric method.(7-1-24)

79. Ultrafiltration (UF). A low pressure membrane filtration process with pore diameter normally in the range of five thousandths to one tenth micrometer (0.005 to 0.1 μm).(7-1-24)

80. UV Transmittance (UVT). A measure of the fraction of incident light transmitted through a material (e.g., water sample or quartz). The UVT is usually reported for a wavelength of two hundred fifty-four (254) nm and a path length of one (1) cm. It is often represented as a percentage.(7-1-24)

81. Unregulated Contaminant. Any substance that may affect the quality of water but for which a maximum contaminant level or treatment technique has not been established.(7-1-24)

82. Use Assessment. For the purpose of obtaining a waiver from certain monitoring requirements, a use assessment is an evaluation as to whether synthetic organic contaminants are being or have been used, manufactured, transported, stored, or disposed of in the watershed for surface water or the zone of influence for groundwater.(7-1-24)

83. Variance. A temporary deferment of compliance with a maximum contaminant level or treatment technique requirement which may be granted only when the PWS demonstrates to the satisfaction of the Department that the raw water characteristics prevent compliance with the MCL or requirement after installation of the best available technology or treatment technique and the determent does not cause an unreasonable risk to public health.

84. Volatile Organic Chemicals (VOCs). VOCs are lightweight organic compounds that vaporize or evaporate easily.(7-1-24)

85. Vulnerability Assessment. Related to monitoring waiver decisions, a determination of the risk of future contamination of a public drinking water supply.(7-1-24)

86. Waiver.(7-1-24)

a.Except for Sections 500 through 552, “waiver” means the Department approval of a temporary reduction in sampling requirements for a particular contaminant.(7-1-24)

b.For purposes of Sections 500 through 552, “waiver” means the dismissal or modification of any requirement of compliance.(7-1-24)

c.For the purposes of Section 004, “waiver” means the deferral of a fee assessment for a PWS.

87. Wastewater. Combination of liquid or water and pollutants from activities and processes occurring in dwellings, commercial buildings, industrial plants, institutions and other establishments, together with any groundwater, surface water, and storm water that may be present; liquid or water that is chemically, biologically, physically or rationally identifiable as containing blackwater, gray water or commercial or industrial pollutants; and sewage.(7-1-24)

88. Water Demand. The volume of water requested by PWS users to satisfy their needs. Water demand can be further categorized as:(7-1-24)

a.Average day demand is the volume of water used by a PWS on an average day based on a one (1) year period.(7-1-24)

b.Maximum day demand is the average rate of consumption for the twenty-four (24) hour period in which total consumption is the largest for the design year.(7-1-24)

c.Peak hour demand is the highest hourly flow, excluding fire flow, that a PWS or distribution system pressure zone is likely to experience in the design year.(7-1-24)

89. Water Main. A pipe within a PWS which is under the control of the PWS operator and conveys water to two (2) or more service connections or conveys water to a fire hydrant. The collection of water mains within a given water supply is called the distribution system.(7-1-24)

90. WAIVERS, VARIANCES, AND EXEMPTIONS. 40 CFR 141.4 is incorporated by reference.(7-1-24)

91. Monitoring Waivers. 40 CFR 141.23(b), 141.23(c), 141.24(f), 141.24(h) are incorporated by reference.(7-1-24)

a.Waivers from sampling requirements in Section 101 and Subsection 503.03.e.v. may be available to all PWSs for all contaminants except nitrate, nitrite, and disinfection byproducts and are based upon a vulnerability assessment, use assessment, the analytical results of previous sampling, or some combination of vulnerability assessment, use assessment, and analytical results.(7-1-26)

b.If a PWS elects to request a waiver from monitoring, it must do so in writing at least sixty (60) days prior to the required monitoring deadline date.(7-1-24)

c.Waiver determinations are to be made by the Department on a contaminant specific basis and must be in writing.(7-1-24)

d. PWSs which do not receive waivers must sample at the required, monitoring frequencies (7-1-24)

2. Facility, Design Standard, and Operating Criteria Waivers. The Department may waive any requirement of Sections 500 through 552 that is not explicitly imposed by Idaho Statute, if it can be shown to the Department’s satisfaction that the requirement is not necessary for the protection of public health, protection from contamination, and satisfactory operation and maintenance of a PWS.(7-1-24)

3. Variances.(7-1-24)

a.A general variance may be granted by the Department if a PWS owner submits a written request and demonstrates to the satisfaction of the Department that the minimum requirements of 42 USC Section 1415(a)

(SDWA) are met.(7-1-24)

b.A small system variance for a maximum contaminant level or treatment technique may be granted by the Department if a PWS owner submits a written request and demonstrates to the satisfaction of the Department that the minimum requirements of 42 USC Section 1415(e) (SDWA) are met.(7-1-24)

4. Exemptions. An exemption may be granted by the Department if a PWS owner submits a written request and demonstrates to the satisfaction of the Department that the minimum requirements of 42 USC Section 1416(a) (SDWA) are met.(7-1-24)

5. Conditions. A waiver, exemption, or variance may be granted upon any conditions that the Department, determines are appropriate and in accordance with these rules. Failure by the PWS owner to comply with any condition voids the waiver, variance, or exemption.(7-1-24) 06 Public Hearing. The Department will provide public notice and an opportunity for public hearing in the area served by the PWS before any exemption or variance under Section 004 is granted by the Department. At the conclusion of the hearing, the Department will record the findings and issue a decision approving, denying, modifying, or conditioning the request.(7-1-26)

IDAPA 58.01.08.005 Disapproval Designation

The Department may assign a disapproved designation to a PWS when:(7-1-24)

1. Defects. There are design or construction defects, significant deficiencies, or health hazards; or 02. Operating Procedures. Operating procedures constitute a health hazard;(7-1-24)

2. Quality. Violations of chemical, microbiological, radiological, or per- and polyfluoroalkyl substances maximum contaminant levels or action levels of these rules;(7-1-25)

3. Monitoring. Violations of monitoring requirements as specified in these rules;(7-1-24)

4. Unapproved Source. An unapproved source of drinking water is used or the PWS is interconnected with a disapproved water system; or(7-1-24)

5. Non-Payment of Annual Fee Assessment. The annual drinking water system fee assessment is not paid as set forth in Section 007.(7-1-26)

IDAPA 58.01.08.006 Health Hazards

1. Prohibited. No PWS will:(7-1-24)

a.Constitute a health hazard.(7-1-24)

b.Create a condition which prevents, or may prevent, the detection of a health hazard.(7-1-24)

2. Schedule. Health hazard and condition which prevent, or may prevent, the detection of a health hazard must be mitigated as required, and terminated within a time schedule established, by the Department.

IDAPA 58.01.08.007 Fee Schedule for Public Drinking Water Systems

All owners of PWSs must pay an annual drinking water system fee. The fee will be assessed as provided in this section. The Department may waive the requirements of this section at its discretion.(7-1-24)

1. Effective Date. Annual fees will be paid for each fee year. Fee years begin on October 1 of each calendar year.(7-1-24)

2. Fee Schedule.(7-1-24)

a.Owners of community and non-transient non-community PWSs must pay an annual fee according to the following fee schedule:

b.The annual fee for transient PWSs is twenty-five dollars ($25).(7-1-24)

c.New PWSs formed after October 1 will not pay a fee until the following October.(7-1-24)

3. Fee Assessment.(7-1-24)

a.An annual fee assessment will be generated for each community and non-transient non-community PWS using the number of connections the Department has on record.(7-1-24)

b.Community and non-transient non-community PWSs will be notified each year of the official number of connections listed in SDWIS. PWSs will have at least one (1) month to notify the Department if the number of connections provided are not in agreement with the PWS’s records.(7-1-24)

4. Billing. An annual fee statement will be mailed or delivered electronically to all PWS owners on record with the Department by September 1 of each year and will include acceptable payment methods. (7-1-24)

5. Payment.(7-1-24)

a.Annual fee payment will be due on October 1, unless it is a Saturday, a Sunday, or a legal holiday, in which event the payment will be due on the successive business day.(7-1-24)

b.If a PWS consists of two hundred fifty (250) connections or more, the PWS may request to divide its annual fee payment into equal monthly or quarterly installments by submitting a request to the Department.

i.The Department will notify PWSs of approval or denial of a requested monthly or quarterly installment plan within ten (10) business days of receiving the request.(7-1-24)

ii.If a PWS has been approved to pay monthly installments then each installment will be due by the first day of each month, unless it is a Saturday, a Sunday, or a legal holiday, in which event the installment will be due on the successive business day.(7-1-24)

Number of ConnectionsFee 1 to 20$100 21 to 184$5 per connection, not to exceed a total of $735 per PWS 185 to 3,663$4 per connection, not to exceed a total of $10,988 per PWS 3,664 or more$3 per connection

iii.If a PWS has been approved to pay quarterly installments then each installment will be due by the first day of the month of each quarter (October 1, January 1, April 1, and July 1), unless it is a Saturday, a Sunday, or a legal holiday, in which event the installment will be due on the successive business day.(7-1-24)

6. Delinquent Unpaid Fees. A PWS owner will be delinquent in payment if its annual fee assessment has not been received by November 1; or if having opted to pay monthly or quarterly installments, its monthly or quarterly installment has not been received by the last day of the month in which the monthly or quarterly payment is

due.(7-1-24)

7. Suspension of Services and Disapproval Designation.(7-1-24)

a.For any PWS owner delinquent in payment of fee assessed under Subsections 010.02, in excess of ninety (90) days, technical assistance provided by the Department may be suspended except for review and processing of:(7-1-24)

i.Monitoring waivers;(7-1-24)

ii.Engineering reports; and(7-1-24)

iii.Plans and specifications for design and construction as set forth in Sections 500 through 552.

b.For any PWS owner delinquent in payment of fee assessed under Subsections 007.02, in excess of one hundred and eighty (180) days, the Department may disapprove the PWS pursuant to Subsection 007.06 and may suspend all technical assistance provided including review and processing of:(7-1-26)

i.Engineering reports;(7-1-24)

ii.Plans and specifications for design and construction as set forth in Sections 500 through 552; or

iii.Monitoring waivers(7-1-24)

8. Reinstatement of Suspended Services and Approval Status. For any PWS owner for which suspension of technical assistance, disapproval, or both has occurred, reinstatement of technical assistance, approval, or both, will occur upon payment of delinquent annual fee assessments.(7-1-24)

9. Responsibility to Comply. Subsection 007.07 in no way relieves any PWS from its obligation to comply with these rules.(7-1-26)

IDAPA 58.01.08.008 Continuity of Service

1. Transfer of Ownership. No owner may transfer PWS ownership without providing written notice to the Department and all customers. Notification must include a schedule for transferring responsibilities and identification of the new owner.(7-1-24)

2. Maintenance of Standards. The current PWS owner transferring ownership must ensure that all these rules are met during transfer and will ensure that water rights, operation and maintenance manuals, and all other pertinent rights and documentation are transferred to the new owner.(7-1-24)

IDAPA 58.01.08.009 Administrative Provisions

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.”(7-1-24)

IDAPA 58.01.08.010 Drinking Water Advisory Committee

Ongoing stakeholder involvement will be provided through the existing drinking water advisory committee at the Department.(7-1-26)

IDAPA 58.01.08.011 (Reserved)

IDAPA 58.01.08.050 Licensed Operator Requirements

1. Licensed Operator Required. Owners of all community, non-transient non-community, and surface water or groundwater sources directly influenced by surface water must place the direct supervision of their PWS under the responsible charge of a properly licensed operator at all times. When the responsible operator is not available, the PWS owner must designate a substitute responsible operator.(7-1-26)

2. Responsible Charge Operator License Requirement. An operator in responsible charge of a PWS must hold a valid Idaho license equal to or greater than the classification of the PWS where the responsible charge operator is in charge.(7-1-26)

3. Water Operator License Requirement. All operating personnel at PWSs subject to these requirements making process control/ system integrity decisions about water quality or quantity that can affect public health must hold a valid Idaho license.(7-1-26)

4. Water Operator License Upgrade Allowance. A twelve (12) month period will be provided to meet increased drinking water distribution system operator licensure requirements when a higher licensure level is required based on a population increase if the following requirements are met:(7-1-26)

a.The licensure increase is triggered solely by a population increase; and(7-1-26)

b.The responsible charge operator of the PWS at the time the distribution licensure requirement increases remains the responsible charge operator throughout the twelve (12) month time frame.(7-1-26)

IDAPA 58.01.08.051 Contracting for Services

PWS owners who contract with persons to provide responsible charge operators and substitute responsible charge operators need to submit proof of such contract to the Department prior to the contracted person performing any services at the PWS.(7-1-26)

IDAPA 58.01.08.052 Classification of Water Systems

1. System Classification Required. The Department will classify community, non-transient noncommunity, and surface water PWSs based on indicators of potential health risks.(7-1-26)

2. Classification Criteria. PWSs are classified under a system that uses the following criteria:

a.Complexity, size, and type of source water for treatment facilities.(7-1-26)

b.Complexity and size of distribution systems.(7-1-26)

c.Other criteria deemed necessary to completely classify PWSs.(7-1-26)

d.The Department will develop guidelines for applying the criteria set forth in Section 052. (7-1-26)

3. Classification Review. The Department will review PWS classifications on a minimum five (5) year frequency.(7-1-26)

IDAPA 58.01.08.053 (Reserved)

100. MAXIMUM CONTAMINANT LEVELS AND MAXIMUM RESIDUAL DISINFECTANT LEVELS. 40 CFR Part 141, Subparts B and G are incorporated by reference.(7-1-26)

101. MONITORING AND ANALYTICAL REQUIREMENTS. 40 CFR Part 141, Subparts C and E are incorporated by reference.(7-1-26)

102. Approved Laboratories. 40 CFR 141.28 and 141.852(b) are incorporated by reference. All analyses conducted pursuant to these rules, except those listed below, must be performed in laboratories certified or granted reciprocity by the Idaho Department of Health and Welfare, Bureau of Laboratories, as provided in Chapter 22 [24], Title 56, Idaho Code, Drinking Water Laboratory Certification Program, or performed in laboratories certified by the U.S. Environmental Protection Agency. The following analyses may be performed by any person acceptable to the Department:(7-1-26) a.pH;(7-1-24)

b.Turbidity (Nephelometric method only);(7-1-24)

c.Daily analysis for fluoride;(7-1-24)

d.Temperature;(7-1-24)

e.Disinfectant residuals, except ozone, will be analyzed using the Indigo Method or an acceptable automated method pursuant to Subsection 104.03.d.;(7-1-26)

f.Alkalinity;(7-1-24)

g.Calcium;(7-1-24)

h.Conductivity;(7-1-24)

i.Silica; and(7-1-24)

j.Orthophosphate.(7-1-24)

2. Monitoring. The department may alter the monitoring requirements specified in these rules if the department determines that such alteration is necessary to adequately assess the level of contamination. (7-1-24)

IDAPA 58.01.08.102 Reporting, Public Notification, Recordkeeping

1. Reporting and Record Keeping Requirements. 40 CFR Part 141, Subpart D is incorporated by reference.(7-1-26)

2. Public Notification of Drinking Water Violations. 40 CFR Part 141, Subpart Q is incorporated by reference.(7-1-24)

3. Public Notification. The Department may require the owner of a PWS that has been disapproved to notify the public. The manner, content, and timing of this notification will be determined by the Department. This is in addition to any provisions set forth in Section 102 that may also apply.(7-1-26)

04.Public Notification for Low System Pressure.(7-1-24)

a.During unplanned or emergency situations, when water pressure within the system is known to have fallen below twenty (20) psi, the water supplier must notify the Department, provide public notice to the affected customers within twenty-four (24) hours, and disinfect or flush the system as appropriate. When sampling and corrective procedures have been conducted and after determination by the Department that the water is safe, the water supplier may re-notify the affected customers that the water is safe for consumption. The water supplier must notify the affected customers if the water is not safe for consumption.(7-1-24)

b.During planned maintenance or repair situations, when water pressure within the system is expected to fall below twenty (20) psi, the water supplier must provide public notice to the affected customers prior to the planned maintenance or repair activity and notify customers that the water is safe for consumption.(7-1-24)

IDAPA 58.01.08.103 Maximum Contaminant Level Goals and Maximum Residual Disinfection

LEVEL GOALS. 40 CFR Part 141, Subpart F is incorporated by reference.(7-1-26)

104. FILTRATION AND DISINFECTION. 40 CFR Part 141, Subpart H is incorporated by reference.(7-1-26)

105. Filtration.(7-1-26)

a.The Department will establish filtration removal credit on a system-by-system basis. Unless otherwise allowed the Department, the maximum log removal credit allowed for filtration is as follows: (7-1-26)

b.Filtration removal credit will be granted for filtration treatment provided the PWS is:(7-1-26)

i.Operated in accordance with the Operations Plan specified in Subsection 552.03.a.;(7-1-26)

ii.The PWS is in compliance with the turbidity performance criteria specified under 40 CFR 141.73;

iii.Coagulant chemicals must be added and coagulation and flocculation unit process must be used at all times during which conventional and direct filtration treatment plants are in operation;(7-1-26)

iv.Slow sand filters are operated at rates not to exceed one-tenth (0.1) gallons per minute per square foot or as approved by the Department; and(7-1-26)

v.Diatomaceous earth filters are operated at a rate not to exceed one point five (1.5) gallons per minute per square foot.(7-1-26)

2. Disinfection.(7-1-26)

a.Surface water sources or groundwater sources directly influenced by surface water must maintain a minimum of at least two-tenths (0.2) mg/l disinfectant residual in the treated water at peak hour demand before delivery to the first customer.(7-1-26)

Maximum Log Removal Filtration TypeGiardia lambliaVirusesCryptosporidium Conventional 2.52.02.5 Direct 2.0 1.0 2.0 Slow sand2.02.02.0 Diatomaceous earth2.0 1.02.0 Microfiltration3.00.53.0 Ultrafiltration3.52.03.5 Nanofiltration4.03.04.0 Reverse Osmosis4.03.04.0 Alternate technology2.002.0

b.The Department may allow a PWS to utilize automatic shut-off of water to the distribution system whenever total disinfectant residual is less than two-tenths (0.2) mg/l rather than provide redundant disinfection components and auxiliary power as required in 40 CFR 141.72(a)(2). An automatic water shut-off may be used if the PWS demonstrates to the satisfaction of the Department that, at all times, a minimum of twenty (20) psi pressure and adequate fire flow can be maintained in the distribution system when water delivery is shut-off to the distribution system and, at all times, minimum Giardia lamblia and virus inactivation removal rates can be achieved prior to the first customer.(7-1-26)

c.Each PWS which is required to provide filtration must provide disinfection treatment such that filtration plus disinfection provide at least 3-Log or ninety-nine and nine tenths percent (99.9%) inactivation/removal of Giardia lamblia cysts and at least 4-Log or ninety-nine and ninety-nine hundredths percent (99.99%) inactivation/ removal of viruses as specified in 40 CFR 141.72 and Section 104, and at least 2-Log or ninety-nine percent (99%) removal of Cryptosporidium as required by 40 CFR Part 141, Subpart P or Subpart T. However, in all cases the disinfection portion of the treatment train must be designed to provide not less than five tenths (0.5) log Giardia lamblia inactivation, irrespective of the Giardia lamblia removal credit awarded to the filtration portion of the treatment train.(7-1-26)

3. Analytical and Monitoring Requirements.(7-1-26)

a.Total inactivation ratio calculations: 40 CFR 141.74(b)(4)(i) and (ii) are incorporated by reference.

b.Log removal credit for disinfection must be determined by multiplying the total inactivation ratio by three (3).(7-1-26)

c.Unfiltered Subpart H systems. 40 CFR 141.857(c) is incorporated by reference.(7-1-26)

d.Unfiltered PWSs must monitor as required in 40 CFR 141.74(b) upon notification by the Department that filtration treatment must be installed.(7-1-26)

e.During the period prior to filtration treatment installation, the Department may, at its discretion, reduce the turbidity monitoring frequency for any non-community system which demonstrates to the satisfaction of the Department:(7-1-26)

i.A free chlorine residual of two-tenths (0.2) part per million is maintained throughout the distribution system;(7-1-26)

ii.The water source is well protected;(7-1-26)

iii.E. coli MCL is not exceeded or a Level 1 or Level 2 Assessment has not been triggered in accordance with 40 CFR 141.859; and(7-1-26)

iv.No significant health risk is present.(7-1-26)

4. Reporting and Recordkeeping Requirements.(7-1-26)

a.As provided in 40 CFR 141.75(a) and Subsection 104.04, the Department may establish interim reporting requirements for PWSs notified by the Department or U.S. Environmental Protection Agency that filtration treatment must be installed as specified in 40 CFR 141.75(a) and as referred to in Subsection 104.04. Until filtration treatment is installed, PWSs required to install filtration treatment must report as follows:(7-1-26)

i.The purveyor will immediately report to the Department via telephone or other equally rapid means, but no later than the end of the next business day, the following information:(7-1-26)

(1)The occurrence of a waterborne disease outbreak potentially attributable to that PWS; (7-1-26)

(2)Any turbidity measurement which exceeds five (5) NTU; and(7-1-26)

(3)Any result indicating that the disinfectant residual concentration entering the distribution system is below two-tenths (0.2) mg/l free chlorine.(7-1-26)

ii.The purveyor will report to the Department within ten (10) days after the end of each month the PWS serves water to the public the following monitoring information using a Department-approved form: (7-1-26)

(1)Turbidity monitoring information; and(7-1-26)

(2)Disinfectant residual concentrations entering the distribution system.(7-1-26)

iii.Personnel qualified under Subsection 104.01 will complete and sign the monthly report forms submitted to the Department as required in Subsection 104.04.(7-1-26)

b.In addition to the reporting requirements in 40 CFR 141.75(b) pertaining to PWSs with filtration treatment, each PWS which provides filtration treatment must report the level of Giardia lamblia and virus inactivation/removal achieved each day by filtration and disinfection.(7-1-26)

5. Recycle Provisions.(7-1-26)

a.The Department will evaluate recycling records kept by PWSs pursuant to 40 CFR 141.76 during sanitary surveys, comprehensive performance evaluations, or other inspections.(7-1-26)

b.The Department may require a PWS to modify recycling practices if it can be shown that these practices adversely affect the ability of the PWS to meet surface water treatment requirements.(7-1-26)

105. CONTROL OF LEAD AND COPPER. 40 CFR 141, Subpart I is incorporated by reference.(7-1-26)

106. USE OF NON-CENTRALIZED TREATMENT DEVICES. 40 CFR Part 141, Subpart J is incorporated by reference.(7-1-26)

107. Point of Use (POU) Treatment Devices.(7-1-26)

a.A PWS owner may use point of use (POU) treatment to comply with certain maximum contaminant levels (MCL) or treatment techniques when the following conditions are met:(7-1-26)

i.A program for long-term operation, maintenance, and monitoring of the POU treatment system is approved by the Department, pursuant to Subsection 106.02.c.;(7-1-26)

ii.The PWS owner or a vendor of POU treatment devices under contract with the PWS must own, control, and maintain the POU treatment system to ensure proper operation and maintenance and compliance with the MCL or treatment technique;(7-1-26)

iii.Each POU treatment device is equipped with a mechanical warning mechanism to ensure customers are automatically notified of operational problems;(7-1-26)

iv.Each POU treatment device must be certified by an accredited American National Standards Institute (ANSI) certification body to meet applicable ANSI/National Sanitation Foundation (NSF) Standards; and

v.POU treatment devices will not be used to comply with an MCL or treatment technique requirement for a microbial contaminant or an indicator of a microbial contaminant. Community PWSs may not use POU treatment devices to comply with a nitrate or nitrite MCL.(7-1-26)

b.The Department will waive the plan and specification requirements of Section 504 relating to material modifications for the following systems only to the extent that the material modification is limited to the installation or use of a POU treatment device(s):(7-1-26)

i.Community PWSs serving two hundred (200) or fewer service connections;(7-1-26)

ii.Non-transient non-community PWSs;(7-1-26)

iii.Transient non-community PWSs; or(7-1-26)

iv.Community PWSs serving more than two hundred (200) service connections if approved by the Department through the waiver process outlined in Subsection 004.02.(7-1-26)

c.Prior to installation, the PWS owner must submit the following documentation for approval to the Department.(7-1-26)

i.Water system information:(7-1-26)

(1) PWS name and identification number;(7-1-26)

(2)Total number of service connections;(7-1-26)

(3)Demonstration that all POU treatment devices are owned, controlled, and maintained by the PWS owner or by a vendor of POU treatment devices under contract with the PWS owner;(7-1-26)

(4)Documentation that a customer at each service connection has agreed to installation and use of a POU treatment device and has granted access for installation, maintenance, and sampling;(7-1-26)

(5)A statement of recognition that failure to maintain compliance with the MCL, or the failure to operate and maintain compliance with a POU treatment system as approved by the Department, may necessitate installation of centralized treatment; and(7-1-26)

(6)Documentation that the PWS is current with certified operator requirements pursuant to Section

IDAPA 58.01.08.050 (7-1-26)

ii.POU device information:(7-1-26)

(1)Type of POU treatment device;(7-1-26)

(2)Manufacturer, model number, and manufacturer’s specifications;(7-1-26)

(3)Contaminant to be treated and documentation that the POU is certified and is of sufficient design and capacity for removal of the contaminant;(7-1-26)

(4)Documentation that the PWS’s water chemistry is compatible with the POU;(7-1-26)

(5)Type and function of the mechanical warning (performance indicator);(7-1-26)

(6)Certification verification for ANSI/NSF;(7-1-26)

(7)Documentation describing how other drinking water dispensing units, such as hot water dispensers and refrigerators, soda machines, water fountains, and other similar units will be provided with treated water and how the water will be transported to that unit with non-reactive piping or tubing. Non-transient non-community and transient non-community PWSs must demonstrate that the POU treatment devices are located in areas adequate to protect public health and in sufficient quantity to serve the system’s users;(7-1-26)

(8)Installer qualifications; and(7-1-26)

(9)Proposed date for completing installation(s).(7-1-26)

iii.POU operation, maintenance, and sampling plan that includes documentation on how the PWS owner will:(7-1-26)

(1) Address any non-compliance with Subsection 106.02.c.i.(4);(7-1-26)

(2) Ensure real estate disclosures for the POU treatment systems;(7-1-26)

(3)Deliver ongoing education and outreach to customers, including renters, regarding POU treatment and health effects of the contaminant(s) of concern;(7-1-26)

(4)Address and perform on-going maintenance activities, including frequency of treatment media replacements and treatment device replacements, periodic verification that the mechanical warning device is functional, schedule of planned maintenance activities, a plan to address unscheduled maintenance problems, and a plan and method of waste disposal; and(7-1-26)

(5)Collect samples from the location of all service connections and demonstrating that all POU treatment devices will be sampled for compliance with the treated contaminant(s) during every compliance period or other frequency designated by the Department.(7-1-26)

d.Within thirty (30) days of installing the approved POU treatment system, the PWS owner must:

i. Notify the Department in writing that the POU treatment system was installed as approved by the Department; and(7-1-26)

ii.Submit samples from each POU treatment device to a certified laboratory for the contaminant(s) being treated to demonstrate initial compliance with the MCL.(7-1-26)

e.The PWS owner or operator must maintain records for a POU treatment system. Records must be submitted to the Department at a frequency and in a format specified by the Department. Records to maintain include:

i.Requirements of Subsection 106.02.c.;(7-1-26)

ii.All sampling performed on the POU treatment devices;(7-1-26)

iii.Maintenance logs and schedules;(7-1-26)

iv.Log of installed units; and(7-1-26)

v.Contracts, lease agreements, or other legal documents with vendors and consumers.(7-1-26)

107. TREATMENT TECHNIQUES. 40 CFR 141, Subpart K, is incorporated by reference.(7-1-26)

IDAPA 58.01.08.108 Disinfection Residuals, Disinfection Byproducts, and Disinfection

BYPRODUCT PRECURSORS. 40 CFR Part 141, Subpart L is incorporated by reference. DPD colorimetric test kits may be used to measure residual disinfectant concentrations for chlorine, chloramines, and chlorine dioxide.(7-1-26)

IDAPA 58.01.08.109 (Reserved)

111. CONSUMER CONFIDENCE REPORTS. 40 CFR Part 141, Subpart O is incorporated by reference.(7-1-24)

IDAPA 58.01.08.112 Enhanced Filtration and Disinfection - Systems Serving Ten Thousand or

MORE PEOPLE. 40 CFR Part 141, Subpart P is incorporated by reference.(7-1-26)

IDAPA 58.01.08.113 (Reserved)

114. GROUND WATER RULE. 40 CFR 141, Subpart S is incorporated by reference.(7-1-26)

115. Discontinuation of Treatment. PWSs that wish to discontinue four (4)-log virus treatment at a groundwater source must meet the following criteria. Groundwater sources on which treatment has been discontinued will be subject to the triggered source water monitoring requirements of 40 CFR 141, Subpart S.(7-1-26)

a.Demonstration that any known source of contamination has been removed.(7-1-26)

b.Demonstration that structural deficiencies of the well have been rehabilitated and no longer exist.

c.Provide evidence that the well is drawing from a protected or confined aquifer.(7-1-26)

d.Submit results of one (1) year of monthly monitoring for a fecal indicator organism during which no positive results occurred.(7-1-26)

2. Chlorine Purging Prior to Triggered Source Sampling. 40 CFR 141.402(e) requires that groundwater source samples be collected at a location prior to any treatment. Pursuant to this requirement PWSs that add chlorine to a source, either in the well bore or near enough to the wellhead that chlorinated water may backflow into the well, must ensure that all chlorine residual has been purged prior to taking a triggered source water sample.

This must be accomplished by measuring chlorine residual in the source water until a reading of zero (0) is obtained and be recorded in the space provided for chlorine residual on the sample submittal form.(7-1-26)

IDAPA 58.01.08.115 Enhanced Filtration and Disinfection - Systems Serving Fewer Than Ten

THOUSAND PEOPLE. 40 CFR 141, Subpart T is incorporated by reference. In accordance with 40 CFR 142.16(g)(1), the Department has authority to require the owner of a PWS to conduct a composite correction program, as defined in Section 003, for the purpose of identifying and correcting deficiencies in water treatment and distribution. Composite correction programs consist of a comprehensive performance evaluation (CPE) and comprehensive technical assistance (CTA).

1. Comprehensive Performance Evaluation (CPE). The CPE is conducted to identify factors that may be adversely impacting a plant’s capability to achieve compliance. It must emphasize approaches that can be implemented without significant capital improvements. The CPE assesses plant performance-based capabilities and associated administrative and operation and management practices.(7-1-26)

2. Comprehensive Technical Assistance (CTA). The CTA consists of follow-up to the CPE results, implementation of process control priority setting techniques, and long-term involvement to systematically train staff and administrators.(7-1-26)

3. INITIAL DISTRIBUTION SYSTEM EVALUATIONS. 40 CFR part 141, Subpart U is incorporated by reference.(7-1-26)

4. STAGE 2 DISINFECTION BYPRODUCTS REQUIREMENTS. 40 CFR Part 141, Subpart V is incorporated by reference.(7-1-26)

IDAPA 58.01.08.118 Enhanced Treatment for Cryptosporidium – Long Term 2 Enhanced

SURFACE WATER TREATMENT RULE. 40 CFR Part 141, Subpart W, is incorporated by reference.(7-1-26)

1. Cryptosporidium Treatment Credit for Approved Watershed Control Program. The Department will award 0.5 (zero point five) logs cryptosporidium removal credit to systems that have a Department approved Watershed Control Program. Requirements for a watershed control program are set forth in 40 CFR 141, Subpart W. Guidance on how to develop a watershed control program and obtain Department approval is provided in “Implementation Guidance for the Long Term 2 Enhanced Surface Water Treatment Rule,” as referenced in Section

IDAPA 58.01.08.002 (7-1-26)

2. Assessment of Significant Changes in the Watershed. As part of the sanitary survey process set forth in Section 200, the Department, or an agent approved by the Department, will assess significant changes in the watershed of a surface water system that occurred since the PWS conducted source water monitoring. If changes in the watershed have the potential to significantly increase contamination of the source water with cryptosporidium, the Department will consult with the PWS owner on follow-up actions that may be required under 40 CFR 141, Subpart W, including, but not limited to, source water monitoring or additional treatment requirements. “Implementation Guidance for the Long Term 2 Enhanced Surface Water Treatment Rule,” as referenced in Section 002, provides a description of factors that will be considered by the Department when making an assessment of changes in the watershed. These factors include, but are not limited to the following.(7-1-26)

a.New IPDES permits or changes in existing IPDES permits that involve increased loading of contaminants.(7-1-26)

b.Changes in land use patterns.(7-1-26)

c.Changes in agricultural cropping, chemical application, or irrigation practices.(7-1-26)

d.Changes in other non-point discharge source activities (such as grazing, manure application, commercial or residential development).(7-1-26)

e.Stream or riverbed modifications.(7-1-26)

f.IPDES permit violations at wastewater treatment plants or confined animal feedlot operations.

g.Dramatic natural events such as floods, forest fires, earthquakes, and landslides that may transport or expose contaminants.(7-1-26)

h.Prolonged drought conditions that may warrant special preparatory measures to minimize impacts from waste accumulations that are washed into source waters when precipitation returns.(7-1-26)

i.Accidental or illegal waste discharges and spills.(7-1-26)

119. REVISED TOTAL COLIFORM RULE. 40 CFR part 141, Subpart Y is incorporated by reference, excluding the annual monitoring provisions in 40 CFR 141.854 (a)(4), (d), (e), (f) and (h).(7-1-26)

120. Level 1 and 2 Assessments. Level 1 and 2 assessments must be conducted consistent with any Department directives that tailor specific assessment elements with respect to the size and type of the PWS and the size, type, and characteristics of the distribution system.(7-1-26)

121. Level 2 Assessments. The Department will schedule and conduct Level 2 assessments for an E.coli treatment technique trigger unless the Department approves another party to conduct the assessment as outlined in Subsection 119.03. A second or any additional triggered Level 2 Assessment within a rolling twelve-month period must be conducted by a Department approved third party even if the PWS owner has staff or management approved under Subsection 119.01.c.(7-1-26)

122. Approved Parties for Level 2 Assessments. The PWS may conduct a Level 2 assessment if the PWS has staff or management with the certification or qualifications outlined in this Subsection or if the PWS hires parties that meet the qualifications in this Subsection. The following parties are approved by the Department to conduct Level 2 assessments:(7-1-26)

a.The Department or persons contracted with the Department who are trained to conduct sanitary surveys;(7-1-26)

b.Currently licensed operators in good standing that are licensed through the Idaho Division of Occupational and Professional Licenses with a drinking water classification of Distribution I through IV or Treatment I through IV and that are licensed at least to the classification level of the PWS requiring the Level 2 assessment; or

c.Licensed professional engineers licensed by the state of Idaho and qualified by education and experience in the specific technical fields involved in these rules.(7-1-26)

120. CONTROL OF PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS). 40 CFR 141, Subpart Z is incorporated by reference.(7-1-26)

IDAPA 58.01.08.121 (Reserved)

IDAPA 58.01.08.200 Sanitary Surveys

The Department will conduct a sanitary survey of all PWSs. Sanitary surveys will include, but are not limited to, the following elements: source; treatment; distribution system; finished water storage; pump, pump facilities, and controls; monitoring and reporting and data verification; PWS management and operation; and operator compliance with state requirements. For those PWSs using groundwater, 40 CFR Part 141, Subpart S, is incorporated by reference.(7-1-26)

1. Frequency. For non-community PWSs, a sanitary survey must be conducted every five (5) years.

For community PWSs, a sanitary survey will be conducted every three (3) years, except as provided below. (7-1-24)

a.Community systems using surface water or groundwater under the direct influence of surface water that have been determined to have outstanding performance, according to criteria established by the Department, may have a sanitary survey conducted every five (5) years.(7-1-24)

b.Community systems using groundwater may have a sanitary survey conducted every five (5) years if the PWS provides at least a four (4)-log treatment of viruses (using inactivation, removal, or a Departmentapproved combination of 4-log inactivation and removal) before or at the first customer for all of its groundwater sources. (7-1-24)

c.Community systems using groundwater may have a sanitary survey conducted every five (5) years if they have an outstanding performance record, as determined by the Department and documented in previous sanitary surveys, and have no history of Revised Total Coliform Rule MCL or monitoring violations under Section 101 since the last sanitary survey.(7-1-26)

2. Report. The Department will provide a report describing the results of the sanitary survey to the PWS. As part of the sanitary survey report or as an independent action, the Department will provide written notice to the PWS describing any significant deficiency within thirty (30) days after the Department identifies the significant deficiency. The notice may specify corrective actions and deadlines for completion of corrective actions. (7-1-24)

3. Significant Deficiencies. For each of the eight (8) elements of a sanitary survey of a groundwater system, the Department will consider the following deficiencies significant in all cases for the purposes of the notice required in Subsection 200.02. Decisions about the significance of other deficiencies identified during the sanitary survey will be at the Department’s discretion, as indicated in the Department’s sanitary survey protocol. (7-1-26)

a.Source: Lack of or improper sanitary well cap as specified in Subsection 511.06.b.(7-1-24)

b.Treatment:(7-1-24)

i.Chemical addition lacks emergency shut-off as specified in Subsection 531.02.b.ii.(7-1-24)

ii.Chemical addition is not flow proportioned where the rate of flow or chemical demand is not reasonably constant, as specified in Subsection 531.02.b.ii.(7-1-24)

c.Distribution system: A minimum system pressure of twenty (20) psi is not maintained throughout the distribution system as specified in Subsection 552.01.b.(7-1-24)

d.Finished water storage: Roof leaking, as specified in Subsections 544.09 and 544.09.c. (7-1-24)

e.Pumps, pump facilities, and controls: A pump house must be protected from contamination and unauthorized entry, as specified in Subsection 541.01.(7-1-24)

f.Monitoring, reporting, and data verification: Repeated failure to collect the required number and type of Revised Total Coliform Rule samples during the most recent two (2) year period, as specified in Section 119.

g.PWS management and operation: History of frequent depressurization in the distribution system in violation of Subsection 552.01.(7-1-24)

h.Operator compliance with state licensing requirements: The PWS does not have a properly licensed responsible charge operator as required in Subsection 050.02.(7-1-26)

4. Response Required. After notification from the Department of significant deficiencies, the owner of a PWS must respond in writing, describing how and on what schedule the PWS will address all significant deficiencies, not later than forty-five (45) days for PWSs using surface water or groundwater under the direct influence of surface water or thirty (30) days for PWSs only using groundwater.(7-1-24)

5. Consultation with the Department. PWS owners must consult with the Department prior to taking specific corrective actions in response to significant deficiencies identified during a sanitary survey, unless such corrective actions are specified in detail by the Department in its written notification under Subsection 200.02.

6. Violation. Failure to address significant deficiencies identified in a sanitary survey is a violation of

IDAPA 58.01.08.201 (Reserved)

IDAPA 58.01.08.450 Use of Non-Centralized Treatment Devices

1. Criteria and Procedures for Public Water Systems Using Point of Entry Devices. 40 CFR 141.100 is incorporated by reference.(7-1-24)

2. Point of Use (POU) Treatment Devices.(7-1-24)

a.A PWS owner may use point of use (POU) treatment to comply with certain maximum contaminant levels (MCL) or treatment techniques when the following conditions are met:(7-1-24)

i.A program for long-term operation, maintenance, and monitoring of the POU treatment system is approved by the Department, pursuant to Subsection 450.02.c.(7-1-24)

ii.The PWS owner or a vendor of POU treatment devices under contract with the PWS must own, control, and maintain the POU treatment system to ensure proper operation and maintenance and compliance with the MCL or treatment technique.(7-1-24)

iii.Each POU treatment device is equipped with a mechanical warning mechanism to ensure customers are automatically notified of operational problems.(7-1-24)

iv.Each POU treatment device must be certified by an accredited American National Standards Institute (ANSI) certification body to meet applicable ANSI/National Sanitation Foundation (NSF) Standards.

v.POU treatment devices will not be used to comply with an MCL or treatment technique requirement for a microbial contaminant or an indicator of a microbial contaminant. Community PWSs may not use POU treatment devices to comply with a nitrate or nitrite MCL.(7-1-24)

b.The Department will waive the plan and specification requirements of Section 504 relating to material modifications for the following systems only to the extent that the material modification is limited to the installation or use of a POU treatment device(s):(7-1-24)

i.Community PWSs serving two hundred (200) or fewer service connections.(7-1-24)

ii.Non-transient non-community PWSs;(7-1-24)

iii.Transient non-community PWSs; or(7-1-24)

iv.Community PWSs serving more than two hundred (200) service connections if approved by the Department through the waiver process outlined in Subsection 005.02.(7-1-24)

c.Prior to installation, the PWS owner must submit the following documentation for approval to the

i.Water system information:(7-1-24)

(1) PWS name and identification number; (7-1-24)

(2)Total number of service connections; (7-1-24)

(3)Demonstration that all POU treatment devices are owned, controlled, and maintained by the PWS owner or by a vendor of POU treatment devices under contract with the PWS owner;(7-1-24)

(4)Documentation that a customer at each service connection has agreed to installation and use of a POU treatment device and has granted access for installation, maintenance, and sampling; (7-1-24)

(5)A statement of recognition that failure to maintain compliance with the MCL, or the failure to operate and maintain compliance with a POU treatment system as approved by the Department, may necessitate installation of centralized treatment; and(7-1-24)

(6)Documentation that the PWS is current with certified operator requirements pursuant to Section

IDAPA 58.01.08.554 (7-1-24)

ii.POU device information:(7-1-24)

(1)Type of POU treatment device; (7-1-24)

(2)Manufacturer, model number, and manufacturer’s specifications;(7-1-24)

(3)Contaminant to be treated and documentation that the POU is certified and is of sufficient design and capacity for removal of the contaminant; (7-1-24)

(4)Documentation that the PWS’s water chemistry is compatible with the POU;(7-1-24)

(5)Type and function of the mechanical warning (performance indicator); (7-1-24)

(6)Certification verification for ANSI/NSF;(7-1-24)

(7)Documentation describing how other drinking water dispensing units, such as hot water dispensers and refrigerators, soda machines, water fountains, and other similar units will be provided with treated water and how the water will be transported to that unit with non-reactive piping or tubing. Non-transient non-community and transient non-community PWSs must demonstrate that the POU treatment devices are located in areas adequate to protect public health and in sufficient quantity to serve the system’s users;(7-1-24)

(8)Installer qualifications; and(7-1-24)

(9)Proposed date for completing installation(s).(7-1-24)

iii.POU operation, maintenance, and sampling plan that includes documentation on how the PWS owner will:(7-1-24)

(1) Address any non-compliance with Subsection 450.02.c.i.(4);(7-1-24)

(2) Ensure real estate disclosures for the POU treatment systems;(7-1-24)

(3)Deliver ongoing education and outreach to customers, including renters, regarding POU treatment and health effects of the contaminant(s) of concern;(7-1-24)

(4)Address and perform on-going maintenance activities, including frequency of treatment media replacements and treatment device replacements, periodic verification that the mechanical warning device is functional, schedule of planned maintenance activities, a plan to address unscheduled maintenance problems, and a plan and method of waste disposal; and(7-1-24)

(5)Collect samples from the location of all service connections and demonstrating that all POU treatment devices will be sampled for compliance with the treated contaminant(s) during every compliance period or other frequency designated by the Department.(7-1-24)

d.Within thirty (30) days of installing the approved POU treatment system, the PWS owner must:

i. Notify the Department in writing that the POU treatment system was installed as approved by the

ii.Submit samples from each POU treatment device to a certified laboratory for the contaminant(s) being treated to demonstrate initial compliance with the MCL.(7-1-24)

e.The PWS owner or operator must maintain records for a POU treatment system. Records must be submitted to the Department at a frequency and in a format specified by the Department. Records to maintain include:

i.Requirements of Subsection 450.02.c.;(7-1-24)

ii.All sampling performed on the POU treatment devices;(7-1-24)

iii.Maintenance logs and schedules;(7-1-24)

iv.Log of installed units; and(7-1-24)

v.Contracts, lease agreements, or other legal documents with vendors and consumers.(7-1-24)

3. Use of Bottled Water. 40 CFR 141.101 is incorporated by reference.(7-1-24)

4. TREATMENT TECHNIQUES. 40 CFR 141, Subpart K, is incorporated by reference.(7-1-24)

IDAPA 58.01.08.452 (Reserved)

IDAPA 58.01.08.500 Demonstration of Technical, Financial, and Managerial Capacity of

PUBLIC DRINKING WATER SYSTEMS.

No person may proceed, or cause to proceed, with construction of a new community or non-transient, noncommunity PWS until they have demonstrated to the Department that the PWS will have adequate technical, financial, and managerial capacity, as defined in Section 003. Existing community or non-transient, non-community PWSs incapable of demonstrating technical, financial, or managerial capacity as identified through operational problems, may be required to submit technical, financial, and managerial documentation to the Department for review and approval. With the exception of water sources, demonstration of capacity must be submitted to the Department prior to or concurrent with the submittal of plans and specifications, as required in Section 39-118, Idaho Code, and Subsection 504.03. Plans and specifications for water sources may be submitted to the Department prior to demonstration of capacity for the PWS. The Department will issue its approval of the new PWS capacity demonstration in writing.(7-1-24)

1. Technical Capacity. Demonstration of technical capacity must include the following: (7-1-24)

a.The PWS meets the relevant design, construction, and operating requirements of these rules;

b.The PWS has an adequate and consistent source of water;(7-1-24)

c.A plan is in place to protect the water source and deal with emergencies;(7-1-24)

d.A plan exists for replacement or improvement of infrastructure as necessary; and(7-1-24)

e.The PWS has trained personnel with an understanding of the technical and operational characteristics of the PWS.(7-1-24)

2. Financial Capacity. Demonstration of financial capacity must include the following: (7-1-24)

a.Documentation that organizational and financial arrangements are adequate to construct and operate the PWS in accordance with these rules. This information can be provided by submitting estimated construction, operation, and maintenance costs, letters of credit, or other access to financial capital through public or private sources and, if available, a certified financial statement;(7-1-24)

b.Demonstration of revenue sufficiency, that includes but is not limited to billing and collection procedures; a proposed rate structure which demonstrates the availability of operating funds, revenues for depreciation and reserves, and the ability to accrue a capital replacement fund. A preliminary operating budget must be provided; and(7-1-24)

c.Adequate fiscal controls must be demonstrated.(7-1-24)

3. Managerial Capacity. Demonstration of managerial capacity, the must include the following:

a.Clear documentation of legal ownership and any plans that may exist for transfer of that ownership upon completion of construction or after a period of operation;(7-1-24)

b.The name, address, and telephone number of the person who will be accountable for ensuring that the PWS is in compliance with these rules;(7-1-24)

c.The name, address, and telephone number of the responsible charge operator;(7-1-24)

d.A description of the manner in which the PWS will be managed. Information such as by-laws, restrictive covenants, articles of incorporation, or procedures and policy manuals which describe the management organizational structure must be provided;(7-1-24)

e.A recommendation of staff qualifications, including training, experience, certification or licensing, and continuing education;(7-1-24)

f.An explanation of how the PWS will establish and maintain effective communications and relationships between the PWS management, its customers, professional service providers, and any applicable regulatory agencies; and(7-1-24)

g.Evidence of planning for future growth, equipment repair and maintenance, and long term replacement of system components.(7-1-24)

4. Submittal. The PWS owner may request guidance on how to prepare a capacity document submittal from the Department, the guidance is available on the Department website at http://www.deq.idaho.gov.

5. Expanding Systems. A PWS which comes into existence as a result of growth in population or number of service connections within a previously unregulated system will be considered a new PWS under these rules and is subject to all design, construction, and operating requirements herein.(7-1-24)

6. Consolidation. In demonstrating new PWS capacity, the owner of the proposed new PWS must investigate the feasibility of obtaining water service from an established PWS. If such service is available, but the owner elects to proceed with an independent PWS, the owner must explain why this choice is in the public interest in terms of environmental protection, affordability to water users, and protection of public health.(7-1-24)

7. Exclusion. New PWSs which are public utilities as defined in Sections 61-104 (Corporation), 61- 124 (Water System), 61-125 (Water Corporation), and 61-129 (Public Utility), Idaho Code, must meet the regulatory requirements of the Idaho Public Utilities Commission (IPUC) in Chapter 1, Title 61, Idaho Code, Public Utilities Law, and IDAPA 31.01.01, “Rules of Procedure of the Idaho Public Utilities Commission.” Such water systems will not be required to meet any requirements of this Section which are in conflict with the provisions and requirements of the IPUC.(7-1-24)

IDAPA 58.01.08.501 General Design Requirements for Public Drinking Water Systems

Unless otherwise specified by the Department, the design of new PWSs, or modifications to existing PWSs must conform to the facility and design standards set forth in 40 CFR 141.5, and Sections 500 through 552. The following general design requirements apply as applicable for the type of PWS and the treatment or other processes employed.

1. Materials Used in Construction. Products that are used to construct PWSs and have water contact surfaces must conform to applicable AWWA standards and be certified by an accredited ANSI certification body to meet applicable ANSI/NSF standards, where products meeting such AWWA and ANSI/NSF standards exist, and must conform to 40 CFR 143 Subpart B. In the absence of such products, products meeting applicable product standards and acceptable to the Department may be selected. Corrosion control must be taken into account during all aspects of PWS design.(7-1-24)

2. Additives Used in Operation. No chemical or other substance will be added to drinking water, nor will any process be utilized to treat drinking water, unless approved by the Department. All chemicals must conform to applicable AWWA standards and be certified by an accredited ANSI certification body to meet ANSI/NSF Standard 60, referenced in Subsection 002.02.(7-1-24)

3. Design Basis. The PWS, including the water source and treatment facilities, must be designed to provide either peak hour demand of the PWS or maximum day demand plus equalization storage at the design year.

4. Design of Treatment Facilities. Design of treatment facilities must address:(7-1-24)

a.Functional aspects of facility layout and provisions for future facility expansion;(7-1-24)

b.Provision for expansion of waste treatment and disposal facilities (see Section 540);(7-1-24)

c.Roads constructed to provide year-round access by vehicles and equipment needed for repair and maintenance;(7-1-24)

d.Site grading and drainage; and(7-1-24)

e.Chemical feed or injection systems must be designed to ensure complete mixing through rapid mix devices or other measures unless otherwise approved by the Department.(7-1-24)

f.Unless otherwise approved by the Department or as specified in other sections of these rules, to ensure that minimum quality, quantity, and pressure requirements are continuously met during maintenance, breakdowns, structural failures, emergencies, or other periods when components must be out of service, water system treatment, filtration, and disinfection components for all new or substantially modified community or non-transient, non-community PWSs must be designed with redundancy or other acceptable methods, such that plant design capacity can be maintained with any component out of service. Raw water intake structures are excluded from the general redundancy requirement but must be designed to ensure that plant design capacity will be maintained.

5. Design of Buildings. The design of buildings that are a part PWSs must provide for:(7-1-24)

a.Adequate ventilation, lighting, heating, and air conditioning;(7-1-24)

b.Adequate drainage;(7-1-24)

c.Dehumidification equipment, if necessary;(7-1-24)

d.Accessibility of equipment for operation, servicing, and removal;(7-1-24)

e.Flexibility and convenience of operation and safety of operators; and(7-1-24)

f.Separate room(s) for chemical storage and feed equipment that may be required based on type of chemicals and associated hazards.(7-1-24)

6. Electrical. Main switch gear electrical controls must be located above grade, in areas not subject to flooding. All electrical work must conform to the requirements of the National Electrical Code or to relevant state/ local codes. The National Electrical Code is available from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (617)770-3000, http://www.nfpa.org.(7-1-24)

7. Reliability and Emergency Operation. New community PWSs are required to have sufficient dedicated on-site standby power, with automatic switch-over capability, or standby storage so that water may be treated and supplied to pressurize the entire distribution system during power outages. During a power outage, the PWS must be able to meet the operating pressure requirements of Subsection 552.01.b. for a minimum of eight (8) hours at average day demand plus fire flow where provided. A minimum of eight (8) hours of fuel storage must be located on site unless an equivalent plan is authorized by the Department. Standby power provided in a PWS may be coordinated with the standby power that is provided in the wastewater collection and treatment system. (7-1-24)

a.The Department may require the installation of standby power or storage facilities in existing PWSs if the frequency and duration of power outages a PWS experiences constitute a health hazard.(7-1-24)

b.Existing community PWSs that are substantially modified must meet the requirements of Subsection 501.07. in those portions of the PWS affected by the modifications.(7-1-24)

c.New sources and booster pumps intended to increase PWS capacity must be provided with standby power or equivalent unless, during a power outage, the PWS or distribution system pressure zone can already meet the minimum operating capacity and pressure requirements in Subsection 501.07 for a minimum of eight (8) hours at average day demand plus fire flow where provided for each pressure zone.(7-1-24)

d.For both new and existing PWSs, the Department may reduce the requirements of Subsection 501.07 if the PWS can demonstrate the capacity to adequately protect public health during a power outage. Any decision by the Department will be based on, but not limited to, the following considerations:(7-1-24)

i.An adequate emergency response and operation plan and the capacity to implement that plan.

ii.The adequacy of the PWS’s cross connection control program and the capacity to protect public health in the event of a system wide depressurization.(7-1-24)

iii.Demonstration of historical and projected reliability of the electrical power supplied to the PWS.

iv.A strategy for providing information to the public during power outages, including instructions to stop irrigation, boil water, etc., until notified otherwise.(7-1-24)

v.The level of reliability acceptable to consumers. This can be accomplished with either a vote of the majority of consumers for privately owned and operated PWSs or a decision by the governing body for publicly governed PWSs.(7-1-24)

vi.Other considerations that may be pertinent, including connections to other PWSs, agreements to provide water in emergency situations, and the availability of dedicated portable auxiliary power.(7-1-24)

8. On-Site Analysis and Testing Capabilities. Each PWS must have equipment and facilities for routine testing necessary to ensure proper operation. Equipment selection must be based on the characteristics of the raw water source and the complexity of the treatment process involved.(7-1-24)

9. Sample Taps. Sample taps must be provided so that water samples can be obtained from each water source and from appropriate locations in each unit operation of treatment, and from the finished water. Taps must be consistent with sampling needs and shall not be of the petcock type. Taps owned by the PWS and used for obtaining samples for bacteriological analysis must be of the smooth-nosed type without interior or exterior threads, will not be of the mixing type, and will not have a screen, aerator, or other such appurtenance.(7-1-24)

10. Facility Potable Water Supply. The facility water supply service line and the plant finished water sample tap must be supplied from a source of finished water at a point where all chemicals have been thoroughly mixed, and the required disinfectant contact time, if applicable, has been achieved. There may be no cross connections between the facility water supply service line and any piping, troughs, tanks, or other treatment units containing wastewater, treatment chemicals, raw or partially treated water.(7-1-24)

11. Meters. All water supplies must have an acceptable means of measuring the flow from each source, the wash water, the recycled water, any blended water of different quality, and the finished water. (7-1-24)

12. Operation and Maintenance Manual. A new or updated operation and maintenance manual that addresses all PWS facilities must be submitted to the Department for review and approval prior to start-up of the new or materially modified PWS unless the same system components are already covered in an existing operation and maintenance manual. For existing PWSs with continual operational problems as determined by the Department, the Department may require that an operation and maintenance manual be submitted to the Department for review and approval. The operator will ensure that the PWS is operated in accordance with the approved operation and maintenance manual.(7-1-24)

13. Start-Up Training. Provisions must be made for operator instruction at the start-up of a new plant or pumping station.(7-1-24)

14. Safety. Consideration must be given to the protection of maintenance personnel and visitors from typical and foreseeable hazards in accordance with the engineering standards of care. The design must comply with all applicable safety codes and regulations that may include the Uniform Building Code, International Fire Code, National Fire Protection Association Standards, and state and federal OSHA standards. Items to be considered include, but are not limited to, noise arresters, noise protection, confined space entry, protective equipment and clothing, gas masks, safety showers and eye washes, handrails and guards, warning signs, smoke detectors, toxic gas detectors and fire extinguishers.(7-1-24)

15. Security. Appropriate design measures to help ensure the security of PWS facilities must be incorporated. Such measures, at a minimum, will include means to lock all exterior doorways, windows, gates and other entrances to source, treatment, pumping stations, and water storage facilities.(7-1-24)

16. Other Regulations. Consideration must be given to the design requirements of other federal, state, and local regulatory agencies for items such as safety requirements, special designs for the handicapped, plumbing and electrical codes, and construction in the flood plain.(7-1-24)

17. Groundwater Source Redundancy. New community PWSs served by groundwater must have a minimum of two (2) sources if they are intended to serve more than twenty-five (25) connections or equivalent dwelling units (EDUs). Under normal operating conditions, with any source out of service, the remaining source(s) must be capable of providing either the peak hour demand of the PWS or a minimum of the maximum day demand plus equalization storage. See Subsection 501.18 for general design and redundancy requirements concerning fire flow capacity.(7-1-24)

18. Redundant Fire Flow Capacity.(7-1-24)

a.PWSs that provide fire flow must be designed to provide maximum day demand plus fire flow. Fire flow requirements and system adequacy will be determined by the local fire authority or by a hydraulic analysis by a licensed professional engineer to establish required fire flows in accordance with the International Fire Code as adopted by the State Fire Marshal. Pumping systems supporting fire flow capacity must be designed so that maximum day demand plus fire flow may be provided with any pump out of service.(7-1-24)

b.The requirement for redundant pumping capacity specified in Subsection 501.18.a. may be reduced to the extent that fire suppression storage is provided in sufficient quantity to meet some or all of fire flow demands.

Where fire suppression storage is not provided, the requirement for fire flow pumping redundancy may be reduced or eliminated if the following conditions are met:(7-1-24)

i.The local fire authority justifies that the fire flow capacity of the PWS is acceptable and is compatible with the water demand of existing and planned fire-fighting equipment and fire-fighting practices in the area served by the PWS.(7-1-24)

ii.In a manner appropriate to the PWS type and situation, notification is provided to customers that describes the design of the PWS’s fire-fighting capability and explains how it differs from the requirements of Subsection 501.18.a.(7-1-24)

19. Pilot Studies. Unless otherwise approved by the Department, pilot studies are required for treatment processes other than chlorine disinfection or point of use installations. Pilot studies may be performed in the field using the proposed source water or in conjunction with bench scale testing in the lab using the proposed source water. The PWS must obtain the Department’s approval of a pilot study plan before the pilot study is implemented. A pilot study will be conducted for a period that is determined by the design engineer and approved by the Department. A final pilot study report with results must be submitted to the Department for review and approval.

Upon completion of the pilot study, final approval of equipment and treatment processes is subject to the applicable requirements of Sections 500 through 552.(7-1-24)

a.A pilot study plan must include the following and any other items required by the Department:

i.General information about the project including the existing system, the reason for conducting the pilot study, and anticipated results of a successful pilot study.(7-1-24)

ii.A brief description of alternative processes that may be used if the proposed process is shown to be ineffective from the study.(7-1-24)

iii.Discussion of how the pilot study will be conducted, the time frame of the study, source water quality, how source water may be altered to mimic various source water quality conditions, and the water quality parameters that are monitored and evaluated to determine if the treatment process was effective.(7-1-24)

b.The pilot study report must include the following and any other items required by the Department:

i.Introduction and Background.(7-1-24)

ii.A discussion of the overall pilot study progress, including any issues or problems and a general discussion of results of the study and what the results indicate. This discussion will determine parameters necessary for full scale implementation.(7-1-24)

iii.Conclusions and recommendation to proceed with the treatment process if the results of the study proved successful.(7-1-24)

c.Additional specific pilot study requirements in Sections 500 through 552 must be included in pilot study plans and reports.(7-1-24)

d.Pilot study plans and pilot study reports submitted to the Department must bear the imprint of an Idaho licensed professional engineer’s seal that is both signed and dated by the engineer.(7-1-24)

IDAPA 58.01.08.502 Facility Plans

See the definition of Facility Plan in Section 003.(7-1-24)

1. Facility Plans Required. The owner of all new PWSs, and existing PWSs undergoing material modification, are required to have a current facility plan that addresses all applicable issues specifically required in Sections 500 through 552. Facility plans must address the entire potential service area of the project. Facility plans may not be required for simple water main extension projects as detailed in Subsections 502.01.a. and 502.01.b.

a.A facility plan is not required if the Department is provided documentation supporting the ability of the purveyor to provide service for the simple water main extension without adding system components designed to control quantity or pressure to the PWS and while continuing to provide the pressure and quantity requirements of Subsection 552.01. Documentation may be in the form of:(7-1-24)

i.Hydraulic modeling;(7-1-24)

ii.Usage data and flow calculations;(7-1-24)

iii.Declining balance reports that demonstrate the PWS has the capacity to supply the service area of the system served by the extension; or(7-1-24)

iv.Other documentation acceptable to the Department.(7-1-24)

b.A Department-approved facility plan is not required to be in place prior to the Qualified Licensed Professional Engineer (QLPE) approving a simple water main extension pursuant to Subsection 504.03.b., provided that the service area of the system served by the extension is in compliance with the facility and design standards in Sections 500 through 552. If the Department has not approved a facility plan for the PWS which includes the proposed simple water main extension, then the PWS purveyor or the QLPE must provide with the transmittal letter documentation supporting the ability of the purveyor to provide service for the simple water main extension without adding system components designed to control quantity or pressure to the PWS and while continuing to provide the pressure and quantity requirements of Subsection 552.01. The purveyor must provide this documentation to the QLPE as necessary. Documentation may be in the form of:(7-1-24)

i.Hydraulic modeling;(7-1-24)

ii.Usage data and flow calculations;(7-1-24)

iii.Declining balance reports that demonstrate the PWS has the capacity to supply the service area of the system served by the extension; or(7-1-24)

iv.Other documentation acceptable to the Department.(7-1-24)

2. Submittal to the Department. When required, facility plans must be submitted to the Department for review and approval prior to the submission of plans and specifications for a project related to the facility plan unless otherwise approved by the Department.(7-1-24)

3. Engineer’s Seal Required. Facility plans submitted to the Department must bear the imprint of an Idaho licensed professional engineer's seal that is both signed and dated by the engineer.(7-1-24)

4. Facility Plan Contents. The facility plan must include basic information, criteria and assumptions, hydraulic capacity, treatment capacity, standby power, redundancy, fire flows, project financing, operation and maintenance considerations, alternative solutions with preliminary layouts, and cost estimates as applicable. The facility plan is intended to address system wide growth, to identify system deficiencies, and to lay out a plan for system upgrades and expansion. If specific items listed in Subsections 502.04.a.i. through 502.04.a.viii. or Subsections 502.04.b.i. through 502.04.b.vii. are not applicable to a particular facility plan, then the submitting engineer must state this in the facility plan and state the reason why the requirement is not applicable.(7-1-24)

a.The minimum requirements for a facility plan for a new PWS are listed in Subsections 502.04.a.i. through 502.04.a.viii but it must include:(7-1-24)

i. A general description and location of the PWS.(7-1-24)

ii.The estimated design population of the PWS including the number of connections and the number of EDUs proposed.(7-1-24)

iii.Adequacy, quality, and availability of sources of water for potable use and a description of the nonpotable irrigation system.(7-1-24)

iv.Identify and describe any anticipated treatment.(7-1-24)

v.Design data covering water quantity for domestic, irrigation, fire fighting, commercial, or industrial water uses, including peak hour, maximum day, and average day demands.(7-1-24)

vi.Include the size and location of any anticipated storage structures.(7-1-24)

vii.Pressure ranges for all flow conditions prescribed by these rules.(7-1-24)

viii. Describe the wastewater collection system and wastewater treatment works, with reference to their relationship to existing or proposed water works structures which may affect the operation of the water supply system, or which may affect the quality of the supply.(7-1-24)

b.The minimum requirements for a facility plan for an existing PWS must include Subsections 502.04.b.i. through 502.04.b.vii. as well as Subsections 502.04.a.i. through 502.04.a.viii.(7-1-24)

i.A computerized hydraulic model of the distribution system based on flow demand and pressure requirements is required unless otherwise approved by the Department; any hydraulic model of an existing distribution system must be properly calibrated. The type or sophistication of hydraulic model will be dependent on the type of PWS.(7-1-24)

ii.Identify and evaluate problems related to the PWS.(7-1-24)

iii.Describe financing methods.(7-1-24)

iv.Set forth anticipated charges for users.(7-1-24)

v.Review organizational and staffing requirements.(7-1-24)

vi.Offer a project(s) recommendation for client consideration.(7-1-24)

vii.Outline official actions and procedures to implement the project.(7-1-24)

c.Public Water System Facility Plan funded by the State Revolving Fund. If the project is funded by the state revolving fund or a state grant, the facility plan must meet the requirements of Subsections 502.04.a. and 502.04.b., and other requirements that may also apply. See IDAPA 58.01.12, “Rules for Administration of Wastewater and Drinking Water Loan Funds,” and IDAPA 58.01.22, “Rules for Administration of Planning Grants for Drinking Water and Wastewater Facilities.”(7-1-24)

d.A checklist, which can be used as guidance, can be found on the Department website at http:// www.deq.idaho.gov. The guidance document is for Department grant and loan projects, but may be used in part or in whole as a guide to assist in the development of any facility plan.(7-1-24)

IDAPA 58.01.08.503 Preliminary Engineering Reports

See the definition of Preliminary Engineering Report (PER) in Section 003. PERs are required for all new PWSs or material modifications to existing PWSs that require plan and specification review and approval pursuant to Subsection 504.03. The PER must be in conformance with the approved facility plan or must describe any modifications to the facility plan.PERs must be completed for all major PWS projects including, but not limited to, source, pump station, pressure control, storage, and treatment projects. PERs are not required for simple water main extensions that are approved in accordance with Subsections 502.01.a. or 502.01.b.(7-1-24)

1. Submittal to Reviewing Authority. PERs must be submitted to the Department for review and approval prior to the submission of plans and specifications. The Department may allow well construction plans and specifications to be submitted concurrently with a PER for these projects.(7-1-24)

2. Seal Required. PERs submitted to the Department must bear the imprint of an Idaho licensed professional engineer's seal that is both signed and dated by the engineer. The Department will accept the seal and signature of an Idaho licensed professional geologist for well source, spring source, or infiltration gallery site reports, and for well construction.(7-1-24)

3. PER Contents. The PER must include sufficient detail to demonstrate that the proposed project meets applicable criteria. The items included in Subsections 503.03.a. through 503.03.e., and all applicable issues and items specifically required in Sections 500 through 552, must be addressed in detail or justification must be provided for any proposed deviations where specifically allowed. As required, a PER must also identify and evaluate drinking water related problems, assemble basic information, present criteria and assumptions, examine alternative solutions with preliminary layouts and cost estimates, offer a conclusion with a proposed project, and outline official actions and procedures to implement the project. If specific items in Subsections 503.03.a. through 503.03.e. are not applicable to a particular design, then the designer must state this in the PER and state the reason why it is not applicable. Items adequately addressed in the facility plan under which the project is being designed may be addressed by reference for purposes of the PER.(7-1-24)

a.All PERs must include items in Subsection 503.03.a. and the applicable items from Subsections 503.03.b. through 503.03.e.(7-1-24)

i.The general information must include, but is not limited to:(7-1-24)

(1)A detailed description of the proposed project;(7-1-24)

(2)A general description of the location of the project and justification of the site selection; (7-1-24)

(3)A general discussion of adequacy of local roadways and availability of power or other utilities;

(4)A general discussion of surrounding land use, including any potential sources of contamination;

(5)A general discussion of planned security features such as fencing, lighting, alarm systems, etc.

ii.The PER must discuss or reference items provided in the Department-approved facility plan. These items include, but are not limited to:(7-1-24)

(1)A general description of the existing PWS and how the project fits into the overall system and facility plan;(7-1-24)

(2)The estimated PWS size based on number of persons, number of connections, or number of EDUs served or impacted by the project;(7-1-24)

(3)Design data for domestic, irrigation, fire fighting, commercial and industrial water uses, including peak hour, maximum day, and average day demands;(7-1-24)

(4)How the project will affect various storage requirements. See definition of Components of Finished Water Storage in Section 003;(7-1-24)

(5)Pressure ranges for all flow conditions prescribed by these rules;(7-1-24)

(6)A computer model of the hydraulics of the distribution system based on flow demands and pressure requirements is required unless otherwise approved by the Department; any hydraulic model of an existing distribution system must be properly calibrated. The type and sophistication of hydraulic model will be dependent on the type of PWS;(7-1-24)

(7)A general discussion of the adequacy, quality and availability of source of water. A PWS that is to be served by a separate non-potable irrigation system must provide documentation to demonstrate the actual availability of water in sufficient quantity to ensure that the irrigation system will not compete with or in any way diminish the source of water for the potable water system;(7-1-24)

(8)Describe the wastewater collection system and wastewater treatment works, with special reference to their relationship to existing or proposed water works structures which may affect the operation of the water supply system, or which may affect the quality of the supply;(7-1-24)

(9)Assesses and characterize all anticipated treatment waste discharges generated by the project and any activities that may impact the water supply. The location of each waste handling area or discharge point must be shown on a scale map;(7-1-24)

(10) Provide brief discussion of financing options investigated or planned; and(7-1-24)

(11) Discuss mechanisms for protection of the PWS from flooding.(7-1-24)

iii.Include a summary of applicable codes and standards that apply to the proposed project. (7-1-24)

iv. Provide, as applicable, estimated construction costs for public works projects or projects funded through public monies.(7-1-24)

v.Include the proposed construction schedule.(7-1-24)

vi.Identify sources of contamination and describe how the drinking water sources will be protected.

vii.Generally discuss soil, groundwater conditions, and potential building foundation problems, including a description of:(7-1-24)

(1)The character of the soil through which water mains are to be laid;(7-1-24)

(2)Characteristics of the soil, water table, and geological substrate that may affect the design and construction of the foundations of proposed structures; and(7-1-24)

(3)The approximate elevation of groundwater in relation to subsurface structures.(7-1-24)

b.In addition to items listed in Subsection 503.03.a., a PER for source water construction projects using wells or springs must include all items listed in Subsection 503.03.b., applicable items in Sections 510 through 514, and Sections 500 to 552 are to be evaluated for their relevance to the project.(7-1-24)

i.Include geological data and existing well logs.(7-1-24)

ii.Describe the anticipated drilling method and well construction.(7-1-24)

iii.Anticipated potability and water quality including monitoring results required for new sources by

iv.Provide the appropriate documentation for the water rights for the drinking water source. (7-1-24)

v.Dimensions of the well lot and location of source. Include geographical coordinates of the source location.(7-1-24)

vi.For all new groundwater sources, including but not limited to wells, springs, and infiltration galleries, PWSs must supply information as required by the Department for the Department to determine if these sources are under the direct influence of surface water. The determination of direct influence may be based on sitespecific measurements of water quality, documentation of well construction characteristics and geology with field evaluation, a combination of water quality and documentation, or other information required by the Department.

vii.Provide a site evaluation report as required by Section 510 for wells and 514 for springs. (7-1-24)

c.In addition to items listed in Subsection 503.03.a., PERs for well and pump house construction projects must include all items listed in Subsection 503.03.c., applicable items in Sections 511, 541, 547, and Sections 500 to 552 are to be evaluated for their relevance to the project.(7-1-24)

i.Include information on the anticipated construction and well house equipment such as heating, ventilation, interior lighting, and drain(s).(7-1-24)

ii.Provide a brief description of the means for measuring the water level in the well.(7-1-24)

iii.Include information on the proposed or planned pump, including the pump curve.(7-1-24)

iv.Describe the equipment and controls for the well and pump house. This includes but is not limited to system control and data acquisition, variable frequency drive, and other manual or automated controls within the well house.(7-1-24)

v.Piping and appurtenances including but not limited to sample taps, discharge piping, flow meters, check valves, and pressure gauges. Describe the receiving system for the pump to waste volume of water including an evaluation of the capacity of the receiving system and, if applicable, provide documentation that the system owner will accept the estimated volume of water and any limitations the owner places upon that acceptance.(7-1-24)

vi.Describe the well vent if applicable.(7-1-24)

vii.Describe the anticipated casing and well cap type and materials.(7-1-24)

viii. Describe the anticipated pitless adapter for the well.(7-1-24)

ix.Describe the soil and groundwater conditions that may affect the design and construction of proposed structure(s).(7-1-24)

d.In addition to items listed in Subsection 503.03.a., PERs for reservoir and storage construction projects must include all items listed in Subsection 503.03.d., applicable items in Sections 544, and Sections 500 to 552 are to be evaluated for their relevance to the project.(7-1-24)

i.Describe the required storage capacity and the related components of finished water storage.

ii.Describe the anticipated overflow system for the water storage project and where the overflow will discharge.(7-1-24)

iii.Describe the venting system used for the water storage project if applicable.(7-1-24)

iv.Describe the construction materials used for the storage project.(7-1-24)

v.Describe the protection of storage facility features from freezing especially riser pipes, overflows, and vents.(7-1-24)

vi.Describe any site work or grading that may be necessary.(7-1-24)

vii.Provide a discussion on methods to prevent corrosion such as coatings, cathodic protection, corrosion resistant materials, and encasement.(7-1-24)

viii. Describe the methods to be used to disinfect the storage facility and the testing to check for proper disinfection.(7-1-24)

e.Surface water and groundwater under the direct influence of surface water (GWUDI) treatment construction projects. In addition to items listed in Subsection 503.03.a., PERs for surface water treatment and GWUDI construction projects must include all items listed in Sections 503.03.e., applicable items in Sections 515 through 540, and Sections 500 to 552 are to be evaluated for their relevance to the project.(7-1-24)

i.Describe the intake structures that will be used.(7-1-24)

ii.If applicable, describe the proposed off-stream raw water storage.(7-1-24)

iii.Describe the treatment methods and potential alternatives including the removal of pathogens, disinfection, enhanced disinfection, water quality monitoring, and redundancy provisions.(7-1-24)

iv.Characterize the various wastes from the water treatment processes and, if applicable, their volumes, constituents, and proposed treatment and disposal. If discharging to a sanitary sewage system, verify that the system is capable of handling the flow to the treatment works and that the treatment works is capable and willing to accept the additional loading.(7-1-24)

v.Provide applicable raw water monitoring results as required by these rules including anticipated turbidity ranges, microbiological, physical, chemical, radiological, and other parameters as determined by the

vi.An assessment of the degree of hazard to the supply by agricultural, industrial, recreational, and residential activities in the watershed, and by accidental spillage of materials that may be toxic, harmful or detrimental to treatment processes.(7-1-24)

vii.Assess all waste discharges and activities that may impact the water supply. The location of each waste discharge must be shown on a scale map.(7-1-24)

viii. Provide any available records and data regarding hydrological and historical stream flow. (7-1-24)

ix.A copy of the appropriate permit(s) or application(s) from the Idaho Department of Water Resources regarding authorization to appropriate public waters of the state of Idaho in sufficient quantity to meet the design requirements of the PWS.(7-1-24)

x.Anticipated turbidity range.(7-1-24)

xi.Assessment of the degree of control the PWS will be able to exercise over the watershed. (7-1-24)

xii.Projected future uses of impoundments or reservoirs within the watershed.(7-1-24)

xiii. Submit source water sample data over a sufficient period of time to assess the microbiological, physical, chemical and radiological characteristics of the water.(7-1-24)

xiv. Provide consideration of currents, wind and ice conditions, and the effect of confluent streams.

IDAPA 58.01.08.504 Review of Plans and Specifications

The Department will apply the facility and design standards set forth in these rules, Subsections 500 through 548, in the review of plans and specifications for PWS facilities. If design issues are not addressed by the facility and design standards set out in these rules, then guidance documents, some of which are listed in Subsection 002.02, must be used as guidance in the design and review of plans and specifications for public drinking water facilities. See also Section 013.(7-1-24)

1. Ownership. The PWS owner must provide documentation of the ownership and responsibility for operating the proposed PWS to the Department prior to or concurrent with the submittal of plans and specifications as required in Subsection 504.03. The documentation must show organization and financial arrangements adequate to assure construction, operation and maintenance of the PWS according to these rules. Documentation also includes the name of the PWS, the name, address, and phone number of the supplier of water, the PWS size, and the name, address, and phone number of the PWS operator. This information may be presented in a will serve letter as required in Subsection 504.02.(7-1-24)

2. Will Serve Letter. If the proposed project is to be connected to an existing PWS, a letter from the purveyor must be submitted to the Department stating that the purveyor will be able to provide services to the proposed project and that purveyor has reviewed and accepted the proposed construction plans and specifications that are subject to Department review and approval. The Department may require documentation supporting the ability of the purveyor to provide service to the new system without diminishing quality of service to existing customers, as described in Subsection 502.01.a and 502.01.b. This letter must be submitted prior to or concurrent with the submittal of plans and specifications as required in Subsection 504.03.(7-1-24)

3. Plans and Specifications Required.(7-1-24)

a.Prior to construction of new PWSs or material modifications of existing PWSs, the owner must submit plans and specifications to the Department for review and approval. Construction must commence as soon as practical after approval, and if construction is not completed within twelve (12) months of the Department’s final approval, an extension or re-approval must be obtained from the Department. The Department may require resubmittal of all or part of the plans and specifications prior to issuing an extension or re-approving the plans and specifications.(7-1-24)

b.Plans and specifications for simple water main extensions do not require pre-construction approval by the Department when such extensions will be owned and operated by a city, county, quasi-municipal corporation or regulated public utility, provided that such plans and specifications are reviewed and approved by a QLPE who was not involved in the preparation of the plans and specifications being reviewed to verify compliance with the requirements of these rules prior to initiation of construction. Any plans and specifications approved pursuant to Subsection 504.03.b. must be transmitted to the Department at the time construction is authorized and will be marked or stamped as “Approved for Construction.” Along with the plans and specifications, the transmittal must include the items listed in Subsections 504.03.b.i. through 504.03.b.vii. The plans and specifications must bear the imprint of an Idaho licensed professional engineer's seal that is both signed and dated by the engineer, and the approval or transmittal letter must be sealed, signed, and dated by the QLPE that is approving the plans and specifications.

i.A statement that the author of the transmittal letter is the QLPE representing the city, county, quasimunicipal corporation or regulated public entity.(7-1-24)

ii.A statement that the extension project complies with the current facility plan or PER, or a statement that the PWS has adequate capacity. Please see Subsection 502.01.b. for further information.(7-1-24)

iii.A statement from the city, county, quasi-municipal corporation or regulated public entity or its authorized agent that the PWS purveyor will serve the project.(7-1-24)

iv.A statement from the city, county, quasi-municipal corporation or regulated public entity or its authorized agent that the PWS purveyor will own and operate the project after construction is complete. (7-1-24)

v.A statement by the QLPE that the plans and specifications are approved for construction. (7-1-24)

vi.A statement by the QLPE that the plans and specifications comply with the facility standards within

vii.A statement recommending whether sanitary restrictions can be released or will remain in force.

c.Subsections 504.03.c.i. through 504.03.c.vi. outline the projects which QLPEs may approve and which QLPEs may not approve.(7-1-24)

i.A QLPE may approve plans and specifications for simple water main extensions that are able to connect to an existing PWS owned by a city, county, quasi-municipal corporation, or regulated public utility at the time the extension is approved for construction by the QLPE.(7-1-24)

ii.A QLPE may approve plans for simple water main extensions which will connect to an existing PWS, but are unable to connect to the PWS at the time the extension is approved for construction by the QLPE, provided sanitary restrictions remain in force for the proposed extension.(7-1-24)

iii.A QLPE may not approve plans and specifications which include mechanical systems such as booster stations.(7-1-24)

iv.A QLPE may not approve plans and specifications for projects which the QLPE was the design engineer or otherwise involved in the design.(7-1-24)

v.A QLPE employed by a city, county, quasi-municipal corporation, or regulated public utility may approve a design that was prepared by a subordinate engineer or an engineer from a separate design group within the city, county, quasi-municipal corporation, or regulated public utility.(7-1-24)

vi.A QLPE who is not employed by a city, county, quasi-municipal corporation, or regulated public utility, but is retained by a city, county, quasi-municipal corporation, or regulated public utility for the purpose of plan and specification review may not approve projects designed by the company with which the QLPE is employed.

d.At the discretion of the city, county, quasi-municipal corporation or regulated public utility, the plans addressed by Subsection 504.03.b. may be referred to the Department for review and approval prior to initiation of construction.(7-1-24)

4. Review Criteria. The Department will review plans and specifications to determine compliance with these rules and engineering standards of care. If the plans and specifications comply with these rules and engineering standards of care, the Department will not substitute its judgment for that of the owner’s design engineer concerning the manner of compliance with the rule.(7-1-24)

5. Review Schedule. The Department will review plans and specifications in accordance with timelines set forth in Section 39-118, Idaho Code.(7-1-24)

6. Engineer’s Seal Required. Plans and specifications submitted to the Department must bear the imprint of an Idaho licensed professional engineer's seal; except that the Department will accept the seal of an Idaho licensed professional geologist on the following:(7-1-24)

a.Well source, spring source, or infiltration gallery site evaluation reports, as specified in Subsections 510 and 514.(7-1-24)

b.Plans and specifications for well construction and results of field inspection and testing, as specified in Section 510.(7-1-24)

7. Contents of Plans and Specifications. Plans and specifications must, where pertinent, provide the following:(7-1-24)

a.General layout, including:(7-1-24)

i.Suitable title.(7-1-24)

ii.Name of municipality or other entity or person responsible for the water supply.(7-1-24)

iii.Area or institution to be served.(7-1-24)

iv.Scale of drawings.(7-1-24)

v.North arrow.(7-1-24)

vi.Datum used.(7-1-24)

vii.General boundaries of municipality or area to be served.(7-1-24)

viii. Date, name, and address of the designing engineer.(7-1-24)

ix.Legible prints suitable for reproduction.(7-1-24)

x.Location and size of existing water mains, if applicable.(7-1-24)

xi.For PWSs undergoing material modification, location and nature of existing water works structures and appurtenances affecting the proposed improvements.(7-1-24)

b.Detailed plans, including:(7-1-24)

i.Stream crossings, providing profiles with elevations of the stream bed and the estimated normal and extreme high and, where appropriate, low water levels.(7-1-24)

ii.Location and size of the property to be used for the development with respect to known references such as roads, streams, section lines, or streets.(7-1-24)

iii.Topography and arrangement of present or planned wells or structures.(7-1-24)

iv.Elevations of the one hundred (100) year flood level in relation to the floor of structures, upper termination of protective casings, and grade surrounding facilities.(7-1-24)

v.Details of well construction, including diameter and depth of drill holes, casing and liner diameters and depths, grouting depths, elevations, and designation of geological formations, water levels and other data as specified in Section 510.(7-1-24)

vi.Location of all known existing and potential sources of pollution within five hundred (500) feet of water sources or underground treated storage facilities.(7-1-24)

vii.Size, length, and materials of proposed water mains.(7-1-24)

viii. Location of existing or proposed streets; water sources, ponds, lakes, and drains; storm sanitary, combined and house sewers; septic tanks, disposal fields and cesspools.(7-1-24)

ix.Schematic flow diagrams and hydraulic profiles showing the flow through various plant units.

x.Piping in sufficient detail to show flow through the plant including waste lines.(7-1-24)

xi.Locations of all chemical storage areas, chemical feeding equipment, and points of chemical application.(7-1-24)

xii.All appurtenances, specific structures, equipment, water treatment plant waste disposal units and points of discharge having any relationship to the plans for water mains or water works structures.(7-1-24)

xiii. Locations of sanitary or other facilities, such as lavatories, showers, toilets, and lockers, when applicable or required by the Department.(7-1-24)

xiv. Locations, dimensions, and elevations of all proposed plant facilities.(7-1-24)

xv.Locations of all sampling taps owned by the PWS.(7-1-24)

xvi. Adequate description of any significant features not otherwise covered by the specifications that may impact public safety or welfare.(7-1-24)

c.Complete, detailed technical specifications must be supplied for the proposed project, including:

i.A program for keeping existing water works facilities in operation during construction of additional facilities so as to minimize interruption of service.(7-1-24)

ii.Laboratory facilities and equipment.(7-1-24)

iii.Description of chemical feeding equipment.(7-1-24)

iv.Procedures for flushing, disinfection and testing, as needed, prior to placing the project in service.

All wells, pipes, tanks, and equipment which can convey or store potable water must be disinfected in accordance with AWWA Standards, incorporated into these rules at Subsection 002.01. Plans or specifications must outline the procedure and include the disinfectant dosage, contact time, and method of testing the results of this procedure.

v.Materials or proprietary equipment for sanitary or other facilities, including any necessary backflow or back-siphonage protection.(7-1-24)

d.Complete design criteria, as set forth in these rules.(7-1-24)

e.The Department may require additional information which is not part of the construction drawings, including, but not limited to, head loss calculations, proprietary technical data, and copies of contracts.(7-1-24)

8. Notification of Material Deviations. As set forth in Subsection 504.03, during construction or modification, the Department must be notified of any material deviation from the approved plans. The reviewing authority’s prior written approval is required before any material deviation is allowed.(7-1-24)

9. Record Plans and Specifications Required.(7-1-24)

a.Must be submitted to the Department by the design engineer as specified in Section 39-118(3), Idaho Code.(7-1-24)

b.Record plans and specifications, or a statement submitted in lieu of record plans and specifications, must bear the imprint of an Idaho licensed professional engineer's seal that is both signed and dated by the engineer.

c.The Department will accept the seal and signature of an Idaho licensed professional geologist on record plans and specifications, or a statement bearing the seal and signature of an Idaho licensed professional geologist in lieu of record plans and specifications, for record plans and specifications for well construction and results of field inspection and testing, as specified in Section 510.(7-1-24)

10. Exception. The Department may waive the plan and specification approval required of any facility or category of facilities when doing so will have no significant impact on public health or the environment. (7-1-24)

11. Department Approval On-Site During Construction. It is the responsibility of the owner to maintain one (1) copy of the approved plans and specifications and the approval letter from the reviewing authority on-site during construction at all times.(7-1-24)

12. Construction. Except as provided in Subsection 504.03.b., no construction will commence until all of the necessary approvals have been received from the Department. The owner must provide for the inspection of the construction of a PWS facility by an Idaho licensed professional engineer to the extent required to confirm material compliance with the approved plans and to produce accurate record documents as required by Subsection 504.09.

IDAPA 58.01.08.505 (Reserved)

IDAPA 58.01.08.510 Siting and Construction of Wells

Written approval by the Department is required before water from any new or reconstructed well may be served to the public. Any supplier of water for a PWS served by one (1) or more wells must ensure that the following requirements are met:(7-1-24)

1. Site Approval. Prior to drilling, the site of a PWS well must be approved in writing by the Department. A well site evaluation report must be submitted prior to or concurrent with the PER for the well. The well site evaluation must take into account the proposed size, depth, and location of the well. The evaluation may include, but is not limited to the following types of information:(7-1-24)

a.An evaluation of the quality of anticipated groundwater.(7-1-24)

b.Identification of the known aquifers and the extent of each aquifer, based on the stratigraphy, sedimentation, and geologic structure beneath the proposed well site.(7-1-24)

c.An estimate of hydrologic and geologic properties of each aquifer and confining layers. (7-1-24)

d.Prediction of the sources of water to be extracted by the well and the drawdown of existing wells, springs, and surface water bodies that may be caused by pumping the proposed well. This prediction may be based on analytical or numerical models as determined by the Idaho Department of Water Resources permitting process.

e.Demonstration of the extent of the capture zone of the well, based on the well’s design discharge and on aquifer geology, using estimates of hydraulic conductivity and storativity.(7-1-24)

f.Description of potential sources of contamination including, but not limited to, sewers and sewage treatment/disposal facilities, highways, railroads, landfills, outcroppings of consolidated water-bearing formations, chemical facilities, waste disposal wells, and agricultural uses within five hundred (500) feet of the well site.(7-1-24)

2. Location. In vulnerable settings, the Department may require engineering or hydrologic analysis to determine if the required setback distance is adequate to prevent contamination. Each well must be staked by the design engineer or licensed professional geologist prior to drilling and meet the following minimum distances:

3. Construction Standards. In addition to meeting the requirements of these rules, all wells must be constructed in accordance with IDAPA 37.03.09, “Well Construction Standards Rules,” and related rules and laws administered by the Idaho Department of Water Resources. All wells must comply with the drilling permit Minimum Distances from a Public Water System Well Frost free hydrant5 feet Property line50 feet Gravity wastewater line50 feet Any potential source of contamination50 feet Pressure wastewater line100 feet Class A Municipal Reclaimed Wastewater Pressure distribution line Individual home septic tank100 feet Individual home disposal field100 feet Individual home seepage pit100 feet Privies100 feet Livestock50 feet Drainfield - standard subsurface disposal module100 feet Absorption module - large soil absorption system 150 - 300 feet, see IDAPA 58.01.03 Canals, streams, ditches, lakes, ponds and tanks used to store non-potable substances Storm water facilities disposing storm water originating off the well lot Municipal or industrial wastewater treatment plant500 feet Reclamation and reuse of municipal and industrial wastewater sites See IDAPA 58.01.17 Biosolids application site1,000 feet requirements of Section 42-235, Idaho Code.(7-1-24)

a.Casing for steel pipe must meet the following requirements: * id = inside diameter * od = outside diameter(7-1-24)

b.The use of plastic well casing for PWS wells may be considered on a case-by-case basis. Plastic casing must meet or exceed ASTM Standard F480, current edition, and ANSI/NSF Standard 61. Plastic casing must also meet the following requirements:(7-1-24)

i.Have a minimum wall thickness equivalent to standard dimension ratio 21. However, diameters of 8 inches or greater or deep wells may require greater thickness to meet collapse strength requirements;(7-1-24)

ii.Must not be used at sites where permeation by hydrocarbons or degradation may occur; (7-1-24)

iii.Must be assembled using coupling or solvent welded joints. All coupling and solvents must meet ANSI/NSF Standard 14, ASTM F480, or similar requirements; and(7-1-24)

iv.Must not be driven.(7-1-24)

c.PWS wells must have no less than fifty-eight (58) feet of annular seal of not less than one and one- STEEL PIPE DIAMETER (inches)

THICKNESS

(inches)

WEIGHT PER FOOT

(pounds)

SIZEExternalInternal Plain Ends (calculated)

With Threads and Couplings (nominal) 6 (id)6.6256.0650.28018.9719.18 88.6257.9810.32228.5529.35 1010.75010.0200.36540.4841.85 1212.75012.0000.37549.5651.15 14 (od)14.00013.2500.37554.5757.00 1616.00015.2500.37562.58 1818.00017.2500.37570.59 2020.00019.2500.50078.60 2222.00021.0000.500114.81 2424.00023.0000.500125.49 2626.00025.0000.500136.17 2828.00027.0000.500146.85 3030.00029.0000.500157.53 3232.00031.0000.500168.21 3434.00033.0000.500178.89 3636.00035.0000.500189.57 half (1 ½) inches thickness as measured from land surface to the bottom of the seal unless:(7-1-24)

i.It can be demonstrated to the Department’s satisfaction that there is a confining layer at lesser depth that is capable of preventing unwanted water from reaching the intake zone of the well; or(7-1-24)

ii.The best and most practical aquifer at a particular site is less than fifty-eight (58) feet deep; or;

iii.The Department specifies a different annular seal depth based on local hydrologic conditions.

d.Specifications must include allowable tolerances for plumbness and alignment in accordance with AWWA Standards, incorporated by reference into these rules at Subsection 002.01, or as otherwise approved by the Department. If the well fails to meet these requirements, it may be accepted by the Department if it does not interfere with the installation or operation of the pump or uniform placement of grout.(7-1-24)

e.Geological data must be collected at each pronounced change in formation and recorded in the driller’s log. Supplemental data includes, but is not limited to, accurate geographical location such as latitude and longitude or GIS coordinates, and other information on accurate records of drillhole diameters and depths, assembled order of size and length of casing, screens and liners, grouting depths, formations penetrated, and water levels.

(7-1-25)

f.The owner of each well must retain all records pertaining to each well until the well has been properly abandoned.(7-1-24)

g.Wells with intake screens must:(7-1-24)

i.Be constructed of materials resistant to damage by chemical action of groundwater or cleaning operations.(7-1-24)

ii.Have openings based on sieve analysis of formation, of gravel pack materials, or both. (7-1-24)

iii.Have sufficient length and diameter to provide adequate specific capacity and aperture entrance velocity not to exceed point one (0.1) feet per second, or as otherwise approved by the Department.(7-1-24)

iv.Be installed so that the pumping water level remains above the screen under all operating conditions, or otherwise approved by the Department. Where a bottom plate or sump is utilized, it must be of the same material as the screen, or as otherwise approved by the Department. Where a washdown assembly, tailpipe or sump is used below the screen, it may be made of a different material than the screen.(7-1-24)

h.Permanent well casing must be surrounded by a minimum of one and one-half (1 ½) inches of grout to the depth required by Subsection 510.03.b., or by the Rules of the Idaho Department of Water Resources, whichever is greater. All casing identified in plans and specifications as temporary casing must be removed prior to well completion.(7-1-24)

i.Neat cement grout consisting of cement that conforms to AWWA Standard A-100, and water, with not more than six (6) gallons of water per ninety-four (94) pounds of cement, must be used for one and one-half (1 ½) inch annular space. Additives may be used to increase fluidity and are subject to approval by the Department and the Idaho Department of Water Resources on a case-by-case basis.(7-1-24)

ii.Bentonite grout must have a solids content not less than twenty-five (25) percent by weight when mixed with water and be specifically manufactured for use in sealing of well casing. Bentonite grout must not contain weighting agents to increase solids content and not be used above the water table. All bentonite grout must be installed by positive displacement from the bottom up through a tremmie or float shoe.(7-1-25)

iii.Where a dry annular space is to be sealed, a minimum of two (2) inches on all sides of the casing will be required to place bentonite to depths not greater than one hundred (100) feet, using #8 mesh granular bentonite. All dry pour granular bentonite must be tagged at appropriate intervals to verify placement. If a bridge occurs, a tremmie pipe must be washed or jetted through the bridge to allow for pumping of grout. Bentonite chips must be of sufficient size to accommodate proper placement for the existing subsurface conditions.(7-1-24)

iv.Dry granular bentonite used in wells where a dry annular space is to be sealed with depths greater than one hundred (100) feet will require an annulus of at least three (3) inches on all sides of the casing, or as approved by the Department and the Idaho Department of Water Resources. If a bridge occurs, a tremmie pipe must be washed or jetted through the bridge to allow for pumping of grout. Bentonite chips must be of sufficient size to accommodate proper placement for the existing subsurface conditions.(7-1-24)

v.All chip bentonite seals installed through water must only be used in annular spaces of at least four (4) inches on all sides of the casing. If a bridge occurs, a tremmie pipe must be washed or jetted through the bridge to allow for pumping of grout. Bentonite chips must be of sufficient size to accommodate proper placement for the existing subsurface conditions. Chip bentonite seals installed through water must be:(7-1-24)

(1)Installed in accordance with manufacturer’s specifications; or(7-1-24)

(2)Installed by pouring chips over a one-quarter (1/4) inch mesh screen for three-eighths (3/8) inch chips to remove fines to prevent bridging at the water table; or(7-1-24)

(3)Installed using coated pellets to retard hydration if approved by the Department and the Idaho Department of Water Resources.(7-1-24)

vi.Concrete may be approved on a case-by-case basis by the Department and the Idaho Department of Water Resources. Upon such approval, the approved method must use a six (6) sack minus one-half (1/2) inch Portland cement concrete and must be installed by positive displacement from the bottom up through a tremmie pipe.

4. Disinfection. All tools, bits, pipe, and other materials to be inserted in the borehole must be cleaned and disinfected in accordance with the Well Construction Standards and permitting requirements of the Idaho Department of Water Resources. This applies to new well construction and repair of existing wells.(7-1-24)

5. Well Completion Report. Upon completion of a well, and prior to its use as a drinking water source, the following information and data must be submitted by the PWS to the Department. The well completion report must be submitted to the Department prior to or concurrent with the submittal of the preliminary engineering report for well house construction/modification. The well completion report must bear the imprint of an Idaho licensed professional engineer's or an Idaho licensed professional geologist’s seal that is both signed and dated by the engineer or geologist:(7-1-24)

a.A copy of all well logs;(7-1-24)

b.Results of test pumping, as specified in Subsection 510.06;(7-1-24)

c.As constructed plans showing at least the following:(7-1-24)

i.Annular seal, including depth and sealant material used and method of application;(7-1-24)

ii.Casing perforations, results of sieve analysis used in designing screens installed in sand or gravel aquifers, gravel packs; and(7-1-24)

iii.Recommended pump location.(7-1-24)

d.Other information as may be specified by the Department.(7-1-24)

e.Sampling results for iron, manganese, corrosivity, and other secondary contaminants specified by the Department. Other monitoring requirements are specified in Subsections 510.05.e.i. through 510.05.e.iii.(7-1-24)

i.Community systems must submit results of analysis for total coliform, inorganic and organic chemical contaminants, radionuclide contaminants, and Per- and Polyfluoroalkyl Substances (PFAS) contaminants set forth in Sections 100 and 101 unless analysis is waived pursuant to Section 101.(7-1-26)

ii.Non-transient Non-community systems must submit results of analysis for total coliform, inorganic and organic chemical contaminants, and Per- and Polyfluoroalkyl Substances (PFAS) contaminants listed in Sections 100 and 101 unless analysis is waived pursuant to Section 101.(7-1-26)

iii.Transient Non-community systems must submit results of a total coliform, nitrite, and nitrate analysis listed in Sections 100 and 101.(7-1-26)

6. Test Pumping. Upon completion of a groundwater source, test pumping must be conducted in accordance with the following procedures to meet the specified requirements:(7-1-24)

a.The well must be test pumped at the desired yield (design capacity) of the well for at least twentyfour (24) consecutive hours after the drawdown trend has stabilized, as determined by the supervising engineer or geologist. Alternatively, the well may be pumped at a rate of one hundred fifty percent (150%) of the desired yield for at least six (6) continuous hours after the drawdown trend has stabilized, as determined by the supervising engineer or geologist. The field pumping equipment must be capable of maintaining a constant rate of discharge during the test.

Discharge water must be piped an adequate distance to prevent recharge of the well during the test. If the well fails the test protocol, design of the PWS must be re-evaluated and submitted to the Department for approval. (7-1-24)

b.Upon completion of well development, the well must be tested for sand production. Fifteen (15) minutes after the start of the test pumping (at or above the design production rate), the sand content of a new well may not be more than five (5) parts per million. Sand production must be measured by a centrifugal sand sampler or other means acceptable to the Department. If sand production exceeds five (5) ppm, the well must be screened gravel packed, or re-developed.(7-1-24)

c.The following data must be provided:(7-1-24)

i.Static water level and stabilized drawdown;(7-1-24)

ii.Well yield in gallons per minute and duration of the pump test, including a discussion of any discrepancy between the desired yield and the yield observed during the test;(7-1-25)

iii.Water level in the well recorded at regular intervals during pumping;(7-1-24)

iv.Profile of water level recovery from the pumping level projected to the original static water level.

v.Depth at which the test pump was positioned in the well;(7-1-24)

vi.Test pump capacity and head characteristics;(7-1-24)

vii.Sand production data.(7-1-24)

viii. Results of analysis based on the drawdown and recovery test pertaining to aquifer properties, long term yield, and boundary conditions affecting drawdown.(7-1-24)

d.The Department may allow the use of other pump test protocols that are generally accepted by engineering firms with specialized experience in well construction, by the well drilling industry, or as described in national standards (such as ANSI/AWWA A100), as long as the minimum data specified in Subsection 510.06.c. are provided. The Department welcomes more extensive data about the well, such as step-drawdown evaluations used in determining well capacity for test pumping purposes, zone of influence calculations, and any other information that may be of use in source protection activities or in routine PWS operations.(7-1-24)

e.Where aquifer yield, sustainability, or water quality are questionable, the Department, at its discretion, may require additional site-specific investigations that include test well construction, long-term pumping tests, or other means to demonstrate that the aquifer yield is sufficient to meet the long-term water requirements of the project.(7-1-24)

7. Conversion of Non-Public Water System Wells for Public Water System Use. Any existing well constructed for use other than as a PWS source may be considered for use as a PWS source on a case-by-case basis. The owner of such a well must demonstrate to the Department’s satisfaction that the well site conforms to the requirements of Subsections 510.01, 510.02, and Section 512, the well is constructed in a manner that is protective of public health, and that both the quantity and quality of water produced by the well meet PWS standards set forth in 08. Monitoring Wells. If monitoring (observation) wells are used and are intended to remain in service after completion of the water supply well, the observation wells must be constructed in accordance with the requirements for permanent wells and be protected at the upper terminal to preclude entrance of foreign materials in accordance with the “Well Construction Standard Rules,” IDAPA 37.03.09.(7-1-24)

8. Well Abandonment. Well decommissioning (abandonment) must be performed in accordance with Department of Water Resources requirements set forth in IDAPA 37.03.09, “Well Construction Standard Rules.

IDAPA 58.01.08.511 Well Pumps, Discharge Piping, and Appurtenances

1. Sample Tap Required. A sample tap suitable for collecting bacteriological samples must be provided as required by Subsection 501.09 on the discharge piping from every well at a point where pressure is maintained but prior to any treatment. In addition, threaded hose bib taps may also be used for collecting samples, other than bacteriological samples, if equipped with an appropriate backflow prevention device as may be necessary to protect the PWS from contamination.(7-1-24)

2. Discharge Piping. The discharge line must be equipped with the necessary valves and appurtenances to allow a well to be pumped to waste at the scour velocity of the well column via an approved air gap of no less than two (2) pipe diameters, unless otherwise approved by the Department, through an approved noncorrodible screen or equivalent at a location prior to the first service connection, and must meet the following

a.Be designed to minimize friction loss.(7-1-24)

b.Have control valves and appurtenances located above the pump house floor when an above-ground discharge is provided.(7-1-24)

c.Be protected against contamination.(7-1-24)

d.Vertical turbine pumps must be equipped with an air release-vacuum relief valve, or equivalent, located upstream from the check valve, with exhaust/relief piping terminating in a down-turned position at least eighteen (18) inches above the floor and covered with a twenty-four (24) mesh corrosion resistant screen. (7-1-24)

e.Have all exposed piping, valves and appurtenances protected against physical damage and freezing.

f.Be properly anchored to prevent movement, and protected against surge or water hammer. (7-1-24)

g.The pump to waste discharge piping must be valved to ensure that other PWS components that may be negatively affected by the quality of the discharged water are not pressurized by the water that is being pumped to waste.(7-1-24)

h.Where two (2) or more wells are connected to a common well house, the discharge piping must be designed to ensure that each well can be pumped to waste independently without affecting the ability of the other well or wells to pressurize the PWS.(7-1-24)

3. Pressure Gauge Required. A pressure gauge must be provided on discharge piping.(7-1-24)

4. Flow Meter and Check Valve. Unless otherwise approved by the Department, an instantaneous and totalizing flow meter equipped with nonvolatile memory must be installed on the discharge line of each well in accordance with the manufacturer’s specifications. Meters installed on PWSs with variable frequency drives must be capable of accurately reading the full range of flow rates. An accessible check valve, which is not located in the pump column, must be installed in the discharge line of each well between the pump and the shut-off valve. Additional check valves must be located in the pump column as necessary.(7-1-24)

5. Well Vent. All wells must be vented, unless it can be demonstrated that the drawdown under maximum pumping conditions will not exceed ten (10) feet.(7-1-24)

a.For wells not in a pump house, the open end of the vent must be screened with a twenty-four (24) mesh or similar non-corrodible screen and terminated downward at least eighteen (18) inches above the final ground

b.If the well is in a pump house, the open end of the vent must be screened with a twenty-four (24) mesh or similar non-corrodible screen and must terminate downward at least twelve (12) inches above the pump house floor.(7-1-24)

c.Artesian wells equipped with pumps may need venting or an air valve as determined by the 06. Casings and Sanitary Well Caps. The following requirements apply to well casings and sanitary caps:(7-1-24)

a.Casings must extend at least eighteen (18) inches above the final ground surface. If the well is located within a pump house, casings must extend least twelve (12) inches above the pump house floor. For a well located in an area subject to flooding, the Department may require an extension of the casing above the one hundred (100) year or highest known flood level, whichever is higher.(7-1-24)

b.Wells must be cased and provided with an approved cap in such a manner that contamination cannot enter the well.(7-1-24)

c.For community PWSs, a permanent means for measuring water level within the casing must be provided. For other PWSs, a temporary means to measure water levels may be made available. All equipment required for conducting water level measurements must be purchased and made available to the PWS operator at the time the well is put into service. Where pneumatic or electronic water level measuring equipment is used, it must be made using corrosion resistant materials attached firmly to the drop pipe or pump column and in such a manner as to prevent entrance of foreign materials.(7-1-24)

7. Well Houses. For regulatory purposes, a well house is considered a pump house as defined in Section 003. Well houses must meet the requirements for pump houses as set forth in Section 541. All above ground discharge piping must be contained in a well house or otherwise protected from freezing.(7-1-24)

8. Pitless Adapters and Units.(7-1-24)

a.Marked approved by the National Sanitation Foundation or Pitless Adapter Division of the Water Systems Council.(7-1-24)

b.Designed, constructed and installed to be watertight including the cap, cover, casing extension and other attachments.(7-1-24)

c.Field tested for leaks before being put into service. The procedure outlined in “Manual of Individual and Non-Public Water Supply Systems,” referenced in Subsection 002.02, or other procedure approved by the Department Must be followed.(7-1-24)

d.If the discharge line is two (2) inches or smaller, be provided with a swing joint outside the pitless adapter unit to reduce strain, deformation, and possible leakage of the pitless seal caused by settling soils in the trench. The orientation of swing joints must be such that any settling that occurs will tighten the threads. The hole in the casing must be cut with a saw rather than a torch with an opening large enough to allow seating of gaskets.

e.Provided with a contamination-proof entrance connection for electrical cable.(7-1-24)

f.Pitless adapters:(7-1-24)

i.Threaded adapters must be installed by drilling a hole not more than one quarter (1/4) inch larger than the outer diameter of the pitless shank. No torch-cut holes will be accepted. The orientation of swing joints must be such that any settling that occurs will tighten the threads.(7-1-24)

ii.The only field welding permitted will be that needed to connect a pitless adapter to the casing.

g.Pitless units must be:(7-1-24)

i.Shop-fabricated from the point of connection with the well casing to the unit cap or cover. (7-1-24)

ii.Constructed of materials and weight at least equivalent to and compatible with the well casing.

iii.Threaded or welded to the well casing. Threaded units must be installed by drilling a hole not more than one quarter (¼) inch larger than the outer diameter of the pitless shank. No torch-cut holes will be accepted. If the connection to the casing is by field weld, the shop-assembled unit must be designed specifically for field welding to the casing.(7-1-24)

iv.Terminate at least eighteen (18) inches above final ground elevation. For a well located in an area subject to flooding, the Department may require an extension of the casing above the one hundred (100) year or highest known flood level, whichever is higher.(7-1-24)

v.Provided with access to disinfect the well.(7-1-24)

vi.Field connected to the lateral discharge from the pitless unit of threaded, flanged, or mechanical joint connection.(7-1-24)

h.After installation of a pitless adapter or unit, the disturbed well seal must be repaired or replaced to meet original seal specifications unless otherwise approved by the Department. The engineering proposal must ensure that the material surrounding the final seal is moisture controlled and compacted such that it equals or exceeds the characteristics of the native soil prior to being disturbed.(7-1-24)

9. Wells Not Allowed in Pits. Wells must not be located in pits. Exceptions to this requirement will be granted by the Department if the well was constructed prior to November 5, 1964, and the installation is constructed or reconstructed in accordance with the requirements of the Department to provide watertight construction of pit walls and floors, floor drains and acceptable pit covers.(7-1-24)

10. Discharge Pumps. Discharge pumps are subject to the following requirements:(7-1-24)

a.Line shaft pumps must:(7-1-24)

i.Have the casing firmly connected to the pump structure or have the casing inserted into a recess extending at least one-half (1/2) inch into the pump base.(7-1-24)

ii.Have the pump foundation and base designed to prevent water from coming into contact with the joint.(7-1-24)

iii.Use lubricants that meet ANSI/NSF Standard 61.(7-1-24)

b.Submersible pumps:(7-1-24)

i.The top of the casing must be effectively sealed against the entrance of water under all conditions of vibration or movement of conductors or cables.(7-1-24)

ii.The electrical cable must be firmly attached to the drop pipe at twenty-one (21) foot intervals or less, or at each coupling or joint.(7-1-24)

IDAPA 58.01.08.512 Well Lot

A well lot must be provided for wells constructed after November 1, 1977. The well lot must be owned in fee simple by the supplier of water or controlled by lease or easement with a term of not less than the useful life of the well and be large enough to provide a minimum distance of fifty (50) feet between the well and the nearest property line.

1. Use of Chemicals. No pesticides, herbicides, or fertilizers may be applied to a well lot without prior approval from the Department.(7-1-24)

2. Storage of Hazardous Materials. No pesticides, herbicides, fertilizers, portable containers of petroleum products, or other materials known to be toxic or hazardous may be stored on a well lot, except that:

a.An internal combustion engine to drive either a generator for emergency standby power or a pump to provide fire flows, and an associated fuel tank, may be placed on the well lot.(7-1-24)

b.A propane or natural gas powered generator is preferable to reduce risk of fuel spillage. (7-1-24)

c.If a diesel or gasoline-fueled engine is used, the fuel tank and connecting piping must be approved by the Underwriter’s Laboratory, Inc., double-walled, meet the requirements of the local fire jurisdiction, and include both spill prevention and overfill protection features. The tank must be above ground and may be contained within the structural base of the generator unit. A spill containment structure must surround all fuel tanks and be sized to contain at least one hundred ten percent (110%) of the fuel tank volume. The Department may require additional containment capacity in settings where accumulation of snow, ice, or rain water may be expected to diminish the usable capacity of the structure. A licensed PWS operator must be present during filling of the tank following a period of usage, or during periodic extraction and replacement of outdated fuel.(7-1-24)

d.If the internal combustion engine is located within the pump house, the floor of the pump house must be constructed so as to contain all petroleum drips and spills so that they will not be able to reach the floor drain(s). Engine exhaust must be directly discharged outside the pump house.(7-1-24)

3. Parking Lots and Vehicle Storage. Public parking or vehicle storage is not allowed on the well lot, except that operation/maintenance vehicles may be temporarily parked on the well lot during the normal course of business.(7-1-24)

IDAPA 58.01.08.513 Number of Groundwater Sources Required – Existing Systems

Existing community PWSs served by groundwater and intending to serve more than twenty-five (25) connections or equivalent dwelling units are subject to the following requirements for the number of groundwater sources required.

1. Existing System with All Sources Constructed Prior to July 1, 1985. A community PWS served by groundwater and with all existing sources constructed prior to July 1, 1985 will be required to comply with Subsection 501.17 upon substantially modifying the PWS after July 2002.(7-1-24)

2. Existing System with Any Sources Constructed After July 1, 1985. A community PWS served by groundwater with any sources constructed after July 1, 1985 is required to comply with Subsection 501.17 when a material modification is made to the PWS after May 8, 2009, which triggers the PWS to be classified as substantially modified.(7-1-24)

IDAPA 58.01.08.514 Spring Sources

Written approval by the Department is required before water from any new or reconstructed spring source may be served to the public. For new spring sources, the Department will require a site evaluation report containing applicable required information listed in Subsection 510.01. This information includes, but is not limited to, the following: an evaluation of the potability and quality of anticipated spring water; an estimate of hydrologic and geologic properties of the aquifer; and a description of potential sources of contamination within five hundred (500) feet of the spring. Any supplier of water for a PWS served by one (1) or more springs must ensure that the following requirements are met:(7-1-24)

1. Protection of the Spring. Springs must be housed in a permanent structure and protected from contamination including the entry of surface water, animals, and dust.(7-1-24)

2. Spring Box or Combined Spring Box/Finished Water Storage Design. To facilitate efficient design and review of spring box or combined spring box/finished water storage designs, these site-specific designs must be coordinated in advance with the Department. Specific issues to be addressed are:(7-1-24)

a.The inlet must be screened as determined by the Department and located above the floor of the collection chamber.(7-1-24)

b.Unless otherwise approved by the Department, the spring box or combined spring box/finished water storage tank must meet the applicable design requirements of Section 544 - Facility and Design Standards:

General Design of Finished Water Storage.(7-1-24)

3. Sample Tap. A sample tap suitable for collecting bacteriological samples must be provided as required by Subsection 501.09.In addition, threaded hose bib taps may also be used for collecting samples, other than bacteriological samples, if equipped with an appropriate backflow prevention device as may be necessary to protect the PWS from contamination.(7-1-24)

4. Flow Measurement. A flow meter or other flow measuring device must be provided. (7-1-24)

5. Protected Area. The entire area within a one hundred (100) foot radius of the spring box and collection piping must be owned by the supplier of water or controlled by a long term lease, secured to prevent trespass or livestock and void of buildings, dwellings and any potential sources of contamination. Surface water must be diverted from this area.(7-1-24)

IDAPA 58.01.08.515 Surface Sources and Groundwater Sources Under the Direct Influence

OF SURFACE WATER.

Written approval by the Department is required before water from any new surface source or groundwater source that is under the direct influence of surface water may be served to the public. Infiltration collection lines or galleries are considered groundwater under the direct influence of surface water unless demonstrated otherwise. Infiltration galleries that are not directly influenced by surface water must meet the requirements of Section 514. The area around infiltration lines must be under the control of the water purveyor for a distance acceptable to the Department. (7-1- 24)

1. Intake Structures. Design of intake structures must provide for:(7-1-24)

a.Withdrawal of water from more than one (1) level if quality varies with depth.(7-1-24)

b.Separate facilities for release of less desirable water held in storage.(7-1-24)

c.Where frazil ice may be a problem, holding the velocity of flow into the intake structure to a minimum, generally not to exceed point five (0.5) feet per second. Frazil ice is made up of randomly distributed ice crystals that are formed in flowing water that has cooled below thirty-two (32) degrees Fahrenheit and is prevented from forming into ice sheets by the movement of the water.(7-1-24)

d.Inspection manholes every one thousand (1000) feet for pipe sizes large enough to permit visual inspection.(7-1-24)

e.Cleaning the intake line as needed.(7-1-24)

f.Adequate protection against rupture by dragging anchors, ice, or other hazards.(7-1-24)

g.Ports located above the bottom of the stream, lake or impoundment, but at sufficient depth to be kept submerged at low water levels.(7-1-24)

h.Where shore wells are not provided, a diversion device capable of keeping large quantities of fish or debris from entering an intake structure.(7-1-24)

i.If necessary, provisions must be made in the intake structure to control the influx of nuisance aquatic organisms. Specific control methods must be approved by the Department.(7-1-24)

j.When buried surface water collectors are used, sufficient intake opening area must be provided to minimize inlet head loss. Particular attention must be given to the selection of backfill material in relation to the collector pipe slot size and gradation of the native material over the collector system.(7-1-24)

2. Raw Water Pumps. Raw water pumping wells must:(7-1-24)

a.Have motors and electrical controls located above grade (except for submersible pumps) and protected from flooding as required by the Department.(7-1-24)

b.Be accessible and designed to prevent flotation.(7-1-24)

c.Be equipped with removable or traveling screens before the pump suction well.(7-1-24)

d.Provide for introduction of chlorine or other chemicals in the raw water transmission main if necessary for quality control.(7-1-24)

e.Where practical, have intake valves and provisions for back flushing or cleaning by a mechanical device and testing for leaks.(7-1-24)

f.Have provisions for withstanding surges where necessary.(7-1-24)

3. Off-stream Raw Water Storage. An off-stream raw water storage reservoir is a facility into which water is pumped during periods of good quality and high stream flow for future release to treatment facilities. These off-stream raw water storage reservoirs must be constructed to assure that:(7-1-24)

a.Water quality is protected by controlling runoff into the reservoir.(7-1-24)

b.Dikes are structurally sound and protected against wave action and erosion.(7-1-24)

c.Intake structures and devices meet requirements of Subsection 515.01.(7-1-24)

d.Point of influent flow is separated from the point of withdrawal.(7-1-24)

e.Separate pipes are provided for influent to and effluent from the reservoir.(7-1-24)

4. Reservoirs. Impoundments and reservoirs must provide, where applicable:(7-1-24)

a.Removal of brush and trees to high water elevation.(7-1-24)

b.Protection from floods during construction.(7-1-24)

c.Wells which will be inundated by the reservoir must be abandoned in accordance with requirements of the Idaho Department of Water Resources. See Rules of the Idaho Department of Water Resources referenced in Subsection 002.02.(7-1-24)

IDAPA 58.01.08.516 (Reserved)

IDAPA 58.01.08.518 Additional Design Criteria for Surface Sources

Performance criteria for surface water treatment facilities are set forth in Sections 104, 112, and 115. Surface water treatment systems must comply with applicable general design requirements in Section 503. In addition, the following design requirements apply specifically to surface water treatment facilities:(7-1-26)

1. Engineering Design Requirements. The PWS must ensure that filtration and disinfection facilities for surface water or groundwater under the direct influence of surface water are designed, constructed and operated in accordance with all applicable engineering practices designated by the Department. The design of the water treatment plant must consider the worst raw water quality conditions that are likely to occur during the life of the facility.

2. Removal of Pathogens. Filtration facilities (excluding disinfection) must be designed, constructed and operated to achieve at least two (2) log removal of Giardia lamblia cysts, two (2) log removal of Cryptosporidium oocysts, and one (1) log removal of viruses, except as allowed under Subsection 518.09.b.(7-1-24)

3. Disinfection. Disinfection facilities must be designed, constructed and operated so as to achieve at least point five zero (0.50) log inactivation of Giardia lamblia cysts; and(7-1-24)

a.Two (2) log inactivation of viruses if using conventional and slow sand filtration technology; or

b.Three (3) log inactivation of viruses if using direct and diatomaceous earth filtration technology; or

c.Four (4) log inactivation of viruses if using alternate filtration technology.(7-1-24)

d.Four (4) log inactivation of viruses if filtration treatment is not used.(7-1-24)

4. Enhanced Disinfection. Higher levels of disinfection than specified under Subsection 518.03 may be required by the Department to provide adequate protection against Giardia lamblia and viruses.(7-1-24)

5. Filter to Waste. For plants constructed after December 31, 1992, each filter unit must be capable of filter to waste. For plants constructed prior to December 31, 1992, each filter unit must be capable of filter to waste unless the PWS demonstrates through continuous turbidity monitoring or other means acceptable to the Department that water quality is not adversely affected following filter backwashing, cleaning or media replacement. (7-1-24)

6. Continuous Turbidity Monitoring. For conventional, direct, membrane, and diatomaceous earth filtration technology, equipment must be provided to continuously measure the turbidity of each filter unit. (7-1-24)

07.Continuous Monitoring of Disinfectant. Equipment must be provided and operated for continuous measurement of disinfectant residual prior to entry to the distribution system, unless the PWS serves fewer than three thousand three hundred (3,300) people.(7-1-24)

8. Continuous Operation Required. Diatomaceous earth filtration facilities must include an alternate power source with automatic startup and alarm, or be designed in a manner to ensure continuous operation.

9. Acceptable Technology. The purveyor must select a filtration technology acceptable to the

a.Conventional, direct, slow sand, diatomaceous earth, and membrane filtration technologies are generally acceptable to the Department on a case-by-case basis.(7-1-24)

b.Alternate filtration technologies may be acceptable if the purveyor demonstrates all of the following to the satisfaction of the Department:(7-1-24)

i.That the filtration technology:(7-1-24)

(1)Is certified and listed by the National Sanitation Foundation (NSF) under Standard 53, Drinking Water Treatment Units - Health Effects, as achieving the NSF criteria for cyst reduction; or(7-1-24)

(2)Removes at least ninety-nine percent (99%) (two (2) logs) of Cryptosporidium oocysts or surrogate particles and removes or inactivates at least ninety-nine percent (99%) (two (2) logs) of Giardia lamblia cysts or Giardia lamblia cyst surrogate particles in a challenge study acceptable to the Department.(7-1-24)

ii.Based on field studies or other means acceptable to the Department, it must be demonstrated that the filtration technology has the following capabilities:(7-1-24)

(1)In combination with disinfection treatment, consistently achieves at least ninety-nine percent (99%)

(two (2) logs) removal of Cryptosporidium oocysts or surrogate particles and at least ninety-nine and nine tenths percent (99.9%) (three (3) logs) removal or inactivation of Giardia lamblia cysts and ninety-nine and ninety-nine hundredths percent (99.99%) (four (4) logs) removal or inactivation of viruses; and(7-1-24)

(2)Meets the turbidity performance requirements of 40 CFR 141.73 (b).(7-1-24)

10. Pilot Studies. The PWS must conduct pilot studies in accordance with the following requirements and in accordance with Subsection 501.19 for all proposed filtration facilities and structural modifications to existing filtration facilities, unless the Department modifies the requirements in writing:(7-1-24)

a.The PWS must obtain the Department's approval of the pilot study plan before the pilot filter is constructed and before the pilot study is undertaken.(7-1-24)

b.The design and operation of the pilot study must be overseen by an Idaho licensed professional engineer.(7-1-24)

c.The PWS’s pilot study plan must identify at a minimum:(7-1-24)

i.The objectives of the pilot study;(7-1-24)

ii.Pilot filter design;(7-1-24)

iii.Water quality and operational parameters to monitor;(7-1-24)

iv.Amount of data to collect; and(7-1-24)

v.Qualifications of the pilot plant operator.(7-1-24)

d.The PWS must ensure that the pilot study is:(7-1-24)

i.Conducted to simulate conditions of the proposed full-scale design;(7-1-24)

ii.Conducted for at least twelve (12) consecutive months or for a shorter period upon approval by the Department;(7-1-24)

iii.Conducted to evaluate the reliability of the treatment system to achieve applicable water quality treatment criteria specified for filtration systems in 40 CFR 141.72 and 40 CFR 141.73; and(7-1-24)

iv.Designed and operated in accordance with good engineering practices documented in references acceptable to the Department.(7-1-24)

11. Redundant Disinfection. Surface water systems constructed after July 1, 1985, are required to install redundant disinfection components or maintain a backup unit on site as required to maintain constant application of disinfectant whenever water is being delivered to the distribution system.(7-1-24)

IDAPA 58.01.08.519 Surface Water Treatment; Microscreening

A microscreen may be used to reduce nuisance organisms and organic loadings. It may not be used in place of filtration or coagulation in the preparation of water for filtration.(7-1-24)

1. Design Considerations. The following must be taken into account during design:(7-1-24)

a.Nature of the suspended matter to be removed.(7-1-24)

b.Corrosiveness of the water.(7-1-24)

c.Effect of chlorination, when required as pre-treatment.(7-1-24)

d.Duplication of units for continuous operation during equipment maintenance.(7-1-24)

e.Automated backflushing operation when used in conjunction with microfiltration treatment.

2. Design Requirements. Design must provide the following:(7-1-24)

a.A durable, corrosion-resistant screen.(7-1-24)

b.A by-pass arrangement.(7-1-24)

c.Protection against back-siphonage when potable water is used for washing.(7-1-24)

d.Proper disposal of water used to wash the microscreen.(7-1-24)

IDAPA 58.01.08.520 Surface Water Treatment: Clarification Processes

Treatment facilities designed to include clarification for processing surface water must meet the following 01. Two Units Required. A minimum of two (2) units each must be provided for flocculation, sedimentation, and solids removal such that plant design capacity can be maintained with any component out of service for maintenance or repairs. Drains and pumps must be sized to allow dewatering in a reasonable period of time.(7-1-24)

2. Parallel or Serial Operation. The units must be capable of being operated either in series or parallel where softening is performed.(7-1-24)

3. Manual Start-Up. The units must be started manually following shutdown.(7-1-24)

4. Pre-Treatment. Waters exhibiting high turbidity may require pretreatment, usually sedimentation with or without the addition of coagulation chemicals. When presedimentation is provided, the following requirements must be met:(7-1-24)

a.Incoming water must be dispersed across the full width of the line of travel as quickly as possible.

Short circuiting must be prevented.(7-1-24)

b.Provisions for bypassing pre-sedimentation basins must be included.(7-1-24)

c.The need for redundant pretreatment components must be evaluated according to the type and necessity of the pretreatment.(7-1-24)

5. Rapid Mix. Unless otherwise approved by the Department, a rapid mix device or chamber is required prior to flocculation, clarification, sedimentation, and settler units. The need for redundant rapid mix components must be evaluated. Rapid mix is the rapid dispersion of chemicals throughout the water to be treated, usually by violent agitation. The engineer must submit the design basis for the velocity gradient (G value) selected, considering the chemicals to be added and water temperature, color and other related water quality parameters.

Basins or mixing chambers must be equipped with devices capable of providing adequate mixing for all treatment flow rates.(7-1-24)

6. Flocculation. Flocculation is the gathering together of fine particles in water by gentle mixing after the addition of coagulant chemicals to form larger particles and must include:(7-1-24)

a.Basin inlet and outlet design must minimize short-circuiting and destruction of floc. A drain, pumps, or a combination of both drain and pumps must be provided to accomplish dewatering and sludge removal.

b.The flow-through velocity must not be less than one-half (0.5) nor greater than one and one-half (1.5) feet per minute with a detention time for floc formation of at least thirty (30) minutes unless otherwise approved by the Department.(7-1-24)

c.Agitators must be driven by variable speed drives.(7-1-24)

d.Flocculation and sedimentation basins must be as close together as possible. The velocity of flocculated water through pipes or conduits to settling basins must be not less than one-half (0.5) nor greater than one and one-half (1.5) feet per second. Allowances must be made to minimize turbulence at bends and changes in direction.(7-1-24)

7. Small Systems May Use Baffling. Baffling may be used to provide for flocculation in small treatment plants upon approval by the Department.(7-1-24)

8. Sedimentation Units. The following criteria apply to conventional sedimentation units: (7-1-24)

a.A minimum of two (2) hours of settling time must be provided following flocculation unless adequate settling in less time can be demonstrated.(7-1-24)

b.Inlets must be designed to distribute the water equally and at uniform velocities.(7-1-24)

c.Outlet weirs or submerged orifices must maintain velocities suitable for settling in the basin and minimize short-circuiting. Outlet weirs must be designed so that the rate of flow over the outlet weirs or through the submerged orifices will not exceed twenty-thousand (20,000) gallons per day per foot of the outlet launder. The entrance velocity through the submerged orifices must not exceed one-half (0.5) feet per second.(7-1-24)

d.The velocity through settling basins must not exceed one-half (0.5) feet per minute. The basins must be designed to minimize short-circuiting. Fixed or adjustable baffles must be provided as necessary to achieve the maximum potential for clarification.(7-1-24)

e.When an overflow weir or pipe is provided the overflow must discharge by gravity with a free fall at a location where the discharge will be noted.(7-1-24)

f.Adequate sludge collection equipment that ensures proper basin coverage must be provided and basins must be provided with a means for dewatering.(7-1-24)

g.Flushing lines or hydrants must be provided and must be equipped with backflow prevention devices acceptable under Section 543.(7-1-24)

h.Sludge removal design must provide that sludge pipes are not less than three (3) inches in diameter and arranged so as to facilitate cleaning. Entrance to sludge withdrawal piping must be designed to prevent clogging.

Provision must be made for the operator to observe and sample sludge being withdrawn from the unit.(7-1-24)

i.Sludge must be disposed of in accordance with applicable regulations, as set forth in Section 540.

9. Solids Contact Clarifiers. Solids contact clarifiers are generally acceptable for combined softening and clarification where water characteristics, especially temperature, do not fluctuate rapidly, flow rates are uniform and operation is continuous. A minimum of two (2) units are required for surface water treatment as required in Subsection 520.01.(7-1-24)

a.Chemicals must be applied at such points and by such means as to ensure satisfactory mixing of the chemicals with the water.(7-1-24)

b.Unless otherwise approved by the Department, a rapid mix device or chamber ahead of the solids contact clarifier is required to assure proper mixing of the chemicals applied. Mixing devices employed must be constructed so as to provide good mixing of the raw water with previously formed sludge particles and prevent deposition of solids in the mixing zone.(7-1-24)

c.Flocculation equipment must be adjustable as to speed, pitch, or a combination of speed and pitch and must provide for coagulation in a separate chamber or baffled zone within the unit.(7-1-24)

d.Sludge removal design must provide that sludge pipes are not less than three (3) inches in diameter and arranged so as to facilitate cleaning. Entrance to sludge withdrawal piping must be designed to prevent clogging.

Provision must be made for the operator to observe and sample sludge being withdrawn from the unit.(7-1-24)

e.Blow-off outlets and drains must terminate and discharge at places acceptable to the Department in regard to control of potential cross connections. Cross connection control must be included for the potable water lines used to backflush sludge lines.(7-1-24)

f.The detention time must be established on the basis of the raw water characteristics and other local conditions that affect the operation of the unit. The Department may request data to support decisions made with respect to detention times.(7-1-24)

g.Controls for sludge withdrawal which minimize water losses must be provided.(7-1-24)

h.Unless otherwise approved by the Department, weirs must be adjustable and at least equivalent in length to the perimeter of the tank. Weir loading must not exceed ten (10) gallons per minute per foot of weir length for units used as clarifiers or twenty (20) gallons per minute per foot of weir length for units used for softening.

Where orifices are used, the loading rates per foot of launder rates must be equivalent to weir loadings. Either must produce uniform rising rates over the entire area of the tank.(7-1-24)

i.Upflow rates must not exceed one (1) gallon per minute per square foot of area at the sludge separation line for units used as clarifiers or one and three-quarters (1.75) gallons per minute per foot of area at the slurry separation line for units used as softeners. The Department may consider higher rates if supporting data is 10. Settler Units. Settler units consisting of variously shaped tubes or plates installed in multiple layers and at an angle to the flow may be used for sedimentation following flocculation.(7-1-24)

a.Inlets and outlets must be designed to maintain velocities suitable for settling in the basin and to minimize short-circuiting. Plate units must be designed to minimize unequal distribution across the units. (7-1-24)

b.Drain piping from the settler units must be sized to facilitate a quick flush of the settler units and to prevent flooding other portions of the plant.(7-1-24)

c.Although most units will be located within a plant, outdoor installations must provide sufficient freeboard above the top of settlers to prevent freezing in the units.(7-1-24)

d.Water must be applied to tube settlers at a maximum rate of two (2) gallons per minute per square foot of cross-sectional area for tube settlers, unless higher rates are justified through pilot plant or in-plant demonstration studies in accordance with Subsection 501.19.(7-1-24)

e.Water must be applied to plate settlers at a maximum plate loading rate of one-half (0.5) gallons per minute per square foot, based on eighty (80) percent of the projected horizontal plate area.(7-1-24)

f.Flushing lines must be provided to facilitate maintenance and must be properly protected against backflow or back siphonage.(7-1-24)

11. High Rate Clarification. High rate clarification processes may be approved upon demonstrating satisfactory performance under on-site pilot in accordance with Subsection 501.19 or documentation of full scale plant operation with similar raw water quality conditions. Reductions in detention times or increases in weir loading rates must be justified. Examples of such processes include dissolved air flotation, ballasted flocculation, contact flocculation/clarification, and helical upflow.(7-1-24)

IDAPA 58.01.08.521 Surface Water Treatment: Rapid Rate Gravity Filters

1. Pretreatment. The use of rapid rate gravity filters requires pretreatment in the form of coagulation, flocculation, and sedimentation.(7-1-24)

2. Rate of Filtration. The filter rate must be proposed and justified by the design engineer in the Department approved PER.(7-1-24)

3. Number of Units. A minimum of two (2) units for redundancy must be provided for filtration such that plant design capacity can be maintained with any component out of service for maintenance or repairs. Where declining rate filtration is provided, the variable aspect of filtration rates, and the number of filters must be considered when determining the design capacity for the filters.(7-1-24)

4. Structure and Hydraulics. The filter structure must be designed to provide for:(7-1-24)

a.There may be no protrusion of the vertical filter walls into the filter media.(7-1-24)

b.Cover by superstructure with sufficient headroom to permit normal inspection and operation.

c.Minimum depth of filter box of eight and one-half (8.5) feet.(7-1-24)

d.Minimum water depth over the surface of the filter media of three (3) feet.(7-1-24)

e.Trapped effluent to prevent backflow of air to the bottom of the filters.(7-1-24)

f.Prevention of floor drainage to the filter with a minimum four (4) inch curb around the filters.

g.Prevention of flooding by providing overflow.(7-1-24)

h.Maximum velocity of treated water entering the filters of two (2) feet per second.(7-1-24)

i.Cleanouts and straight alignment for influent pipes or conduits where solids loading is heavy, or following lime-soda softening.(7-1-24)

j.Washwater drain capacity to carry maximum flow.(7-1-24)

k.Walkways around filters to be not less than twenty-four (24) inches wide and equipped with safety handrails or walls.(7-1-24)

l.Construction so as to prevent cross connections and common walls between potable water and nonpotable fluids.(7-1-24)

5. Wash Water Troughs. Washwater troughs must be constructed to have:(7-1-24)

a.The bottom elevation above the maximum level of expanded media during washing.(7-1-24)

b.A two (2) inch freeboard at the maximum rate of wash.(7-1-24)

c.The top edge level and all at the same elevation.(7-1-24)

d.Spacing so that each trough serves the same number of square feet of filter area.(7-1-24)

e.Maximum horizontal travel of suspended particles to reach the trough not to exceed three (3) feet.

6. Filter Material. The media must be clean silica sand or other natural or synthetic media free from detrimental chemical or bacterial contaminants, approved by the Department, and having the following characteristics:(7-1-24)

a.A total depth of not less than twenty-four (24) inches and generally not more than thirty (30) inches.(7-1-24)

b.An effective size range of the smallest material no greater than forty-five hundredths (0.45) of a millimeter to fifty-five hundredths (0.55) of a millimeter.(7-1-24)

c.A uniformity coefficient of the smallest material not greater than one and sixty-five hundredths (1.65).(7-1-24)

d.A minimum of twelve (12) inches of media with an effective size range no greater than forty-five hundredths (0.45) of a millimeter to fifty-five hundredths (0.55) of a millimeter and a specific gravity greater than other filtering materials within the filter.(7-1-24)

e.Types of filter media are as follows:(7-1-24)

i.Clean, crushed anthracite or a combination of anthracite and other media may be considered on the basis of experimental data specific to the project. The anthracite must have the following characteristics: (7-1-24)

(1)Effective size of forty-five hundredths (0.45) of a millimeter to fifty-five hundredths (0.55) of a millimeter with uniformity coefficient not greater than sixty-five hundredths (1.65) when used alone.(7-1-24)

(2)Effective size of eight tenths (0.8) of a millimeter to one and two-tenths (1.2) millimeters with a uniformity coefficient not greater than one and eighty-five hundredths (1.85) when used as a cap.(7-1-24)

(3)Effective size for anthracite used as a single media on potable groundwater for iron and manganese removal only must be a maximum of eight tenths (0.8) of a millimeter (effective sizes greater than this may be approved based upon onsite pilot plant studies or other demonstration acceptable to the Department). See Subsection 501.19 for general information on conducting pilot studies.(7-1-24)

ii.Sand media must have the following characteristics:(7-1-24)

(1)Effective size of forty-five hundredths (0.45) of a millimeter to fifty-five hundredths (0.55) of a millimeter.(7-1-24)

(2)Uniformity coefficient of not greater than one and sixty-five hundredths (1.65).(7-1-24)

(3)Larger size sand media may be allowed by the Department where full-scale tests have demonstrated that treatment goals can be met under all conditions.(7-1-24)

iii.Granular activated carbon (GAC) as a single media may be considered for filtration only after pilot or full-scale testing and with prior approval of the Department in accordance with Subsection 501.19. The design must include the following:(7-1-24)

(1)The media must meet the basic specifications for filter media as given in Subsections 521.06.a. through d., except that larger size media may be allowed where full scale tests have demonstrated that treatment goals can be met under all conditions.(7-1-24)

(2)There must be a means for periodic treatment of filter material for control of bacterial and other growth.(7-1-24)

(3)Provisions must be made for frequent replacement or regeneration.(7-1-24)

iv.Other media will be considered based on experimental data and operating experience. (7-1-24)

v.A three (3) inch layer of torpedo sand must be used as a supporting media for filter sand where supporting gravel is used, and must have an effective size of eight-tenths (0.8) millimeters to two (2.0) millimeters, and a uniformity coefficient not greater than one and seven-tenths (1.7).(7-1-24)

vi.Gravel, when used as the supporting media, must consist of cleaned and washed, hard, durable, rounded silica particles and must not include flat or elongated particles. The coarsest gravel must be two and one-half (2.5) inches in size when the gravel rests directly on a lateral system and must extend above the top of the perforated laterals. Not less than four (4) layers of gravel must be provided in accordance with the size and depth distribution specified in the table below. Reduction of gravel depths and other size gradations may be considered upon justification to the Department when proprietary filter bottoms are specified.

7. Filter Bottoms and Strainer Systems. Departure from the standards set out in Subsection 521.07 may be acceptable for high rate filters and for proprietary bottoms. Porous plate bottoms must not be used where iron or manganese may clog them or with waters softened by lime. The design of manifold-type collection systems must:

a.Minimize loss of head in the manifold and laterals.(7-1-24)

b.Ensure even distribution of wash water and even rate of filtration over the entire area of the filter.

c.Provide the ratio of the area of the final openings of the strainer systems to the area of the filter at about three-thousandths (0.003),(7-1-24)

Size of GravelDepth 2 ½ to 1 ½ inches5 to 8 inches 1 ½ to ¾ inches3 to 5 inches ¾ to ½ inches3 to 5 inches ½ to 3/16 inches2 to 3 inches 3/16 to 3/32 inches2 to 3 inches

d.Provide the total cross-sectional area of the laterals at twice the total area of the final openings.

e.Provide the cross-sectional area of the manifold at one and one-half (1.5) to two (2) times the total area of the laterals.(7-1-24)

f.Lateral perforations without strainers must be directed downward.(7-1-24)

8. Surface or Subsurface Wash. Surface or subsurface wash facilities are required except for filters used exclusively for iron or manganese removal, and may be accomplished by a system of fixed nozzles or a revolving-type apparatus. All devices must be designed with:(7-1-24)

a.Provision for water pressures of at least forty-five (45) pounds per square inch.(7-1-24)

b.A properly installed vacuum breaker or other approved device to prevent back siphonage if connected to the treated water system.(7-1-24)

c.Rate of flow of two (2.0) gallons per minute per square foot of filter area with fixed nozzles or onehalf (0.5) gallon per minute per square foot with revolving arms.(7-1-24)

d.Air wash can be considered based on experimental data and operating experiences.(7-1-24)

9. Air Scouring. Air scouring can be considered in place of surface wash provided the following conditions are met:(7-1-24)

a.Air flow for air scouring the filter must be three (3) to five (5) standard cubic feet per minute square foot of filter area when the air is introduced in the underdrain; a lower air rate must be used when the air scour distribution system is placed above the underdrains.(7-1-24)

b.A method for avoiding excessive loss of the filter media during backwashing must be provided.

c.Air scouring must be followed by a fluidization wash sufficient to restratify the media. (7-1-24)

d.Air must be free from contamination.(7-1-24)

e.Air scour distribution systems must be placed below the media and supporting bed interface with the following exception: if placed at the interface the air scour nozzles must be designed to prevent media from clogging the nozzles or entering the air distribution system.(7-1-24)

f.Piping for the air distribution system must not be flexible hose which will collapse when not under air pressure and must not be a relatively soft material which may erode at the orifice opening with the passage of air at high velocity.(7-1-24)

g.Air delivery piping must not pass down through the filter media nor may there be any arrangement in the filter design which allows short circuiting between the applied unfiltered water and the filtered water. (7-1-24)

h.The backwash water delivery system must be capable of fifteen (15) gallons per minute per square foot of filter surface area (37 m/hr); however, when air scour is provided the backwash water rate must be variable and not exceed eight (8) gallons per minute per square foot (20 m/hr) unless operating experience shows that a higher rate is necessary to remove scoured particles from filter media surfaces.(7-1-24)

i.The filter underdrains must be designed to accommodate air scour piping when the piping is installed in the underdrain.(7-1-24)

10. Filter Appurtenances. The following must be provided for every filter:(7-1-24)

a.Influent and effluent sampling taps.(7-1-24)

b.A gauge capable of indicating loss of head.(7-1-24)

c.A meter indicating rate-of flow. A modified rate controller which limits the rate of filtration to a maximum rate may be used. However, equipment that simply maintains a constant water level on the filters is not acceptable, unless the rate of flow onto the filter is properly controlled. A pump or a flow meter in each filter effluent line may be used as the limiting device for the rate of filtration only if approved by the Department on a site-specific basis.(7-1-24)

11. Backwash. Provisions must be made for washing filters as follows:(7-1-24)

a.A minimum backwash rate such that a fifty (50) percent expansion of the filter bed is achieved.

b.Filtered water provided at the required rate by wash water tanks, a wash water pump, from the high service main, or a combination of these.(7-1-24)

c.Wash water pumps in duplicate unless an alternate means of obtaining wash water is available.

d.Not less than fifteen (15) minutes wash of one filter at the design rate of wash.(7-1-24)

e.A wash water regulator or valve on the main wash water line to obtain the desired rate of filter wash with the wash water valves on the individual filters open wide.(7-1-24)

f.A rate-of-flow indicator, preferably with a totalizer, on the main wash water line, located so that it can be easily read by the operator during the washing process.(7-1-24)

g.Design to prevent rapid changes in backwash water flow. Backwash must be operator initiated.

Automated systems must be operator adjustable.(7-1-24)

12. Roof Drainage. Roof drains must not discharge into the filters or basins and conduits preceding the filters.(7-1-24)

IDAPA 58.01.08.522 Surface Water Treatment: Filtration Using Diatomaceous Earth

The use of these filters may be considered for application to surface waters with low turbidity and low bacterial contamination, and may be used for iron removal for groundwaters providing the removal is effective and the water is of satisfactory sanitary quality before treatment.(7-1-24)

1. Conditions of Use. Diatomaceous earth filters are expressly excluded from consideration for the following conditions:(7-1-24)

a.Bacteria removal;(7-1-24)

b.Color removal;(7-1-24)

c.Turbidity removal where either the gross quantity of turbidity is high or the turbidity exhibits poor filterability characteristics; or(7-1-24)

d.Filtration of waters with high algae counts.(7-1-24)

2. Treated Water Storage. Treated water storage capacity in excess of normal requirements must be provided to allow operation of the filters at a uniform rate during all conditions of PWS demand at or below the approved filtration rate, and guarantee continuity of service during adverse raw water conditions without by-passing the system.(7-1-24)

3. Number of Units. A minimum of two (2) units for redundancy must be provided for filtration such that plant design capacity can be maintained with any component out of service for maintenance or repairs. (7-1-24)

4. Precoat. A uniform precoat must be applied hydraulically to each septum by introducing a slurry to the tank influent line and employing a filter-to-waste recirculation system.(7-1-24)

5. Body Feed. A body feed system to apply additional amounts of diatomaceous earth slurry during the filter run is required to avoid short filter runs or excessive head losses.(7-1-24)

a.The rate of body feed is dependent on raw water quality and characteristics and must be determined in the pilot plant study in accordance with Subsection 501.19.(7-1-24)

b.Continuous mixing of the body feed slurry is required.(7-1-24)

6. Filtration Requirements.(7-1-24)

a.Rate of filtration must be controlled by a positive means.(7-1-24)

b.Head loss must not exceed thirty (30) psi for pressure diatomaceous earth filters, or a vacuum of fifteen (15) inches of mercury for a vacuum system.(7-1-24)

c.A recirculation or holding pump must be employed to maintain differential pressure across the filter when the unit is not in operation in order to prevent the filter cake from dropping off the filter elements. A minimum recirculation rate of one-tenth (0.1) gallon per minute per square foot of filter area must be provided.

d.The septum or filter elements must be structurally capable of withstanding maximum pressure and velocity variations during filtration and backwash cycles, and must be spaced such that no less than one (1) inch is provided between elements or between any element and a wall.(7-1-24)

e.The filter influent must be designed to prevent scour of the diatomaceous earth from the filter element.(7-1-24)

7. Backwash. A satisfactory method to thoroughly remove and dispose of spent filter cake must be 08. Appurtenances. The following must be provided for every filter:(7-1-24)

a.Sampling taps for raw and filtered water.(7-1-24)

b.Loss of head or differential pressure gauge.(7-1-24)

c.Rate-of-flow indicator.(7-1-24)

d.A throttling valve used to reduce rates below normal during adverse raw water conditions. (7-1-24)

e.Evaluation of the need for body feed, recirculation, and any other pumps.(7-1-24)

f.Provisions for filtering to waste with appropriate measures for backflow prevention.(7-1-24)

9. Monitoring. A continuous monitoring turbidimeter with recorder is required on each filter effluent for plants treating surface water.(7-1-24)

IDAPA 58.01.08.523 Surface Water Treatment: Slow Sand Filtration

The use of slow sand filters requires prior engineering studies to demonstrate the adequacy and suitability of this method of filtration for the specific water supply. Slow Sand Filtration and Diatomaceous Earth Filtration for Small Water Systems, Manual of Design for Slow Sand Filtration, Slow Sand Filtration, and Recommended Operations and Optimization Goals, Slow Sand Filtration referenced in Subsection 002.02, may be used as guidance in design and operation of slow sand filtration facilities.(7-1-24)

1. Quality of Raw Water. Slow rate gravity filtration must be limited to waters having maximum turbidities of ten (10) nephelometric units and maximum color of fifteen (15) units; such turbidity must not be attributable to colloidal clay. Raw water quality data must include examinations for algae. For source water having variable turbidity, the potential use of a roughing filter or other pretreatment technology must be evaluated. The Department may allow the use of a pretreatment technology on raw waters that exceed the normal limits for turbidity and color, if it can demonstrated to the Department’s satisfaction that pretreatment will enable slow sand filtration to properly operate and comply with these Rules.(7-1-24)

2. Number of Units. A minimum of two (2) units for redundancy must be provided for filtration such that plant design capacity can be maintained with any component out of service for maintenance or repairs. The Department may allow a single bed filter if it can be demonstrated to the Department’s satisfaction that an alternative water source is available such that the PWS can provide plant design capacity with the filter taken out of service for maintenance and repairs.(7-1-24)

3. Structural Details and Hydraulics. Slow rate gravity filters must be designed to provide a cover, unless otherwise approved by the Department, headroom to permit normal movement by operating personnel for scraping and sand removal operations, adequate access hatches and access ports for handling of sand and for ventilation, filtration to waste, an overflow at the maximum filter water level, and protection from freezing. A permanent means of determining sand depth must be provided.(7-1-24)

4. Underdrains. Each filter unit must be equipped with a main drain and an adequate number of lateral underdrains to collect the filtered water. The underdrains must be so spaced that the maximum velocity of the water flow in the underdrain will not exceed three-fourths (0.75) feet per second. The maximum spacing of laterals is three (3) feet if pipe laterals are used.(7-1-24)

5. Filter Material. The following requirements apply:(7-1-24)

a.A minimum depth of thirty (30) inches of filter sand must be placed on graded gravel layers.

b.The effective size must be between fifteen hundredths (0.15) of a millimeter and thirty-five hundredths (0.35) of a millimeter. Larger sizes may be considered by the Department based on the results of a pilot study in accordance with Subsection 501.19.(7-1-24)

c.The uniformity coefficient must not exceed three point zero (3.0).(7-1-24)

d.The sand must be cleaned and washed free from foreign matter.(7-1-24)

e.The sand must be rebedded to the original minimum depth of thirty (30) inches when scraping has reduced the bed depth to no less than twenty-four (24) inches. Where sand is to be reused in order to provide biological seeding and shortening of the ripening process, rebedding must utilize a “throw over” technique whereby new sand is placed on the support gravel and existing sand is replaced on top of the new sand. The maximum filtration rate must not exceed zero point one (0.1) gallon per minute per square foot for each individual bed.

6. Filter Sand Support.(7-1-24)

a.A three (3)-inch layer of sand must be used as a supporting media for filter sand. The supporting sand must have an effective size of zero point eight (0.8) millimeters to two point zero (2.0) millimeters and a uniformity coefficient not greater than one point seven (1.7).(7-1-24)

b.Gravel must consist of cleaned and washed, hard, durable, rounded rock particles and may not include flat or elongated particles. The coarsest gravel must be two and one-half (2.5) inches in size when the gravel rests directly on a lateral system and must extend above the top of the perforated laterals. Not less than four (4) layers of gravel may be provided in accordance with the size and depth distribution specified in the table below. Reduction of gravel depths and other size gradations may be considered upon justification to the Department.

7. Depth of Water Over Filter Beds. The design must provide a depth of at least three (3) to six (6) feet of water over the sand. Influent water must not scour the sand surface.(7-1-24)

8. Control Appurtenances. Each filter must be equipped with a loss of head gauge, an orifice, Venturi meter, or other suitable means of discharge measurement installed on each filter to control the rate of filtration, and an effluent pipe designed to maintain the water level above the top of the filter sand. The effluent piping must not be directly interconnected with the other filter beds. A sample tap must be provided for each filter

bed.(7-1-24)

9. Ripening. Slow sand filters must be filtered-to-waste until they are biologically mature before being put into service following construction, scraping, re-sanding, or reopening after extended shutdown. The period of filter-to-waste must be as follows:(7-1-24)

a.Filters must be filtered-to-waste after scraping or cleaning until the effluent turbidity falls consistently below the pre-cleaning level, unless otherwise approved by the Department.(7-1-24)

b.Filters must be filtered-to-waste following construction, re-sanding, or extended shutdown based on project specific protocols approved by the Department and incorporated into a Department approved operation and maintenance manual. These protocols may be based on factors from standard literature such as those listed in Subsection 002.02 but typically include factors such as minimum filter-to-waste time periods, bacteriological testing, and effluent turbidity. Sampling results from the filter-to-waste period must be provided to the Department for review and the Department must provide authorization prior to restarting service to the public.(7-1-24)

10. Supernatant Drain Required. Filter beds must be equipped with a supernatant drain to allow for quick removal of water standing over sand that has become impermeable because it requires scraping or rebedding.

11. Filter Bed Control and Minimum Rate of Flow.

Each filter bed must be controlled separately and filters must be operated at a constant filtration rate with any changes made gradually. The minimum rate of filtration must be at least two hundredths (0.02) gallons per minute per square foot.(7-1-24)

IDAPA 58.01.08.524 Surface Water Treatment: Direct Filtration

Direct filtration, as used herein, refers to the filtration of a surface water following chemical coagulation and possibly flocculation but without prior settling. The nature of the treatment process will depend upon the raw water quality. A full scale direct filtration plant must not be constructed without prior pilot studies which are acceptable to the Department. In-plant demonstration studies are required where conventional treatment plants are converted to direct filtration. Where direct filtration is proposed, an engineering report must be submitted prior to conducting pilot plant or in-plant demonstration studies in accordance with Subsection 501.19.(7-1-24)

1. Filtration Requirements.(7-1-24)

Size of GravelDepth 2 1/2 to 1 1/2 inches5 to 8 inches 1 1/2 to 3/4 inches 3 to 5 inches 3/4 to 1/2 inches3 to 5 inches 1/2 to 3/16 inches2 to 3 inches 3/16 to 3/32 inches2 to 3 inches

a.Filters must be rapid rate gravity filters with dual or mixed media. The final filter design must be based on the pilot plant or in-plant demonstration studies, and all portions of Section 518 apply. Pressure filters or single media sand filters will not be used.(7-1-24)

b.A continuous recording turbidimeter must be installed on each filter effluent line and on the composite filter effluent line.(7-1-24)

c.Additional continuous monitoring equipment such as particle counting or streaming current metering to assist in control of coagulant dose may be required by the Department.(7-1-24)

2. Siting Requirements. The plant design and land ownership surrounding the plant must allow for modifications of the plant.(7-1-24)

3. Redundancy. A minimum of two (2) units must be provided for filtration such that plant capacity can be maintained with any component out of service for maintenance or repairs.(7-1-24)

IDAPA 58.01.08.525 Low Pressure Membrane Filtration

Low pressure filtration, as used herein, refers to microfiltration or ultrafiltration processes. Low pressure membrane systems can provide greater than 3-log removal of Giardia lamblia and Cryptosporidium, and ultrafiltration systems can also provide up to 2-log virus removal. The Department will determine maximum available removal credits for the specific membrane under consideration. The actual log removal credit that a low pressure membrane filtration system will receive is the lower of the values determined by the following: the removal efficiency demonstrated during challenge testing, or the maximum log removal that can be verified by direct integrity testing required during the course of normal operation. Membrane systems must contain sufficient design to allow for offline direct integrity testing of all units or modules at the required interval while retaining the capability to supply maximum day demand to the PWS. Membrane systems must have at least two (2) units unless it can be demonstrated to the satisfaction of the Department that a secondary source or treatment component can supply the required minimum plant design capacity.(7-1-24)

1. Membrane Selection and Design Considerations.(7-1-24)

a.Challenge testing involves seeding feed water with an organism or particulate and measuring the log reduction of the organism or particulate between the feed and filtrate. It is a one-time product-specific test event performed by an approved third party designed to demonstrate the removal ability of the membrane. Challenge testing must be conducted by the third party entity in general conformance with the USEPA Membrane Filtration Guidance Manual referenced in Subsection 002.02 (Membrane Filtration Guidance Manual). The challenge test report is to be submitted to the Department along with the PER for the project. The Department may accept another state’s challenge test report approval.(7-1-24)

b.A review of historical source water data must be conducted to determine the degree of pretreatment needed if any, the feasibility of membrane filtration, and an estimated cost of the system. At a minimum, the following parameters are to be investigated: Seasonal temperature and turbidity profiles, total organic loading, occurrence of algae, microbial activity, iron, manganese, and hardness levels, and any other inorganic or physical parameters determined to be necessary by the Department. The data will be used to determine anticipated fouling and scaling, backwash and cleaning cycles and regimens, acceptable trans-membrane pressure differentials, and design flux, especially during lowest anticipated water temperature.(7-1-24)

c.A pilot study must be conducted for a period that is determined by the design engineer and approved by the Department. The duration will include the season of lowest water temperatures and the season including the highest anticipated turbidity, algal bloom, TOC, and iron/manganese event or otherwise cover four seasons of source water quality conditions. The Department may approve a shorter duration proof pilot to verify design criteria that affect the reliable production capacity of the membrane system. The Department may approve the use of a full scale pilot study where the full scale facility will act as the pilot study. The Department may also waive the pilot study requirement. Proof pilot studies, full scale pilot studies, and the waiving of the pilot study requirement will only be approved in circumstances where source water conditions and fouling characteristics are already well understood. Such source waters include but are not limited to groundwater under the influence of surface water, waters with existing membrane plants, waters where sufficient pilot test data has already been generated, and extensively used or tested membrane products where production or test data on similar waters is available (i.e., same lake, reservoir, or same reach for stream sources). In addition to the requirements in Subsection 501.19, the pilot study must include:(7-1-24)

i.A means to identify the best membrane to use for the anticipated water quality;(7-1-24)

ii.Analysis of any need for pretreatment;(7-1-24)

iii.Range of anticipated flux rates;(7-1-24)

iv.Operating and transmembrane pressure;(7-1-24)

v.Fouling and scaling potential;(7-1-24)

vi.Backwash and recovery cleaning, cleaning processes, and intervals;(7-1-24)

vii.Efficiency and process mass balance;(7-1-24)

viii. Waste stream volume, characterization, and disposal method;(7-1-24)

ix.Turbidity; and(7-1-24)

x.Integrity testing results and procedures.(7-1-24)

2. Monitoring and Compliance Requirements for Membranes. PWSs that use low pressure membrane filtration must comply with the following requirements.(7-1-24)

a.Initial Start-Up.(7-1-24)

i.Notify the Department at least one (1) week in advance of the planned start-up date.(7-1-24)

ii.The design engineer will oversee start-up procedures.(7-1-24)

iii.All monitoring equipment will be calibrated prior to start-up.(7-1-24)

iv.The system must pass direct integrity testing prior to going on-line and producing water for distribution.(7-1-24)

v.A method for the disposal of start-up water needs to be approved by the Department prior to start-

up.(7-1-24)

b.Direct Integrity Testing.(7-1-24)

i.Testing must be conducted on each membrane skid in service at least daily for the first year of

ii.The test method used must have a resolution of three (3) μm or less for Cryptosporidium and Giardia lamblia removal credit.(7-1-24)

iii.The test method used must have sensitivity sufficient to verify the ability of the membrane filtration system to remove the constituent at a level commensurate with the credit awarded by the Department.(7-1-24)

(1)Formulae for sensitivity calculation for pressure-based tests are available in the Membrane Filtration Guidance Manual referenced in Subsection 002.02. The volumetric concentration factor used in the calculation may be either calculated or determined experimentally.(7-1-24)

(2)Formulae for sensitivity calculation for marker-based tests are available in the Membrane Filtration Guidance Manual referenced in Subsection 002.02.(7-1-24)

iv.A control limit must be established within the sensitivity limits of the direct integrity test that is indicative of an integral membrane unit capable of achieving the log removal credit awarded by the Department.

(1)If the direct integrity test results exceed the control limit for any membrane unit, that unit must be removed from service.(7-1-24)

(2)Any unit taken out of service for exceeding a direct integrity test control limit cannot be returned to service until repairs are confirmed by subsequent direct integrity test results that are within the control limit.

v.Direct integrity testing must be conducted on each membrane unit at a frequency of at least once per day that the unit is in operation. The Department may extend testing frequency up to a duration of once per week after one (1) year of daily testing showing a less than five percent (5%) testing failure rate for the previous year.

During weekly testing, if at any time the system fails more than two (2) direct integrity tests within a three (3) month period, the system must return to daily testing.(7-1-24)

c.Indirect Integrity Monitoring.(7-1-24)

i.Testing must be conducted on each membrane unit in service.(7-1-24)

ii.Continuous indirect integrity monitoring must be conducted using turbidity monitoring unless the Department approves an alternative method.(7-1-24)

iii.Continuous indirect integrity monitoring must be conducted at a frequency of at least one (1) reading every fifteen (15) minutes. The Department may allow a time delay in reporting compliance turbidity measurements if it can be demonstrated that elevated turbidity readings above fifteen hundredths (0.15) NTU immediately following direct integrity testing or maintenance are the result of factors related to entrained air or membrane wettability and are not related to membrane integrity.(7-1-24)

iv.If the continuous indirect integrity monitoring results exceed the specified control limit for any membrane unit for a period greater than fifteen (15) minutes (i.e., two (2) consecutive readings at fifteen (15) minute intervals), direct integrity testing must be immediately conducted on that unit.(7-1-24)

(1)The control limit for turbidity monitoring is fifteen hundredths (0.15) NTU.(7-1-24)

(2)Control limits for Department approved alternative methods will be established by the Department.

d.A project specific operation and maintenance manual must be provided as required in Subsection 501.12. See definition of Operation and Maintenance Manual in Section 003 for the typical contents of an operation and maintenance manual and the included operations plan. The operations plan in the operation and maintenance manual for membrane systems must include, but is not limited to the following information:(7-1-24)

i.Filtration:(7-1-24)

(1)Control of feed flow to the membrane system;(7-1-24)

(2)Measurement of inlet/outlet pressures and filtrate flows;(7-1-24)

(3)Measurement of transmembrane pressure changes during filter run; and(7-1-24)

(4)Feed flow control in response to temperature changes.(7-1-24)

ii.Membrane backwashing:(7-1-24)

(1)Programming automated frequency;(7-1-24)

(2)Proper backwash venting and disposal; see Section 540;(7-1-24)

(3)Appropriate backwash rate; and(7-1-24)

(4)Monitoring during return of filter to service.(7-1-24)

iii.Chemical cleaning:(7-1-24)

(1)Selection of proper chemical washing sequence;(7-1-24)

(2)Proper procedures for dilution of chemicals;(7-1-24)

(3)Monitoring of pH through chemical cleaning cycle;(7-1-24)

(4)Rinsing of membrane system following chemical clean; and(7-1-24)

(5)Return of filter to service.(7-1-24)

iv.Chemical feeders (in the case that chemical pretreatment is applied):(7-1-24)

(1)Calibration check;(7-1-24)

(2)Settings and adjustments (how they are made); and(7-1-24)

(3)Dilution of chemicals and polymers (proper procedures).(7-1-24)

v.Monitoring and observing operation:(7-1-24)

(1)Observation of feed water or pretreated water turbidity;(7-1-24)

(2)Observation of trans-membrane pressure increase between backwashes;(7-1-24)

(3)Filtered water turbidity;(7-1-24)

(4)Procedures to follow if turbidity breakthrough occurs.(7-1-24)

vi.Troubleshooting:(7-1-24)

(1)No raw water (feed water) flow to plant;(7-1-24)

(2)Can’t control rate of flow of water through equipment;(7-1-24)

(3)Valving configuration for direct flow and cross-flow operation modes;(7-1-24)

(4)Poor raw water quality (raw water quality falls outside the performance range of the equipment);

(5)Poor filtrate quality;(7-1-24)

(6)Failed membrane integrity test;(7-1-24)

(7)Low pump feed pressure;(7-1-24)

(8)Automatic operation (if provided) not functioning;(7-1-24)

(9)Filtered water turbidity too high;(7-1-24)

(10) Head loss builds up excessively rapidly;(7-1-24)

(11) Reduced flux;(7-1-24)

(12) Machine will not start and “Power On” indicator off;(7-1-24)

(13) Machine will not start and “Power On” indicator on;(7-1-24)

(14) Pump cavitation;(7-1-24)

(15) Valve stuck or won’t operate; and(7-1-24)

(16) No electric power.(7-1-24)

e.The sensitivity, resolution, and frequency of the direct integrity test proposed for use with the fullscale facility must be reported to the Department prior to initial operation. The following must be reported to the Department on a monthly basis:(7-1-24)

i.Any direct integrity test results exceeding the control limit, as well as the corrective action taken in response, must be reported to the Department within ten (10) days of the end of the monthly monitoring cycle on a Department reporting form. The form is available at www.deq.idaho.gov;(7-1-24)

ii.Any continuous indirect integrity monitoring results triggering direct integrity testing, as well as any corrective action taken in response, must be reported to the Department within ten (10) days of the end of the monthly monitoring cycle on a Department reporting form. The form is available at www.deq.idaho.gov; (7-1-24)

iii.Any additional information considered necessary by the Department on a case-specific basis to verify proper operation and maintenance of the membrane filtration process; and(7-1-24)

iv.All direct integrity test results and continuous indirect integrity monitoring results must be retained for a minimum of three (3) years.(7-1-24)

IDAPA 58.01.08.526 (Reserved)

IDAPA 58.01.08.529 Required Disinfection of Drinking Water, Ultraviolet Light

1. General.(7-1-24)

a.Ultraviolet (UV) light technology is a primary disinfectant typically used for Cryptosporidium, Giardia lamblia, and virus inactivation of both surface water and groundwater supplies. Reactor performance in terms of inactivation of any particular organism is a function of the delivered dose which is determined by validation testing. PWSs that are required to maintain a disinfectant residual in the distribution system must supplement UV disinfection with a chemical disinfectant.(7-1-24)

b.UV disinfection credit will be awarded for filtered PWSs and unfiltered PWSs if the unfiltered PWS meets the requirements in 40 CFR 141.71. PWSs will receive Cryptosporidium, Giardia lamblia, and virus treatment credits by achieving the corresponding UV dose values for the appropriate target pathogen and log reduction shown in Subsection 529.03, calculated to take into account the validation factor and reduction equivalent dose. The target pathogen and the target log inactivation is used to identify the corresponding required UV dose.

c.For PWSs using UV light to meet microbial treatment requirements, at least ninety-five percent (95%) of the water delivered to the public every month must be treated by UV reactors operating within validated conditions for the required UV dose.(7-1-24)

d.When reviewing proposed UV disinfection projects, the Department will use the USEPA UV Disinfection Guidance Manual for the Final Long Term 2 Enhanced Surface Water Treatment Rule referenced in Subsection 002.02 (UV Disinfection Guidance Manual) for guidance.(7-1-24)

2. Pilot Studies and Validation.(7-1-24)

a.The Department may allow on-site pilot studies on a case-by-case basis in accordance with Subsection 501.19. Pilot studies are usually used to determine how much fouling occurs on site, to evaluate UV system reliability (e.g. UV sensors, UV transmittance (UVT) monitors, ballast reliability) and to provide operators experience running a UV system. They may also be used to assess lamp aging or impacts of power quality. (7-1-24)

b.Validation testing determines the operating conditions and monitoring algorithms that the UV system will use to define how much UV dose is being delivered by the reactor during operation. The validated dose as determined through validation testing is compared to the required dose in the UV Dose Table (Subsection 529.03) to determine inactivation credit. The validated dose is calculated by dividing the determined reduction equivalent dose by a validation factor to account for biases and experimental uncertainty. UV light treatment reactors must be validated by a third party entity approved by the Department. At a minimum, validation testing must account for the following: UV absorbance of the water; lamp fouling and aging; measurement uncertainty of on-line UV sensors; UV dose distributions arising from the velocity profiles through the reactor; failure of UV lamps and other critical system components; inlet and outlet piping configuration of the UV reactor; lamp and UV sensor locations; and other parameters required by the Department. The Department may allow alternative test microbes such as MS2 phage where the UV dose response better matches that of Cryptosporidium and Giardia lamblia to provide more accurate and efficient UV dose monitoring. Additional guidance is available in the UV Disinfection Guidance Manual, referenced in Subsection 002.02, or another validation standard as approved by the Department.(7-1-24)

c.Validation testing must be conducted on full scale testing of a reactor that conforms uniformly to the UV reactors used by the PWS and inactivation of a test microorganism whose dose response characteristics have been quantified with a low pressure mercury vapor lamp.(7-1-24)

d.Validation testing must determine and establish validated operating conditions under which the reactor delivers the required UV dose in Subsection 529.03. Validated operating conditions include:(7-1-24)

i.Flow rate;(7-1-24)

ii.UV Intensity as measured by a UV sensor;(7-1-24)

iii.UV lamp operating status.(7-1-24)

e.The Department may approve an alternative approach to validation testing.(7-1-24)

3. UV Dose Table. The treatment credits listed in the dose table are based on UV light at a wavelength of two hundred fifty-four (254) nm as produced by a low pressure mercury vapor lamp. To receive treatment credit for other lamp types, the PWS must demonstrate an equivalent germicidal dose through validation testing.

UV Dose Table (millijoules per square centimeter)

LogCryptosporidiumGiardia lambliaVirus 0.51.61.539 1.02.52.158 1.53.93.079 2.05.85.2100 04. Reactor Design. Inlet and outlet conditions must ensure that UV dose delivery at the plant is equal to or exceeds that utilized during validation. At a minimum, design criteria need to address target pathogen(s), required log inactivation and UV dose, flow rate, UVT, and lamp aging and fouling factors. UVT and flow rate are to be selected to account for seasonal changes in UVT. Lamp aging and fouling factors must be supported by documentation or pilot study data. Recommended approaches of the UV Disinfection Guidance Manual, referenced in Subsection 002.02, are to be used in meeting this requirement.(7-1-24)

a.The reactor systems must be designed to monitor and record parameters to verify the operation within the validated operating conditions approved by the Department. The PWS must be equipped with facilities to monitor and record UV intensity as measured by a UV sensor, flow rate, lamp status, UVT, and other parameters designated by the Department.(7-1-24)

b.The ultraviolet treatment device must be designed to provide a UV light dose equal to or greater than that specified in the UV Dose Table for the required log reduction. The UV Disinfection Guidance Manual, referenced in Subsection 002.02, must be utilized in evaluating the appropriate dose required for the target microbe.

The reactor will need to deliver the target dose while operating within the validated operating conditions for that particular unit.(7-1-24)

c.The ultraviolet treatment assemblies must be designed to allow for cleaning and replacement of the lamp, lamp sleeves, and sensor window or lens.(7-1-24)

d.All ultraviolet treatment device designs must evaluate lamp fouling and aging issues and manufacturer’s recommendations regarding fouling, aging, and replacement will be discussed in the Operation and Maintenance Manual.(7-1-24)

e.For in-situ cleaning of the lamp sleeve, the design must protect the potable water from cleaning solutions.(7-1-24)

f.When off-line chemical cleaning systems are used, the UV enclosure must be removed from service, drained, flushed with an NSF/ANSI Standard 60 certified solution, drained, and rinsed before being placed back in service.(7-1-24)

g.On-line systems that use wipers or brushes may use chemical solutions provided they are NSF/ ANSI Standard 60 certified.(7-1-24)

h.An automatic shutdown valve must be installed in the water supply line from the ultraviolet treatment device such that if power is not provided to the reactor or valve, the valve will be in the closed position.

i.The design of the inlet and outlet piping configuration and the locations of expansions, bends, tees and valves will assure that the UV dose delivery is equal to or greater than the required UV dose. Approach length prior to each reactor included in the credited dose calculations, downstream length following each reactor, and locations of any cleaning device/mechanism must be based on validation testing.(7-1-24) 2.58.57.7121 3.01211143 3.51515163 4.02222186 UV Dose Table (millijoules per square centimeter)

LogCryptosporidiumGiardia lambliaVirus

j.For parallel trains, the flow to each reactor must be equally distributed and metered or otherwise account for uneven flows in the design to ensure that the required UV dose is delivered to each train under varying flow conditions.(7-1-24)

k.Valves must be provided to allow isolating and removing from service each UV reactor. (7-1-24)

l.Reactors will be provided with air relief and pressure control valves per manufacturer requirements.(7-1-24)

m.UVT analyzers must be provided if UVT is part of the dose monitoring strategy. It is recommended that UVT be monitored on a regular basis for all PWSs to assess UVT variability.(7-1-24)

n.A single train with a standby reactor or a sufficient number of parallel ultraviolet treatment devices must be installed to ensure that adequate disinfection is provided when one unit is out of service. The Department may approve an alternate method that provides adequate disinfection such as standby chlorination. Any PWS that produces water on an irregular schedule may provide documentation for the Department’s review and approval that a single reactor is an acceptable design by demonstrating there is adequate time for maintenance and cleaning during operation shutdowns.(7-1-24)

o.No bypass of the ultraviolet treatment process may be installed unless an alternate method of providing adequate disinfection is provided.(7-1-24)

5. Controls.(7-1-24)

a.A delay mechanism must be installed to provide sufficient lamp warm-up prior to allowing water to flow from the ultraviolet treatment unit.(7-1-24)

b.An automatic shutdown must be designed to activate the shutdown valve in cases where the ultraviolet light dose falls below the approved design dose or outside of the validated specifications.(7-1-24)

6. Reliability. The PWS must be capable of producing the plant design capacity at all times. (7-1-24)

a.Unless otherwise approved by the Department and in accordance with Subsection 529.04.n., a minimum of two (2) reactors is required to maintain disinfection when one unit is taken out of service. Each reactor must be sized to deliver the required UV dose under the operating conditions of flow and UVT that occur at the plant.

The conditions must fall within the validated range of the reactor as determined during validation testing. (7-1-24)

b.The quality and reliability of the power supply must be analyzed and back-up power supplies will be discussed in the contingency plan.(7-1-24)

c.If UVT is above the validated range of UVT, the UV dose monitoring algorithm must default to the maximum of the validated range. If UVT is below the validated range, the UV system operation must be recorded as outside of the validated operating conditions. When UVT falls outside of ranges identified in the validated operating conditions, the contingency plan will be enacted if UVT is part of the dose monitoring strategy.(7-1-24)

d.A contingency plan for total UV disinfection failure, loss of power, or in the event that water quality changes produce water quality unsuitable for UV disinfection must be described in the PER.(7-1-24)

7. Monitoring. PWSs using UV light must monitor for the parameters necessary to demonstrate operation within the validated conditions of the required UV dose. PWS owners must check the calibration of UV sensors and online UVT monitors and recalibrate in accordance with a protocol approved by the Department. At a minimum, the following parameters must be monitored:(7-1-24)

a.If the flow rate is below the validated range, then the UV dose monitoring algorithm must default to the validated range. If the flow rate is above the validated range, then the UV system operation will be recorded as outside of the validated operating conditions;(7-1-24)

b.UV intensity as measured by UV sensors;(7-1-24)

c.UVT if UVT is part of the dose monitoring strategy; and(7-1-24)

d.Lamp status.(7-1-24)

8. Alarms. The settings or predetermined set points for the alarms must be specified in the PER. The report must also specify the alarms that will activate the contingency plan response. At a minimum, the following alarms are required:(7-1-24)

a.Low UV intensity;(7-1-24)

b.High turbidity if required by the Department;(7-1-24)

c.Low UVT;(7-1-24)

d.Low UV dose;(7-1-24)

e.Lamp failure;(7-1-24)

f.UVT monitor failure;(7-1-24)

g.UV sensor failure;(7-1-24)

h.Low water level; and(7-1-24)

i.High flow rate.(7-1-24)

9. Initial Startup. The following items must be tested and verified before UV disinfected water is distributed:(7-1-24)

a.Electrical components;(7-1-24)

b.Water level;(7-1-24)

c.Flow split between reactor trains if applicable;(7-1-24)

d.Controls and alarms; and(7-1-24)

e.Instrument calibration.(7-1-24)

10. Operation and Maintenance Manual. A project specific operation and maintenance manual must be provided as required in Subsection 501.12. See definition of Operation and Maintenance Manual in Section 003 for the typical contents of an operation and maintenance manual and the included operations plan. The operations plan in the operation and maintenance manual must include, but is not limited to, the following information:

a.Lamp replacement intervals may be based on the degree of lamp aging as indicated by the UV sensors;(7-1-24)

b.Lamp fouling analysis and cleaning procedures;(7-1-24)

c.Lamp replacement; and(7-1-24)

d.Lamp breakage.(7-1-24)

IDAPA 58.01.08.530 Disinfection of Drinking Water, Disinfecting Agents

PWS owners may accomplish with gas and liquid chlorine, calcium or sodium hypochlorites, chlorine dioxide, ozone, or ultraviolet light. Other disinfecting agents will be considered, providing reliable application equipment is available and testing procedures for a residual are recognized in “Standard Methods for the Examination of Water and Wastewater,” referenced in Subsection 002.02, or an equivalent means of measuring effectiveness exists. The required amount of primary disinfection needed will be specified by the Department. Consideration must be given to the formation of disinfection by-products (DBP) when selecting the disinfectant. See Section 531, Design Standards for Chemical Application. For PWSs using only groundwater and that voluntarily chlorinate, see Subsection 552.04.

1. Chlorination.(7-1-24)

a.In addition to the requirements of Section 531, chlorination equipment must meet the following

i.Solution-feed gas chlorinators or hypochlorite feeders of the positive displacement type must be

ii.Standby or backup equipment of sufficient capacity will be available to replace the largest unit.

Spare parts will be on hand to replace parts subject to wear and breakage.(7-1-24)

iii.Automatic proportioning chlorinators are required where the rate of flow or chlorine demand is not reasonably constant.(7-1-24)

iv.Each eductor (submerged jet pump) must be selected for the point of application with particular attention given to the quantity of chlorine to be added, the maximum injector waterflow, the total discharge back pressure, the injector operating pressure, and the size of the chlorine solution line.(7-1-24)

v.The chlorine solution injector/diffuser must be compatible with the point of application to provide a rapid and thorough mix with all the water being treated.(7-1-24)

vi.Automatic switch-over of chlorination treatment units will be provided, where necessary, to assure continuous disinfection.(7-1-24)

b.Effective contact time and point of application requirements are as follows:(7-1-24)

i.Effective contact time sufficient to achieve the inactivation of target pathogens under the expected range of raw water pH and temperature variation must be demonstrated through tracer studies or other evaluations or calculations acceptable to the Department. Improving Clearwell Design for CT Compliance, referenced in Section 002.02, contains information that may be used as guidance for these calculations. Additional baffling can be added to new or existing basins to minimize short circuiting and increase contact time.(7-1-24)

ii.At least two (2) contactors must be provided which are each capable of providing the required effective contact time at one-half (1/2) of the plant design capacity. Alternatively, a single contactor that can provide effective contact time at plant design capacity may be designed with separate sections and bypass piping to allow sections to be cleaned or maintained individually during low flow conditions. Any PWS that produces water on an irregular schedule may provide documentation for the Department’s review and approval that a single contactor is an acceptable design by demonstrating there is adequate time for maintenance and cleaning during operation shutdowns.

iii.At plants treating surface water, except slow sand filtration systems: Unless otherwise approved by the Department, in addition to the injection point prior to the disinfection contact tank, injection points, including all appurtenant chemical feed piping, must also be provided for applying the disinfectant to the raw water, settled water, and water entering the distribution system.(7-1-24)

iv.For pipeline contactors, provision must be made to drain accumulated sediment from the bottom of the contactor if the discharge from the contactor is not located at the bottom.(7-1-24)

c.Chlorine residual test equipment recognized in the “Standard Methods for the Examination of Water and Wastewater,” referenced in Subsection 002.02, must be provided for use by the operator. All surface water treatment plants that serve a population greater that three thousand three hundred (3,300) must have equipment to measure chlorine residuals continuously entering the distribution system. A sample tap must be provided to measure chlorine residual and will be located at a point after receiving the required contact time and at or prior to the first service connection.(7-1-24)

d.Chlorinator piping requirements:(7-1-24)

i.The chlorinator water supply piping must be designed to prevent contamination of the treated water supply by sources of questionable quality. At all facilities treating surface water, pre- and post-chlorination systems must be independent to prevent possible siphoning of partially treated water into the clear well. The water supply to each eductor must have a separate shut-off valve. No master shut-off valve will be allowed.(7-1-24)

ii.The pipes carrying elemental liquid or dry gaseous chlorine under pressure must be Schedule 80 seamless steel tubing or other materials recommended by the Chlorine Institute (never use PVC). Rubber, PVC, polyethylene, or other materials recommended by the Chlorine Institute must be used for chlorine solution piping and fittings. Nylon products are not acceptable for any part of the chlorine solution piping system.(7-1-24)

2. Disinfection with Ozone. PWSs that are required to maintain a disinfectant residual in the distribution system must supplement ozone disinfection with a chemical disinfectant.(7-1-24)

a.The following are requirements for feed gas preparation:(7-1-24)

i.Feed gas can be air, oxygen enriched air, or high purity oxygen. Sources of high purity oxygen include purchased liquid oxygen conforming with AWWA Standard B-304; on site generation using cryogenic air separation; or temperature, pressure or vacuum swing (adsorptive separation) technology. In all cases, the design engineer must ensure that the maximum dew point of -76°F (-60°C) will not be exceeded at any time.(7-1-24)

ii.Air compression:(7-1-24)

(1)Air compressors will be of the liquid-ring or rotary lobe, oil-less, positive displacement type for smaller systems or dry rotary screw compressors for larger systems.(7-1-24)

(2)The air compressors will have the capacity to simultaneously provide for maximum ozone demand, provide the air flow required for purging the desiccant dryers (where required) and allow for standby capacity.

(3)Air feed for the compressor will be drawn from a point protected from rain, condensation, mist, fog and contaminated air sources to minimize moisture and hydrocarbon content of the air supply.(7-1-24)

(4)A compressed air after-cooler, entrainment separator, or a combination of the two (2) with automatic drain will be provided prior to the dryers to reduce the water vapor.(7-1-24)

(5)A back-up air compressor must be provided so that ozone generation is not interrupted in the event of a break-down.(7-1-24)

iii.Air drying:(7-1-24)

(1)Dry, dust-free and oil-free feed gas must be provided to the ozone generator. Dry gas is essential to prevent formation of nitric acid, to increase the efficiency of ozone generation and to prevent damage to the generator dielectrics. Sufficient drying to a maximum dew point of -76°F (-60°C) must be provided at the end of the drying cycle.(7-1-24)

(2)Drying for high pressure systems may be accomplished using heatless desiccant dryers only. For low pressure systems, a refrigeration air dryer in series with heat-reactivated desiccant dryers will be used. (7-1-24)

(3)A refrigeration dryer capable of reducing inlet air temperature to 40°F (4°C) will be provided for low pressure air preparation systems. The dryer can be of the compressed refrigerant type or chilled water type.

(4)For heat-reactivated desiccant dryers, the unit must contain two (2) desiccant filled towers complete with pressure relief valves, two (2) four-way valves and a heater. In addition, external type dryers must have a cooler unit and blowers. The size of the unit will be such that the specified dew point will be achieved during a minimum adsorption cycle time of sixteen (16) hours while operating at the maximum expected moisture loading conditions.(7-1-24)

(5)Multiple air dryers will be provided so that the ozone generation is not interrupted in the event of dryer breakdown.(7-1-24)

(6)Each dryer will be capable of venting “dry” gas to the atmosphere, prior to the ozone generator, to allow start-up when other dryers are “on-line.”(7-1-24)

iv.Air filters:(7-1-24)

(1)Air filters will be provided on the suction side of the air compressors, between the air compressors and the dryers and between the dryers and the ozone generators.(7-1-24)

(2)The filter before the desiccant dryers will be of the coalescing type and be capable of removing aerosol and particulates larger than 0.3 microns in diameter. The filter after the desiccant dryer will be of the particulate type and be capable of removing all particulates greater than 0.1 microns in diameter, or smaller if specified by the generator manufacturer.(7-1-24)

v.Piping in the air preparation system can be common grade steel, seamless copper, stainless steel or galvanized steel. The piping must be designed to withstand the maximum pressures in the air preparation system.

b.The following requirements apply to the ozone generator:(7-1-24)

i.Capacity.(7-1-24)

(1)The production rating of the ozone generators must be stated in pounds per day and kWhr per pound at a maximum cooling water temperature and maximum ozone concentration.(7-1-24)

(2)The design will ensure that the minimum concentration of ozone in the generator exit gas will not be less than one (1) percent (by weight).(7-1-24)

(3)Generators will be sized to have sufficient reserve capacity so that the PWS does not operate at peak capacity for extended periods of time resulting in premature breakdown of the dielectrics.(7-1-24)

(4)The production rate of ozone generators will decrease as the temperature of the coolant increases. If there is to be a variation in the supply temperature of the coolant throughout the year, then pertinent data will be used to determine production changes due to the temperature change of the supplied coolant. The design will ensure that the generators can produce the required ozone at maximum coolant temperature.(7-1-24)

(5)Appropriate ozone generator backup equipment must be provided.(7-1-24)

ii.The generators can be low, medium or high frequency type. Specifications will require that the transformers, electronic circuitry and other electrical hardware be proven, high quality components designed for ozone service.(7-1-24)

iii.Adequate cooling must be provided. The cooling water must be properly treated to minimize corrosion, scaling and microbiological fouling of the water side of the tubes. Where cooling water is treated, cross connection control must be provided to prevent contamination of the potable water supply.(7-1-24)

iv.To prevent corrosion, the ozone generator shell and tubes must be constructed of Type 316L stainless steel.(7-1-24)

c.The following requirements apply to ozone contactors:(7-1-24)

i.Bubble diffusers.(7-1-24)

(1)Where disinfection is the primary application, a minimum of two (2) contact chambers, each equipped with baffles to prevent short circuiting and induce countercurrent flow, will be provided. Ozone must be applied using porous-tube or dome diffusers.(7-1-24)

(2)The minimum contact time will be ten (10) minutes. A shorter contact time (CT) may be approved by the Department if justified by appropriate design and “CT” considerations.(7-1-24)

(3)Where taste and odor control is of concern, multiple application points and contactors will be considered.(7-1-24)

(4)Contactors will be separate closed vessels that have no common walls with adjacent rooms. The contactor must be kept under negative pressure and sufficient ozone monitors will be provided to protect worker safety.(7-1-24)

(5)Contact vessels can be made of reinforced concrete, stainless steel, fiberglass or other material which will be stable in the presence of residual ozone and ozone in the gas phase above the water level. If contact vessels are made of reinforced concrete, all reinforcement bars must be covered with a minimum of one and one-half (1.5) inches of concrete.(7-1-24)

(6)Where necessary, a system is to be provided between the contactor and the off-gas destruct unit to remove froth from the air and return the other to the contactor or other location acceptable to the Department. If foaming is expected to be excessive, then a potable water spray system must be placed in the contactor head space.

(7)All openings into the contactor for pipe connections, hatchways, etc. must be properly sealed using welds or ozone resistant gaskets such as Teflon or Hypalon.(7-1-24)

(8)Multiple sampling ports must be provided to enable sampling of each compartment's effluent water and to confirm “CT” calculations.(7-1-24)

(9)A pressure/vacuum relief valve must be provided in the contactor and piped to a location where there will be no damage to the destruction unit.(7-1-24)

(10) The depth of water in bubble diffuser contactors must be a minimum of eighteen (18) feet. The contactor must also have a minimum of three (3) feet of freeboard to allow for foaming.(7-1-24)

(11) All contactors will have provisions for cleaning, maintenance and drainage of the contactor. Each contactor compartment must also be equipped with an access hatchway.(7-1-24)

(12) Aeration diffusers must be fully serviceable by either cleaning or replacement.(7-1-24)

ii.Other contactors, such as the venturi or aspirating turbine mixer contactor, may be approved by the Department provided adequate ozone transfer is achieved and the required contact times and residuals can be met and verified.(7-1-24)

d.The following requirements apply to ozone destruction units:(7-1-24)

i.A system for treating the final off-gas from each contactor must be provided in order to meet safety and air quality standards. Acceptable systems include thermal destruction and thermal/catalytic destruction units.

ii.The maximum allowable ozone concentration in the discharge is 0.1 ppm (by volume). (7-1-24)

iii.At least two (2) units will be provided which are each capable of handling the entire gas flow.

iv.Exhaust blowers must be provided in order to draw off-gas from the contactor into the destruct unit.

v.Catalysts must be protected from froth, moisture and other impurities which may harm the catalyst.

vi.The catalyst and heating elements will be located where they can easily be reached for maintenance.(7-1-24)

e.Only low carbon 304L and 316L stainless steels may be used for ozone service with 316L preferred.(7-1-24)

f.The following requirements apply to joints and connections:(7-1-24)

i.Connections on piping used for ozone service are to be welded where possible.(7-1-24)

ii.Connections with meters, valves or other equipment are to be made with flanged joints with ozone resistant gaskets, such as Teflon or Hypalon. Screwed fittings may not be used because of their tendency to leak.

iii.A positive closing plug or butterfly valve plus a leak-proof check valve must be provided in the piping between the generator and the contactor to prevent moisture reaching the generator.(7-1-24)

g.The following instrumentation must be provided:(7-1-24)

i.Pressure gauges at the discharge from the air compressor, at the inlet to the refrigeration dryers, at the inlet and outlet of the desiccant dryers, at the inlet to the ozone generators and contactors, and at the inlet to the ozone destruction unit.(7-1-24)

ii.A trip which shuts down the generator when the wattage exceeds a certain preset level. (7-1-24)

iii.Dew point monitors for measuring the moisture of the feed gas from the desiccant dryers. Where there is potential for moisture entering the ozone generator from downstream of the unit or where moisture accumulation can occur in the generator during shutdown, post-generator dew point monitors must be used. (7-1-24)

iv.Air flow meters for measuring air flow from the desiccant dryers to each of the other ozone generators, air flow to each contactor, and purge air flow to the desiccant dryers.(7-1-24)

v.Temperature gauges for the inlet and outlet of the ozone cooling water and the inlet and outlet of the ozone generator feed gas and, if necessary, for the inlet and outlet of the ozone power supply cooling water.

vi.Water flow meters to monitor the flow of cooling water to the ozone generators and, if necessary, to the ozone power supply.(7-1-24)

vii.Ozone monitors to measure zone concentration in both the feed-gas and off-gas from the contactor and in the off-gas from the destruct unit. For disinfection systems, monitors for monitoring ozone residuals in the water. The number and location of ozone residual monitors must be such that the amount of time that the water is in contact with the ozone residual can be determined.(7-1-24)

viii. A minimum of one ambient ozone monitor installed in the vicinity of the contactor and a minimum of one installed in the vicinity of the generator. Ozone monitors must be installed in any areas where ozone gas may accumulate.(7-1-24)

h.Safety requirements are as follows:(7-1-24)

i.The maximum allowable ozone concentration in the air to which workers may be exposed must not exceed one-tenth part per million (0.1 ppm) by volume.(7-1-24)

ii.Noise levels resulting from the operating equipment of the ozonation system must be controlled to within acceptable limits by special room construction and equipment isolation.(7-1-24)

iii.PWS owners must provide emergency exhaust fans in the rooms containing the ozone generators to remove ozone gas if leakage occurs.(7-1-24)

iv.PWS owners must post a sign indicating “No smoking, oxygen in use” at all entrances to the treatment plant. In addition, no flammable or combustible materials may be stored within the oxygen generator areas.

3. Disinfection with Chlorine Dioxide. Chlorine dioxide may be considered as a primary and residual disinfectant, a pre-oxidant to control tastes and odors, to oxidize iron and manganese, and to control hydrogen sulfide and phenolic compounds. When choosing chlorine dioxide, consideration must be given to formation of the regulated by-products, chlorite and chlorate.(7-1-24)

a.Chlorine dioxide generation equipment must be factory assembled pre-engineered units with a minimum efficiency of ninety-five (95) percent. The excess free chlorine may not exceed three (3) percent of the theoretical stoichiometric concentration required.(7-1-24)

b.Other design requirements include:(7-1-24)

i.The design must comply with all applicable portions of Subsections 530.01.a. through 530.01.d.

ii.The maximum residual disinfectant level allowed is zero point eight (0.8) milligrams per liter (mg/ l), even for short term exposures.(7-1-24)

iii.Notification of a change in disinfection practices and the schedule for the changes must be made known to the public; particularly to hospitals, kidney dialysis facilities and fish breeders, as chlorine dioxide and its by-products may have effects similar to chloramines.(7-1-24)

4. Other Disinfecting Agents. Proposals for use of disinfecting agents other than those listed must be submitted to the Department for approval in the preliminary engineering report required under Section 503. (7-1-24)

IDAPA 58.01.08.531 Design Standards for Chemical Application

1. General Equipment Design. General equipment design must be such that:(7-1-24)

a.Feeders will be able to supply, at all times, the necessary amounts of chemicals at an accurate rate, throughout the range of feed.(7-1-24)

b.Chemical-contact materials and surfaces are resistant to the aggressiveness of the chemical solution.(7-1-24)

c.Corrosive chemicals are introduced in such a manner as to minimize potential for corrosion.

d.Chemicals that are incompatible are not stored or handled together. At facilities where more than one (1) chemical is stored or handled, tanks and pipelines must be clearly labeled to identify the chemical they contain.(7-1-24)

e.All chemicals are conducted from the feeder to the point of application in separate conduits.

f.Chemical feeders are as near as practical to the feed point.(7-1-24)

g.Chemical feeders and pumps must operate at no lower than twenty percent (20%) of the feed range unless two fully independent adjustment mechanisms such as pump pulse rate and stroke length are fitted, then the pump must operate at no lower than ten percent (10%) of the rated maximum.(7-1-24)

h.Spare parts must be on hand for parts of feeders that are subject to frequent wear and damage.

i.Redundant chemical feeders with automatic switchover must be provided when necessary to ensure adequate treatment. If the water treatment system includes at least two (2) process trains of equipment so that the plant design capacity can be maintained with any component out of service, redundant chemical feeders are not required on each process train.(7-1-24)

2. Facility Design.(7-1-24)

a.Where chemical feed is necessary for the protection of the supply, such as disinfection, coagulation or other essential processes, a minimum of two feeders must be provided and a separate feeder will be used for each chemical applied.(7-1-24)

b.Chemical application control systems must meet the following requirements:(7-1-24)

i.Feeders may be manually or automatically controlled, with automatic controls being designed so as to allow override by manual controls.(7-1-24)

ii.Chemical feeders will be energized by a flow sensing device so that injection of the chemicals will not continue when the flow of water stops.(7-1-24)

iii.Automatic proportioning chemical feeders are required where the rate of flow is not reasonably constant.(7-1-24)

iv.A means to measure water flow must be provided in order to determine chemical feed rates.

v.Provisions will be made for measuring the quantities of chemicals used.(7-1-24)

vi.Weighing scales will be provided for weighing cylinders at all plants utilizing chlorine gas, fluoride solution feed.(7-1-24)

vii.Weighing scales must be capable of providing reasonable precision in relation to average daily dose.(7-1-24)

viii. Where conditions warrant, for example with rapidly fluctuating intake turbidity, coagulant and coagulant aid addition may be made according to turbidity, streaming current or other sensed parameter. (7-1-24)

c.Dry chemical feeders will measure chemicals volumetrically or gravimetrically, provide adequate solution water and agitation of the chemical in the solution pot, and completely enclose chemicals to prevent emission of dust to the operating room.(7-1-24)

d.Positive displacement type solution feed pumps must be capable of operating at the required maximum head conditions found at the point of injection.(7-1-24)

e.Liquid chemical feeders must be such that chemical solutions cannot be siphoned or overfed into the water supply, by assuring discharge at a point of positive pressure, or providing vacuum relief, or providing a suitable air gap, or providing other suitable means or combinations as necessary.(7-1-24)

f.Cross connection control must be provided to assure that the following requirements are satisfied.

i.The service water lines discharging to solution tanks must be properly protected from backflow.

ii.No direct connection exists between any sewer and a drain or overflow from the feeder, solution chamber or tank by providing that all drains terminate at least six (6) inches or two pipe diameters, whichever is greater, above the overflow rim of a receiving sump, conduit or waste receptacle.(7-1-24)

g.Chemical feed equipment must be readily accessible for servicing, repair, and observation of

h.In-plant water supply for chemical mixing must be:(7-1-24)

i.Ample in quantity and adequate in pressure.(7-1-24)

ii.Provided with means for measurement when preparing specific solution concentrations by dilution.

iii.Properly treated for hardness, when necessary.(7-1-24)

iv.Properly protected against backflow.(7-1-24)

v.Obtained from a location sufficiently downstream of any chemical feed point to assure adequate mixing.(7-1-24)

i.Chemical storage facilities must satisfy the following requirements:(7-1-24)

i.Storage tanks and pipelines for liquid chemicals must be specified for use with individual chemicals and not used for different chemicals. Off-loading areas must be clearly labeled to prevent accidental crosscontamination.(7-1-24)

ii.Chemicals will be stored in covered or unopened shipping containers, unless the chemical is transferred into an approved storage unit.(7-1-24)

j.Bulk liquid storage tanks must comply with the following requirements:(7-1-24)

i.A means which is consistent with the nature of the chemical stored will be provided in a liquid storage tank to maintain a uniform strength of solution. Continuous agitation will be provided to maintain slurries in suspension.(7-1-24)

ii.Means will be provided to measure the liquid level in the tank.(7-1-24)

iii.Bulk liquid storage tanks will be kept covered. Bulk liquid storage tanks with access openings will have such openings curbed and fitted with overhanging covers.(7-1-24)

iv.Subsurface locations for bulk liquid storage tanks will be free from sources of possible contamination, and assure positive drainage for groundwaters, accumulated water, chemical spills and overflows.

v.Bulk liquid storage tanks will be vented, but may not vent through vents common with other chemicals or day tanks. Acid storage tanks must be vented to the outside atmosphere, but not through vents in common with other chemicals or day tanks.(7-1-24)

vi.Each bulk liquid storage tank will be provided with a valved drain, protected against backflow and cross-connections.(7-1-24)

vii.Bulk liquid storage tanks will have an overflow, when provided, that is turned downward with the end screened with a twenty-four (24) mesh or similar non-corrodible screen, have a free fall discharge, and be located where noticeable.(7-1-24)

viii. Where chemical feed is necessary for the protection of the supply, a means to assure continuity of chemical supply while servicing a bulk liquid storage tank will be provided.(7-1-24)

ix.Bulk liquid storage tanks will be provided with secondary containment so that chemicals from equipment failure, spillage, or accidental drainage will not enter the water in conduits, treatment, or storage basins. A common receiving basin may be provided for each group of compatible chemicals. The bulk liquid storage tank basin or the common receiving basin will provide a secondary containment volume sufficient to hold one hundred ten percent (110%) of the volume of the largest storage tank. Piping will be designed to minimize or contain chemical spills in the event of pipe ruptures.(7-1-24)

k.Day tanks will be provided where bulk storage of liquid chemical is provided. However, upon approval by the Department, chemicals may be fed directly from shipping containers no larger than fifty-five (55) gallons. For the purposes of Section 531, day tanks are defined as liquid chemical tanks holding no more than a thirty (30) hour chemical supply.(7-1-24)

i.Day tanks are subject to the requirements in Subsections 531.02.j.i. through 531.02.j.vii. except shipping containers do not require overflow pipe and drains.(7-1-24)

ii.Where feasible, secondary containment will be provided so that chemicals from equipment failure, spillage, or accidental drainage of day tanks will be fully contained. A common receiving basin may be provided for each group of compatible chemicals. The common receiving basin will provide a secondary containment volume sufficient to hold the volume of the largest storage tank. If secondary containment is not feasible, day tanks will be located and protective curbings provided so that chemicals from equipment failure, spillage, or accidental drainage of day tanks will not enter the water in conduits, treatment, or storage basins. Secondary containment is not required for a day tank if an Idaho licensed professional engineer demonstrates to the Department that the chemical concentration and volume, if spilled, will not be a safety hazard to employees, will not be hazardous to the public health, and will not harm the environment.(7-1-24)

iii.Day tanks and the tank refilling line entry points will be clearly labeled with the name of the chemical contained.(7-1-24)

iv.Filling of day tanks may not be automated unless otherwise approved by the Department. (7-1-24)

l.Provisions must be made for measuring quantities of chemicals used to prepare feed solutions.

m.Vents from feeders, storage facilities and equipment exhaust must discharge to the outside atmosphere above grade and remote from air intakes.(7-1-24)

3. Chemicals. Chemical shipping containers must be fully labeled to include chemical name, purity and concentration, supplier name and address, and evidence of ANSI/NSF certification where applicable. (7-1-24)

4. Safety Requirements for Chemical Facilities.(7-1-24)

a.The following requirements apply to chlorine gas feed and storage rooms:(7-1-24)

i.Each storage room will be enclosed and separated from other operating areas. They will be constructed in such a manner that all openings between the chlorine room and the remainder of the plant are sealed, and provided with doors equipped with panic hardware, assuring ready means of exit and opening outward only to the building exterior.(7-1-24)

ii.Each room will be provided with a shatter resistant inspection window installed in an interior wall.

iii.Each room will have a ventilating fan with a capacity which provides one (1) complete air change per minute when the room is occupied. Where this is not appropriate due to the size of the room, a lesser rate may be allowed by the Department on a site specific basis.(7-1-24)

iv.The ventilating fan will take suction near the floor as far as practical from the door and air inlet, with the point of discharge located as far away as possible from doors, air inlets to any rooms or structures, or occupied areas. Air inlets will be through louvers near the ceiling.(7-1-24)

v.Louvers for chlorine room air intake and exhaust will facilitate airtight closure.(7-1-24)

vi.Separate switches for the fan and lights will be located outside of the chlorine room and at the inspection window. Outside switches will be protected from vandalism. A signal light indicating fan operation will be provided at each entrance when the fan can be controlled from more than one (1) point.(7-1-24)

vii.Vents from feeders and storage will discharge to the outside atmosphere, above grade. (7-1-24)

viii. Where provided, floor drains will discharge to the outside of the building and will not be connected to any internal drainage systems or external drainage systems unless the external drainage systems drain to an approved discharge point.(7-1-24)

ix.Chlorinator rooms will be heated to sixty degrees Fahrenheit (60°F) and be protected from excessive heat. Cylinders and gas lines will be protected from temperatures above that of the feed equipment.

x.Pressurized chlorine feed lines may not carry chlorine gas beyond the chlorinator room. (7-1-24)

xi.Critical isolation valves will be conspicuously marked and access kept unobstructed.(7-1-24)

xii.All chlorine rooms, buildings, and areas will be posted with a prominent danger sign warning of the presence of chlorine.(7-1-24)

xiii. Full and empty cylinders of chlorine gas will be isolated from operating areas and stored in definitely assigned places away from elevators, stairs, or gangways. They will be restrained in position to prevent being knocked over or damaged by passing or falling objects. In addition, they will be stored in rooms separate from ammonia storage, out of direct sunlight, and at least twenty (20) feet from highly combustible materials. Cylinders may not be kept in unventilated enclosures such as lockers and cupboards.(7-1-24)

b.Where acids and caustics are used, they must be kept in closed corrosion-resistant shipping containers or storage units. Acids and caustics may not be handled in open vessels, but will be pumped in undiluted form from original containers through suitable hose to the point of treatment or to a covered day tank.(7-1-24)

c.Proposals for the storage and use of sodium chlorite must be approved by the Department prior to the preparation of final plans and specifications. Provisions must be made for proper storage and handling of sodium chlorite to eliminate any danger of fire or explosion associated with its oxidizing nature.(7-1-24)

i.Chlorite (sodium chlorite) will be stored by itself in a separate room. It must be stored away from organic materials. The storage structure will be constructed of noncombustible materials. If the storage structure must be located in an area where a fire may occur, water must be available to keep the sodium chlorite area cool enough to prevent heat-induced explosive decomposition of the chlorite.(7-1-24)

ii.Care will be taken to prevent spillage. An emergency plan of operation will be available for the clean up of any spillage. Storage drums will be thoroughly flushed prior to recycling or disposal.(7-1-24)

d.Where ammonium hydroxide is used, an exhaust fan must be installed to withdraw air from high points in the room and makeup air must be allowed to enter at a low point. The feed pump, regulators, and lines must be fitted with pressure relief vents discharging outside the building away from any air intake and with water purge lines leading back to the headspace of the bulk storage tank.(7-1-24)

e.Where anhydrous ammonia is used, the storage and feed systems (including heaters where required) must be enclosed and separated from other work areas and constructed of corrosion resistant materials.

i.Pressurized ammonia feed lines will be restricted to the ammonia room.(7-1-24)

ii.An emergency air exhaust system, as described in Subsection 531.04.a., but with an elevated intake, must be provided in the ammonia storage room.(7-1-24)

iii.Leak detection systems must be fitted in all areas through which ammonia is piped.(7-1-24)

iv.Special vacuum breaker/regulator provisions must be made to avoid potentially violent results of backflow of water into cylinders or storage tanks.(7-1-24)

v.Consideration must be given to the provision of an emergency gas scrubber capable of absorbing the entire contents of the largest ammonia storage unit whenever there is a risk to the public as a result of potential ammonia leaks.(7-1-24)

5. Operator Safety. The Idaho General Safety and Health Standards, referenced in Subsection 002.02, may be used as guidance in designing facilities to ensure the safety of operators. Facilities must meet applicable regulations from the Occupational Health and Safety Administration.(7-1-24)

6. Design Requirements for Specific Applications. In addition to Subsection 531.01 through 531.03, the following design requirements apply for the specific applications within Subsection 531.06 of this rule.

a.Positive displacement feeders will be provided for sodium chlorite used for chlorine dioxide generation. Tubing for conveying sodium chlorite or chlorine dioxide solutions must be Type 1 PVC, polyethylene or materials recommended by the manufacturer. Chemical feeders may be installed in chlorine rooms if sufficient space is provided. Otherwise, facilities meeting the requirements of chlorine rooms will be provided. Feed lines will be installed in a manner to prevent formation of gas pockets and will terminate at a point of positive pressure. Check valves will be provided to prevent the backflow of chlorine into the sodium chlorite line.(7-1-24)

b.Hypochlorite facilities must meet the following requirements:(7-1-24)

i.Hypochlorite will be stored in the original shipping containers or in hypochlorite compatible containers. Storage containers or tanks will be sited out of the sunlight in a cool and ventilated area.(7-1-24)

ii.Stored hypochlorite will be pumped undiluted to the point of addition. Where dilution is unavoidable, deionized or softened water will be used unless otherwise approved by the Department.(7-1-24)

iii.Storage areas, tanks, and pipe work will be designed to avoid the possibility of uncontrolled discharges and a sufficient amount of appropriately selected spill absorbent will be stored on-site.(7-1-24)

iv.Hypochlorite feeders will be positive displacement pumps with compatible materials for wetted surfaces.(7-1-24)

v.To avoid air locking in smaller installations, small diameter suction lines will be used with foot valves and degassing pump heads. In larger installations flooded suction will be used with pipe work arranged to ease escape of gas bubbles. Calibration tubes or mass flow monitors which allow for direct physical checking of actual feed rates will be fitted.(7-1-24)

vi.Injectors will be made removable for regular cleaning where hard water is to be treated. (7-1-24)

c.When ammonium sulfate is used, the tank and dosing equipment contact surfaces must be made of corrosion resistant non-metallic materials. Provision will be made for removal of the agitator after dissolving the solid. The tank will be fitted with a lid and vented outdoors. Injection of the solution will take place in the center of treated water flow at a location where there is high velocity movement.(7-1-24)

d.When aqua ammonia (ammonium hydroxide) is used, the feed pumps and storage will be enclosed and separated from other operating areas. The aqua ammonia room will be equipped as required for chlorinator rooms with the following changes:(7-1-24)

i.A corrosion resistant, closed, unpressurized tank will be used for bulk storage, vented through an inert liquid trap to a high point outside and an incompatible connector, or lockout provisions will be made to prevent accidental addition of other chemicals to the storage tank.(7-1-24)

ii.The storage tank will be designed to avoid conditions where temperature increases cause the ammonia vapor pressure over the aqua ammonia to exceed atmospheric pressure. This capability can be provided by cooling/refrigeration or diluting or mixing the contents with water without opening the system.(7-1-24)

iii.The aqua ammonia will be conveyed direct from storage to the treated water stream injector without the use of a carrier water stream unless the carrier stream is softened.(7-1-24)

iv.The point of delivery to the main water stream will be placed in a region of turbulent water flow.

v.Provisions will be made for easy access for removal of calcium scale deposits from the injector.

IDAPA 58.01.08.532 Design Standards for Softening

The softening process selected must be based upon the mineral qualities of the raw water and the desired finished water quality in conjunction with requirements for disposal of sludge or brine waste (see Section 540), cost of plant, cost of chemicals, and plant location. Applicability of the process chosen must be demonstrated.(7-1-24)

1. Lime or Lime-Soda Process. Rapid mix, flocculation, and sedimentation processes must meet the requirements of Section 520. In addition the following requirements must be met:(7-1-24)

a.When split treatment is used, an accurate means of measuring and splitting the flow must be

b.Rapid mix basins must provide not more than thirty (30) seconds detention time with adequate velocity gradients to keep the lime particles dispersed.(7-1-24)

c.Equipment for stabilization of water softened by the lime or lime-soda process is required, see Section 537.(7-1-24)

d.Mechanical sludge removal equipment will be provided in the sedimentation basin.(7-1-24)

e.Provisions must be included for proper disposal of softening sludges; see Section 540. (7-1-24)

f.The plant processes must be manually started following shut-down.(7-1-24)

2. Cation Exchange Process.(7-1-24)

a.Pre-treatment is required when the content of iron, manganese, or a combination of the two, is one milligram per liter (1 mg/L) or more.(7-1-24)

b.The units may be of pressure or gravity type, of either an upflow or downflow design. Automatic regeneration based on volume of water softened will be used unless manual regeneration is justified and is approved by the Department. A manual override will be provided on all automatic controls.(7-1-24)

c.Rate-of-flow controllers or the equivalent will be used to control the hydraulic loading of cation exchange units.(7-1-24)

d.The bottoms, strainer systems and support for the exchange resin will conform to the criteria provided for rapid rate gravity filters in Section 521.(7-1-24)

e.Backwash, rinse and air relief discharge pipes will be installed in such a manner as to prevent any possibility of back-siphonage.(7-1-24)

f.A bypass must be provided around softening units to produce a blended water of desirable hardness. Totalizing meters must be installed on the bypass line and on each softener unit. The bypass line must have a shutoff valve.(7-1-24)

g.When the applied water contains a chlorine residual, the cation exchange resin must be a type that is not damaged by residual chlorine.(7-1-24)

h.Smooth-nose sampling taps must be provided for the collection of representative samples. The taps will be located to provide for sampling of the softener influent, effluent, blended water, and on the brine tank discharge piping. The sampling taps for the blended water will be at least twenty (20) feet downstream from the point of blending. Petcocks are not acceptable as sampling taps.(7-1-24)

i.Brine and salt storage tanks must meet the following requirements:(7-1-24)

i.Salt dissolving or brine tanks and wet salt storage tanks must be covered and must be corrosionresistant.(7-1-24)

ii.The make-up water inlet must be protected from back-siphonage.(7-1-24)

iii.Wet salt storage basins must be equipped with manholes or hatchways for access and for direct dumping of salt from truck or rail car. Openings must be provided with raised curbs and watertight covers having overlapping edges similar to those required for finished water reservoirs.(7-1-24)

iv.Overflows, where provided, must be protected with twenty-four (24) mesh or similar noncorrodible screens, and must terminate with either a turned downed bend having a proper free fall discharge or a selfclosing flap valve.(7-1-24)

v.The salt will be supported on graduated layers of gravel placed over a brine collection system.

vi.Alternative designs which are conducive to frequent cleaning of the wet salt storage tank may be considered.(7-1-24)

vii.An eductor may be used to transfer brine from the brine tank to the softeners. If a pump is used, a brine measuring tank or means of metering will be provided to obtain the proper dilution.(7-1-24)

j.Suitable disposal must be provided for brine waste; see Section 540. Where the volume of spent brine must be reduced, consideration may be given to using a part of the spent liquid concentrate for a subsequent regeneration.(7-1-24)

k.Pipes and contact materials must be resistant to the aggressiveness of salt. Plastic and red brass are acceptable piping materials. Steel and concrete must be coated with a non-leaching protective coating which is compatible with salt and brine.(7-1-24)

l.Bagged salt and dry bulk salt storage will be enclosed and separated from other operating areas in order to prevent damage to equipment.(7-1-24)

IDAPA 58.01.08.533 Design Standards for Taste and Odor Control

Provision must be made for the control of taste and odor. Chemicals must be added sufficiently ahead of other treatment processes to assure adequate contact time for an effective and economical use of the chemicals. Where severe taste and odor problems are encountered, in-plant studies, pilot plant studies, or both in-plant and pilot plant studies may be required in accordance with Subsection 501.19.(7-1-24)

1. Chlorination. When using chlorination as a method of taste and odor control adequate contact time must be provided to complete the chemical reactions involved.(7-1-24)

2. Chlorine Dioxide. Provisions must be made for proper storing and handling of the sodium chlorite, so as to eliminate any danger of explosion.(7-1-24)

3. Powdered Activated Carbon.(7-1-24)

a.The PWS owner can add carbon as a pre-mixed slurry or by means of a dry-feed machine as long as the carbon is properly wetted.(7-1-24)

b.Continuous agitation or resuspension equipment is necessary to keep the carbon from depositing in the slurry storage tank.(7-1-24)

c.The PWS owner must provide for adequate dust control.(7-1-24)

d.The PWS owner must handle powdered activated carbon as a potentially combustible material.

4. Granular Activated Carbon. Replacement of anthracite with GAC may be considered as a control measure for geosmin and methylisoborneol (MIB) taste and odors from algae blooms in surface water applications.

Demonstration studies are required by the Department.(7-1-24)

5. Copper Sulfate and Other Copper Compounds. Continuous or periodic treatment of surface water with copper compounds to kill algae or other growths must be controlled to prevent copper in excess of one point zero (1.0) milligrams per liter as copper in the plant effluent or distribution system. Care must be taken to assure an even distribution of the chemical within the treatment area.(7-1-24)

6. Potassium Permanganate. Application of potassium permanganate may be considered, providing the treatment will be designed so that the products of the reaction are not visible in the finished water.(7-1-24)

7. Ozone. Ozonation may be used as a means of taste and odor control. Adequate contact time must be provided to complete the chemical reactions involved.(7-1-24)

8. Other Methods. Other methods of taste and odor control may be made only after pilot plant tests and approval of the Department.(7-1-24)

IDAPA 58.01.08.534 Aeration Processes

PWS owners that install aeration treatment are subject to IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho.” The PWS owner or the design engineer must contact one of the Department’s regional offices for information on obtaining a permit or an exemption for the emissions resulting from the aeration process. General information may be found on the Department website http://www.deq.idaho.gov.(7-1-24)

1. Natural Draft Aeration. Design must provide:(7-1-24)

a.Perforations in the distribution pan three sixteenths to one-half (3/16 – ½) inches in diameter, spaced one to three (1-3) inches on centers to maintain a six (6) inch water depth.(7-1-24)

b.Distribution of water uniformly over the top tray.(7-1-24)

c.Discharge through a series of three (3) or more trays with separation of trays not less than twelve (12) inches.(7-1-24)

d.Loading at a rate of one to five (1-5) gallons per minute for each square foot of total tray area.

e.Trays with slotted, heavy wire (1/2 inch openings) mesh or perforated bottoms.(7-1-24)

f.Construction of durable material resistant to aggressiveness of the water and dissolved gases.

g.Protection from insects by twenty-four (24) mesh or similar non-corrodible screen.(7-1-24)

2. Forced or Induced Draft Aeration. Design must provide:(7-1-24)

a.Include a blower with a weatherproof motor in a tight housing and screened enclosure. (7-1-24)

b.Ensure adequate counter current of air through the enclosed aerator column.(7-1-24)

c.Exhaust air directly to the outside atmosphere.(7-1-24)

d.Include a down-turned and twenty-four (24) mesh or similar non-corrodible screened air outlet and inlet.(7-1-24)

e.Be such that air introduced in the column will be as free from obnoxious fumes, dust, and dirt as possible.(7-1-24)

f.Be such that sections of the aerator can be easily reached or removed for maintenance of the interior or installed in a separate aerator room.(7-1-24)

g.Provide loading at a rate of one to five (1-5) gallons per minute for each square foot of total tray area.(7-1-24)

h.Ensure that the water outlet is adequately sealed to prevent unwarranted loss of air.(7-1-24)

i.Discharge through a series of five (5) or more trays with separation of trays not less than six (6) inches or as approved by the Department.(7-1-24)

j.Provide distribution of water uniformly over the top tray.(7-1-24)

k.Be of durable material resistant to the aggressiveness of the water and dissolved gases. (7-1-24)

3. Spray Aeration. Design must provide:(7-1-24)

a.A hydraulic head of between five (5) and twenty-five (25) feet.(7-1-24)

b.Nozzles, with the size, number, and spacing of the nozzles being dependent on the flowrate, space, and the amount of head available.(7-1-24)

c.Nozzle diameters in the range of one (1) to one and one-half (1.5) inches to minimize clogging.

d.An enclosed basin to contain the spray. Any openings for ventilation must be protected with a twenty-four (24) mesh or similar non-corrodible screen.(7-1-24)

4. Pressure Aeration. Pressure aeration may be used for oxidation purposes only if the pilot plant study indicates the method is applicable; it is not acceptable for removal of dissolved gases. Filters following pressure aeration must have adequate exhaust devices for release of air. Pressure aeration devices must be designed to give thorough mixing of compressed air with water being treated and provide twenty-four (24) mesh or similar noncorrodible screened and filtered air, free of obnoxious fumes, dust, dirt and other contaminants.(7-1-24)

5. Packed Tower Aeration. Packed tower aeration may be used for the removal of volatile organic chemicals, trihalomethanes, carbon dioxide, and radon. Final design must be based on the results of pilot studies and be approved by the Department.(7-1-24)

a.Process design criteria.(7-1-24)

i.Justification for the design parameters selected (i.e., height and diameter of unit, air to water ratio, packing depth, surface loading rate, etc.) must be provided to the Department for review. The pilot study must evaluate a variety of loading rates and air to water ratios at the peak contaminant concentration. Special consideration will be given to removal efficiencies when multiple contaminations occur. Where there is considerable past performance data on the contaminant to be treated and there is a concentration level similar to previous projects, the Department may approve the process design based on use of appropriate calculations without a pilot study. (7-1-24)

ii.The tower must be designed to reduce contaminants to below the maximum contaminant level and to the lowest practical level.(7-1-24)

iii.The type and size of the packing used in the full scale unit must be the same as that used in the pilot study.(7-1-24)

iv.The maximum air to water ratio for which credit will be given is 80:1.(7-1-24)

v.The design must consider potential fouling problems from calcium carbonate and iron precipitation and from bacterial growth. It may be necessary to provide pretreatment. Disinfection capability will be provided prior to and after packed tower aeration.(7-1-24)

vi.The effects of temperature must be considered.(7-1-24)

vii.Redundant packed tower aeration capacity at the design flowrate will be provided.(7-1-24)

b.The tower may be constructed of stainless steel, concrete, aluminum, fiberglass or plastic.

Uncoated carbon steel is not allowed. Towers constructed of light-weight materials must be provided with adequate support to prevent damage from wind. Packing materials must be resistant to the aggressiveness of the water, dissolved gases and cleaning materials and must be suitable for contact with potable water.(7-1-24)

c.Water flow system.(7-1-24)

i.Water must be distributed uniformly at the top of the tower using spray nozzles or orifice-type distributor trays that prevent short circuiting.(7-1-24)

ii.A mist eliminator must be provided above the water distributor system.(7-1-24)

iii.A side wiper redistribution ring must be provided at least every ten (10) feet in order to prevent water channeling along the tower wall and short circuiting.(7-1-24)

iv.Sample taps must be provided in the influent and effluent piping. The sample taps must satisfy the requirements of Subsection 501.09.(7-1-24)

v.The effluent sump, if provided, must have easy access for cleaning purposes and be equipped with a drain valve. The drain may not be connected directly to any storm or sanitary sewer.(7-1-24)

vi.The design must prevent freezing of the influent riser and effluent piping when the unit is not operating.(7-1-24)

vii.The water flow to each tower must be metered.(7-1-24)

viii. An overflow line must be provided which discharges twelve (12) to fourteen (14) inches above a splash pad or drainage inlet. Proper drainage must be provided to prevent flooding of the area.(7-1-24)

ix.Means must be provided to prevent flooding of the air blower.(7-1-24)

d.Air flow system.(7-1-24)

i.The air inlet to the blower and the tower discharge vent must be down-turned and protected with a non-corrodible twenty-four (24) mesh screen to prevent contamination from extraneous matter.(7-1-24)

ii.The air inlet must be in a protected location.(7-1-24)

iii.An air flow meter must be provided on the influent air line or an alternative method to determine the air flow will be provided.(7-1-24)

iv.A positive air flow sensing device and a pressure gauge must be installed on the air influent line.

The positive air flow sensing device must be a part of an automatic control system which will turn off the influent water if positive air flow is not detected. The pressure gauge will serve as an indicator of fouling buildup. (7-1-24)

v.A backup motor for the air blower must be readily available.(7-1-24)

e.Other features that must be provided:(7-1-24)

i.A sufficient number of access ports with a minimum diameter of twenty-four (24) inches to facilitate inspection, media replacement, media cleaning and maintenance of the interior.(7-1-24)

ii.A method of cleaning the packing material when iron, manganese, or calcium carbonate fouling may occur.(7-1-24)

iii.Tower effluent collection and pumping wells constructed to clearwell standards.(7-1-24)

iv.Provisions for extending the tower height without major reconstruction.(7-1-24)

v.No bypass may be provided unless specifically approved by the Department.(7-1-24)

vi.Disinfection and adequate contact time after the water has passed through the tower and prior to the distribution system.(7-1-24)

vii.Adequate packing support to allow free flow of water and to prevent deformation with deep packing heights.(7-1-24)

viii. Operation of the blower and disinfectant feeder equipment during power failures.(7-1-24)

ix.Adequate foundation to support the tower and lateral support to prevent overturning due to wind loading.(7-1-24)

x.Fencing and locking gate to prevent vandalism.(7-1-24)

xi.An access ladder with safety cage for inspection of the aerator including the exhaust port and demister.(7-1-24)

xii.Electrical interconnection between blower, disinfectant feeder and supply pump.(7-1-24)

6. Other Methods of Aeration. Other methods of aeration may be used if applicable to the treatment needs. Such methods include but are not restricted to spraying, diffused air, cascades and mechanical aeration. The treatment processes are subject to the approval of the Department.(7-1-24)

7. Protection of Aerators. All aerators except those discharging to lime softening or clarification plants must be protected from contamination by birds, insects, wind borne debris, rainfall and water draining off the exterior of the aerator.(7-1-24)

8. Disinfection. Groundwater supplies exposed to the atmosphere by aeration must receive disinfection as described in Section 530 as the minimum additional treatment.(7-1-24)

IDAPA 58.01.08.535 Design Standards for Iron and Manganese Control Systems

Iron and manganese control, as used herein, refers solely to treatment processes designed specifically for this purpose. The treatment process used will depend upon the character of the raw water. The selection of one (1) or more treatment processes must meet specific local conditions as determined by engineering investigations, including chemical analyses of representative samples of water to be treated, and receive the approval of the Department. The Department may require a pilot plant study in order to gather all information pertinent to the design in accordance with Subsection 501.19.(7-1-24)

1. Removal by Oxidation, Detention and Filtration.(7-1-24)

a.Oxidation may be by aeration or by chemical oxidation with chlorine, potassium permanganate, ozone or chlorine dioxide.(7-1-24)

b.Detention time:(7-1-24)

i.A minimum detention time of thirty (30) minutes must be provided following aeration to ensure that the oxidation reactions are as complete as possible. This minimum detention may be omitted only where a pilot plant study indicates no need for detention. The detention basin may be designed as a holding tank without provisions for sludge collection but with sufficient baffling to prevent short circuiting.(7-1-24)

ii.Sedimentation basins must be provided when treating water with high iron or manganese content, or where chemical coagulation is used to reduce the load on the filters. Provisions for sludge removal must be made.

c.Rapid rate pressure filters are normally used for iron and manganese removal. Pressure filters may not be used in the filtration of surface or other polluted waters or following lime-soda softening.(7-1-24)

i.The rate of filtration may not exceed three (3) gallons per minute per square foot of filter area except where in-plant testing as approved by the Department has demonstrated satisfactory results at higher rates.

ii.The filters must be designed to provide for:(7-1-24)

(1)Loss of head gauges on the inlet and outlet pipes of each battery of filters.(7-1-24)

(2)An easily readable meter or flow indicator on each battery of filters.(7-1-24)

(3)Filtration and backwashing of each filter individually with an arrangement of piping as simple as possible to accomplish these purposes.(7-1-24)

(4)Minimum side wall shell height of five (5) feet. A corresponding reduction in side wall height is acceptable where proprietary bottoms permit reduction of the gravel depth.(7-1-24)

(5)The top of the wash water collectors to be at least eighteen (18) inches above the surface of the media,(7-1-24)

(6)The underdrain system to efficiently collect the filtered water and to uniformly distribute the backwash water at a rate not less than fifteen (15) gallons per minute per square foot of filter area.(7-1-24)

(7)Backwash flow indicators and controls that are easily readable while operating the control valves.

(8)An air release valve on the highest point of each filter.(7-1-24)

(9)An accessible manhole to facilitate inspection and repairs for filters thirty-six (36) inches or more in diameter. Sufficient handholds will be provided for filters less than thirty-six (36) inches in diameter. (7-1-24)

(10) A means to observe the wastewater during backwashing and construction to prevent cross connection.(7-1-24)

2. Removal by Manganese Coated Media Filtration. This process consists of a continuous or batch feed of potassium permanganate to the influent of a manganese coated media filter.(7-1-24)

a.Other oxidizing agents or processes such as chlorination or aeration may be used prior to the permanganate feed to reduce the cost of the chemical.(7-1-24)

b.An anthracite media cap of at least six (6) inches or more as required by the Department must be provided over manganese coated media.(7-1-24)

c.Normal filtration rate must be three (3) gallons per minute per square foot.(7-1-24)

d.Normal wash rate will be eight (8) to ten (10) gallons per minute per square foot with manganese greensand and fifteen (15) to twenty (20) gallons per minute with manganese coated media.(7-1-24)

e.Sample taps must be provided prior to application of permanganate, immediately ahead of filtration, at points between the anthracite media, and at the filter effluent. The sample taps must satisfy the requirements of Subsection 501.09.(7-1-24)

3. Removal by Ion Exchange. This process is not acceptable where either the raw water or wash water contains dissolved oxygen or other oxidants.(7-1-24)

4. Biological Removal. Biofiltration to remove manganese, iron, or a combination of manganese and iron requires on-site piloting testing to establish effectiveness. The final filter design must be based on the on-site pilot plant studies.(7-1-24)

5. Sequestration by Polyphosphates. This process may not be used when iron, manganese or a combination thereof exceeds one point zero (1.0) mg/l. The total phosphate applied must not exceed ten (10) mg/l as PO . Where phosphate treatment is used, satisfactory chlorine residuals must be maintained in the distribution system. Possible adverse affects on corrosion must be addressed when phosphate addition is proposed for iron sequestering.(7-1-24)

a.Stock phosphate solution must be kept covered and disinfected by carrying approximately ten (10) mg/l free chlorine residual unless it is demonstrated to the satisfaction of the Department that the phosphate solution is not able to support bacterial growth and the phosphate solution is being fed from the covered shipping container or an approved disinfected tank. Phosphate solutions having a pH of two point zero (2.0) or less may also be exempted from this requirement by the Department.(7-1-24)

b.Polyphosphates may not be applied ahead of iron and manganese removal treatment. The point of application must be prior to any aeration, oxidation or disinfection if no iron or manganese removal treatment is 06. Sequestration by Sodium Silicates. Sodium silicate sequestration of iron and manganese is allowed only for groundwater supplies prior to air contact. On-site pilot studies are required to determine the suitability of sodium silicate for the particular water and the minimum feed needed. Rapid oxidation of the metal ions such as by chlorine or chlorine dioxide must accompany or closely precede the sodium silicate addition. (7-1-24)

a.Sodium silicate addition is applicable to waters containing up to two (2) mg/l of iron, manganese or combination thereof.(7-1-24)

b.Chlorine residuals must be maintained throughout the distribution system to prevent biological breakdown of the sequestered iron.(7-1-24)

c.The amount of silicate added must be limited to twenty (20) mg/l as SiO , but the amount of added and naturally occurring silicate may not exceed sixty (60) mg/l as SiO .(7-1-24)

d.Sodium silicate must not be applied ahead of iron or manganese removal treatment.(7-1-24)

7. Sampling Taps. Smooth-nosed sampling taps must be provided for control purposes. Taps will be located on each raw water source, each treatment unit influent and each treatment unit effluent. The sample taps must satisfy the requirements of Subsection 501.09.(7-1-24)

IDAPA 58.01.08.536 Design Standards for Fluoridation

1. Chemical Feed Equipment and Methods. In addition to the requirements in Section 531, fluoride feed equipment must meet the following requirements:(7-1-24)

a.Scales, loss-of-weight recorders or liquid level indicators, as appropriate, accurate to within five (5) percent of the average daily change in reading will be provided for chemical feeds.(7-1-24)

b.The accuracy of chemical feeders used for fluoridation will be plus or minus five (5) percent of the intended dose.(7-1-24)

c.Unsealed storage units for fluorosilicic acid will be vented to the atmosphere at a point outside any building.(7-1-24)

d.Fluoride compound may not be added before lime-soda softening or ion exchange softening.

e.The point of application of fluorosilicic acid, if into a horizontal pipe, will be in the lower half of the pipe.(7-1-24)

f.A fluoride solution will be applied by a positive displacement pump having a stroke rate not less than twenty (20) strokes per minute, and at a feed rate not less than twenty (20) percent of the rated capacity of the feed pump.(7-1-24)

g.A spring opposed diaphragm type anti-siphon device will be provided for all fluoride feed lines and dilution water lines.(7-1-24)

h.Except for constant flow systems, a device to measure the flow of water to be treated is required.

i.The dilution water pipe will terminate at least two (2) pipe diameters above the solution tank.

j.Water used for sodium fluoride dissolution will be softened if hardness exceeds seventy-five (75) mg/l as calcium carbonate.(7-1-24)

k.Fluoride solutions will be injected at a point of continuous positive pressure or a suitable air gap

l.The electrical outlet used for the fluoride feed pump will be interconnected with the well or service pump.(7-1-24)

m.Consideration will be given to providing a separate room for fluorosilicic acid storage and feed.

2. Secondary Controls. Secondary control systems for fluoride chemical feed devices must be provided as a means of reducing the possibility for overfeed; these may include flow or pressure switches or other devices.(7-1-24)

3. Dust Control. Provision must be made for the transfer of dry fluoride compounds from shipping containers to storage bins or hoppers in such a way as to minimize the quantity of fluoride dust which may enter the room in which the equipment is installed. The enclosure must be provided with an exhaust fan and dust filter which places the hopper under a negative pressure. Air exhausted from fluoride handling equipment must discharge through a dust filter to the outside atmosphere of the building.(7-1-24)

IDAPA 58.01.08.537 Design Standards for Stabilization

Water that is unstable due either to natural causes or to subsequent treatment must be stabilized. The expected treated water quality will be evaluated to determine what, if any, treatment is necessary.(7-1-24)

1. Carbon Dioxide Addition.(7-1-24)

a.Recarbonation basin design must provide the following:(7-1-24)

i.A total detention time of twenty (20) minutes.(7-1-24)

ii.A mixing compartment having a detention time of at least three (3) minutes.(7-1-24)

iii.A reaction compartment.(7-1-24)

iv.The mixing and reaction compartments will have a depth sufficient to provide a diffuser submergence of not less than seven and one-half (7.5) feet and no greater than the manufacturer’s recommendation.

b.Where liquid carbon dioxide is used, adequate precautions must be taken to prevent carbon dioxide from entering the plant from the recarbonation process.(7-1-24)

c.Recarbonation tanks must be located outside or be sealed and vented to the outside with adequate seals and adequate purge flow of air to ensure workers safety.(7-1-24)

d.Provisions must be made for draining the recarbonation basin and removing sludge.(7-1-24)

2. Phosphates. The feeding of phosphates may be used for sequestering calcium, for corrosion control, and in conjunction with alkali feed following ion exchange softening.(7-1-24)

a.Stock phosphate solution must be kept covered and disinfected by carrying approximately ten (10) mg/l free chlorine residual unless the phosphate is not able to support bacterial growth and the phosphate is being fed from the covered shipping container. Phosphate solutions having a pH of two point zero (2.0) or less are exempted from this requirement.(7-1-24)

b.Satisfactory chlorine residuals must be maintained in the distribution system when phosphates are used.(7-1-24)

3. Split Treatment. Raw water may be blended with lime-softened water to partially stabilize the water prior to secondary clarification and filtration. Treatment plants designed to utilize split treatment must also contain facilities for further stabilization by other methods.(7-1-24)

4. Water Unstable Due to Biochemical Action in Distribution System. Unstable water resulting from the bacterial decomposition of organic matter in water (especially in dead end mains), the biochemical action within tubercles, and the reduction of sulfates to sulfides must be prevented by the maintenance of a free or combined chlorine residual throughout the distribution system.(7-1-24)

IDAPA 58.01.08.538 (Reserved)

IDAPA 58.01.08.540 Design Standards for Treatment and Disposal of Treatment Plant Waste

RESIDUALS.

PWS owners must provide proper disposal of water treatment plant waste such as sanitary, laboratory, clarification sludge, softening sludge, iron sludge, filter backwash water, and liquid concentrates. In locating waste disposal facilities, due consideration must be given to preventing potential contamination of the water supply.(7-1-24)

1. Sanitary Waste. The sanitary waste from water treatment plants, pumping stations, and other waterworks installations must receive treatment. Waste from these facilities must be discharged directly to a sanitary sewer system, when available and feasible, or to an adequate on-site waste treatment facility approved under the provisions of IDAPA 58.01.03, “Individual/Subsurface Sewage Disposal Rules.”(7-1-24)

2. Liquid Concentrates.(7-1-24)

a.Waste from ion exchange plants, demineralization plants, reverse osmosis, on-site chlorine generators, red water filters, or other plants which produce liquid concentrates may be disposed of by the following methods:(7-1-24)

i.Liquid concentrates that contain radionuclides must be further treated to remove the radioactive constituents as sludge. See Subsection 540.03.e. for disposal requirements for sludge that contains radionuclides. The residual liquids from which radionuclides have been removed may be disposed of in accordance with Subsections 540.02.a.ii. through 540.02.a.iv.(7-1-24)

ii.Controlled discharge to a stream or other receiving water body if a surface water discharge permit has been issued by the applicable permitting authority and limits and conditions of discharge permit can be reasonably met.(7-1-24)

iii.Liquid concentrates may be discharged to a sanitary sewer, if available and feasible. Acceptance of such waste must be approved by the sewer authority.(7-1-24)

iv.Subsurface disposal, land application, or total containment lagoons may be considered for liquid concentrate when in compliance with IDAPA 58.01.16, “Wastewater Rules.” Untreated liquid concentrates may not be permitted for subsurface or land application unless otherwise approved by the Department and in accordance with IDAPA 58.01.03, “Individual/Subsurface Sewage Disposal Rules” for subsurface disposal or IDAPA 58.01.17, “Recycled Water Rules” for land application.(7-1-24)

b.If the nature of the liquid concentrate causes it to be ineligible for permitted discharge as described in Subsection 540.02.a., further onsite treatment of the liquid concentrate may be required in order to produce sludge and liquid waste that will meet the permit criteria for one (1) or more of the disposal options.(7-1-24)

c.If sand filters are used to treat the waste filter wash water, red water, from iron and manganese removal plants, they must have the following features:(7-1-24)

i.Total filter area sufficient to adequately dewater applied solids. Unless the filter is small enough to be cleaned and returned to service in one (1) day, two (2) or more cells are required.(7-1-24)

ii.Sufficient capacity to contain, above the level of the sand, the entire volume of wash water produced by washing all of the production filters in the plant, unless the production filters are washed on a rotating schedule and the flow through the production filters is regulated by true rate of flow controllers. Sufficient volume will be provided to dispose of the wash water involved.(7-1-24)

iii.Provisions for covering the filters during winter months where freezing is a problem.(7-1-24)

3. Sludge Waste. Sludge is the solid waste resulting from coagulation, precipitation, or passive settling of liquid concentrates. Depending on composition, liquids remaining after sludge removal may be disposed of by methods described in Subsection 540.02, recycled through the treatment plant, or may be pure enough to be unregulated. The following methods of treatment and disposal apply to sludge:(7-1-24)

a.Precipitative Softening Sludge.(7-1-24)

i.At least two (2) temporary storage lagoons must be provided in order to give flexibility in operation. Provisions must be made for convenient cleaning. An acceptable means of final sludge disposal must be

ii.Liquid or dewatered precipitative softening sludge may be applied to farm land if heavy metals or other contaminants do not exceed the requirements of IDAPA 58.01.02, “Water Quality Standards.”(7-1-24)

iii.Dewatered precipitative softening sludge may be disposed of in a sanitary landfill in accordance with the requirements of IDAPA 58.01.06, “Solid Waste Management Rules.” Acceptance of such waste is at the discretion of the landfill authority.(7-1-24)

b.Alum or Ferric Sludge.(7-1-24)

i.Temporary storage lagoons must contain at least two (2) compartments to facilitate independent filling and dewatering operations. Mechanical concentration may be considered. If mechanical dewatering is used, it must be preceded by sludge concentration and chemical pre-treatment. A pilot plant study is required before the design of a mechanical dewatering installation in accordance with Subsection 501.19.(7-1-24)

ii.Alum or ferric sludge may be discharged to a sanitary sewer if available and feasible. Acceptance of such waste must be approved by the sewer authority.(7-1-24)

iii.Dewatered alum or ferric sludge may be disposed of in a sanitary landfill in accordance with the requirements of IDAPA 58.01.06, “Solid Waste Management Rules.” Acceptance of such waste is at the discretion of the landfill authority.(7-1-24)

iv.Alum or ferric sludge may be disposed of by land application if the permitting requirements of IDAPA 58.01.02, “Water Quality Standards,” and IDAPA 58.01.17, “Recycled Water Rules,” are met.(7-1-24)

v.Water removed from alum or ferric sludge may be disposed of in the same manner as liquid concentrates, as described in Subsection 540.02.(7-1-24)

c.Filter Backwash Sludge.(7-1-24)

i.Recycling is permitted if the backwash waters are returned to the head of the treatment plant or another entry point if supported by engineering studies. Backwash water will be held for a sufficient time prior to recycling to allow solids to settle out.(7-1-24)

ii.Dewatered sludge from backwash water clarification processes may be disposed of in a sanitary landfill in accordance with the requirements of IDAPA 58.01.06, “Solid Waste Management Rules.” Acceptance of such waste must be approved by the landfill authority.(7-1-24)

d.Waste residuals containing radioactive substances, including, but not limited to granular activated carbon used for radon removal or ion-exchange regeneration waste from uranium removal, must be disposed of in accordance with IDAPA 58.01.10, “Rules Regulating the Disposal of Radioactive Materials Not Regulated Under The Atomic Energy Act of 1954, As Amended.”(7-1-24)

i.The buildup of radioactive materials such as uranium or radon and its decay products must be considered and adequate shielding and safeguards will be provided for operators and visitors.(7-1-24)

ii.Waste residuals containing naturally occurring radioactive materials that have been concentrated by human activities must be disposed of in an approved hazardous waste landfill (Class D), in accordance with the IDAPA 58.01.10, “Rules Regulating the Disposal of Radioactive Materials not Regulated Under the Atomic Energy Act of 1954, as Amended,” and IDAPA 58.01.06, “Solid Waste Management Rules.”(7-1-24)

iii.Waste residuals containing greater than point zero five (.05) percent by weight of uranium are subject to licensing and disposal under the regulations of the U.S. Nuclear Regulatory Commission, Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, TX 76011, Phone 817-860-8299.(7-1-24)

e.Solid waste residuals containing arsenic at a concentration less than five (5) mg/l may be disposed of at a sanitary landfill if permitted under IDAPA 58.01.06, “Solid Waste Management Rules.” Solid waste containing arsenic at a concentration greater than five (5) mg/l must be disposed of at an approved hazardous waste landfill. Liquid wastes generated by arsenic treatment processes are subject to the handling and disposal requirements for liquid concentrates, as discussed under Subsection 540.02.(7-1-24)

4. Spent Media. Exhausted ion exchange media, adsorption media, disposable filters, and other components of treatment processes that contain concentrated contaminants must be disposed of in accordance with IDAPA 58.01.06, “Solid Waste Management Rules,” or IDAPA 58.01.10, “Rules Regulating the Disposal of Radioactive Materials not Regulated Under the Atomic Energy Act of 1954, as Amended.”(7-1-24)

IDAPA 58.01.08.541 Pumping Facilities

Pumping facilities must be designed to maintain the sanitary quality of pumped water.(7-1-24)

1. Pump Houses. Unless otherwise approved by the Department, pump house components must be located above-grade. The following requirements apply to pump houses as defined in Section 003 unless it can be shown that some or all of these requirements are not needed to protect the combination of system components in a given structure:(7-1-24)

a.Pump houses must be readily accessible for operation, maintenance, and repair at all times and under all weather conditions unless permitted to be out of service for a period of inaccessibility.(7-1-24)

b.Pump houses must be protected from flooding and must be adequately drained. The ground surface will be graded so as to lead surface drainage away from the pump house. Unless otherwise approved by the Department, the floor surface will be at least six (6) inches above the final ground surface and pump house components will be located at least six (6) inches above the floor surface.(7-1-24)

c.Pump houses must be of durable construction, fire and weather resistant, and with outward-opening doors. All underground structures must be waterproofed.(7-1-24)

d.Provisions must be made for adequate heating for the comfort of the operator and the safe and efficient operation of the equipment. In pump houses not occupied by personnel, only enough heat need be provided to prevent freezing of equipment or treatment processes.(7-1-24)

e.Ventilation must conform to existing local and state codes. Adequate ventilation will be provided for all pumping stations for operator comfort and dissipation of excess heat and moisture from the equipment. In all cases, measures must be taken to minimize corrosion of metallic and electrical components.(7-1-24)

f.Pump houses must be provided with a locking door or access to prohibit unauthorized entrance and must be protected to prevent vandalism and entrance by animals. Plans and specifications for pump houses must provide enough detail to enable the Department to determine that the facility is secure, safe, accessible, and that it conforms to electrical and plumbing codes.(7-1-24)

g.Pump houses must be kept clean and in good repair and may not be used to store toxic or hazardous materials other than those materials required for treatment processes.(7-1-24)

h.A suitable outlet must be provided for drainage from pump glands without discharging onto the floor.(7-1-24)

i.Floor drains may not be connected to sewers, storm drains, chlorination room drains, or any other source of contamination unless otherwise approved by the Department. Gas chlorination room drains may not be connected to any other drainage system and must terminate in a properly located below ground sump. Sumps for pump house floor drains may not be closer than thirty (30) feet from any well.(7-1-24)

j.Adequate space must be provided for the installation of potential additional units and for the safe and efficient servicing of all equipment.(7-1-24)

k.Suction basins must be watertight, have floors sloped to permit removal of water and settled solids, be covered or otherwise protected against contamination, and have two (2) pumping compartments or other means to allow the suction basin to be taken out of service for inspection maintenance or repair.(7-1-24)

l.Pump houses must be designed to allow efficient equipment servicing. Crane ways, hoist beams, eye bolts, or other adequate facilities for servicing or removal of pumps, motors or other heavy equipment will be provided. Openings in floors, roofs or wherever else must be provided as needed for removal of heavy or bulky equipment.(7-1-24)

m.All remote controlled stations must be electrically operated and controlled and have signaling apparatus of proven performance. Signaling apparatus must report automatically when the station is out of service.

n.Any threaded hose bib installed in the pump house must be equipped with an appropriate backflow prevention device.(7-1-24)

2. Pumping Units. At least two (2) pumping units must be provided for raw water and surface source pumps. Pumps using seals containing mercury may not be used in PWS facilities. With any pump out of service, the remaining pump or pumps must be capable of providing the peak hour demand of the PWS or a minimum of the maximum day demand plus equalization storage. See Subsection 501.18 for general design requirements concerning fire flow capacity and Subsection 501.07 regarding reliability and emergency operation. The pumping units must meet the following requirements:(7-1-24)

a.The pumps have ample capacity to supply the maximum demand against the required pressure without dangerous overloading.(7-1-24)

b.The pumps are driven by prime movers able to meet the maximum horsepower condition of the pumps.(7-1-24)

c.The pumps are provided with readily available spare parts and tools.(7-1-24)

d.The pumps are to be served by control equipment that has proper heater and overload protection for air temperature encountered.(7-1-24)

e.Suction lift is avoided if possible. When suction lift is used, it must be within the limits allowed by the manufacturer of the pumps, and provision will be made for priming the pumps.(7-1-24)

f.Prime water must not be of lesser sanitary quality than that of the water being pumped. Means will be provided to prevent either backpressure or back-siphonage backflow. When an air-operated ejector is used, the twenty-four (24) mesh or similar non-corrodible screened intake will draw clean air from a point at least ten (10) feet above the ground or other source of possible contamination, unless the air is filtered by an apparatus approved by the Department. Vacuum priming may be used.(7-1-24)

3. Appurtenances. The following appurtenances must be provided for all water pumps. Additional requirements specific to well pumps are provided in Section 511.(7-1-24)

a.Pumps must be protected against freezing and valved to permit satisfactory operation, maintenance, and repair of the equipment. If foot valves are necessary, they must have a net valve area of at least two and one-half (2.5) times the area of the suction pipe and be screened. Each pump must have an accessible check valve on the discharge side between the pump and the shut-off valve or a combination valve that performs both control valve and check valve functions. Surge relief measures must be designed to minimize hydraulic transients.(7-1-24)

b. Piping must be designed with watertight joints, friction losses minimized, protection against surge or water hammer, suitable restraints, and not be subject to contamination.(7-1-24)

c.Each pump must have an individual suction line or manifolded suction lines such that they will ensure similar hydraulic and operating conditions.(7-1-24)

d.Each pump station must have a standard pressure gauge on its discharge line and suction line.

e.Water seals may not be supplied with water of a lesser sanitary quality than that of the water being pumped. Where pumps are sealed with potable water and are pumping water of lesser sanitary quality, the seal must:

i.Be provided with either an approved reduced pressure principle backflow preventer or a break tank open to atmospheric pressure,(7-1-24)

ii.Where a break tank is provided, have an air gap of at least six (6) inches or two (2) pipe diameters, whichever is greater, between the feeder line and the flood rim of the tank.(7-1-24)

f.Pumps, their prime movers, and accessories must be controlled in such a manner that they will operate at rated capacity without dangerous overload. Where two (2) or more pumps are installed, provision must be made for alternation. Provision must be made to prevent energizing the motor in the event of a backspin cycle.

Equipment will be provided or other arrangements made to prevent surge pressures from activating controls which switch on pumps or activate other equipment outside the normal design cycle of operation.(7-1-24)

4. Booster Pumps. In addition to other applicable requirements in Section 541, booster pumps must comply with the following:(7-1-24)

a.In-line booster pumps must maintain an operating pressure that is consistent with the requirements specified in Subsection 552.01, and be supplied with an automatic cutoff when intake pressure is less than or equal to five (5) psi.(7-1-24)

b.Booster pumps with a suction line directly connected to any storage reservoirs must be protected by an automatic cutoff to prevent pump damage and avoid excessive reservoir drawdown.(7-1-24)

c.Each booster pumping station must contain not less than two (2) pumps with capacities such that peak hour demand, or a minimum of the maximum day demand plus equalization storage, can be satisfied with any pump out of service. See Subsection 501.18 for general design requirements concerning fire flow capacity. (7-1-24)

IDAPA 58.01.08.542 Distribution System

1. Protection from Contamination. The distribution system must be protected from contamination and be designed to prevent contamination by steam condensate or cooling water from engine jackets or other heat exchange devices.(7-1-24)

2. Installation of Water Mains. Division 400 of “Idaho Standards for Public Works Construction,” referenced in Subsection 002.02, may be used as guidance for installation of water mains. In addition, the following provisions apply:(7-1-24)

a.Installed pipe must be pressure tested and leakage tested in accordance with the applicable AWWA Standards, incorporated by reference into these rules at Subsection 002.01.(7-1-24)

b.New, cleaned, and repaired water mains must be disinfected in accordance with AWWA Standard C651, incorporated by reference into these rules at Subsection 002.01. The specifications must include detailed procedures for the adequate flushing, disinfection, and microbiological testing of all water mains.(7-1-24)

c.In areas where aggressive soil conditions are suspected or known to exist, analyses must be performed to determine the actual aggressiveness of the soil. If soils are found to be aggressive, action must be taken to protect metallic joint restraints and the water main, such as encasement in polyethylene, provision of cathodic protection, or use of corrosion resistant materials.(7-1-24)

d.The Department must approve any interconnection between potable water sources, taking into account differences in water quality between the two systems.(7-1-24)

e.A continuous and uniform bedding must be provided in the trench for all buried pipe. Backfill material must be tamped in layers around the pipe and to a sufficient height above the pipe to adequately support and protect the pipe. Stones found in the trench must be removed for a depth of at least six (6) inches below the bottom of the pipe.(7-1-24)

f.Water mains must be covered with sufficient earth or other insulation to prevent freezing. (7-1-24)

g.All tees, bends, plugs and hydrants must be provided with reaction blocking, tie rods or joints designed to prevent movement.(7-1-24)

3. Pressure Relief Valves. All pumps connected directly to the distribution system must be designed in conjunction with a water pressure relief valve of type, size, and material approved by the Department unless the Department approves another method that will prevent excessive pressure development.(7-1-24)

4. Flow Meter Required. Unless otherwise approved by the Department, all source pumps and booster pumps connected directly to the distribution system must have an instantaneous and totalizing flow meter, equipped with nonvolatile memory, installed in accordance with manufacturer’s specifications.(7-1-24)

5. Pipe and Jointing Materials. Pipe and jointing materials comply with the standards set forth in Subsection 501.01. Pipe must be manufactured of materials resistant internally and externally to corrosion and not imparting tastes, odors, color, or any contaminant into the PWS. Where distribution systems are installed in areas of groundwater contaminated by organic compounds:(7-1-24)

a.Pipe and joint materials which do not allow permeation of the organic compounds must be used;

b.Non-permeable materials must be used for all portions of the PWS including pipe, joint materials, hydrant leads, and service connections.(7-1-24)

6. Size of Water Mains. When fire hydrants are provided, they may not be connected to water mains smaller than six (6) inches in diameter, and fire hydrants may not be installed unless fire flow volumes are available.

If fire flow is not provided, water mains will be no less than three (3) inches in diameter. Any departure from these minimum standards must be supported by hydraulic analysis and detailed projections of water use.(7-1-24)

7. Separation of Potable, Non-Potable, and Raw Water Pipelines. The requirements for the protection of potable pipelines from contamination by non-potable pipelines are described in Subsections 542.07.a. through 542.07.d. For the purposes of Subsection 542.07, the term “pipeline” applies to both mains and services. The Department will use the Memorandum of Understanding with the Plumbing Bureau as guidance in determining the relative responsibilities for reviewing service lines. The conditions of Subsections 542.07.a. through 542.07.d. apply to all potable services constructed or reconstructed after April 15, 2007 and where the Department or the QLPE is the reviewing authority. Raw water pipelines must be protected from contamination from non-potable pipelines, and must not contaminate potable pipelines. They must meet equivalent separation distances shown below from either potable or non-potable pipelines.(7-1-24)

a.Alternative separation distances may be considered for Subsections 542.07.b through 542.07.c. on a case-by-case basis when considering constructability, public health risk, environmental risk, and cost. The design engineer must submit data to the Department for review and approval showing that the proposed installation will be protective of public health and the environment. (7-1-24)

b.Parallel installation requirements.(7-1-24)

i.Potable mains in relation to non-potable mains.(7-1-24)

(1)Greater than ten (10) feet separation: no additional requirements.(7-1-24)

(2)Ten (10) feet to six (6) feet separation: separate trenches, with the bottom of the potable main above the top of the non-potable main, and non-potable main constructed with potable water class pipe.(7-1-24)

(3)Non-potable mains are prohibited from being located in the same trench as potable mains. (7-1-24)

ii.Potable services in relation to non-potable pipelines and non-potable services in relation to potable pipelines.(7-1-24)

(1)Greater than six (6) feet separation: no additional requirements.(7-1-24)

(2)Potable services are prohibited from being located in the same trench as non-potable pipelines.

c.Requirements for potable water pipelines crossing non-potable pipelines. Crossings must be perpendicular, unless otherwise approved by the Department.(7-1-24)

i.If there is eighteen (18) inches or more vertical separation with the potable water pipeline above the non-potable pipeline, then the potable pipeline joints must be as far as possible from the non-potable water pipeline.

ii.If there is eighteen (18) inches or more vertical separation with the potable water pipeline below the non-potable pipeline, then the potable pipeline joints must be as far as possible from the non-potable pipeline, and the non-potable pipeline must be supported through the crossing to prevent settling.(7-1-24)

iii.Less than eighteen (18) inches vertical separation:(7-1-24)

(1)Potable pipeline joint must be as far as possible from the non-potable pipeline; and either: (7-1-24)

(a)Non-potable pipeline must be constructed with potable water class pipe for a minimum of ten (10) feet either side of potable pipeline with a single twenty (20) foot section of potable water class pipe centered on the crossing; or(7-1-24)

(b)The non-potable or potable pipeline must be sleeved with potable water class pipe for ten (10) feet either side of crossing. Use of hydraulic cementitious materials such as concrete, controlled density fill, and concrete slurry encasement is not allowed as a substitute for sleeving.(7-1-24)

(2)If potable pipeline is below non-potable pipeline, the non-potable pipeline must also be supported through the crossing to prevent settling.(7-1-24)

d.Non-potable pressure pipelines must not be:(7-1-24)

i. Closer horizontally than ten (10) feet from potable mains. (7-1-24)

ii. Closer vertically than eighteen (18) inches from potable pipelines.(7-1-24)

8. Separation from Subsurface Wastewater Systems and Other Sources of Contamination. A minimum horizontal distance of twenty-five (25) feet must be maintained between any potable water pipe and a septic tank or subsurface wastewater disposal system. Guidance on separation from other potential sources of contamination, such as stormwater facilities, may be found on the Department website http://www.deq.idaho.gov.

9. Dead End Mains. All dead end water mains must be equipped with a means of flushing at a water velocity of two and one-half (2.5) feet per second.(7-1-24)

a.Dead ends must be minimized by looping whenever practical in order to provide increased reliability of service and reduce head loss.(7-1-24)

b.Flushing must be designed in such a way as to minimize any erosion of unprotected areas and, if applicable, be coordinated with the owner of the receiving system. No water main flushing device may be directly connected to any sewer.(7-1-24)

c.Stub outs for future main connections must meet all requirements for dead end mains listed in Subsection 542.09 as determined by the Department. Flushing devices may be temporary in nature.(7-1-24)

10. Repair of Leaks. Leaking water mains must be repaired or replaced upon discovery and disinfected in accordance with American Water Works Association (AWWA) Standards, incorporated by reference into these rules at Subsection 002.01.(7-1-24)

11. Separation from Structures. Water mains must be separated by at least five (5) feet from buildings, industrial facilities, and other permanent structures.(7-1-24)

12. Shut-Off Valve Required. All new PWSs, and portions of existing systems undergoing material modification of distribution or transmission lines, must include an accessible and lockable shut-off valve at each service connection in the section of distribution or transmission line that is being constructed or modified within the project. Shut-off valves may be installed in a meter vault.(7-1-24)

13. Minimum Pressure at Building Sites. Any PWS constructed or undergoing material modification where topographical relief may affect water pressure at the customers’ premises must provide the Department with an analysis which demonstrates that the pressure at each designated building site will be at least forty (40) psi, based on dynamic pressure in the main, as set forth in Subsections 552.01.b.i. and 552.01.b.v., plus a static compensation from the elevation of the main to the elevation of each building site.(7-1-24)

a.If forty (40) psi cannot be provided at each designated building site, the Department may require that reasonable effort be made to provide notification to existing and potential customers of the expected pressure.

b.The Department will not authorize a service connection at any designated building site where analysis indicates that pressure will be less than twenty (20) psi dynamic pressure (or twenty-six point five (26.5) psi for two (2) story buildings).(7-1-24)

14. Isolation Valves. A sufficient number of valves must be provided on water mains to minimize inconvenience and sanitary hazards during repairs.(7-1-24)

15. Air Valves. At high points in water mains where air can accumulate, provisions must be made to remove the air by means of air release and vacuum relief valves or combination air release/vacuum relief valves. Air release valves, vacuum relief valves, or combination air release/vacuum relief valves may not be required if vacuum relief and air release functions in the pipeline can be adequately handled by approved appurtenances such as fire hydrants.(7-1-24)

a.The open end of an air valve must be extended to at least one (1) foot above grade and provided with a twenty-four (24) mesh or similar non-corrodible screened, downward-facing elbow. When the air vent on an air relief valve cannot be practically installed above ground, the vent may be below grade provided the air vent is extended to the top of the valve vault and provided with a twenty-four (24) mesh or similar non-corrodible screened, downward-facing elbow. In addition, for below ground vents, the valve vault must be rated for appropriate traffic loading in traffic areas and the vault drained to daylight or provided with adequate drainage to prevent flooding of the vault.(7-1-24)

b.Discharge piping from air valves or combination air release/vacuum relief valves may not connect directly to any storm drain, storm sewer, or sanitary sewer.(7-1-24)

16. Backflow Protection. Automatic air relief valves must be equipped with a means of backflow protection.(7-1-24)

17. Surface Water Crossings. For the purposes of Subsection 542.17, surface water is defined as all surface accumulations of water, natural or artificial, public or private, or parts thereof which are wholly or partially within, which flow through or border upon the state. This includes, but is not limited to, rivers, streams, canals, ditches, lakes, and ponds. Surface water crossings, whether over or under water, must be constructed as follows:

a.Pipe used in above water crossings must be adequately supported and anchored, protected from damage and freezing, and be accessible for repair or replacement.(7-1-24)

b.Pipe used in under water crossings must have a minimum cover of two (2) feet. When crossing a water course that is greater than fifteen (15) feet in width, the following must be provided:(7-1-24)

i.The pipe will be of special construction, having flexible, restrained, or welded water-tight joints;

ii.Valves are to be provided at both ends of water crossings so that the section can be isolated for testing or repair; the valves will be easily accessible and not subject to flooding; and(7-1-24)

iii.Permanent taps or other provisions to allow insertion of a small meter to determine leakage and obtain water samples will be made on each side of the valve closest to the supply source.(7-1-24)

IDAPA 58.01.08.543 Cross Connection Control

There must be no connection between the distribution system and any pipes, pumps, hydrants, water loading stations, or tanks whereby unsafe water or other contaminating materials may be discharged or drawn into a PWS. Community PWS owners must meet the cross connection control program requirements in Subsection 552.06.(7-1-24)

1. Testable Assemblies. All double check valve backflow prevention assemblies, reduced pressure principle backflow prevention assemblies, spill resistant vacuum breakers, and pressure vacuum breakers used must pass a performance test conducted by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research (USC Foundation) and be included on the USC Foundation “List of Approved Assemblies” for the application and orientation for which they are installed.(7-1-24)

2. Atmospheric Vacuum Breakers. All atmospheric vacuum breakers used must be marked approved either by the International Association of Plumbing and Mechanical Officials (IAPMO) or by the American Society of Sanitation Engineers (ASSE).(7-1-24)

3. Replacement Parts and Components. All replacement parts and components, including resilient seated shutoff valves, must meet original manufacturer’s specifications or otherwise be approved by the USC Foundation as replacement parts or components for use on double check valve backflow prevention assemblies, reduced pressure principle backflow prevention assemblies, pressure vacuum breakers, and spill resistant pressure vacuum breakers. The design, material, or operational characteristics of any assembly must not be altered during maintenance or repair.(7-1-24)

4. Assembly Selection. Appropriate and adequate backflow prevention assembly types for various facilities, fixtures, equipment, and uses of water must be selected from the AWWA Recommended Practice for Backflow Prevention and Cross Connection Control (M14), the USC Foundation Manual of Cross Connection Control, or other sources deemed acceptable by the Department. The selected assembly manufacturer model number must be included on the USC Foundation “List of Approved Assemblies” and must comply with local ordinances.

IDAPA 58.01.08.544 General Design of Finished Water Storage

The materials and designs used for finished water storage structures must provide stability and durability as well as protect the quality of the stored water. Finished water storage structures must be designed to maintain water circulation and prevent water stagnation. Steel structures and facilities such as steel tanks, standpipes, reservoirs, and elevated tanks must be designed and constructed in accordance with applicable AWWA Standards, incorporated by reference into these rules at Subsection 002.01. Other materials of construction are acceptable when properly designed to meet the requirements of Section 544.(7-1-24)

1. Sizing and Isolation Requirements.(7-1-24)

a.Storage facilities must have sufficient capacity, as determined from engineering studies that consider peak flows, fire flow capacity, and analysis of the need for various components of finished storage as defined under the term “Components of Finished Water Storage” in Section 003. The requirement for storage may be reduced when the source and treatment facilities have sufficient capacity with standby power to supply peak demands of the PWS.(7-1-24)

b.All storage structures which provide pressure directly to the distribution system, such as elevated storage structures or ground level storage structures with associated pumping systems, must be designed so they can be isolated and drained for cleaning or maintenance without causing a loss of pressure in the distribution system.

2. Location. Storage facilities must be located in a manner that protects against contamination, ensures structural stability, protects against flooding, and provides year-round access by vehicles and equipment needed for repair and maintenance.(7-1-24)

a.If the bottom elevation of a storage reservoir must be below normal ground surface, it must be placed above the seasonal high groundwater table. The top of a partially buried storage structure may not be less than two (2) feet above normal ground surface. (7-1-24)

b.Minimum separation distances from storage facilities must meet the following requirements:

Minimum Separation Distances From Storage Facilities (feet)

Feature of ConcernStorage Facility Type Below GroundPartially BuriedGround LevelAbove Ground Non-Potable Pipelines5050 Non-Potable Pipelines Constructed of Water Class Pipe Standing Water505050 Possible Sources of Contamination 50502020 Nearest Property Line50502020 Municipal or Industrial Wastewater Treatment Plant 500500500500 03. Protection from Contamination. All finished water storage structures must have suitable watertight roofs which exclude birds, animals, insects, and excessive dust. The installation of appurtenances, such as antennas, must be done in a manner that ensures no damage to the tank, coatings or water quality, or corrects any damage that occurred.(7-1-24)

4. Protection from Trespassers. Fencing, locks on access manholes, and other necessary precautions must be provided to prevent trespassing, vandalism, and sabotage.(7-1-24)

5. Drains. No drain on a water storage structure may have a direct connection to a sewer or storm drain. The design must allow draining the storage facility for cleaning or maintenance without causing loss of pressure in the distribution system.(7-1-24)

6. Overflow. Overflow pipes of any storage structure or facility must discharge to daylight in a way that will preclude the possibility of backflow to the reservoir and, where practical, be provided with an expanded metal screen installed within the pipe that will exclude rodents and deter vandalism. The overflow pipe must be of sufficient diameter to permit waste of water in excess of the filling rate and be designed to mitigate blockage or freezing (see Subsection 544.11). The overflow must discharge over a drainage inlet structure or a splash plate and, when practical, discharge at an elevation between twelve (12) and twenty-four (24) inches above the receiving

a.When an internal overflow pipe is used on above-ground tanks, it must be located in the access tube.(7-1-24)

b.The overflow for ground-level, partially buried, or below-ground storage structures or facilities must have a vertical section of pipe at least two (2) pipe diameters in length and be screened with a twenty-four (24) mesh non-corrodible screen installed within the pipe when practical or an expanded metal screen installed within the pipe plus a weighted flapper valve or check unless otherwise approved by the Department.(7-1-24)

7. Access. Finished water storage structures must be designed with reasonably convenient access to the interior for cleaning and maintenance. At least two (2) manholes will be provided above the waterline at each water compartment where space permits, as determined by the Department. One (1) manhole may be allowed on smaller tanks on a case-by-case basis.(7-1-24)

a.The following access requirements apply to above-ground and ground-level storage structures.

Each access manhole must be framed a minimum of four (4) inches above the surface of the roof at the opening. The actual height above the surface of the roof must be sufficient to prevent incidental contamination from snow accumulation, storm water runoff or accumulation, irrigation water, or other potential sources of contamination.

b.The following access requirements apply to, partially buried or below-ground storage structures.

Each access manhole must be elevated a minimum of twenty-four (24) inches above the surface of the roof or the ground level, whichever is higher. The actual height above the surface of the roof or the ground level must be sufficient to prevent incidental contamination from snow accumulation, storm water runoff or accumulation, irrigation water, or other potential sources of contamination.(7-1-24)

Land Which is Spray Irrigated With Wastewater or Used for Sludge Disposal 500500500500 Minimum Separation Distances From Storage Facilities (feet)

Feature of ConcernStorage Facility Type Below GroundPartially BuriedGround LevelAbove Ground

c.Each manhole must be fitted with a solid water tight cover designed to prevent the entrance of contaminants. Each cover may be hinged only on one (1) side and have a locking device. Unless otherwise approved by the Department based, each cover will have a framed opening with the lid extending down around the frame at least two (2) inches, and the frame will be at least four (4) inches high.(7-1-24)

8. Vents. Finished water storage structures must be vented. The overflow pipe may not be considered a vent. Open construction between the sidewall and roof is not permissible. Vents must:(7-1-24)

a.Prevent the entrance of surface water and rainwater and extend twelve (12) inches above the roof.

b.Exclude birds and animals.(7-1-24)

c.Exclude insects and dust, as much as this function can be made compatible with effective venting and be designed to mitigate blockage or freezing (see Subsection 544.11).(7-1-24)

d.On ground-level, partially buried, or below-ground structures, open downward with the opening at least twenty-four (24) inches above the roof or the ground level and covered with twenty-four (24) mesh noncorrodible screen or similar non-corrodible screen. The screen is to be installed within the pipe at a location least susceptible to vandalism.(7-1-24)

e.On above-ground tanks and standpipes, open downward, and be fitted with twenty-four (24) mesh or similar non-corrodible screen.(7-1-24)

9. Roof and Sidewall. The roof and sidewalls of all water storage structures must be watertight with no openings except properly constructed vents, manholes, overflows, risers, drains, pump mountings, control ports, or piping for inflow and outflow. Particular attention is to be given to the sealing of roof structures which are not integral to the tank body.(7-1-24)

a.Any pipes running through the roof or sidewall of a metal storage structure must be welded, or properly gasketed. In concrete tanks, these pipes must be connected to standard wall castings which were poured in place during the forming of the concrete.(7-1-24)

b.Openings in the roof of a storage structure designed to accommodate control apparatus or pump columns must be curbed and sleeved with proper additional shielding to prevent contamination from surface or floor drainage.(7-1-24)

c.The roof of the storage structure must be sloped to facilitate drainage. Downspout pipes may not enter or pass through the reservoir. Parapets, or similar construction which tends to hold water and snow on the roof, will not be approved unless adequate waterproofing and drainage are provided.(7-1-24)

d.Reservoirs with pre-cast concrete roof structures must be made watertight with the use of a waterproof membrane or similar product.(7-1-24)

10. Construction Materials. Materials used in storage facility construction must meet the requirements for water contact surfaces set forth in Subsection 501.01. Porous materials such as wood or concrete block are not acceptable for use in storage construction.(7-1-24)

11. Protection from Freezing. Finished water storage structures and their appurtenances, especially the riser pipes, overflows, and vents, must be designed to prevent freezing.(7-1-24)

12. Internal Catwalk. Every catwalk over finished water in a storage structure must have a solid floor with sealed raised edges, designed to prevent contamination.(7-1-24)

13. Silt Stops. Removable silt stops must be provided to prevent sediment from entering the reservoir discharge pipe.(7-1-24)

14. Grading. The area surrounding a ground-level, partially buried, or below-ground structures must be graded in a manner that will prevent surface water from standing.(7-1-24)

15. Coatings and Cathodic Protection. Proper protection must be given to metal surfaces by paints or other protective coatings, by cathodic protective devices, or by both.(7-1-24)

16. Disinfection. Storage facilities must be disinfected in accordance with AWWA Standard C652, incorporated by reference into these rules at Subsection 002.01. Two (2) or more successive sets of samples, taken at twenty-four (24) hour intervals, must indicate microbiologically satisfactory water before the facility is placed into 17. Abandonment. All unused subsurface storage tanks must be removed and backfilled, or abandoned by extracting residual fluids and filling the structure with sand or fine gravel.(7-1-24)

IDAPA 58.01.08.545 Treatment Plant Storage Facilities

The design standards of Section 544 apply to treatment plant storage.(7-1-24)

1. Filter Wash Water. Filter wash water tanks must be sized, in conjunction with available pump units and finished water storage, to provide the backwash water required by Section 521. Consideration must be given to the backwashing of several filters in rapid succession.(7-1-24)

2. Clearwell. When finished water storage is used to provide disinfectant contact time special attention must be given to tank size and baffling. An overflow and vent must be provided. A minimum of two (2) clearwell compartments must be provided to allow for cleaning or maintenance. Clearwells constructed under filters may be exempt from the requirements set out in Subsection 544.02.d. when the design provides adequate protection from contamination.(7-1-24)

3. Adjacent Storage. Finished or treated water must not be stored or conveyed in a compartment adjacent to untreated or partially treated water when the two (2) compartments are separated by a single wall, unless approved by the Department.(7-1-24)

4. Other Treatment Plant Storage Tanks. Unless otherwise allowed by the Department, other treatment plant storage tanks/basins such as detention basins, backwash reclaim tanks, receiving basins, and pump wet-wells for finished water must be designed as finished water storage structures. In addition, these tanks/basins must be designed to allow for cleaning or maintenance through temporary tanks, standby pumping capabilities, or other means approved by the Department.(7-1-24)

IDAPA 58.01.08.546 Distribution System Storage Facilities

1. Design. The applicable design standards of Section 544 apply to distribution system storage.

2. Isolation. Finished water storage structures which provide pressure directly to the distribution system must be designed so they can be isolated from the distribution system and drained for cleaning or maintenance without causing a loss of pressure in the distribution system. This requirement may be met through available temporary tanks, redundant pumping capabilities, or other temporary means approved by the Department. If the finished water storage structure provides fire flow for the PWS, the PWS owner must provide the local fire authority advance notification of cleaning or maintenance events which isolate the structure from the distribution system and reduce available fire flow to less than the minimum required by the local fire authority.(7-1-24)

3. Drain. Drains must discharge to daylight in a way that will preclude the possibility of backflow to the reservoir and, where practical, be provided with an expanded metal screen installed within the pipe that will exclude rodents and deter vandalism. The drain will, when practical, discharge at an elevation between twelve (12) and twenty-four (24) inches above the receiving surface, and discharge over a drainage inlet structure or a splash plate.(7-1-24)

4. Level Controls. Adequate controls must be provided to maintain levels in distribution system storage structures. Level indicating devices must be provided at a central location.(7-1-24)

IDAPA 58.01.08.547 Hydropneumatic Tank Systems

Hydropneumatic tanks may be used to regulate pump cycling and to absorb pressure surges (water hammer).

Hydropneumatic tanks may not be used for storage for PWSs serving more than one-hundred-fifty (150) connections unless otherwise approved by the Department.(7-1-24)

1. Design of Hydropneumatic Systems. Tanks must:(7-1-24)

a.Be located above normal ground surface and be completely housed.(7-1-24)

b.Have bypass piping to permit operation of the PWS while the tank is being repaired or painted.

Exterior surfaces and accessible interior surfaces are to be provided with protective coatings and shall be maintained in good condition. Supports beneath tanks must be structurally sound.(7-1-24)

c.Be sized to limit pump cycles to not more than six (6) per hour unless a pump manufacturer’s warranty specifically supports more frequent cycling. The number of pump cycles may be increased in PWSs with multiple pumps if a means to automatically alternate pumps is provided. The Franklin Electric AIM manual, referenced in Subsection 002.02, Chapter 11 of the Washington State Department of Health Water System Design Manual, referenced in Subsection 002.02, or manufacturer’s recommendations may be used as guidance in calculating the size of hydropneumatic tanks.(7-1-24)

d.Conform with the American Society of Mechanical Engineers (ASME) specifications code for unfired pressure vessels when they are of greater than one-hundred twenty (120) gallons volume. Tanks of less than one hundred twenty (120) gallons volume must meet the ASME code or be certified by a nationally recognized testing agency to be capable of withstanding twice the maximum allowable working pressure.(7-1-24)

2. Requirements Specific to Conventional Hydropneumatic Tanks. Conventional tanks are those with a direct air to water interface and require periodic air recharge to compensate for absorption of air into the water.

a.Each tank must have an access manhole, a drain, and control equipment consisting of a pressure gauge, water sight glass, automatic or manual air blow-off, means for adding air that is filtered or otherwise protected from contamination, and pressure operated start-stop controls for the pumps. If tank size allows, the access manhole will be at least twenty-four (24) inches in diameter.(7-1-24)

b.The gross volume of tanks in PWSs served by variable speed pumps may be less than that required for PWSs served by constant speed pumps. Design volumes will be approved by the Department on a site-specific basis.(7-1-24)

3. Requirements Specific to Bladder Tanks. Bladder tanks have a membrane that separates air and water inside the tank.(7-1-24)

a.Bladder tanks must be pre-charged with air to a pressure of five (5) psi below the setting at which the pump turns on (the low operating pressure for the PWS).(7-1-24)

b.Each manifold assembly must have a pressure gauge and pressure operated start-stop controls for the pumps.(7-1-24)

c.The procedure for sizing bladder tanks is to determine the number of a selected size of tanks that are needed to provide pump protection. Reduced tank volume in PWSs served by variable speed pumps will be approved by the Department on a site-specific basis.(7-1-24)

IDAPA 58.01.08.548 Disinfection of Facilities Prior to Use

Any supplier of water for a PWS must ensure that new construction or modifications to an existing PWS are flushed and disinfected in accordance with American Water Works Association (AWWA) Standards, incorporated by reference into these rules at Subsection 002.01, prior to being placed into service.(7-1-24)

IDAPA 58.01.08.549 (Reserved)

IDAPA 58.01.08.552 Operating Criteria for Public Water Systems

1. Quantity and Pressure Requirements. Design requirements regarding pressure analysis are found in Subsection 542.13.(7-1-24)

a.The minimum capacity of a PWS must be at least eight hundred (800) gallons per day per residence.(7-1-24)

i.The minimum capacity of eight hundred (800) gallons per day is the design maximum day demand rate exclusive of irrigation and fire flow requirements.(7-1-24)

ii.The minimum capacity of eight hundred (800) gallons per day is only acceptable if the PWS has equalization storage of finished water in sufficient quantity to compensate for the difference between a PWS’s maximum pumping capacity and peak hour demand.(7-1-24)

iii.The design capacity of a PWS for material modifications may be less than eight hundred (800) gallons per day if the PWS owner provides information that demonstrates to the Department’s satisfaction the maximum day demand for the PWS, exclusive of irrigation and fire flows, is less than eight hundred (800) gallons per day per residence.(7-1-24)

b.All PWS owners must meet the following pressure requirements:(7-1-24)

i.Be capable of providing sufficient water during maximum day demand conditions, including fire flow where provided, to maintain a minimum pressure of twenty (20) psi throughout the distribution system, at ground level, as measured at the service connection or along the property line adjacent to the consumer’s premises.

ii.If an initial investigation by the water supplier fails to discover the causes of inadequate or excessive pressure, the Department may require the water supplier to conduct a local pressure monitoring study to diagnose and correct pressure problems. Compliance with these requirements by PWSs that do not have a meter vault or other point of access at the service connection or along the property line adjacent to the consumer’s premises where pressure in the distribution system can be reliably measured must be determined by measurements within the consumer’s premises, or at another representative location acceptable to the Department.(7-1-24)

iii.Copies of pressure monitoring study reports required under Subsection 552.01.b.iii. detailing study results and any resulting corrective actions planned or performed by the PWS owner must be submitted to the Department in accordance with these rules.(7-1-24)

iv.The following PWSs or service areas of PWSs must maintain a minimum pressure of forty (40) psi throughout the distribution system, during peak hour demand conditions, excluding fire flow, measured at the service connection or along the property line adjacent to the consumer’s premises.(7-1-24)

(1)Any PWS constructed or substantially modified after July 1, 1985.(7-1-24)

(2)Any new service areas.(7-1-24)

(3)Any PWS that is undergoing material modification where it is feasible to meet the pressure requirements as part of the material modification.(7-1-24)

v.Any PWS must keep static pressure within the distribution system below one hundred (100) psi and should ordinarily keep static pressure below eighty (80) psi.(4-2-26)

(1)Pressures above one hundred (100) psi must be controlled by pressure reducing valve stations installed in the distribution main. In areas where failure of installed pressure reducing valve stations result in extremely high pressure, pressure relief valves may be required.(4-2-26)

(2)The Department may approve the use of pressure-reducing devices at individual service connections on a case-by-case basis if it can be demonstrated that higher pressures in portions of the distribution system are required for efficient PWS operation.(4-2-26)

(3) If PWS modification will cause pressure to routinely exceed eighty (80) psi, or if a check valve or an individual pressure reducing device is added to the service line, the PWS owner must notify affected customers.

Notification may include reasons for the elevated pressure, problems or damage that elevated pressure can inflict on appliances or plumbing systems, and suggested procedures or mitigation efforts affected property owners may initiate to minimize problems or damage.(4-2-26)

vi.The Department may allow the installation of booster pump systems at individual service connections on a case-by-case basis. However, such an installation may only occur with the full knowledge and agreement of the PWS owner, including assurance by the PWS that the individual booster pump will cause no adverse effects on PWS operation.(7-1-24)

vii.For elevated storage tanks, pressure calculations during peak hour demand are based on the lowest water level after both operational storage and equalization storage have been exhausted. Pressure calculations during fire flow demands are based on the lowest water level after operational storage, equalization storage, and fire suppression storage have been exhausted.(7-1-24)

viii. For hydropneumatic tanks, pressure calculations are based on the lowest pressure of the pressure cycle and this requirement must be noted in the operation and maintenance manual.(7-1-24)

c.Any PWS designed to provide fire flows must ensure that such flows are compatible with the water demand of existing and planned fire-fighting equipment and fire fighting practices in the area served by the PWS.

d.Irrigation Flows.(7-1-24)

i.Any PWS constructed after November 1, 1977, must be capable of providing water for uncontrolled, simultaneous foreseeable irrigation demand, which includes all acreage that the PWS is designed to irrigate.(7-1-24)

(1)The Department must concur with assumptions regarding the acreage to be irrigated. In general, an assumption that no outside watering will occur is considered unsound and is unlikely to be approved.(7-1-24)

(2)An assumption of minimal outside watering, as in recreational subdivisions, may be acceptable if design flows are adequate for maintenance of “green zones” for protection against wildland fire.(7-1-24)

ii.The Department may modify the requirement of Subsection 552.01.d.i. if:(7-1-24)

(1)A separate irrigation system is provided; or(7-1-24)

(2)The supplier of water can regulate the rate of irrigation through its police powers, and the PWS is designed to accommodate a regulated rate of irrigation flow. The Department may require the PWS to submit a legal opinion addressing the enforceability of such police powers.(7-1-24)

iii.If a separate non-potable irrigation system is provided for the consumers, all mains, hydrants and appurtenances must be easily identified as non-potable. The Department must concur with a plan to ensure that each new potable water service is not cross-connected with the irrigation system.(7-1-24)

2. Groundwater.(7-1-24)

a.PWSs supplied by groundwater, must treat water within the PWS by disinfection if the groundwater source is not protected from contamination.(7-1-24)

b.The Department may require disinfection for any existing PWS supplied by groundwater if the PWS has repeated E.coli MCL exceedances, and if the PWS does not appear adequately protected from contamination. Adequate protection will be determined based upon at least the following factors:(7-1-24)

i.Location of possible sources of contamination;(7-1-24)

ii.Size of the well lot;(7-1-24)

iii.Depth of the source of water;(7-1-24)

iv.Bacteriological quality of the aquifer;(7-1-24)

v.Geological characteristics of the area; and(7-1-24)

vi.Adequacy of development of the source.(7-1-24)

3. Operating Criteria. The operating criteria for PWSs that provide filtration are as follows:(7-1-24)

a.A project specific operation and maintenance manual must be provided as required in Subsection 501.12. See definition of Operation and Maintenance Manual in Section 003 for the typical contents of an operation and maintenance manual and the included operations plan. For the operations plan in the operation and maintenance manual, additional guidance for several types of filtration systems can be found in the Department’s SWTR Compliance Guidance referenced in Subsection 002.02.(7-1-24)

b.The PWS must conduct monitoring specified by the Department before serving water to the public in order to protect the health of consumers served by the PWS.(7-1-24)

c.New treatment facilities must be operated in accordance with Subsection 552.03.a., and the PWS must conduct monitoring specified by the Department for a trial period specified by the Department before serving water to the public in order to protect the health of consumers served by the PWS.(7-1-24)

4. Disinfection. PWSs that regularly disinfect their water using chlorine are subject to the provisions of Section 108. PWSs using surface water or groundwater under the direct influence of surface water, are subject to the disinfection requirements of Sections 104 and 518. PWSs using chlorine, ozone, chlorine dioxide, or other disinfecting agents for the purposes of disinfection must meet the facility and design standards of Sections 530 and 531. PWSs using ultraviolet light for the purposes of disinfection must meet the facility and design standards of Section 529.(7-1-26)

a.PWSs using only ground water that add a disinfectant for the purpose of disinfection, as defined in Section 003, are subject to the following requirements:(7-1-24)

i.The PWS must demonstrate that it is routinely achieving four (4) logs (ninety-nine point ninetynine percent) (99.99%)) inactivation/removal of viruses. The required effective contact time must be approved by the Department. This condition must be attainable even when the design capacity coincides with anticipated maximum disinfectant demands.(7-1-24)

ii.A detectable disinfectant residual must be maintained throughout the distribution system. PWSs disinfecting through ultraviolet light will need to maintain a supplemental disinfectant capable of maintaining a detectable disinfectant residual.(7-1-24)

iii.Analysis for disinfectant residual must be conducted at a location at or prior to the first service connection at least daily and records of these analyses are to be kept by the supplier of water for at least one (1) year.

A report of all daily chlorine residual measurements for each calendar month must be submitted to the Department no later than the tenth day of the following month. The frequency of measuring disinfectant residuals must be sufficient to detect variations in demand or changes in water flow.(7-1-24)

iv.The Department may, in its discretion, require a treatment rate higher than that specified in Subsection 552.04.a.i.(7-1-24)

b.PWSs using only groundwater that add disinfectant for the purpose of maintaining a disinfectant residual in the distribution system, when the source(s) is not at risk of microbial contamination, are subject to analysis for disinfectant residual made at a frequency that is sufficient to detect variations in demand or changes in water flow.

c.PWSs using only groundwater that add chlorine for other purposes, such as oxidation of metals or taste and odor control, when the source(s) is known to be free of microbial contamination, must ensure that chlorine residual entering the distribution system after treatment is less than four (4.0) mg/L. The requirements in Subsection 552.04.a.ii. also apply if the PWS maintains a chlorine residual in the distribution system.(7-1-24)

5. Fluoridation.(7-1-24)

a.Commercial sodium fluoride, sodium silico fluoride and hydrofluosilicic acid which conform to the applicable American Water Works Association (AWWA) Standards, incorporated by reference into these rules at Subsection 002.01, are acceptable. Use of other chemicals must be specifically approved by the Department.(7-1-24)

b.Fluoride compounds are to be stored in covered or unopened shipping containers.(7-1-24)

c.Provisions must be made to minimize the quantity of fluoride dust. Empty bags, drums, or barrels are to be disposed of in a manner that will minimize exposure to fluoride dusts.(7-1-24)

d.Daily records of flow and amounts of fluoride added must be kept. An analysis for fluoride in finished water must be made at least weekly. Records of these analyses are to be kept by the supplier of water for five (5) years.(7-1-24)

6. Cross Connection Control Program - Community Water Systems. The water purveyor is responsible through its cross connection control program to take reasonable and prudent measures to protect the PWS against contamination and pollution from cross connections through premises isolation, internal or in-plant isolation, fixture protection, or some combination of premises isolation, internal isolation, and fixture protection. Pursuant to Section 543, all suppliers of water for community PWSs must implement a cross connection control program to prevent the entrance to the PWS of materials known to be toxic or hazardous. The water purveyor is responsible to enforce the PWS’s cross connection control program. The program will at a minimum include:(7-1-24)

a.An inspection program to locate cross connections and determine required suitable protection. For new connections, PWS owners must verify suitable protection was installed prior to providing water service.

b.Required installation and operation of adequate backflow prevention assemblies. Appropriate and adequate backflow prevention assembly types for various facilities, fixtures, equipment, and uses of water must be selected from the Uniform Plumbing Code, the AWWA Recommended Practice for Backflow Prevention and Cross Connection Control (M14), the USC Foundation Manual of Cross Connection Control, or other sources deemed acceptable by the Department. The assemblies must meet the requirements of Section 543 and comply with local ordinances.(7-1-24)

c.Annual inspections and testing of all installed backflow prevention assemblies by a tester licensed by a licensing authority recognized by the Department. Testing must be done in accordance with the test procedures published by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research. See the USC Foundation Manual of Cross-Connection Control referenced in Subsection 002.02. (7-1-24)

d.Discontinuance of service to any structure, facility, or premises where suitable backflow protection has not been provided for a cross connection.(7-1-24)

e.Assemblies that cannot pass annual tests or those found to be defective are to be repaired, replaced, or isolated within ten (10) business days. If the failed assembly cannot be repaired, replaced, or isolated within ten (10) business days, water service to the failed assembly must be discontinued.(7-1-24)

7. Cross Connection Control - Non-Community Water Systems. All suppliers of water for noncommunity water systems must ensure that cross connections do not exist or are isolated from the potable water system by an approved backflow prevention assembly. Backflow prevention assemblies must be inspected and tested annually for functionality by an Idaho licensed tester, as specified in Subsections 552.06.c. and 552.06.e. (7-1-24)

8. Start-up Procedures for Seasonal Systems.(7-1-26)

a.All seasonal PWS owners must demonstrate completion of a Department approved start-up procedure, including start-up sampling, prior to serving water to the public. The PWS owner must submit information on a Department provided or approved form that includes a statement certifying that the PWS owner or operator followed proper start-up procedures. The form must be submitted to the Department within 30 (thirty) days following the PWS’s start-up date. Start-up sampling must include total coliform samples submitted to a certified laboratory demonstrating the absence of total coliform within thirty (30) days prior to serving water to the public.(7-1-24)

b.The Department may exempt any seasonal PWS from Subsection 552.08.a. if the entire distribution system remains pressurized during the entire period that the PWS is not operating, except that the PWSs that monitor less frequently than monthly must still monitor during the vulnerable period designated by the Department. The Department may exempt a seasonal PWS from Subsection 552.08.a. if the owner or operator of the PWS meets all of the following conditions:(7-1-24)

i.Requests an exemption in writing to the Department for approval;(7-1-24)

ii.Demonstrates a clean compliance history as defined in Section 003 for a minimum of five (5) years;

iii.Has no uncorrected significant deficiencies from the most recent sanitary survey; and (7-1-24)

iv.Total coliform samples submitted to a certified laboratory within 30 (thirty) days prior to serving water to the public demonstrate the absence of total coliform.(7-1-24)

IDAPA 58.01.08.553 (Reserved)

58.01.05 Rules and Standards for Hazardous Waste

IDAPA 58.01.05.000 Legal Authority

Chapters 1, 44 and 58, Title 39, Idaho Code.(7-1-25)

IDAPA 58.01.05.001 (Reserved)

IDAPA 58.01.05.002 Incorporation by Reference

1. Federal Regulations Incorporated by Reference. 40 CFR Parts 124, 260 - 268, 270, 271, 273, 278, and 279 revised as of July 1, 2025, are incorporated by reference into these rules.(7-1-26)

2. Exceptions. Nothing in 40 CFR Parts 260 - 268, 270, 273, 278, 279 or Part 124 as pertains to permits for Underground Injection Control (U.I.C.) under the Safe Drinking Water Act, the Dredge or Fill Program under Section 404 of the Clean Water Act, the National Pollution Discharge Elimination System (NPDES) under the Clean Water Act or Prevention of Significant Deterioration Program (PSD) under the Clean Air Act is adopted or included by reference herein.(3-24-22)

IDAPA 58.01.05.003 Definitions

The terms “board” and “department” have the meaning provided for those terms in Section 39-4403, Idaho Code. For these rules and any materials incorporated by reference, the following definitions apply unless their application is inconsistent with the Hazardous Waste Management Act, or unless these rules expressly provide for different definitions:(3-24-22)

1. Director. When used in the context of 40 CFR and these rules, the definition is the Director of the Idaho Department of Environmental Quality, or his designee, as the context requires.(3-24-22)

2. Environmental Appeals Board. When used in the context of 40 CFR, the definition is the Idaho Board of Environmental Quality except as set forth in Section 39-4413(2), Idaho Code, or except where noted in these rules.(3-24-22)

3. U.S. Environmental Protection Agency or EPA, EPA Headquarters, or EPA. used in the context of 40 CFR, the definition is the Idaho Department of Environmental Quality, except when used to refer to an EPA Identification number, EPA hazardous waste number, EPA forms, publications or guidance, and EPA Acknowledgment of Consent, and where noted in these rules. Under the latter circumstances, the definition is the EPA and the Headquarters of the EPA as appropriate. When used in the context of these rules, the definition is the EPA.(3-24-22)

4. HWFSA. The Hazardous Waste Facility Siting Act of 1985, Chapter 58, Title 39, Idaho Code.

5. HWMA. The Hazardous Waste Management Act of 1983, Chapter 44, Title 39, Idaho Code.

6. RCRA. When used in the context of 40 CFR, the definition is the comparable sections of HWMA.

When used in the context of these rules, the definition is the Resource Conservation and Recovery Act, 42 U.S. Code, Sections 6901 et seq.(3-24-22)

7. Regional Administrator or Administrator. When used in the context of 40 CFR, the definition is the Director of the Idaho Department of Environmental Quality, or his designee, except where noted in these rules.

When used in the context of these rules, the definition is the EPA Administrator or Region 10 Regional Administrator as appropriate.(3-24-22)

8. TSD. Treatment, storage and disposal.(3-24-22)

9. United States or U.S. When used in the context of 40 CFR, the definition is the state of Idaho, except where noted in these rules. When used in the context of these rules, the definition is the United States.

10. HAZARDOUS WASTE MANAGEMENT SYSTEM. 40 CFR Part 260 and all Subparts, except 40 CFR 260.2, are incorporated by reference in Section 002. For 40 CFR 260.4(a)(4), 260.5(b)(2), and 260.10 in the definition of electronic manifest and electronic manifest system, “EPA” is defined as the EPA. For 40 CFR 260.10, in the definition of hazardous waste constituent, “Administrator” is defined as the EPA Administrator. For 40 CFR 260.20, “Federal Register” is defined as the Idaho Administrative Bulletin.

11. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. 40 CFR Part 261 and all Subparts (excluding 261.4(b)(17)), except the language “in the Region where the sample is collected” in 40 CFR 261.4(e)(3)(iii), are incorporated by reference in Section 002. For 40 CFR 261.10 and 40 CFR 261.11, “Administrator” is defined as the EPA Administrator. For purposes of 40 CFR 261.4(b)(11)(ii), 40 CFR 261.39(a)(5), 40 CFR 261.41, and 40 CFR 261 Appendix IX, “EPA” is defined as the EPA. Copies of annual reports and advance notifications under these sections must also be sent to the Director.(3-24-22)

12. Hazardous Secondary Materials Managers Emergency Notification. In addition to the emergency notification provided in 40 CFR 261.411(d)(3) and 261.420(f)(4)(ii), the emergency coordinator must also immediately notify the Idaho Office of Emergency Management by telephone, 1-800-632-8000, to file an identical report.(3-24-22)

13. Excluded Wastes. Chemically Stabilized Electric Arc Furnace Dust (CSEAFD) generated by US Ecology Idaho, Inc. (USEI), formerly Envirosafe Services of Idaho, at USEI’s facility in Grand View, Idaho, using the Super Detox(R) treatment process as modified by USEI and that is disposed of in a Subtitle D or Subtitle C landfill, is excluded from the lists of hazardous waste provided USEI implements a program that meets the following conditions.(3-24-22)

a.Verification Testing. Sample Collection and analyses, including quality control procedures, conducted pursuant to Subsections 005.02.b. and 005.02.c., must be performed according to SW-846 methodologies and the RCRA Part B permit, including future revisions.(3-24-22)

b.Initial Verification Testing.(3-24-22)

i.For Subsection 005.02.b., “new source” means any generator of Electric Arc Furnace Dust (EAFD), EPA and Idaho Department of Environmental Quality Hazardous Waste No. KO61, whose waste has not previously been processed by USEI using the Super Detox(R) treatment process resulting in processed EAFD which has been subjected to initial verification testing and has demonstrated compliance with the delisting levels specified in Subsection 005.02.d.(3-24-22)

ii. Before the initial treatment of any new source of EAFD, USEI must notify the Department in writing. The written notification includes:(3-24-22)

(1) The waste profile information; and(3-24-22)

(2) The name and address of the generator.(3-24-22)

iii. The first four (4) consecutive batches treated must be sampled in accordance with Subsection 005.02.a. Each of the four (4) samples must be analyzed to determine if the CSEAFD generated meets the delisting levels specified in Subsection 005.02.d.(3-24-22)

iv. If the initial verification testing demonstrates that the CSEAFD samples meet the delisting levels specified in Subsection 005.02.d., USEI must submit the operational and analytical test data, including quality control information, to the Department in accordance with Subsection 005.02.f. Subsequent to such data submittal, the CSEAFD generated from EAFD originating from the new source must be considered delisted.(3-24-22)

v.CSEAFD generated by USEI from EAFD originating from a new source must be managed as hazardous waste in accordance with Subtitle C of RCRA until:(3-24-22)

(1) Initial verification testing demonstrates that the CSEAFD meets the delisting levels specified in Subsection 005.02.d.; and(3-24-22)

(2) The operational and analytical test data is submitted to the Department pursuant to Subsection 005.02.b.iv.(3-24-22)

vi. For Subsections 005.02.b. and 005.02.c., “batch” means the CSEAFD that results from a single treatment episode in a full scale mixing vessel.(3-24-22)

c.Subsequent Verification Testing.(3-24-22)

i.Subsequent to initial verification testing, USEI must collect a representative sample, in accordance with Subsection 005.02.a., from each batch of CSEAFD generated. USEI may, at its discretion, conduct subsequent verification testing on composite samples. A composite sample may consist of representative samples from a maximum of twenty (20) batches of CSEAFD.(3-24-22)

ii. The samples must be analyzed before disposal of each batch of CSEAFD to determine if the CSEAFD meets the delisting levels specified in Subsection 005.02.d.(3-24-22)

iii. Each batch of CSEAFD generated by USEI must be subjected to subsequent verification testing no later than thirty (30) days after it is generated.(3-24-22)

iv. If the levels of constituents measured in a sample, or composite sample, of CSEAFD do not exceed the levels set forth in Subsection 005.02.d., any batch of CSEAFD which contributed to the sample that does not exceed the levels set forth in Subsection 005.02.d. is non-hazardous and may be managed at or disposed of in a Subtitle D or Subtitle C landfill.(3-24-22)

v.If the constituent levels in a sample, or composite sample, exceed any of the delisting levels set forth in Subsection 005.02.d., USEI must submit written notification of the results of the analysis to the Department within fifteen (15) days from receiving the final analytical results, and any CSEAFD which contributed to the sample must be:(3-24-22)

(1) Retested, and retreated if necessary, until it meets the levels set forth in Subsection 005.02.d.; or (2) Managed and disposed of in accordance with Subtitle C of RCRA.(3-24-22)

vi. Each batch of CSEAFD must be managed as hazardous waste in accordance with Subtitle C of RCRA until subsequent verification testing demonstrates that the CSEAFD meets the delisting levels specified in Subsection 005.02.d.(3-24-22)

d.Delisting Levels.(3-24-22)

i.All leachable concentrations for these metals must not exceed the following levels (mg/l):

ii. Metal concentrations must be measured in the waste leachate by the method specified in 40 CFR Part 261.24.(3-24-22) antimony0.06mercury0.009 arsenic0.50nickel1 barium7.60selenium0.16 beryllium0.010silver0.30 cadmium0.050thallium0.020 chromium0.33vanadium2 lead0.15zinc70

e.Modification of Treatment Process.(3-24-22)

i.If USEI proposes to modify the Super Detox(R) treatment process from the description of the process as set forth in USEI’s Petition for Delisting Treated K061 Dust by the Super Detox(R) Process submitted to the Department on July 14, 1995 (available at the Department’s state office), USEI must notify the Department in writing before implementing the modification.(3-24-22)

ii. After USEI’s receipt of written approval from the Department, and subject to any conditions included with the approval, USEI may implement the proposed modification.(3-24-22)

iii. If USEI modifies its treatment process without first receiving written approval from the Department, this exclusion of waste will be void from the time the process was modified.(3-24-22)

f.Records and Data Retention and Submittal.(3-24-22)

i.Records of disposal site, operating conditions and analytical data from verification testing must be compiled, summarized, and maintained at USEI’s Grand View facility for a minimum of five (5) years from the date the records or data are generated.(3-24-22)

ii. The records and data maintained by USEI must be furnished upon request to the Department or EPA.(3-24-22)

iii. Failure to submit requested records or data within ten (10) business days of receipt of a written request or failure to maintain the required records and data on site for the specified time, will be considered by the Department, at its discretion, sufficient basis to revoke the exclusion to the extent directed by the Department.

iv. All records or data submitted to the Department must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the records or data submitted: “Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations, I certify that the information contained in or accompanying this document is true, accurate, and complete. As to any identified sections of this document for which I cannot personally verify the truth and accuracy, I certify as the USEI official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate, and complete. In the event that any of this information is determined by the Department in its sole discretion to be false, inaccurate, or incomplete, and upon conveyance of this fact to USEI, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by the Department and that USEI will be liable for any actions taken in contravention of USEI’s RCRA and CERCLA obligations premised upon USEI’s reliance on the void exclusion.”(3-24-22)

IDAPA 58.01.05.006 Standards Applicable to Generators of Hazardous Waste

1. Incorporation by Reference. 40 CFR Part 262 and all Subparts, except for the language “for the Region in which the generator is located” in 40 CFR 262.42(a)(2) and 40 CFR 262.42(b), are incorporated by reference in Section 002. For 40 CFR 262.20, 262.21, 262.24, 262.25, 262.32, 262.82, 262.83, and 262.84, “EPA” is defined as the EPA. Copies of advance notification, annual reports, and exception reports, required under those sections, must also be provided to the Director. For 40 CFR Part 262, Subpart H, “United States or U.S.” is defined as the United States.(3-24-22)

2. Generator Emergency Notification. In addition to the emergency notification provided in 40 CFR 262.16(b)(9)(iv)(C) and 262.265(d)(2), (see 40 CFR 262.17(a)(6), 263.30(c)(1), 264.56(d)(2), and 265.56(d)(2)) the emergency coordinator must also immediately notify the Idaho Office of Emergency Management by telephone, 1- 800-632-8000, to file an identical report.(3-24-22)

3. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE. 40 CFR Part 263 and all Subparts are incorporated by reference in Section 002. For 40 CFR 263.20(g), 263.20(g)(1), 263.20(g)(4), 263.21(a)(4), and 263.22(d), “United States” is defined as the United States. For 40 CFR 263.20(a), “EPA” is defined as the EPA. (3-24-22)

IDAPA 58.01.05.008 Standards for Owners and Operators of Hazardous Waste Treatment,

STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 264 and all Subparts (excluding 40 CFR 264.1(f), 264.1(g)(12), 264.149, 264.150, 264.301(l), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f) and 264.1080(g)) are incorporated by reference in Section 002.

For 40 CFR Subsection 264.12(a), “Regional Administrator” is defined as the EPA Region 10 Regional Administrator. For 40 CFR 264.71 and 264.1082(c)(4)(ii), “EPA” is defined as the EPA.(3-24-22)

IDAPA 58.01.05.009 Interim Status Standards for Owners and Operators of Hazardous Waste

TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 265, and all Subparts (excluding Subpart R, 40 CFR 265.1(c)(4), 265.1(c)(15), 265.149, 265.150, 265.1030(c), 265.1050(f), 265.1080(e), 265.1080(f), and 265.1080(g)), except the language contained in 40 CFR 265.340(b)(2) is replaced with: “The following requirements continue to apply even when the owner or operator has demonstrated compliance with the MACT requirements of part 63, subpart EEE of this chapter: 40 CFR 265.351 (closure) and the applicable requirements of Subparts A through H, BB and CC of this part,” are incorporated by reference in Section 002. For 40 CFR Subsection 265.12(a), “Regional Administrator” is defined as the EPA Region 10 Regional Administrator. For 40 CFR 265.71 and 265.1083(c)(4)(ii), “EPA” is defined as the EPA. (3-24-22)

IDAPA 58.01.05.010 Standards for the Management of Specific Hazardous Wastes and

SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES. 40 CFR Part 266 and all Subparts are incorporated by reference in Section 002.(3-24-22)

11. LAND DISPOSAL RESTRICTIONS. 40 CFR Part 268 and all Subparts are incorporated by reference in Section 002, except for 40 CFR 268.1(e)(3), 268.5, 268.6, 268.13, 268.42(b), and 268.44(a) through (g). The authority for implementing the provisions of these excluded sections remains with the EPA. However, the provisions of Sections 39-4403(17) and 39-4423, Idaho Code, must be applied in all cases where these provisions are more stringent than the federal standards. If the Administrator of the EPA grants a case-by-case variance pursuant to 40 CFR 268.5, that variance will simultaneously create a case-bycase variance to the equivalent provision of these rules. For 40 CFR 268.2(j) “EPA” is defined as the EPA. For 40 CFR 268.40(b), “Administrator” is defined as the EPA Administrator. In 40 CFR 268.7(a)(9)(iii), “D009” is excluded, (from lab packs as noted in 40 CFR Part 268 Appendix IV.(3-24-22)

12. HAZARDOUS WASTE PERMIT PROGRAM. 40 CFR Part 270 and all Subparts, except 40 CFR 270.1(c)(2)(ix), 270.12(a) and 40 CFR 270.14(b)(18), are incorporated by reference in Section 002. For 40 CFR 270.2, 270.5, 270.10(e)(2), 270.10(e)(3), 270.10(f)(2), 270.10(f)(3), 270.10(g), 270.11(a)(3), 270.32(a), 270.32(b)(2), 270.32(c), 270.51, 270.72(a)(5), and 270.72(b)(5), “EPA” and “Administrator” or “Regional Administrator” is defined as the EPA and the EPA Region 10 Regional Administrator, respectively.(3-24-22)

IDAPA 58.01.05.013 Procedures for Decision-Making (state Procedures for Rcra or Hwma

PERMIT APPLICATIONS). 40 CFR Part 124, Subparts A, B and G are incorporated by reference in Section 002, except that the last sentence of 40 CFR 124.10(b)(1), 40 CFR 124.15(b)(2), 40 CFR 124.19, the fourth sentence of 40 CFR 124.31(a), the third sentence of 40 CFR 124.32(a), and the second sentence of 40 CFR 124.33(a) are expressly omitted from the incorporation by reference of each of those subsections. For 40 CFR 124.6(e), 124.10(b), and 124.10(c)(1)(ii) “EPA” and “Administrator” or “Regional Administrator” is defined as the EPA and the EPA Region 10 Regional Administrator, respectively.(3-24-22)

IDAPA 58.01.05.014 (Reserved)

IDAPA 58.01.05.015 Standards for the Management of Used Oil

1. Incorporation by Reference. 40 CFR Part 279 and all Subparts are incorporated by reference in Section 002. For 40 CFR 279.43(c)(3)(ii) “Director” is defined as the Director, U.S.DOT Office of Hazardous Materials Regulation.(3-24-22)

2. Used Oil as a Dust Suppressant. 40 CFR Part 279 contains a prohibition on the use of used oil as a dust suppressant at 279.82(a); however, states may petition the EPA to allow the use of used oil as a dust suppressant. Members of the public may petition the state to make this application to the EPA. This petition must:

a.Be submitted to the Idaho Department of Environmental Quality, 1410 North Hilton, Boise, Idaho 83706-1255; and(3-24-22)

b.Demonstrate how the provisions of 40 CFR 279.82(b) will be met.(3-24-22)

16. STANDARDS FOR UNIVERSAL WASTE MANAGEMENT. 40 CFR Part 273 and all Subparts are incorporated by reference in Section 002. For 40 CFR 273.32(a)(3), “EPA” is defined as the EPA.(3-24-22)

IDAPA 58.01.05.017 Criteria for the Management of Granular Mine Tailings (chat) in Asphalt

CONCRETE AND PORTLAND CEMENT CONCRETE IN TRANSPORTATION CONSTRUCTION

PROJECTS FUNDED IN WHOLE OR IN PART BY FEDERAL FUNDS. 40 CFR Part 278 and all Subparts are incorporated by reference in Section 002.(3-24-22)

IDAPA 58.01.05.018 Standards for Owners and Operators of Hazardous Waste Facilities

OPERATING UNDER A STANDARDIZED PERMIT. 40 CFR Part 267 and all Subparts, except 40 CFR 267.150, are incorporated by reference in Section 002. (3-24-22)

IDAPA 58.01.05.019 (Reserved)

IDAPA 58.01.05.355 Hazardous Waste Facility Siting License Fee

These rules have the license fee criteria set forth in Section 39-4434(2), Idaho Code.(3-24-22)

1. Fee Scale. Except as provided in Subsection 355.02, the fee provided in HWFSA and these rules will be determined using the table below. a.“Projected Waste Volume” means the total actual or potential hazardous waste volume, in gallons or an equivalent measurement, proposed for the hazardous waste facility.(3-24-22) b.“Site Size” means the sum in acres of all proposed “Hazardous Waste Management Unit(s)” as defined in Section 004 (40 CFR 260.10).(3-24-22)

2. Fee for Facilities Required to Submit Engineering or Hydrogeological Information. For any proposed commercial hazardous waste TSD facility or any on-site land disposal facility for wastes listed pursuant to Section 201(d)(2) and (e), as modified by Section 209 of the Federal Hazardous and Solid Waste Amendments of 1984, which must submit engineering or hydrogeological information to indicate compliance with technical criteria as adopted in the Hazardous Waste Management Plan, the fee is seven thousand five hundred dollars ($7,500).

3. Expansion, Enlargement or Alteration of a Commercial Hazardous Waste TSD Facility or Any On-Site Land Disposal Facility for Wastes Listed Pursuant to Section 201(D)(2) and (E), as Modified by Section 209 of the Hazardous and Solid Waste Amendments of 1984. The significant expansion, enlargement or LICENSE FEE SCALE - PROJECTED HAZARDOUS WASTE VOLUME (gallons)

Site SizeUp to 10,00010,000 - 20,000More Than 20,000 1 acre or greater$3,000$4,000$7,500 Equal to or greater than 1/2 acre, but less than 1 acre $4,000$5,000$7,500 Less than 1/2 acre$5,000$6,000$7,500 alteration of a hazardous waste TSD facility in existence on July 1, 1985, constitutes a new proposal for which a siting license is required and for which a fee must be paid.(3-24-22)

4. Fee Nonrefundable. The fee is nonrefundable and may not be applied toward any subsequent application if the application is cancelled, withdrawn, or denied.(3-24-22)

IDAPA 58.01.05.356 Variance Applications for Tsd Facilities or Sites

1. Application Contents and Standard of Review. Applications must be submitted in triplicate and contain detailed plans, specifications, and information regarding objectives, procedures, controls, and other pertinent data as the Director may require.(3-24-22)

2. Standard Of Review. The Director may grant a variance only if the applicant demonstrates to the Director’s satisfaction that construction and operation of the TSD facility or site in the manner allowed by the variance and any term or condition imposed as part of the variance:(3-24-22)

a.Will avert unnecessary and significant hardship;(3-24-22)

b.Is consistent with EPA provisions; and(3-24-22)

c.Will not create a nuisance or a hazard to the public health, safety or the environment. (3-24-22)

3. Public Hearings. The Director may hold a public hearing on an initial application for a variance and will hold a public hearing on any application to renew or extend a variance. The public hearing will be held at a location in the county where the operations that are the subject of the application are conducted unless the Director determines that a different location or virtual format is more appropriate and convenient for interested members of the public. The Director will give at least twenty (20) days’ notice of the hearing to the applicant by certified mail and publish at least one (1) notice in a newspaper with general circulation in either the county where the operation is conducted or the county where the hearing is to be held. The Director will maintain a complete record of the testimony and the evidence submitted at the hearing.(3-24-22)

4. Public Information. All information submitted as part of a variance application is public information and not subject to any claim of confidentiality. The information will be made available for public inspection at the Department’s state office and following locations:(3-24-22)

a.Application –- appropriate regional office; and(3-24-22)

b.Current list of pending applications and schedule of pending hearings -– all regional offices.

5. Director's Decision. No variance will be granted or denied until the Director has considered the relative interests of the applicant, other persons and property affected by the variance, and the public. Any variance granted will be for a period specified by the Director but not more than one (1) year. No variance will be granted or denied without a written order stating the findings upon which the decision is based.(3-24-22)

6. Applicant to Bear Costs. The cost of public notice, recording and transcribing of testimony, and hearing facilities must be borne by the applicant whether or not a variance is granted.(3-24-22)

IDAPA 58.01.05.357 (Reserved)

IDAPA 58.01.05.500 Routing of Hazardous Waste Shipments

1. Transporting. Any person transporting a quantity of hazardous waste which requires a manifest must, to the extent possible:(3-24-22)

a.Use state, United States and interstate highways; and(3-24-22)

b.Avoid municipalities and population centers even when doing so may add miles to the distance traveled.(3-24-22)

2. Director's Conditions. The Director may, upon a finding that a shipment or shipments of hazardous waste constitutes a greater than normal risk to the public health, safety or environment, prescribe by order particular conditions for that shipment or shipments including, but not limited to, special placarding; pilot vehicles; and routing, parking, and timing restrictions.(3-24-22)

IDAPA 58.01.05.501 (Reserved)

IDAPA 58.01.05.800 Inspection Plan -- Frequency Levels

The Department may, as time and resources permit, conduct regular inspections of persons or entities subject to these rules, their records, and property at approximately the following frequency levels based upon potential risk to the public health or environment.(3-24-22)

1. Commercial TSD Facilities or Sites or Offsite Generator TSD Facilities or Sites. Up to every day.

2. Generator On-Site TSD Facilities or Sites. Up to twenty (20) times per year.(3-24-22)

3. Transport Vehicles. As necessary.(3-24-22)

4. Transport Facilities or Sites. Up to twelve (12) times per year.(3-24-22)

5. Generators. Generators -- up to twelve (12) times per year.(3-24-22)

6. Conduct Inspections. Nothing in the schedule of frequency levels in Subsections 800.01 through 800.05 may be construed as limiting the Department’s authority to conduct inspections when there is reasonable cause to suspect a violation of HWMA or these rules. The Director may by policy guidance memorandum modify the inspection frequency levels as necessary for the effective or efficient enforcement of HWMA and these rules.

IDAPA 58.01.05.801 (Reserved)

IDAPA 58.01.05.850 Illegal Actions

1. False Statements or Representations. Any person who makes a false statement or representation in any application, label, manifest, record, report, permit or other document filed, maintained or used for complying with these rules or HWMA commits a violation. Each false statement or representation constitutes a separate and distinct violation for which civil penalties may be imposed. Any person who knowingly makes a false statement or representation of the type described above is, in addition to civil penalties, subject to criminal prosecution for the commission of a misdemeanor for each statement or representation.(3-24-22)

2. Failure to Comply with These Rules, the HWMA, or Other Requirements. Any person who violates these rules, HWMA, or any permit, standard, condition, requirement, compliance agreement or order issued pursuant to these rules or HWMA thereby commits a violation. Civil penalties may be imposed for each separate violation and for each day of continuing violation. Any person who knowingly commits a violation of the type described above is, in addition to civil penalties, subject to criminal prosecution for the commission of a misdemeanor for each separate violation and for each day of a continuing violation.(3-24-22)

IDAPA 58.01.05.851 (Reserved)

IDAPA 58.01.05.900 Expenditures from Hazardous Waste Emergency Account

The Director may declare a hazardous waste emergency if the public health, safety or the environment are threatened by a release or threat of release of a hazardous waste or a substance which has become a hazardous waste. Following a hazardous waste emergency declaration, the Department may spend or obligate to be spent up to two hundred thousand dollars ($200,000) from the Hazardous Waste Emergency Account, Section 39-4417, Idaho Code, to obtain equipment and materials, conduct investigations, test samples, and employ personnel as necessary or eliminate or mitigate the immediate threat and stabilize the situation. The Director may authorize the expenditure or obligation of more than two hundred thousand dollars ($200,000) from this account in any given situation upon a finding by the Board that a greater expenditure or obligation is prudent and necessary to protect the public health, safety or environment.(3-24-22)

IDAPA 58.01.05.901 (Reserved)

IDAPA 58.01.05.996 Administrative Provisions

Administrative appeals of agency actions are governed by IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-24-22)

IDAPA 58.01.05.997 (Reserved)

58.01.10 Rules Regulating the Disposal of Radioactive Materials Not Regulated Under the Atomic Energy Act of 1954, As Amended

IDAPA 58.01.10.000 Legal Authority

Sections 39-105, 39-107, and 39-4405, Idaho Code.(7-1-25)

IDAPA 58.01.10.001 Scope

These rules regulate the disposal of radi oactive materials not regulated under the Atomic Energy Act of 1954, As Amended, at facilities permitted and subject to the requirements of the Idaho Hazardous Waste Management Act, Chapter 44, Title 39, Idaho Code, and the Idaho Hazardous Waste Facility Siting Act, Chapter 58, Title 39, Idaho Code. These rules do not regulate NORM or TENORM waste from the production of elemental phosphorus or from the production of phosphate fertilizers, that includes the production of wet and purified phosphoric acid. These rules also place restrictions on disposal of certain radioactive materials at municipal solid waste landfills and identify other approved disposal options for radioactive materials.(7-1-25)

IDAPA 58.01.10.002 (Reserved)

IDAPA 58.01.10.003 Administrative Appeals

Persons may be entitled to appeal agenc y actions authorized under this chapter pursuant to IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-31-22)

IDAPA 58.01.10.004 Incorporation by Reference

01.Standards for Protection Against Radiation. 10 CFR Part 20, rev ised as of January 1, 2024, are incorporated by reference into these rules with the following exclusions: Subparts K, M, O, and 10 CFR Sections 20.1001, 20.1002, and 20.1006 through 20.1009.(7-1-25)

02.Unimportant Quantities of Source Material. 10 CFR 40.13, revised as of January 1, 2024.

IDAPA 58.01.10.005 (Reserved)

IDAPA 58.01.10.010 Definitions

In addition to the definitions found in Section 39-4403, Idaho Code, terms in this chapter have the following definitions.(7-1-25)

01.Accelerator-Produced Radioactive Material. Any material made radioactive by a particle accelerator.(3-31-22)

02.Byproduct Material.(7-1-25)

a.Any radioactive material (except special nuclear material) yielded in, or made radioactive by, exposure to the radiation incident to the process of producing or utilizing special nuclear material.(7-1-25)

b.The tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not constitute “byproduct material” within this definition.(7-1-25)

c.Any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; or any material that:(3-31-22)

i.Has been made radioactive by use of a particle accelerator; and(3-31-22)

ii.Is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and(3-31-22)

d.Any discrete source of naturally occurring radioactive material, other than source material, that:

i.The U.S. Nuclear Regulatory Commission, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium- 226 to the public health and safety or the common defense and security; and(3-31-22)

ii.Before, on, or after August 8, 2005, is extracted for use in a commercial, medical, or research activity.(3-31-22)

03.Exempt Quantities and Concentrations of Byproduct Materials. Radioactive materials defined as exempt byproduct materials by the U.S. Nuclear Regulatory Commission (10 CFR 30.14 through 30.15, 10 CFR 30.18 through 30.21, 10 CFR 32.11 and 10 CFR 32.18).(3-31-22)

04.Licensee. When used in the context of 10 CFR and these rules, the definition is Operator or Owner.

05.Naturally Occurring Radioactive Material (NORM). Materials which contain any of the primordial radionuclides or radioactive elements as they occur in nature, such as radium, uranium, thorium, potassium, and their radioactive decay products.(7-1-25)

06.Operator. Any person(s) currently responsible, or responsible at the time of disposal, for the overall operation of a hazardous waste treatment, storage or disposal facility or part of a hazardous waste treatment, storage or disposal site.(3-31-22)

07.Owner. Any person(s) who currently owns, or owned at the time of disposal, a hazardous waste treatment, storage or disposal facility or part of a hazardous waste treatment, storage or disposal site.(3-31-22)

08.Radioactive Material. Radioactive Material includes:(3-31-22)

a.Technologically Enhanced Naturally Occurring Radioactive Material;(3-31-22)

b.Byproduct material authorized for disposal pursuant to 10 CFR 20.2008(b);(3-31-22)

c.Exempt Quantities and Concentrations of Byproduct Materials;(3-31-22)

d.Unimportant Quantities of Source Material, not including the natural uranium and thorium concentrations of rocks or soils; and(7-1-25)

e.Any other byproduct, source material, or special nuclear material or devices or equipment utilizing such material, which has been exempted or released from radiological control or regulation under the Atomic Energy Act of 1954, as amended, to be disposed of in a commercial hazardous waste facility as regulated pursuant to the rules, permit requirements, and acceptance criteria provided for by Chapter 44, Title 39, Idaho Code.(3-31-22)

09.Reasonably Maximally Exposed Individual. That individual or group of individuals who by reason of location has been determined, through the use of environmental transport modeling and dose calculation, to receive the highest total effective dose equivalent from radiation emitted from the site and/or radioactive material transported off-site.(3-31-22)

10.Source Material.(7-1-25)

a.Uranium or thorium, or any combination thereof, in any physical or chemical form; or(3-31-22)

b.Ores which contain by weight one-twentieth of one percent (0.05%) or more of:(3-31-22)

i.Uranium;(3-31-22)

ii.Thorium; or(3-31-22)

iii.Any combination thereof.(3-31-22)

c.Source material does not include special nuclear material.(3-31-22)

11.Special Nuclear Material.(7-1-25)

a.Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the U.S. Nuclear Regulatory Commission determines to be special nuclear material.(7-1-25)

b.Any material artificially enriched by any of the material listed in Subsection 010.12.a.(3-31-22)

12.Technologically Enhanced Naturally Occurring Radioactive Material (TENORM). Naturally occurring radioactive material whose radionuclide concentrations are increased by or as a result of past or present human practices.(7-1-25)

13.Total Effective Dose Equivalent (TEDE). The sum of the effective dose equivalent (for external exposures) and the committed effective dose equivalent (for internal exposures).(7-1-25)

14.Unimportant Quantities of Source Material. Unimportant quantities of source materials defined by the U.S. Nuclear Regulatory Commission (10 CFR 40.13).(7-1-25)

IDAPA 58.01.10.011 (Reserved)

IDAPA 58.01.10.019 Notification of Radioactive Materials

Any person with knowledge of the transfer, or proposed transfer, of radioactive materials for disposal to any location other than a location authorized by Section 020 to receive radioactive materials for disposal must notify the Department of the transfer as soon as the transfer takes place or as soon as the person learns of the transfer, or proposed transfer, whichever is sooner.(7-1-25)

IDAPA 58.01.10.020 Radiation Protection Standards

01.General Protection Standards.

a.All owners and operators must conduct operations in a manner consistent with radiation protection standards contained in 10 CFR Part 20;(7-1-25)

b.No owner or operator may conduct operations, create, use or transfer radioactive materials in a manner such that any member of the public will receive an annual Total Effective Dose Equivalent (TEDE) in excess of one hundred (100) millirem per year (1 milliseivert/year); and(7-1-25)

c.No person may release radioactive materials for unrestricted use in such a manner that the reasonably maximally exposed individual will receive an annual TEDE in excess of fifteen (15) millirem per year (fifteen one-hundredths (0.15) milliseivert/year) excluding natural background.(7-1-25)

02.Protection of Workers During Operations. All owners and operators must conduct operations in a manner consistent with radiation protection standards for occupation workers contained in 10 CFR Part 20.

03.Disposal of Radioactive Material. No person, owner, or operator may dispose of radioactive materials by any method other than:(7-1-25)

a.At a permitted treatment, storage or disposal facility under the authority of Chapter 44, Title 39, Idaho Code, provided that the facility owner or operator complies with each of the following:(7-1-25)

i.Department-approved waste acceptance criteria for radioactive material;(7-1-25)

ii.A Department-approved closure program that provides reasonable assurance that the radon emanation rate from the closed disposal unit will not exceed twenty (20) picocuries per square meter per second averaged across the entire area of the closed disposal unit and meets the requirements in Subsection 020.01.b.; and

iii.A Department-approved environmental monitoring program that monitors air, groundwater, surface water, and soil for radionuclides and ambient radiation levels at the boundary of the facility and which demonstrates that no member of the general public is likely to exceed a radiation dose of one hundred (100) millirem (one (1) milliseivert) per year from operations conducted at the site.(7-1-25)

b.In accordance with alternate methods authorized by the Department upon application or upon the Department’s initiative, consistent with Section 020.01 and all applicable state statutes and regulations.(3-31-22)

04.Prohibit Disposal at a Municipal Solid Waste Landfill. No person may dispose of radioactive material at a municipal solid waste landfill, except for individual consumer products containing radioactive material or as authorized under Subsection 020.03.b.(7-1-25)

IDAPA 58.01.10.021 (Reserved)

IDAPA 58.01.10.030 Records

Records of disposal, such as a manifest or bill of landing, must be maintained for three (3) years.(7-1-25)

IDAPA 58.01.10.031 (Reserved)

IDAPA 58.01.10.040 Violations

01.Failure to Comply. Fai lure by any person, owner, or operator to comply with the provisions of these rules will be deemed a violation of these rules.(7-1-25)

02.Falsification of Statements and Records. It is a violation of these rules for any person, owner, or operator to knowingly make a false statement, representation, or certification in any document or record developed, maintained, or submitted pursuant to these rules.(7-1-25)

03.Penalties. Any person violating any provision of these rules or order issued thereunder may be liable for civil penalty in accordance with Chapter 44, Title 39, Idaho Code.(7-1-25)

IDAPA 58.01.10.041 (Reserved)

58.01.09 Rules Regulating Swine Facilities

IDAPA 58.01.09.000 Legal Authority

The Idaho Legislature has given the Idaho Board of Environm ental Quality the authority to promulgate these rules pursuant to Sections 39-104A, 39-105, 39-107, and 39-7906, Idaho Code.(3-24-22)

IDAPA 58.01.09.001 Title and Scope

01.Title.

These rules are titled IDAPA 58.01.09, “Rules Regulating Swine Facilities.”(3-24-22)

02.Scope. These rules establish the procedures for the issuance of a permit to construct, operate, close, or expand swine facilities of a defined capacity. The intent is to ensure animal waste from swine facilities is properly controlled to not adversely affect public health or the environment.(3-24-22)

IDAPA 58.01.09.002 Administrative Appeals

Persons may be entitled to appeal agency actions auth orized under these rules pursuant to IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-24-22)

IDAPA 58.01.09.003 (Reserved)

IDAPA 58.01.09.010 Definitions

The terms “department,” “director,” an d “waters” have the meaning provided for those terms in Section 39-103, Idaho Code. The terms “animal unit,” “facilities or facility,” and “one-time animal unit capacity” have the meaning provided for those terms in Section 39-104A(6), Idaho Code. The terms “animal waste,” “animal waste management system,” “applicant,” “certified planner,” “existing facility,” “land application,” “nutrient management plan,”

“nutrient management standard,” “operate,” “permit,” “person ,” and “process wastewater” have the meaning provided for those terms in Section 39-7903, Idaho Code.(3-24-22)

01.New or Expanding.

A facility being newly proposed to operate after July 1, 2000, and having a one-time animal unit capacity of two thousand (2,000) or more animal units, and expanding facilities or a facility of less than two thousand (2,000) animal units that increases its one-time animal unit capacity to two thousand (2,000) or more animal units or a facility that increases its one-time animal unit capacity by ten percent (10%) measured cumulatively from April 1, 2000.(3-24-22)

02.Unauthorized Discharge. A release of animal waste to the environment or waters that is not authorized by the permit or the terms of an IPDES permit.(3-24-22)

IDAPA 58.01.09.011 (Reserved)

IDAPA 58.01.09.100 Applicability

01.Permit. No perso n may construct, operate, or expand a regulated facility without first obtaining a permit issued by the Director as provided in these rules.(3-24-22)

02.Common Control. Two (2) or more facilities under common control of the same person may be considered, for purposes of permitting, a single facility, even though separately their capacity is less than two thousand (2,000) animal units each, if they use a common animal waste management system or land application site.

IDAPA 58.01.09.101 (Reserved)

IDAPA 58.01.09.200 Permit Application

A person must submit a complete permit application and fees to the Department.(3-24-22) 01.

Preapplication Conference. Applicants are encouraged to meet with the Department prior to submitting an application to discuss the permitting process.(3-24-22)

02.Content. A complete application must contain the information identified in Subsections 200.03 through 200.10 and include payment of the applicable fee. (3-24-22)

03.Facility and Operator Information.(3-24-22)

a.Name, mailing address, and phone number of each facility owner and operator.(3-24-22)

b.Name and mailing address of the facility.(3-24-22)

c.Legal description of the facility location.(3-24-22)

d.The legal structure of the entity owning the facility, including the names and addresses of all directors, officers, registered agents and partners.(3-24-22)

e.The names and locations of all facilities owned and/or operated by the applicant within the last ten (10) years.(3-24-22)

f.The one-time animal unit capacity of the facility.(3-24-22)

g.The size and type of swine to be confined at the facility.(3-24-22)

h.Evidence a valid water right exists to supply adequate water for the facility or a copy of either an application for permit to appropriate water or an application to change the point of diversion, place, period and nature of use of an existing water right that has been filed with the Idaho Department of Water Resources which, if approved, will supply adequate water for the operation.(3-24-22)

i.The facility’s biosecurity and sanitary standards.(3-24-22)

j.A statement of estimated annual income and operating expenses that demonstrate, to the satisfaction of the Department, financial capability to operate the facility.(3-24-22)

04.Written Estimate of Costs and Financial Assurance. A written estimate of costs for remediation and closure and proof of financial assurance to the Department for approval in accordance with Section 205.

05.Construction Plan. Plans and specifications for the facility’s animal waste management system that include:(3-24-22)

a.Vicinity map(s) prepared on one (1) or more seven and one-half minute (7.5') USGS topographic quadrangle maps or a high quality reproduction(s) showing:(3-24-22)

i.The layout of the facility, including buildings and animal waste management system;(3-24-22)

ii.The one hundred (100) year FEMA flood zones or other appropriate flood data for the facility site and land application sites owned or leased by the applicant;(3-24-22)

iii.The location of occupied dwellings, public and private gathering places, such as schools, churches and parks, and incorporated municipalities which are within a two (2) mile radius of the facility; and(3-24-22)

iv.Private and community domestic water wells, irrigation wells, irrigation conveyance and drainage structures, monitoring wells, wetlands, streams, springs, and reservoirs which are within a one (1) mile radius of the facility; and(3-24-22)

b.Facility construction specifications including:(3-24-22)

i.A site plan showing:(3-24-22)

(1)Building locations;(3-24-22)

(2)Waste facilities;(3-24-22)

(3)All waste conveyance systems; and(3-24-22)

(4)All irrigation systems used for land application, including details of approved water supply protection devices; and(3-24-22)

ii.Building plans showing:(3-24-22)

(1)All wastewater collection systems in housed units;(3-24-22)

(2)All freshwater supply systems, including details of approved water supply protection devices;

(3)Detailed drawings of wastewater collection and conveyance systems and containment construction; and(3-24-22)

(4)Detailed construction and installation procedures.(3-24-22)

06.Site Characterization. A characterization of the facility and any land application site(s) owned or operated by the applicant, prepared by a registered professional geologist, a registered professional engineer or a qualified ground water hydrologist, that including:(3-24-22)

a.A description of monitoring methods, frequency, and reporting components related to either leak detection systems and/or ground water monitoring wells;(3-24-22)

b.The climatic, hydrogeologic, and soil characteristics;(3-24-22)

c.The depth to water and a potentiometric map for the uppermost and regional aquifer;(3-24-22)

d.The vertical and horizontal conductivity, gradient, and ground water flow direction and velocity;

e.Estimates of recharge to the uppermost aquifer;(3-24-22)

f.Information which characterizes the relationship between the ground water and adjacent surface waters; and(3-24-22)

g.A summary of local ground water quality data.(3-24-22)

07.Nutrient Management Plan. A plan prepared by a Certified Planner demonstrating compliance with the Nutrient Management Standard for land application.(3-24-22)

08.Closure Plan. A plan describing the procedures for final closure of a facility that ensures no adverse impacts to the environment and waters of the state and includes:(3-24-22)

a.The estimated length of operation of the facility; and(3-24-22)

b.A description of the procedures, methods, and schedule to be implemented at the facility for final disposal, handling, management and/or treatment of all animal waste.(3-24-22)

09.Other Information. An applicant must provide any other information relative to Subsections 200.03 through 200.08 deemed necessary by the Director to assess protection of human health and the environment

10.Application Fee. The appropriate application fee is due with the application submittal.

One-time Animal Unit CapacityFee Less than 5,000$3,000

IDAPA 58.01.09.201 (Reserved)

IDAPA 58.01.09.205 Financial Assurance Requirements

Financial assurance mechanisms identified and submitted must meet the following general and specific conditions.

01.Written Estimate of Costs.(3-24-22)

a.Detail the cost of hiring a third party to remediate potential contamination caused by the operation of the facility or of any potential spill or breech, including, without limitation, remediation pursuant to the facility’s spill contingency plan, and closing the facility in accordance with an approved closure plan.(3-24-22)

b.Revisions to remediation and closure cost estimates and the amount of financial assurance are to be submitted to the Department if changes to the closure plan, facility conditions or operations, or inflation changes the cost estimates at any time during the active life of the facility.(3-24-22)

02.General Conditions.

a.Proof of financial capability, acceptable to the Department, describes the ability of the applicant to perform remedial actions and meet the conditions of an approved closure plan for a facility. The mechanism(s) used to demonstrate financial capability must be legally valid, binding and enforceable under applicable law, and ensure that the funds necessary to meet the costs of remediation and closure will be available to the party conducting closure and remediation whenever the funds are needed. The mechanisms include but are not limited to any one or more of the following: surety bonds, trust funds, irrevocable letters of credit, insurance, and corporate guarantees. (3-24-22)

b.Continuous coverage for remediation and closure is identified and sustained until the applicant is released by the Department from financial assurance obligations.(3-24-22)

c.Prior to cancellation of a financial assurance mechanism, the applicant obtains a new financial assurance plan acceptable to the Department, or ceases operations and closes out the facility before the date of cancellation.(3-24-22)

d.Financial assurance, less identified retainages, is released when the Department determines that initial closure activities have been completed. A sufficient amount of financial assurance is retained by the Department, up to five (5) years after closure, to ensure proper remediation and closure of a facility.(3-24-22)

e.Nothing in these rules, including the release or use of all financial assurance, relieves the applicant of liability and responsibility for remediation and closure costs and activities. The use of all financial assurance does not relieve the applicant from responsibility and liability for remediation and closure costs.(3-24-22)

03.Surety Bond. A certified copy of the bond from the surety company issuing the bond which at a minimum is among those listed as acceptable sureties on federal bonds in Circular 570 of the U.S. Department of the Treasury.(3-24-22)

a.The penal sum of the bond will be in an amount at least equal to the most recent estimate of remediation and closure costs.(3-24-22)

b.The suret y will become liable on the bond obligation when the applicant fails to perform as guaranteed by the bond or the Department notifies the applicant that he has failed to meet the provisions of these 5,000 to 10,000$5,000 Greater than 10,000$10,000 One-time Animal Unit CapacityFee rules.(3-24-22)

04.Letters of Credit.(3-24-22)

a.A certified copy of a standby letter of credit showing the letter is irrevocable, issued in an amount at least equal to the current remediation and closure cost estimates, and for a period of at least one year. The expiration date will automatically extend for a period of at least one (1) year. The issuing institution must be an entity with authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a federal or state agency.(3-24-22)

b.Include a letter from the applicant referring to the letter of credit by number, issuing institution, and date, and providing the type of facility, name and address of the facility, and the amount of funds assured for remediation and closure of the facility by the letter of credit.(3-24-22)

05.Trust Fund. A certified copy of a trust agreement where the trustee is an entity with the authority to act on behalf of the applicant and whose trust operations are regulated and examined by a federal or state agency.

06.Insurance. A copy of the policy of remediation and closure insurance from an insurer licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one (1) or more states.(3-24-22)

a.The insurance policy will:(3-24-22)

i.Be in an amount at least equal to the current remediation and closure cost estimates. The term “face amount” means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer’s future liability will be lowered by the amount of the payments; and

ii.Contain a provision:(3-24-22)

(1)Allowing assignment of the policy to a successor. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused;(3-24-22)

(2)Providing the applicant or successor with the option of renewal at the face amount of the expiring policy; and(3-24-22)

(3)Providing that the insurer cannot cancel, terminate, or fail to renew the policy except for failure to pay the premium.(3-24-22)

07.Corporate Guarantee.

a.A certified copy of the guarantee and appropriate letter from a guarantor who is the direct or higher-tier parent corporation of the applicant, a firm whose parent corporation is also the parent corporation of the applicant, or a firm with a “substantial business relationship” with the applicant.(3-24-22)

b.A letter from the guarantor’s chief financial officer describing the value received in consideration of the guarantee if the guarantor’s parent company is also the parent corporation of the applicant. If the guarantor is a firm with a “substantial business relationship” with the applicant, provide a letter describing the “substantial business relationship” and the value received in consideration of the guarantee.(3-24-22)

c.Ensure the terms provide that the guarantor will perform, or pay a third party to perform, remediation and closure (performance guarantee) if the applicant fails to perform remediation or closure of a facility covered by the guarantee, or establish a fully funded trust fund as specified in Subsection 205.05 in the name of the applicant (payment guarantee).(3-24-22)

IDAPA 58.01.09.206 (Reserved)

IDAPA 58.01.09.250 Water Quality Protection

The following minimum design and performance standards are a baseli ne for protection of public health and water quality. These standards apply to all facilities and are to be reflected in the permit unless the Director determines, based on an applicant’s site specific information, that compliance with a specific standard is not necessary to protect water quality or the public health. Other conditions, as determined by the Director to be necessary to protect water quality, may be included in a permit.(3-24-22)

01.Animal Waste Management System Design Criteria. A facility’s animal waste management system must:(3-24-22)

a.Be designed and constructed in accordance with NRCS or the American Society of Agricultural Engineers standards, whichever is most stringent;(3-24-22)

b.Contain the maximum expected operating water balance and the twenty-five (25) year twenty-four (24) hour rainfall event and the one (1) in five (5) year winter runoff;(3-24-22)

c.Provide capacity to store the peak volume of process wastewater generated during a six (6) month period;(3-24-22)

d.Provide a one (1) foot freeboard in addition to the storage provisions specified in Subsections 250.01.b. and 250.01.c.;(3-24-22)

e.Have impoundments, other than for emergency runoff, containing or designed to contain process wastewater for efficient leak detection and not be located in the one-hundred (100) year floodplain; and(3-24-22)

f.Have seepage rates for impoundments no greater than 1x10 -7 cm/sec.(3-24-22)

02.Water Quality Monitoring. Ground water and/or leak detection monitoring must be conducted for every facility with a liquid storage impoundment and be designed to give the earliest possible detection of an unauthorized discharge to ground water.(3-24-22)

03.Discharges. Facilities must be constructed, operated and maintained to not cause unauthorized discharges.(3-24-22)

04.Spill Contingency Plan. Facilities must prepare a discharge response strategy that describes procedures and methods to be implemented for the abatement and cleanup of any pollutant.(3-24-22)

05.Stockpile Areas. Animal waste stockpile areas, including compost areas, must be constructed to ensure that all water and precipitation, which comes into contact with the stockpiles, does not enter waters of the state.(3-24-22)

IDAPA 58.01.09.251 (Reserved)

IDAPA 58.01.09.300 Application Processing Procedure

01.Application Completeness.

Applications are reviewed for completeness within thirty (30) days of receipt. The applicant will receive written notice of the review, and the Department will provide public notice that a complete application has been received. Incomplete applications or those that do not meet the requirements will be returned with deficiencies identified. The applicant must respond to any deficiencies, or requests from the Department for additional information necessary to process a permit, within thirty (30) days of the request or the application may be denied unless a longer time period is approved by the Director.(3-24-22)

02.Notice of Environmental Suitability of Facility Location. Within thirty (30) days of the public notice, a letter with the Director’s determination of the suitability of the facility siting will be sent to the applicant and the appropriate county and city officials for the selected location including:(3-24-22)

a.A brief description of the proposed facility, its animal waste management system, and its nutrient management plan;(3-24-22)

b.A brief summary of the basis for the determination of environmental suitability including references to applicable requirements and supporting materials;(3-24-22)

c.A description of the schedule for issuing a permit; and(3-24-22)

d.The name and phone number of the Department staff to contact for additional information.

03.Draft Permit. Within one hundred eighty (180) days of the Director’s determination that a facility is environmentally suitable for its proposed location, the Director will either issue a draft permit or a notice of denial of a permit. The draft permit will specify conditions of construction, operation, and closure.(3-24-22)

04.Public Comments. The Department will provide notice to the public of its issuance of a draft permit. The public may provide written comments for a time period and in a manner specified in the notice. The Department may provide an opportunity for the public to provide oral comments.(3-24-22)

05.Permit Denial. The Director may deny a permit if:(3-24-22)

a.The applicant of a facility is not in substantial compliance with a final agency order or any final order or judgement of a court secured by any state or federal agency relating to the operation of a swine facility;

b.The application is inaccurate or incomplete;(3-24-22)

c.The facility as proposed cannot meet the provisions in these rules or cannot be constructed, operated, and closed in a manner protecting human health and the environment; or(3-24-22)

d.The appropriate county or city does not approve the location of the facility.(3-24-22)

06.Final Permit. Within sixty (60) days of the issuance of a draft permit, the Director will issue a final permit; however, a permit will not be issued until the applicant has received any needed IPDES permit; final approval from the appropriate county or city for the location of the facility; and approval for a water right from the Department of Water Resources. The permit will be effective for a fixed term of not more than ten (10) years and may be reissued to an existing facility upon receipt of an updated application, fees, and demonstration of compliance with the rules and permit existing at the time of reissuance .(3-24-22)

IDAPA 58.01.09.301 (Reserved)

IDAPA 58.01.09.400 Standard Permit Conditions

01.Permits.

Permits issued will contain the following conditions:(3-24-22)

a.Require compliance with all conditions of the permit. The permit does not relieve the permittee of the responsibility to comply with all other applicable local, state, and federal laws;(3-24-22)

b.Ensure the financial capability to perform remedial actions and to meet the conditions of an approved closure plan for a facility;(3-24-22)

c.Ensure that construction, operation, and maintenance of the facility proceed according to the construction plans and specifications and the approved monitoring, nutrient management and closure plans, and comply with the following:(3-24-22)

i.Within thirty (30) days of completion of construction, submit as built plans;(3-24-22)

ii.Apply appropriate management practices as approved by the Director;(3-24-22)

iii.The facility, or operations associated with the facility, does not create a public health hazard or nuisance conditions including odors;(3-24-22)

iv.The facility does not dispose of any material not approved for disposal under the permit into the animal waste management system including, but not limited to, human waste;(3-24-22)

v.The removal of animal waste from an impoundment or storage structure is performed in a manner that will not damage the integrity of the liner;(3-24-22)

vi.Dead animals are to be removed from the facility in accordance with IDAPA 02.04.17, “Rules Governing Dead Animal Movement and Disposal”;(3-24-22)

vii.Nutrient management plans are amended if modifications to the facility operation, as outlined in the Nutrient Management Standard or other conditions, warrant the amendment; and(3-24-22) viii.Soil tests are conducted on all land application sites owned or leased by the permittee annually to determine compliance with the nutrient management plan and Nutrient Management Standard. The Director may request more frequent soil tests if deemed necessary;(3-24-22)

d.All records and information required to be retained by the permittee must be made available or provided to the Department upon request;(3-24-22)

e.Allow the Director, in compliance with the biosecurity and sanitary standards of a facility, so long as the standards do not inhibit reasonable access, to:(3-24-22)

i.Enter at reasonable times upon the premises of a permitted facility or where records are kept;

ii.Inspect any facility or land application site; and(3-24-22)

iii.Sample or monitor at reasonable times, substances or parameters directly related to compliance with the permit or these rules; and(3-24-22)

f.The permittee must report to the Department, in the following manner and time period specified, from the time the permittee knows or should reasonably know of:(3-24-22)

i.For any noncompliance which may endanger the public health or the environment:(3-24-22)

(1)An oral report within twenty-four (24) hours of the event; and (3-24-22)

(2)A written report within five (5) working days of the event, including:(3-24-22)

(a)A description of the event and its cause or if the cause is not known, steps taken to investigate and determine the cause;(3-24-22)

(b)The period of the event including, to the extent possible, times and dates;(3-24-22)

(c)Measures taken to mitigate the event or eliminate the event and protect the public health; and (d)Steps taken to prevent recurrence of the event; and(3-24-22)

ii.Material facts not submitted or incorrect information submitted in a permit application, report, or notice provided to the Department, corrections submitted in writing.(3-24-22)

02.Construction. If a permittee fails to begin construction or expansion of a facility within two (2) years of the effective date of a permit, the Director may void the permit.(3-24-22)

03.Renewal. If a permittee intends to continue operation of the facility after expiration of an existing permit, the permittee will apply for a new permit at least one hundred eighty (180) days before expiration of the permit.(3-24-22)

IDAPA 58.01.09.401 (Reserved)

IDAPA 58.01.09.450 Specific Permit Conditions

01.Basis. Con ditions necessary for the protection of the environment and the public health may differ from facility to facility because of varying environmental conditions and animal waste compositions. The Director may establish, on a case-by-case basis, specific permit conditions considering characteristics specific to a facility and inherent hazards of those characteristics, including, but not limited to:(3-24-22)

a.Chemical, biological, physical, and volumetric characteristics of the process wastewater; (3-24-22)

b.Geological and climatic nature of the facility site;(3-24-22)

c.Size of the site and its proximity to population centers and to ground and surface water; (3-24-22)

d.Legal considerations relative to land use and water rights;(3-24-22)

e.Techniques used in process wastewater distribution and the disposition of that vegetation exposed to process wastewaters; and(3-24-22)

f.The need for monitoring and record keeping to determine if the facility is operated in conformance with its design and if its design is adequate to protect the environment and the public health.(3-24-22)

02.Limitations to Operation. Conditions of the permit may specify or limit:(3-24-22)

a.Process wastewater composition;(3-24-22)

b.Method, manner and frequency of process wastewater treatment;(3-24-22)

c.Physical, chemical and biological characteristics of a facility;(3-24-22)

d.An odor management plan; and(3-24-22)

e.Any other condition the Director finds necessary to protect public health or the environment.

03.Compliance Schedules. The Director may establish a compliance schedule for facilities as part of the permit conditions including:(3-24-22)

a.Specific steps or actions to be taken by the permittee to achieve compliance with the permit or these rules; and(3-24-22)

b.Dates by which those steps or actions are to be taken.(3-24-22)

04.Monitoring. Any facility may be subject to monitoring including, but not limited to:(3-24-22)

a.The type, installation, use and maintenance of monitoring equipment;(3-24-22)

b.Monitoring or sampling methodology, frequency and locations;(3-24-22)

c.Monitored substances or parameters;(3-24-22)

d.Testing and analytical procedures; and(3-24-22)

e.Reporting requirements including both frequency and form.(3-24-22)

IDAPA 58.01.09.451 (Reserved)

IDAPA 58.01.09.500 Permit Modification

01.Minor Modifications. Min or modifications are those which do not have a potential effect on the environment or the public health. Minor modifications will be made by the Director and are generally limited to:

a.The correction of typographical errors;(3-24-22)

b.Transfer of ownership or operational control in accordance with Section 550; or(3-24-22)

c.Certain minor changes in monitoring or operational conditions.(3-24-22)

02.Major Modifications. All modifications not considered minor will be considered major modifications. The procedure for making major modifications will be the same as that used for a new permit.

IDAPA 58.01.09.501 (Reserved)

IDAPA 58.01.09.550 Transfer of Permits

01.Transfer Application. a.

A new owner or operator of a facility must submit a transfer application to the Director that includes at least the following:(3-24-22)

i.The relevant information provided in Subsection 200.03;(3-24-22)

ii.Any change of conditions at the facility resulting from the transfer of ownership or operation; and

iii.Any change in financial assurance requirements.(3-24-22)

b.The Director will review the transfer application and within sixty (60) days of its receipt either approve or deny the transfer.(3-24-22)

02.Transfer Approval. An approved permit transfer is a minor modification in accordance with Subsection 500.01 as long as there are no major changes of conditions at the facility. Major changes of conditions at a facility will be subject to the provisions of Subsection 500.02.(3-24-22)

03.Transfer Denial. The notification of a permit denial includes the reasons for the denial, steps necessary to meet the conditions of a permit transfer, and the opportunity for the applicant to request a hearing.

04.Permit Obligations. The new permittee assumes all rights and responsibilities of the transferred permit.(3-24-22)

IDAPA 58.01.09.551 (Reserved)

IDAPA 58.01.09.600 Violations

01.Failure to Comply. Failure by a permittee to comply with the provisions of these rules or any permit condition is deemed a violation.(3-24-22)

02.Falsification of Statements and Records. It is a violation of these rules for any person to knowingly make a false statement, representation, or certification in any application report, document, or record developed, maintained, or submitted pursuant to these rules or the conditions of a permit.(3-24-22)

03.Discharges. Any unauthorized discharge from a facility is a violation of these rules.(3-24-22)

04.Penalties. Any person violating any provision of these rules or any permit or order issued thereunder is liable for a civil or criminal penalty in accordance with Chapter 1, Title 39, Idaho Code.(3-24-22)

05.Permit Revocation. The Director may revoke a permit for:(3-24-22)

a.A material violation of any condition of a permit; or(3-24-22)

b.If the permit was obtained by misrepresentation or failure to disclose all relevant facts.(3-24-22)

06.Revocation Hearing. Before revoking a permit, the Director will issue a notice of intent which will become final unless the permittee timely requests an administrative hearing in writing. Such hearing will be conducted in accordance with Section 002.(3-24-22)

IDAPA 58.01.09.601 (Reserved)

58.01.11 Groundwater Quality Rule

IDAPA 58.01.11.000 Legal Authority

Sections 39 -105, 39-107, 39-120, and 39-126, Idaho Code.(7-1-26)

IDAPA 58.01.11.001 Scope

This rule establishes minimum requirements for protection of groundwater quality through standards and an aquifer categorization process and serves as a basis for administering programs that address groundwater quality. This rule does not create a permit program.(7-1-26)

IDAPA 58.01.11.002 Administrative Appeals

Persons may be entitled to appeal agenc y actions authorized under this chapter pursuant to IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-24-22)

IDAPA 58.01.11.003 (Reserved)

IDAPA 58.01.11.004 Referenced Material

Statistical Guidance for Determi ning Background Ground Water Quality and Degradation, Department of Environmental Quality.(7-1-26)

IDAPA 58.01.11.005 (Reserved)

IDAPA 58.01.11.007 Definitions

The terms “Board,” “Department,” and “Person” are defined in Secti on 39-103, Idaho Code. The term “Ground water” (Groundwater) is defined in Section 39-121, Idaho Code.(7-1-26)

01.Agricultural Chemical. Any pesticide, nutrient, or fertilizer used for the benefit of agricultural production or pest management.(7-1-26)

02.Aquifer. A geological unit of permeable saturated material capable of yielding economically significant quantities of water to wells and springs.(3-24-22)

03.Beneficial Uses. Various uses of groundwater in Idaho including, but not limited to, domestic water supplies, industrial water supplies including drinking water supplies, agricultural water supplies, aquacultural water supplies, and mining. A beneficial use is defined as actual current or projected future uses of groundwater.

04.Best Available Method. Any system, process, or method that is available to the public for commercial or private use to minimize the degradation from point or nonpoint sources of contamination of groundwater quality.(7-1-26)

05.Best Management Practice. A practice or combination of practices determined to be the most effective and practical means of preventing or reducing contamination of groundwater and interconnected surface water from nonpoint and point sources to achieve water quality goals and protect the beneficial uses of the water.

06.Best Practical Method. Any system, process, or method that is established and in routine use that can be used to minimize the degradation from point or nonpoint sources of contamination on groundwater quality.

07.Cleanup. The removal, treatment, or isolation of a contaminant from groundwater through the directed efforts of humans or the removal or treatment of a contaminant in groundwater through management practice or the construction of barriers, trenches and other similar facilities for prevention of contamination, as well as the use of natural processes such as groundwater recharge, natural decay, and chemical or biological decomposition. (7-1-26)

08.Constituent. Any chemical, ion, radionuclide, synthetic organic compound, microorganism, waste or other substance occurring in groundwater.(7-1-26)

09.Contaminant. Any chemical, ion, radionuclide, synthetic organic compound, microorganism, waste, or other substance that does not occur naturally in groundwater or that naturally occurs at a lower concentration.(7-1-26)

10.Contamination. The direct or indirect introduction into groundwater of any contaminant caused in whole or in part by human activities.(7-1-26)

11.Crop Root Zone. The zone that extends from the surface of the soil to the depth of the deepest crop root and is specific to a species of plant, group of plants, or crop.(3-24-22)

12.Degradation. The lowering of groundwater quality as measured in a statistically significant and reproducible manner.(7-1-26)

13.Extraction. Physical removal of ore or waste rock from mineral-bearing deposits. Extraction does not include processing, which is the removal of target minerals from ores by physical or chemical methods.(3-24-22)

14.Groundwater Quality Standard. Values, either numeric or narrative, assigned to any constituent for the purpose of establishing minimum levels of protection.(7-1-26)

15.Highly Vulnerable Groundwater. Groundwater characterized by a relatively high potential for contaminants to enter or be transported within the flow system. Determinations of groundwater vulnerability will include consideration of land use practices and aquifer characteristics.(7-1-26)

16.Irreplaceable Source. A groundwater source serving a beneficial use(s) where the reliable delivery of comparable quality and quantity of water from an alternative source in the region may be economically infeasible or precluded by institutional constraints.(7-1-26)

17.Mine Operator. Any person authorized to engage in mining activities, including without limitation those authorized by law, lease, contract, permit or plan of operation. It does not include a governmental agency that grants mineral leases or similar contracts or permits unless the agency is engaged in mining activities.(7-1-26)

18.Mining Activity. Recovery of a mineral from mineral-bearing deposits, which includes reclamation, extraction, excavation, overburden placement, disposal of tailings resulting from processing, and disposal of mineral extraction wastes, including tailings that are the result of extraction, waste rock, and other extraction wastes uniquely associated with mining.(3-24-22)

19.Mining Area. The area on or within that one (1) or more mining activities occur. The Department will determine the boundaries of the mining area. Distinct mining activities may constitute separate mining areas.

20.Natural Background Level. The level of any constituent in the groundwater within a specified area as determined by representative measurements of the groundwater quality unaffected by human activities.

21.Point of Compliance. The vertical surface where the Department determines compliance with groundwater quality standards as provided in Subsection 400.05 and Section 401.(7-1-26)

22.Practical Quantitation Level. The lowest concentration of a constituent that can be reliably quantified among laboratories within specified limits of precision and accuracy during routine laboratory operating conditions. Specified limits of precision and accuracy are the criteria listed in the calibration specifications or quality control specifications of an analytical method.(3-24-22)

23.Projected Future Beneficial Uses.

Various uses of groundwater, such as drinking water, aquaculture, industrial, mining, or agriculture, that are practical and achievable in the future based on hydrogeologic conditions, water quality, future land use activities, and social/economic considerations.(7-1-26)

24.Recharge Area. An area where water infiltrates into the soil or geological formation from, including but not limited to precipitation, irrigation practices and seepage from creeks, streams, and lakes, and percolates to one (1) or more aquifers.(7-1-26)

25.Reclamation. The process of restoring an area affected by a mining activity to its original or another beneficial use, considering previous uses, possible future uses and surrounding topography. The objective is to re-establish a diverse, self-perpetuating plant community and to minimize erosion, remove hazards, and maintain water quality.(7-1-26)

26.Remediation. Any action taken (1) to control the source of contamination, (2) to reduce the level of contamination, (3) to mitigate the effects of contaminants, or (4) to minimize contaminant movement. Remediation includes providing alternate drinking water sources when needed.(7-1-26)

27.Site Background Level. The groundwater quality at the hydraulically upgradient site boundary.

IDAPA 58.01.11.008 (Reserved)

IDAPA 58.01.11.150 Implementation

This rule establishes minimum requirements to maintain and protect groundwater quality. This rule applies to all activities with the potential to degrade groundwater quality.(7-1-26)

01.Groundwater Quality Standards. The numerical and narrative standards in Sections 200 and 301 identify minimum levels of protection for groundwater quality and will be used as a basis for:(7-1-26)

a.Evaluating or comparing groundwater quality when developing or modifying best available methods, best management practices, or best practical methods;(7-1-26)

b.Identifying permit conditions;(3-24-22)

c.Establishing cleanup levels; and(3-24-22)

d.Determining appropriate actions when groundwater quality standards are exceeded.(7-1-26)

02.Aquifer Categorization. Aquifers of the state will be categorized based on vulnerability of the groundwater, existing and projected future beneficial uses of the groundwater, existing water quality, and social and economic considerations. There will be three (3) aquifer categories, Sensitive Resource, General Resource, and Other Resource, to provide different levels of protection. The level of protection required for each category and application of standards to these categories are shown in Table I.

a.All aquifers where there are activities with the potential to degrade groundwater quality are categorized in Section 300. Those aquifers where no activities with the potential to degrade groundwater quality are occurring will remain uncategorized until such activities are commenced. If no action is taken to categorize an aquifer when an activity(ies) with the potential to degrade groundwater quality is initiated, the aquifer will automatically be categorized as General Resource.(7-1-26)

b.Categorization will be considered when an activity with the potential to degrade groundwater Table I. Level of Protection and Application of Standards to Aquifer Categories CategoryLevel of ProtectionApplication of Standards Sensitive Resource Apply best management practices and best available methods. This category provides the highest level of groundwater protection.

May apply stricter standards than in Section 200.

General Resource Apply best management practices and best practical methods to the maximum extent practical.

Apply numerical and narrative standards in Section 200.

Other Resource Apply best management practices and best practical methods to the maximum extent practical.

May apply less strict standards than in Section 200. quality is proposed over an aquifer or portion of an aquifer that presently has no such activities and, based on the criteria in Section 350, the aquifer may be most appropriately categorized as Sensitive Resource or Other Resource.

c.Recategorization will be considered when information on vulnerability of the groundwater, existing and projected future beneficial uses of the groundwater, existing quality of the groundwater and social and economic considerations, in conjunction with one (1) or more of the criteria in Section 350, demonstrates that the aquifer or portion of an aquifer may be more appropriate in another category.(7-1-26)

03.Groundwater-Surface Water Interconnection. The beneficial uses of interconnected surface water will be recognized when evaluating groundwater quality protection. The implementation of water quality programs ensure that the quality of groundwater that discharges to surface water does not impair the identified beneficial uses of the surface water and that surface water infiltration does not impair beneficial uses of groundwater.

04.Interagency Coordination. The Department will coordinate with other federal, state, and local agencies to pursue interagency agreements when necessary to ensure implementation of this rule for activities with the potential to degrade groundwater quality.(7-1-26)

IDAPA 58.01.11.151 (Reserved)

IDAPA 58.01.11.200 Groundwater Quality Standards

The following numerical and narrative standards apply to all groundwater of the state and shall not be exceeded unless otherwise allowed in this rule.(7-1-26)

01.Numerical Groundwater Quality Standards.(7-1-26)

a.The Primary Constituent Standards are based on protection of human health and are identified in Table II. 7440-36-0Antimony0.006 7440-38-2Arsenic0.05 1332-21-4Asbestos 7 million fibers/l longer than 10 um 7440-39-3Barium2 7440-41-7Beryllium 0.004 7440-43-9Cadmium0.005 7440-47-3Chromium 0.1 7440-50-8Copper1.3 An exceedance of the primary ground water quality standard for total coliform is not a violation of these rules.

If the primary ground water quality standard for total coliform is exceeded, additional analysis for fecal coliform or E. coli will be conducted. An exceedance of the primary ground water quality standards for either fecal coli- 57-12-5Cyanide0.2 16984-48-8Fluoride4 7439-92-1Lead0.015 7439-97-6Mercury0.002 Nitrate (as N)10 Nitrite (as N)1 Nitrate and Nitrite (both as N)10 7782-49-2Selenium 0.05 7440-28-0Thallium0.002 15972-60-8Alachlor0.002 1912-24-9Atrazine0.003 71-43-2Benzene 0.005 50-32-8Benzo(a)pyrene (PAH) 0.0002 75-27-4Bromodichloromethane (THM)0.1 75-25-2Bromoform (THM)0.1 1563-66-2Carbofuran 0.04 56-23-5Carbon Tetrachloride0.005 57-74-9Chlordane0.002 124-48-1Chlorodibromomethane (THM) 0.1 67-66-3Chloroform(THM)0.002 94-75-72,4-D 0.07 75-99-0Dalapon 0.2 103-23-1Di(2-ethylhexyl) adipate0.4 96-12-8Dibromochloropropane0.0002 541-73-1Dichlorobenzene m-0.6 95-50-1Dichlorobenzene o- 0.6 106-46-7 1,4(para)-Dichlorobenzene or Dichlorobenzene p- 0.075 An exceedance of the primary ground water quality standard for total coliform is not a violation of these rules.

If the primary ground water quality standard for total coliform is exceeded, additional analysis for fecal coliform or E. coli will be conducted. An exceedance of the primary ground water quality standards for either fecal coli- 107-06-21,2-Dichloroethane 0.005 75-35-41,1-Dichloroethylene0.007 156-59-2cis-1, 2-Dichloroethylene0.07 156-60-5trans-1, 2-Dichloroethylene0.1 75-09-2Dichloromethane0.005 78-87-51,2-Dichloropropane0.005 117-81-7Di(2-ethylhexyl)phthalate0.006 88-85-7Dinoseb0.007 85-00-7Diquat 0.02 145-73-3Endothall0.1 72-20-8Endrin 0.002 100-41-4Ethylbenzene0.7 106-93-4Ethylene dibromide 0.00005 1071-83-6Glyphosate0.7 76-44-8Heptachlor 0.0004 1024-57-3Heptachlor epoxide0.0002 118-74-1Hexachlorobenzene 0.001 77-47-4Hexachlorocyclopentadiene0.05 58-89-9Lindane 0.0002 72-43-5Methoxychlor 0.04 108-90-7Monochlorobenzene0.1 23135-22-0Oxamyl (Vydate)0.2 87-86-5Pentachlorophenol0.001 1918-02-1Picloram 0.5 1336-36-3Polychlorinated biphenyls (PCBs)0.0005 122-34-9Simazine0.004 100-42-5Styrene0.1 An exceedance of the primary ground water quality standard for total coliform is not a violation of these rules.

If the primary ground water quality standard for total coliform is exceeded, additional analysis for fecal coliform or E. coli will be conducted. An exceedance of the primary ground water quality standards for either fecal coli- (3-24-22) 1746-01-62,3,7,8-TCDD (Dioxin)3.0 x 10-8 127-18-4Tetrachloroethylene0.005 108-88-3Toluene1 Total Trihalomethanes [the sum of the concentrations of bromodichloromethane, dibromochloromethane, tribromomethane (bromoform), and trichloromethane (chloroform)] 0.1 8001-35-2Toxaphene0.003 93-72-12,4,5-TP (Silvex)0.05 120-82-11,2,4-Trichlorobenzene0.07 71-55-61,1,1-Trichloroethane0.2 79-00-51,1,2-Trichloroethane0.005 79-01-6Trichloroethylene0.005 75-01-4Vinyl Chloride 0.002 1330-20-7Xylenes (total)10 Gross alpha particle activity (including radium -226, but excluding radon and uranium) 15 pCi/l Combined beta/photon emitters 4 millirems/year effective dose equivalent Combined Radium - 226 and radium 2285 pCi/l Strontium 90 8 pCi/l Tritium 20,000 pCi/l Total Coliform 1 colony forming unit/100 ml Escherichia coliform (E. coli)

Less than 1 viable colony or colony forming unit/100 ml using any EPA approved method Fecal coliform Less than 1 viable colony or colony forming unit/100 ml using any EPA approved method An exceedance of the primary ground water quality standard for total coliform is not a violation of these rules.

If the primary ground water quality standard for total coliform is exceeded, additional analysis for fecal coliform or E. coli will be conducted. An exceedance of the primary ground water quality standards for either fecal coli-

b.The Secondary Constituent Standards are generally based on aesthetic qualities and are identified in Table III.

c.Sample preservation and analytical procedures to determine compliance with the standards identified in Subsection 200.01 must be in accordance with Subsections 200.01.c.i. and ii., except that cyanide must be analyzed as weak acid dissociable cyanide, as defined in IDAPA 58.01.13, “Rules for Ore Processing by Cyanidation,” or other methods approved by the Department:(7-1-26) i.40 CFR Part 141, National Primary Drinking Water Regulations, Subpart C, Monitoring and Analytical Requirements, provided in IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems”; or

ii.Another method approved by the Department.(3-24-22)

02.Narrative Groundwater Quality Standards. Contaminant concentrations, alone or in combination with other contaminants or properties, may not cause the groundwater to be hazardous, deleterious, carcinogenic, mutagenic, teratogenic, or toxic. Determinations of specific numerical levels when applying this standard must be based on:(7-1-26)

a.Best scientific information currently available on adverse effects of the contaminant(s); (3-24-22)

b.Protection of a beneficial use; or(3-24-22)

c.Practical quantitation levels for the contaminant(s), if they exceed the levels identified in Subsection 200.02.a. or 200.02.b.(3-24-22)

Table III. Secondary Constituent Standards Standard (mg/l unless Aluminum0.2 Chloride 250 Color15 Color Units Foaming Agents0.5 Iron 0.3 Manganese0.05 Odor 3.0 Threshold Odor Number pH6.5 to 8.5 (no units apply)

Silver0.1 Sulfate250 Total Dissolved Solids500 Zinc5

03.Natural Background Level. If the natural background level of a constituent exceeds the standard in this section, the natural background level will be used as the standard.(7-1-26)

IDAPA 58.01.11.201 (Reserved)

IDAPA 58.01.11.300 Categorized Aquifers of the State

Aquifers or portions of aquifers in the state are categorized as follows:(3-24-22)

01.Sensitive Resource.(3-24-22)

a.Spokane Valley -- Rathdrum Prairie Aquifer.(3-24-22)

i.In addition to the groundwater quality standards in Section 200, the following narrative standard applies: the aquifer may not be degraded, as it relates to beneficial uses, as a result of point source or nonpoint source activity unless it is demonstrated by the person proposing the activity that such change is justifiable as a result of necessary economic or social development.(7-1-26)

02.General Resource. All aquifers or portions of aquifers where there are activities with the potential to degrade groundwater quality of the aquifer unless otherwise listed in Subsection 300.01 or 300.03. Once an activity with the potential to degrade the groundwater quality of an uncategorized aquifer or portion of an aquifer is initiated, the uncategorized aquifer will automatically become General Resource unless petitioned into the Sensitive Resource or Other Resource category.(7-1-26)

03.Other Resource.(3-24-22)

IDAPA 58.01.11.301 Management of Activities with the Potential to Degrade Aquifers

The evaluation of activities for all aquifer categories shoul d include water quality and hydrogeological modeling that consider existing and future conditions.(7-1-26)

01.Sensitive Resource Category Aquifers.(3-24-22)

a.Activities must be managed in a manner which maintains or improves existing groundwater quality through the use of best management practices and best available methods except when a point of compliance is set pursuant to Section 401.(7-1-26)

b.Numerical and narrative standards identified in Section 200 apply to aquifers or portions of aquifers categorized as Sensitive Resource. In addition, stricter numerical and narrative standards, for specified constituents, may be adopted pursuant to Section 350 on a case by case basis and listed in Section 300.(7-1-26)

02.General Resource Category Aquifers.(3-24-22)

a.Activities must be managed in a manner which maintains or improves existing groundwater quality through the use of best management practices and best practical methods to the maximum extent practical except when a point of compliance is set pursuant to Section 401.(7-1-26)

b.Numerical and narrative standards identified in Section 200 apply to aquifers or portions of aquifers categorized as General Resource.(7-1-26)

03.Other Resource Category Aquifers.(3-24-22)

a.Activities must be managed in a manner which maintains existing groundwater quality, except for those identified constituents which may have a less stringent standard, through the use of best management practices and best practical methods to the maximum extent practical except when a point of compliance is set pursuant to Section 401.(7-1-26)

b.Numerical and narrative standards identified in Section 200 apply to aquifers or portions of aquifers categorized as Other Resource. In addition, less strict numerical and narrative standards, for specified constituents, may be adopted pursuant to Section 350 on a case by case basis and listed in Section 300.(7-1-26)

IDAPA 58.01.11.302 (Reserved)

IDAPA 58.01.11.350 Procedures for Categorizing or Recategorizing an Aquifer

The following process will be used for categorizing or recategorizing an aquifer.(7-1-26)

01.Criteria for Aquifer Categories. The following criteria will be considered when a petition to categorize or recategorize aquifers or portions of aquifers is submitted to the Board.(7-1-26)

a.For Sensitive Resource aquifers, the groundwater in an aquifer or portion of an aquifer:(7-1-26)

i.Is of a better quality than the groundwater quality standards in Section 200 and maintenance of this quality is needed to protect an identified beneficial use(s);(7-1-26)

ii.Is considered highly vulnerable;(7-1-26)

iii.Represents an irreplaceable source for the identified beneficial use(s);(7-1-26)

iv.Has been degraded and there is a need for additional protection measures to maintain or improve the water quality or prevent impairment of a beneficial use;(7-1-26)

v.Is shown to be hydrologically interconnected with surface water and additional protection is needed to maintain the quality of either surface or groundwater. Hydrologic interconnections can include either natural or induced groundwater recharge or discharge areas; or(7-1-26)

vi.Demonstrates other criteria which justify the need for additional protection.(7-1-26)

b.For General Resource aquifers:(3-24-22)

i.An activity with the potential to degrade groundwater quality is initiated over an aquifer or portion of an aquifer which presently has no such activities;(7-1-26)

ii.The groundwater in an aquifer or portion of an aquifer:(7-1-26)

(1)Is currently being used for drinking water or another beneficial use which requires similar protection; or(7-1-26)

(2).Has a projected future beneficial use of drinking water or another beneficial use which requires similar protection.(7-1-26)

c.For Other Resource aquifers:(7-1-26)

i.The groundwater quality within an aquifer or portion of an aquifer does not meet one (1) or more of the groundwater quality standards in Section 200; and allowing the groundwater quality to remain at this level does not impair existing or projected future beneficial uses within the aquifer or portion of an aquifer;(7-1-26)

ii.The projected groundwater quality within an aquifer or portion of an aquifer will not meet one (1) or more of the groundwater quality standards in Section 200 as a result of activities over or within the aquifer or portion of an aquifer, and allowing the proposed degradation will not impair existing or projected future beneficial uses;(7-1-26)

iii.Human caused conditions or sources of contamination have resulted in groundwater quality standards in Section 200 being exceeded, and the contamination cannot be remedied for economical or technical reasons, or remediation would cause more environmental damage to correct than to leave in place; or(7-1-26)

iv.The groundwater within an aquifer or portion of an aquifer demonstrates other criteria which justify the need for categorization as an Other Resource.(7-1-26)

02.Petition Process. The Department or any other person may petition the Board to initiate rulemaking to categorize or recategorize an aquifer or portion of an aquifer pursuant to Section 67-5230, Idaho Code.

In addition to the information required in a rulemaking petition, the following information must be submitted in writing by the petitioner for the identified aquifer or portion of an aquifer:(7-1-26)

a.Current category, if applicable;(3-24-22)

b.Proposed category and an explanation of how one (1) or more of the criteria in Subsection 350.01 are met;(7-1-26)

c.An explanation of why the categorization or recategorization is being proposed;(3-24-22)

d.Location, description, and areal extent;(7-1-26)

e.General location and description of existing and projected future groundwater beneficial uses;

f.Documentation of the existing groundwater quality;(7-1-26)

g.Documentation of aquifer characteristics, where available, including, but not limited to: (3-24-22)

i.Depth to groundwater;(7-1-26)

ii.Thickness of the water bearing section;(3-24-22)

iii.Direction and rate of groundwater flow;(7-1-26)

iv.Known recharge and discharge areas; and(3-24-22)

v.Geology of the area; and(7-1-26)

h.Identification of any proposed standards, for specified constituents, that are more or less strict than the groundwater quality standards in Section 200, or any standards to be applied in addition to those in Section 200, and a rationale for the proposed standards.(7-1-26)

03.Preliminary Department Review. Prior to submission of a petition to the Board to categorize or recategorize an aquifer, any person may seek a preliminary review of the petition from the Department. The Department will respond to the petitioner with comments within forty-five (45) days.(7-1-26)

IDAPA 58.01.11.351 (Reserved)

IDAPA 58.01.11.400 Groundwater Contamination

01.Releases Degrading Groundwater Quality. No person may cause or allow the release, spilling, leaking, emission, discharge, escape, leaching, or disposal of a contaminant into the environment in a manner that:

a.Causes a groundwater quality standard to be exceeded;(7-1-26)

b.Injures a beneficial use of groundwater; or(7-1-26)

c.Is not in accordance with a permit; consent order; or applicable best management practice, best available method, or best practical method.(7-1-26)

02.Measures Taken in Response to Degradation.(3-24-22)

a.Except when a point of compliance is set pursuant to Section 401, when a numerical standard is not exceeded, but degradation of groundwater quality is detected and deemed significant by the Department, the Department will take one (1) or more of the following actions:(7-1-26)

i.Require a modification of regulated activities to prevent continued degradation;(3-24-22)

ii.Coordinate with the appropriate agencies and responsible persons to develop and implement prevention measures for activities not regulated by the Department;(3-24-22)

iii.Allow limited degradation of groundwater quality for the constituents identified in Subsection 200.01.a. if it can be demonstrated that:(7-1-26)

(1)Best management practices, best available methods, or best practical methods, as appropriate for the aquifer category, are being applied; and(7-1-26)

(2)The degradation is justifiable based on necessary and widespread social and economic considerations; or(3-24-22)

iv.Allow degradation of groundwater quality up to the standards in Subsection 200.01.b., if it can be demonstrated that:(7-1-26)

(1)Best management practices are being applied; and(3-24-22)

(2)The degradation will not impair a beneficial use.(7-1-26)

b.The following criteria will be considered when determining the significance of degradation:

i.Site specific hydrogeologic conditions;(3-24-22)

ii.Water quality, including seasonal variations;(3-24-22)

iii.Existing and projected future beneficial uses;(3-24-22)

iv.Related public health issues; and(3-24-22)

v.Whether the degradation involves a primary or secondary constituent in Section 200.(3-24-22)

03.Contamination Exceeding a Groundwater Quality Standard. The discovery of any contamination exceeding a groundwater standard that poses a threat to existing or projected future beneficial uses of groundwater requires appropriate actions, as determined by the Department, to prevent further contamination. These actions may consist of investigation and evaluation, or enforcement actions if necessary to stop further contamination or clean up existing contamination.(7-1-26)

04.Agricultural Chemicals. Agricultural chemicals found in intermittently saturated soils within the crop root zone will not be considered groundwater contaminants as long as the chemicals remain within the crop root zone, and have been applied in a manner consistent with all appropriate regulatory provisions.(7-1-26)

05.Site-Specific Groundwater Quality Levels or Points of Compliance. The Department may allow site-specific groundwater quality levels, for any aquifer category, that vary from a standard(s) in Section 200 or Section 300, or may allow site-specific points of compliance, based on consideration of effects to human health and the environment, for:(7-1-26)

a.Remediation conducted under the Department’s oversight;(3-24-22)

b.Permits issued by the Department;(3-24-22)

c.Situations where the site background level varies from the groundwater quality standard; (7-1-26)

d.Dissolved concentrations of secondary constituents listed in Section 200 of this rule. The Department may allow the use of dissolved concentrations for secondary constituents if the requesting person demonstrates that doing so will not adversely affect human health and the environment; or(3-24-22)

e.Other situations authorized by the Department in writing.(3-24-22)

IDAPA 58.01.11.401 Mining

01.Request for Setting Point(s) of Com pliance and Standards Applicable to Mining Activities. At the request of a mine operator, pursuant to this section, the Department will set a point of compliance, or points of compliance, at which the mine operator must protect current and projected future beneficial uses of the groundwater and meet the groundwater quality standards as described in Section 200 or as allowed under Subsection 400.05.

Degradation of groundwater is allowed at a point of compliance if the mine operator implements the level of protection during mining activities appropriate for the aquifer category as specified in Table I of Subsection 150.02.

If a request is not made, the mine operator must meet the groundwater quality standards as described in Subsection 150.01 in groundwater both within and beyond the mining area unless the Department establishes the point(s) of compliance consistent with Subsection 401.03.(7-1-26)

02.Application Process.(3-24-22)

a.If the mine operator requests a point(s) of compliance the mine operator must make a written application to the Department. The application must be accompanied by a fee of two thousand five hundred dollars ($2,500) and include the following information in sufficient detail to allow the Department to establish point(s) of compliance:(7-1-26)

i.Name, location, and mailing address of the mining operation;(3-24-22)

ii.Name, mailing address, and phone number of the mine operator;(3-24-22)

iii.Land ownership status of the mining operation (federal, state, private, or public);(7-1-26)

iv.The legal structure (corporation, partnership, etc.) and residence of the mine operator;(3-24-22)

v.The legal description, to the quarter-quarter section, of the location of the proposed mining operation;(3-24-22)

vi.Evidence the mine operator is authorized by the Secretary of State to conduct business in the state of Idaho;(3-24-22)

vii.A general description of the operational plans for the mining operation from construction through final reclamation. This description must include any proposed phases for construction, operations, and reclamation and a map that identifies the location of all mining activities;(7-1-26) viii.A preconstruction topographic site map or aerial photos extending at least one (1) mile beyond the outer limits of the mining area, identifying and showing the location and extent of the following features: (3-24-22)

(1)All wells, perennial and intermittent springs, adit discharges, wetlands, surface waters, and irrigation ditches;(7-1-26)

(2)All public and private drinking water supply source(s) within one (1) mile of the mining area;

(3-24-22)

(3)All service roads and public roads;(3-24-22)

(4)All buildings and structures within one (1) mile of the mining area;(3-24-22)

(5)All special resource waters within one (1) mile of the mining area; and(3-24-22)

(6)All Clean Water Act Section 303(d) listed streams, and their listed impairments, within one (1) mile of the mining area;(3-24-22)

ix.To the extent such information is available, a description and location of underground mine workings and adits and a description of the structural geology that may influence groundwater flow and direction;

x.Information regarding the relevant factors set forth in Subsection 401.03; and(3-24-22)

xi.A proposed point of compliance, or points of compliance.(3-24-22)

b.Within thirty (30) days of receipt of an application, the Department will issue a written notice to the mine operator indicating:(7-1-26)

i.That the application is complete; or(3-24-22)

ii.That the Department is rejecting the application as incomplete. In such a case, the Department will provide a list of deficiencies. Upon a determination that the application is incomplete, the Department will refund one-half (1/2) of the application fee.(7-1-26)

c.The Department will establish the point(s) of compliance within one hundred eighty (180) days after receipt of a complete application unless the Department determines that additional time is necessary due to unusual circumstances.(7-1-26)

03.Setting the Point(s) of Compliance. The point(s) of compliance will be set as close as possible to the boundary of the mining area, taking into consideration the relevant factors set forth in Subsections 401.03.a. through 401.03.h., but in no event may the point(s) of compliance be within the boundary of the mining area. The mining area boundary means the outermost perimeter of the mining area (projected in the horizontal plane) as it would exist at the completion of the mining activity. The point(s) of compliance will be set so that, outside the mining area boundary, there is no impairment to current or projected future beneficial uses of groundwater and there is no violation of water quality standards applicable to any interconnected surface waters. The Department’s determination regarding the point(s) of compliance will be based on an analysis and consideration of all relevant factors including, but not limited to:(7-1-26)

a.The hydrogeological characteristics of the mining area and surrounding land, including any dilution characteristics of the aquifer and any natural attenuation supported by site-specific data;(3-24-22)

b.The concentration, volume, and physical and chemical characteristics of contaminants resulting from the mining activity, including the toxicity and persistence of the contaminants;(3-24-22)

c.The quantity, quality, and direction of flow of groundwater underlying the mining area;(7-1-26)

d.The proximity and withdrawal rates of current groundwater users;(7-1-26)

e.A prediction of projected future beneficial uses;(3-24-22)

f.The availability of alternative drinking water supplies;(3-24-22)

g.The existing quality of the groundwater, including other sources of contamination and their cumulative effects on the groundwater; and(7-1-26)

h.Public health, safety, and welfare effects.(3-24-22)

04.Groundwater Monitoring and Reporting. The Department will require groundwater monitoring and reporting whenever the Department sets the point(s) of compliance. The Department will not require groundwater monitoring that duplicates groundwater monitoring required by other state or federal agencies as long as the mine operator provides the data to the Department.(7-1-26)

a.A groundwater monitoring system required under Subsection 401.04 must be designed to: (7-1-26)

i.Represent the quality of background groundwater that has not been affected by the mining activity; and(7-1-26)

ii.Represent the quality of groundwater passing the point(s) of compliance to determine compliance with groundwater quality standards or effectiveness of best management practices.(7-1-26)

b.When practicable, indicator monitoring wells or other devices may be required. Such indicator wells and other devices may not be used to determine compliance with the groundwater quality standards, but instead may be used to evaluate modeling results, predict the quality of groundwater at the point(s) of compliance, or determine the effectiveness of best management practices.(7-1-26)

c.All monitoring wells must be constructed (well depth, well screen size, well screen interval, gravel pack, etc.) and developed so that groundwater samples represent the quality of groundwater that is relevant to current and future beneficial uses.(7-1-26)

05.Coordination with Other State or Federal Agencies/Public Notice. Before setting the point(s) of compliance or requiring groundwater monitoring, the Department will coordinate with and seek recommendations from other state or federal agencies with regulatory authority over the mining activities. The Department may provide public notice and an opportunity for public comment prior to setting or changing the point(s) of compliance. The Department will issue a public notice after it sets the point(s) of compliance.(7-1-26)

06.Limitations. Section 401 addresses only those contaminants that naturally occur in the mining area groundwater or in the surrounding rock or soil and are present in concentrations above the natural background level as a result of mining activities.(7-1-26)

07.Application of Provisions. The provisions in Section 401 apply to new mining activities or to an expansion of existing mining activities. All consent orders, compliance schedules, and other agreements adopted or issued by the Department prior to July 1, 2009, pertaining to groundwater protection at mine sites will remain in full force and effect.(7-1-26)

08.Change in Point(s) of Compliance/Groundwater Monitoring.(7-1-26)

a.A change in the point(s) of compliance may be requested by the mine operator when there is a change in, or new information regarding, the mining activity or any of the factors set forth in Subsection 401.03. A change requested by the mine operator must include an identification of the new proposed point(s) of compliance, a description of the cause for the change, and any data supporting the change. The mine operator's request will be handled as an application submitted pursuant to Subsection 401.02.a. and will be subject to all other provisions of Section 401.(7-1-26)

b.The Departmen t may initiate a change in the point(s) of compliance if there is a change in, or new information regarding, the mining activity or any of the factors set forth in Subsection 401.03, and the Department determines that the change is necessary to ensure there is no impairment to current or projected future beneficial uses of groundwater and no violation of water quality standards applicable to any interconnected surface waters. The Department will notify the mine operator in writing of the Department's intent to change the point(s) of compliance.

The Department will make its final decision to change the point(s) of compliance within sixty (60) days of the notice to the mine operator unless the Department and the mine operator agree more time is necessary to make the decision.

c.The Department may require additional or new groundwater monitoring or indicator wells when the Department changes the point(s) of compliance. The Department may also require additional or different groundwater monitoring or indicator wells if the Department determines, based upon a change in or new information regarding the mining activity or any of the factors listed in Subsection 401.03, that the monitoring no longer meets the provisions in Subsection 401.04. The mine operator may also request a change in the monitoring.(7-1-26)

IDAPA 58.01.11.402 (Reserved)

58.01.03 Individual/Subsurface Sewage Disposal Rules

IDAPA 58.01.03.000 Legal Authority

Title 39, Chapter 1 and Title 39, Chapter 36, Idaho Code.(7-1-25)

IDAPA 58.01.03.001 Scope, Conflict, and Responsibilities

01.Scope. These rules:(7-1-25)

a.Establish limits on the construction and use of individual and subsurface sewage disposal systems;

b.Establish requirements for obtaining an installation permit and registration permits for installers, service providers, and pumpers;(7-1-25)

c.Apply to every individual and every subsurface blackwaste and wastewater treatment system in Idaho; and(7-1-25)

d.Establish general requirements for handling, transportation, and disposal of septic tank wastes.

02.Conflict of Rules, Standards, and Ordinances. Where a provision of these rules conflicts with a provision of any state or local zoning, building, fire, safety, or health regulation, standard, or ordinance, the provision that, in the Director’s judgment, establishes the higher standard for promoting and protecting the health and safety of the people prevails.(7-1-25)

03.Responsibilities.(3-31-22)

a.Every owner of real property is jointly and individually responsible for:(3-31-22)

i.Storing, treating, and disposing of blackwaste and wastewater generated on that property.

ii.Connecting all plumbing fixtures on the property that discharge wastewaters to an approved wastewater system or facility.(7-1-25)

iii.Obtaining necessary permits and approvals for installing individual or subsurface blackwaste and wastewater disposal systems.(7-1-25)

iv.Abandoning an individual or subsurface sewage disposal system.(7-1-25)

b.Each engineer, building contractor, individual or subsurface disposal system installer, excavator, plumber, supplier, and any person, who designs, constructs, abandons, or provides any system or component, is jointly and individually responsible for compliance with all rules relevant to that service or product.(7-1-25)

IDAPA 58.01.03.002 Referenced Material

01.NSF International. T he NSF International (NSF) NSF/ANSI 40: Residential Onsite Systems and NSF/ANSI 245: Nitrogen Reduction are referenced and are available at www.nsf.org/services/by-industry/waterwastewater/onsite-wastewater.(7-1-25)

02.Technical Guidance Manual for Individual Subsurface Sewage Disposal Systems (TGM). The TGM is referenced and available at Department of Environmental Quality, 1410 N. Hilton St., Boise, ID 83706.

IDAPA 58.01.03.003 Definitions

The terms “Department,” “Director,” and “Wate rs” are defined in Section 39-103, Idaho Code. The term “Ground water” (Groundwater) is defined in Section 39-121, Idaho Code. (7-1-25)

01.Abandoned System. A system that no longer receives blackwaste or wastewater due to diversion to another treatment system or due to termination of waste flow for more than two (2) years.(7-1-25)

02.Absorption Bed. A drainfield excavation exceeding six (6) feet in width.(7-1-25)

03.Alternative System. Any system other than a standard system for which the Department has issued design guidelines or the Director determines is a modification of a standard system.(7-1-25)

a.A basic alternative system is any capping fill system, extra drainrock trench, gravelless trench system, steep-slope system, or other system specified in the TGM.(7-1-25)

b.A complex alternative system is any evapotranspiration system, ETPS, lagoon system, LSAS, pressure distribution system, PWTP system, intermittent sand filter, sand mound, or other system specified in the TGM.(7-1-25)

04.Bedroom. A habitable room within a dwelling that meets state or local building code requirements applicable to bedrooms and includes methods of ingress and egress. The local building authority may designate any additional room as a bedroom.(7-1-25)

05.Blackwaste. As defined in IDAPA 58.01.16, Wastewater Rules.(7-1-25)

06.Blackwater. As defined in IDAPA 58.01.16, Wastewater Rules.(7-1-25)

07.Building Sewer. The extension of the building drain beginning five (5) feet outside the inner face of the building wall.(3-31-22)

08.Central System. Any system that receives blackwaste or wastewater in volumes exceeding twentyfive hundred (2,500) gallons per day; any system that receives blackwaste or wastewater from more than two (2) dwelling units or more than two (2) buildings under separate ownership.(7-1-25)

09.Construct. To make, form, excavate, alter, expand, repair, or install a system.(7-1-25)

10.Drainfield. A system of aggregate-filled trenches, gravelless chamber systems, drip systems, absorption beds, or other approved subsurface dispersal methods that distribute wastewater effluent into the soil. Also known as a “leachfield” or “soil absorption system.”(7-1-25)

11.Dwelling Unit. A single unit with complete independent living facilities for one (1) or more persons, including permanent improvements for living, sleeping, eating, cooking, and sanitation.(7-1-25)

12.Existing System. Any system installed before the effective date of these rules.(7-1-25)

13.Expand. To enlarge any nonfailing system.(3-31-22)

14.Extended Treatment Package System (ETPS). A wastewater treatment product that requires electricity and provides secondary or tertiary wastewater treatment to septic tank effluent for systems receiving less than twenty-five hundred (2,500) gallons per day.(7-1-25)

15.Failing System. Any system that exhibits one (1) or more of the following characteristics: (7-1-25)

a.Does not meet the intent stated in Subsection 004.01.(7-1-25)

b.Fails to accept blackwaste and wastewater; or(7-1-25)

c.Discharges blackwaste or wastewater into the waters or onto the ground surface.(7-1-25)

16.Gray Water. As defined in IDAPA 58.01.16, Wastewater Rules.(7-1-25)

17.High Groundwater Level -- Normal, Seasonal. High groundwater level may be established by the soil characteristics, actual groundwater monitoring, or historic records.(7-1-25)

a.Normal high groundwater level is the highest elevation of groundwater that is maintained or exceeded continuously for six (6) weeks a year.(7-1-25)

b.The seasonal high groundwater level is the highest elevation of groundwater that is maintained or exceeded continuously for one (1) week a year.(7-1-25)

18.Individual System. Any standard, alternative, or subsurface disposal system that is not a central system.(7-1-25)

19.Install. To excavate or put in place a system or component of a system.(7-1-25)

20.Installer. Any person, corporation, or firm engaged in the business of excavation or construction of individual or subsurface sewage disposal systems in the State.(7-1-25)

21.Large Soil Absorption System (LSAS). A subsurface sewage disposal system designed to receive two thousand five hundred (2,500) gallons of wastewater or more per day, including where the total wastewater flow from the entire proposed project exceeds two thousand five hundred (2,500) gallons per day, but is separated into absorption modules that receive less than two thousand five hundred (2,500) gallons per day.(7-1-25)

22.Limiting Layer. A subsurface layer or material that severely limits the capability of the soil to treat or absorb wastewater including, but not limited to, water tables, fractured bedrock, excessively permeable material, and impermeable material.(7-1-25)

23.Manufactured Medium Sand. Sand that meets the following gradation requirements:

24.Minimum Tank Capacity. The minimum required total liquid capacity of the septic tank facility.

25.New System. A system that is or might be approved on or after the effective date of these rules.

26.Nondischarging System. Any system designed and constructed to prevent subsurface discharge of blackwaste or wastewater.(7-1-25)

27.Pollutants. As defined in IDAPA 58.01.16, Wastewater Rules.(7-1-25)

28.Proprietary Wastewater Treatment Product (PWTP). A manufactured product that provides passive treatment to septic tank effluent for systems receiving less than twenty-five hundred (2,500) gallons per day.

Manufactured medium sand allowable particle size percent composition.

Sieve SizePassing (%) 4 95–100 8 80–100 16 50–85 30 25–60 50 10–30 100 2–10 200 <2

29.Repair. To remake, reform, replace, or enlarge a failing system, or any component as is necessary to restore proper operation.(7-1-25)

30.Scarp. The side of a hill, canyon, ditch, river bank, roadcut, or other geological feature characterized by a slope of forty-five (45) degrees (100% slope) or more from the horizontal.(7-1-25)

31.Septic Tank. A watertight, covered receptacle designed and constructed to receive wastewater discharge, separate solids from liquid, digest organic matter, store digested solids through a period of detention, and allow clarified liquids to discharge for final disposal.(7-1-25)

32.Septic Tank Facility. A septic tank or series of septic tanks preceding a subsurface disposal system. Tanks or compartments used for housing pretreatment products or used as dosing chambers are not considered part of the septic tank facility.(7-1-25)

33.Septage. As defined in IDAPA 58.01.16, Wastewater Rules.(7-1-25)

34.Service Provider. Any person, corporation, or firm engaged in the business of providing operation, maintenance, and monitoring of complex alternative systems in the state of Idaho.(3-31-22)

35.Sewage. As defined in IDAPA 58.01.16, Wastewater Rules.(7-1-25)

36.Standard System. An effluent sewer, one (1) or more aggregate filled trenches, and a gravity flow wastewater distribution system.(7-1-25)

37.Subsurface Disposal System. Any system with a point of discharge beneath the earth’s surface.

38.Surface Water - Intermittent, Permanent, Temporary.(3-31-22)

a.Any waters including but not limited to, lakes, streams, canals, and ditches.(7-1-25)

b.Intermittent surface water exists continuously for more than two (2) months but not more than six (6) months a year.(7-1-25)

c.Permanent surface water exists continuously for more than six (6) months a year.(7-1-25)

d.Temporary surface water exists continuously for less than two (2) months a year.(7-1-25)

39.System. Beginning at the point of entry, physically connected piping, treatment devices, receptacles, structures, or areas of land designed, used or dedicated to convey, store, stabilize, neutralize, treat, or dispose of blackwaste or wastewater.(7-1-25)

40.Trench. A drainfield excavation six (6) feet or less in width.(7-1-25)

41.Wastewater. As defined in IDAPA 58.01.16, Wastewater Rules.(7-1-25)

IDAPA 58.01.03.004 General Requirements

01.Intent of Rules. The Idaho Boa rd of Environmental Quality, to protect the health, safety, and environment of the people of the state of Idaho establishes these rules governing the design, construction, siting and abandonment of individual and subsurface sewage disposal systems. These rules are intended to ensure that blackwastes and wastewater generated in the state of Idaho are safely contained and treated and that blackwaste and wastewater contained in or discharged from each system:(7-1-25)

a.Are not accessible to insects, rodents, or other wild or domestic animals;(3-31-22)

b.Are not accessible to individuals;(3-31-22)

c.Do not create a public nuisance due to odor or unsightly appearance;(7-1-25)

d.Do not injure or interfere with existing or potential beneficial uses of the waters; and(7-1-25)

e.Do not have an adverse impact on public health or the environment.(7-1-25)

02.Compliance with Intent. The Director will not authorize or approve any system if, in the Director’s opinion, the system will not (does not) comply with the intent of these rules.(7-1-25)

03.System Limitations. Cooling water, backwash or backflush water, hot tub or spa water, air conditioning water, water softener brine, groundwater, oil, roof drainage, or other substances detrimental to the system’s performance or to groundwater quality cannot be discharged into any system unless that discharge is approved by the Director.(7-1-25)

04.Increased Flows. Unless authorized by the Director, it is unlawful for any person to provide for or connect additional blackwaste or wastewater sources to any system if the resulting flow or volume would exceed the approved design flow of the system.(7-1-25)

05.Failing System. The owner of any failing system must obtain a permit and repair the failing system:(7-1-25)

a.As soon as practical after the owner becomes aware of its failure; or(3-31-22)

b.As directed with proper notice from the Director.(7-1-25)

06.Subsurface Disposal System Replacement Area. An area of land suitable for the complete replacement of a new subsurface disposal system disposal field must be reserved as a replacement area. This area must be kept vacant, free of vehicular traffic, and free of any soil modification that would negatively affect its use as a replacement disposal field construction site.(7-1-25)

07.Technical Guidance Committee (TGC). The Director appoints a TGC composed of three (3) representatives from the seven (7) health districts, one (1) representative from the Department, one (1) professional engineer licensed in the state of Idaho and one (1) licensed installer. Appointments to vacancies are three (3) year terms.(7-1-25)

08.TGC Duties. The TGC maintains the TGM used in the design, construction, alteration, operation, and maintenance of conventional systems, their components, and alternatives. The TGC reviews variance requests and commercially manufactured wastewater treatment components and systems at the request of the Director and provides recommendations.(7-1-25)

09.TGM. The TGM maintained by the TGC provides technical guidance on alternative sewage disposal components and systems, soil type determination methodology, and other information pertinent to the best management practices of individual and subsurface sewage disposal.(7-1-25)

10.Alternative System. If a standard system cannot be installed on a parcel of land, an alternative system may be permitted if that system is installed in accordance with the TGC’s recommendations and is approved by the Director as stated in Section 009.(7-1-25)

IDAPA 58.01.03.005 Permit and Permit Application

01.Permit Required. Except as specified in Subs ection 005.02 no person may modify, repair or expand or install any individual or subsurface sewage disposal system within the state of Idaho unless there is a valid installation permit authorizing that activity.(7-1-25)

02.Permit Exceptions. The activities listed in this subsection may be lawfully performed in the absence of a valid installation permit but are subject to all other relevant rules and regulations.(7-1-25)

a.Portable nondischarging systems may be installed as temporary blackwaste or wastewater systems if properly maintained and of a design approved by the Director.(7-1-25)

b.Individual and subsurface disposal systems may be repaired when needed due to clogged or broken solid piping or malfunctions in an electrical or mechanical system. Repairs may not expand the system unless authorized by the Director.(7-1-25)

03.Permit Application. The owner of the system or their authorized representative must submit the application to the Director in an approved form.(7-1-25)

04.Application Contents. Information required in the application may include, but is not limited to:

a.Name and address of the owner of the system and of the applicant, if different;(7-1-25)

b.Legal description of the parcel of land;(7-1-25)

c.Type of establishment served;(7-1-25)

d.Maximum number of persons served, number of bedrooms, or other appropriate measure of wastewater flow;(7-1-25)

e.Type of system;(7-1-25)

f.Construction activity (new construction, enlargement, repair);(7-1-25)

g.Scaled or dimensioned plot plan including, if needed, adjacent properties illustrating:(7-1-25)

i.Location and size of all existing and proposed wastewater systems including disposal field replacement areas;(7-1-25)

ii.Location of all existing water supply system features;(7-1-25)

iii.Location of all surface waters;(7-1-25)

iv.Location of scarps, cuts, and rock outcrops;(7-1-25)

v.Land elevations, between features of interest;(7-1-25)

vi.Property lines, easements, and rights-of-way; and(3-31-22)

vii.Location and size of buildings and structures.(3-31-22)

h.Plans and specifications of the proposed system including:(7-1-25)

i.Diagrams of all system facilities made or fabricated at the site;(7-1-25)

ii.Manufacturer’s name and identification of any component approved under Sections 007 and 009; and(7-1-25)

iii.List of materials.(3-31-22)

i.Site evaluation report that includes but is not limited to a soil description and profile and groundwater data;(7-1-25)

j.Nature and quantity of blackwaste and wastewater the system will receive, including the basis for that estimate;(7-1-25)

k.Proposed operation, maintenance, and monitoring procedures to ensure the system’s performance and failure detection;(7-1-25)

l.Copies of legal documents relating to access and to responsibilities for operation, maintenance, and monitoring;(3-31-22)

m.Statement from the local zoning or building authority indicating the proposed system would not be contrary to local ordinances;(7-1-25)

n.Signature of the owner of the system and, if different, of the applicant; and(7-1-25)

o.Any other information, document, or condition required by the Director to substantiate that the system will comply with applicable rules and regulations.(7-1-25)

05.Permit Application Denial. The Director may deny a permit application if in the Director’s judgment:(7-1-25)

a.The application is incomplete, inaccurate, or misleading;(3-31-22)

b.The system as proposed is not in compliance with applicable rules and regulations;(3-31-22)

c.The public or central wastewater treatment facilities are reasonably accessible.(7-1-25)

06.Notice of Denial. Upon denial of an application the Director will notify the applicant of the reason for denial.(7-1-25)

07.Permit Issuance. When, in the Director’s opinion the system as proposed will conform with applicable rules, the Director will issue an “Individual and Subsurface System Installation Permit.”(7-1-25)

08.Valid Application and Permit. Unless otherwise stated on the application or permit, it will become invalid if the authorized construction or activity is not completed and approved within two (2) years of the date of issuance.(7-1-25)

09.Permit Renewal. At the Director’s discretion, a permit may be renewed upon request by the applicant or owner if the request is received by the Director before the permit’s date of expiration.(7-1-25)

10.Permit Effect. A valid permit authorizes the construction of an individual or subsurface disposal system and requires the construction be conducted in compliance with plans, specifications, and conditions contained in the approved permit application. Any deviation from the plans, specifications, or conditions is prohibited unless it is approved in advance by the Director.(7-1-25)

11.Abandonment. The Director may require as a condition for issuing a permit that the system be abandoned by a specified date or specific predetermined circumstances. The date or circumstances will be established before issuing the permit and be contained in the permit application. These conditions may relate to a specific date, dwelling density, municipal system completion or other circumstances regarding availability of central sewerage system services.(7 -1-25)

12.Operation, Maintenance, and Monitoring.(7-1-25)

a.The Director may require, as a condition of issuing a permit, specific operation, maintenance, and monitoring procedures be observed. Those procedures will be contained in the installation permit.(7-1-25)

b.All operation, maintenance, and monitoring requirements of installation permits including effluent sampling must be perpetual unless:(7-1-25)

i.The system is not installed;(3-31-22)

ii.The system is removed, abandoned, or replaced; or(3-31-22)

iii.The permit is amended or revoked by the Director.(3-31-22)

c.If a system is approved as described by the TGM, sampling requirements may be removed.

13.Permit Fee. All applications must be accompanied by payment specified in IDAPA 58.01.14, “Rules Governing Fees for Environmental Operating Permits, Licenses, and Inspection Services”.(7-1-25)

IDAPA 58.01.03.006 Registration Permits for Installers and Service Providers

01.Permit Required. Ev ery installer and service provider must secure from the Director a registration permit. Two (2) types of installer permits and one (1) type of service provider permit are available.(7-1-25)

a.A basic system installer’s permit is required to install all individual systems not listed under Subsection 006.01.b.(7-1-25)

b.A complex system installer’s permit is required to install evapotranspiration systems, ETPSs, lagoon systems, LSASs, pressure distribution systems, PWTP systems, intermittent sand filters, sand mounds, or other alternative systems specified in the TGM.(7-1-25)

c.A service provider permit is required to perform operation, maintenance, or monitoring of ETPSs and any other Director-identified complex systems.(7-1-25)

02.Examination. The initial issuance of the installer’s or service provider’s permit will be based on completing an examination, with a passing score of seventy percent (70%) or more The installer and service provider examinations are separate.(7-1-25)

03.Permits Required Annually. Installer and service provider permits expire annually on the first (1st) day of January, and all permits issued thereafter will be for the balance of the calendar year. Additionally, installers will attend at least one (1) refresher course approved by the Department every three (3) years.(7-1-25)

04.Application Contents.(7-1-25)

a.Applications for installer and service provider permits must:(7-1-25)

i.Be in writing;(7-1-25)

ii.Be signed by the applicant or an officer or authorized agent of a corporation;(7-1-25)

iii.Contain the name and address of the applicant; and(3-31-22)

iv.Indicate whether the permit is for;(7-1-25)

(1)Installation of standard and basic alternative systems;(3-31-22)

(2)Installation of standard, basic and complex alternative systems; or (3-31-22)

(3)A service provider; and(7-1-25)

v.Contain the expiration date of the bond required by Subsection 006.05.(3-31-22)

b.Additionally, for applicants seeking a service provider permit, the application must contain documentation of manufacturer specific training, described in Subsection 006.06.a.(7-1-25)

05.Bond Required. At the time of application, all applicants seeking a basic or complex installer’s permit, or a service provider permit must deliver to the Director a bond The bond must:(7-1-25)

a.Be in a form approved by the Director;(7-1-25)

b.Be in the sum of ten thousand dollars ($10,000) for a basic installer’s or service provider’s permit, or thirty thousand dollars ($30,000) for a complex installer’s permit;(7-1-25)

c.Be executed by a surety company duly authorized to do business in the state of Idaho and run concurrent with the permit; and(7-1-25)

d.Guarantee the installer or service provider’s faithful performance of all work undertaken under the provisions of the installer’s or service provider’s permit, or both.(7-1-25)

06.Damages. Any person who suffers damage from negligent or wrongful acts of the installer or service provider or by the installer’s or service provider’s failure to competently perform any of the work agreed to be done under the terms of the registration permit will, in addition to other legal remedies, have a right of action on the bond for all damages not exceeding ten thousand dollars ($10,000) for standard and basic alternative systems or operation, maintenance, and monitoring by certified service providers or thirty thousand dollars ($30,000) for complex alternative systems. The maximum liability of the sureties on the bond, regardless of the number of claims filed against the bond, must not exceed the sum of ten thousand dollars ($10,000) for standard and basic alternative systems or operations, maintenance, and monitoring by certified service providers or thirty thousand dollars ($30,000) for complex alternative systems.(7-1-25)

07.Service Provider Responsibilities. All permitted service providers who operate, maintain, or monitor any system are responsible for compliance with all rules relevant to those services. Additionally, each service provider must:(7-1-25)

a.Obtain documentation of the completed manufacturer-specific training of each manufactured and packaged treatment system the service provider intends to operate, maintain, or monitor. Proper documentation includes a certificate or letter of training completion provided by the manufacturer and an expiration date of the manufacturer’s certification. If a system manufacturer is no longer in business, that manufacturer-specific training is not required;(7-1-25)

b.Maintain a comprehensive list of real property owners who contracted with the certified service provider, including the current real property owner name, service property address, real property owner contact address, and installation permit number. This list must be provided to the Director as part of the annual operation, maintenance, and monitoring reports for individual real property owners;(7-1-25)

c.Notify the system owner in writing of any improper system function that cannot be remedied during operation, maintenance, and monitoring services; and(7-1-25)

d.Submit all operation, maintenance, and monitoring records in an annual report for each individual real property owner for whom the s ervice provider agrees to fulfill the real property owner's operation, maintenance, or monitoring responsibilities required in Subsection 009.03. The annual reports must be provided to the Director by the timeframe specified in the TGM for the specific alternative system for which operation, maintenance, or monitoring is required.(7-1-25)

08.Exemption. An installer’s permit is not required for:(7-1-25)

a.Any person, corporation, or firm constructing a central or municipal subsurface sewage disposal system if that person, corporation, or firm is a licensed public works contractor, is experienced in the type of system to be installed and is under the direction of a professional engineer licensed in the state of Idaho; or(7-1-25)

b.Owners installing their own standard or basic alternative system as described in the TGM. (7-1-25)

09.Application Fee. All applications must be accompanied by payment of the fee specified in IDAPA 58.01.14, “Rules Governing Fees for Environmental Operating Permits, Licenses, and Inspection Services.” (7-1-25)

IDAPA 58.01.03.007 Septic Tanks Design and Construction Standards

01.Materials. New septic tanks will be constructed of concrete, or other materials approved by the Director. Steel tanks are unacceptable.(3-31-22)

02.Design. A professional engineer licensed by the state of Idaho must submit all septic tank designs to the Department for approval. If any design submitted for approval does not meet all requirements in Section 007, the engineer must demonstrate that any deviation is determined by sound engineering practice and meets the intent of the rules.(7-1-25)

03.Construction Requirements. All septic tanks will be water tight, constructed of sound, durable materials, and not subject to excessive corrosion, decay, frost damage or cracking.(7-1-25)

04.Concrete Septic Tanks. New concrete septic tanks will at a minimum meet the following requirements:(3-31-22)

a.The walls and floor must be at least two and one-half (2 1/2) inches thick if adequately reinforced and at least six (6) inches thick if not reinforced.(3-31-22)

b.The concrete lids or covers must be at least three (3) inches thick and adequately reinforced.

c.The floor and at least a six (6) inch vertical portion of the walls of a poured tank must be poured at the same time (monolithic pour).(3-31-22)

d.The wall sections poured separately must have interlocking joints on joining edge.(7-1-25)

e.All concrete outlet baffles must be finished with an asphalt or other protective coating.(3-31-22)

05.Horizontal Dimension Limit. No interior horizontal dimension of a septic tank or compartment may be less than two (2) feet.(3-31-22)

06.Liquid Depth. The liquid depth must be at least two and one-half (2 1/2) feet.(7-1-25)

07.Manufactured Tank Markings. Septic tanks manufactured in accordance with a specified design approved by the Director, will be legibly and indelibly marked with the manufacturer’s name or trademark, total liquid capacity, and must indicate the tank’s inlet and outlet.(7-1-25)

08.Minimum Tank Capacities.(3-31-22)

a.Tanks serving single dwelling units. The minimum tank capacity is one thousand (1,000) gallons.

For each bedroom over four (4) in a dwelling unit, add two hundred fifty (250) gallons.(7-1-25)

b.Tanks serving all other flows. The minimum tank capacity per structure is one thousand (1,000) gallons or a volume equal to at least two (2) times the maximum daily flow, whichever is greater.(7-1-25)

09.Wastewater Flows from Various Establishments in Gallons per Day.

DWELLING UNIT

Single Family Dwelling, Apartment, Mobile Home, 3 bedroom. Add/subtract 50 gallons per day/bedroom 250/Unit MULTIPLE RESIDENTIAL Hotel/Motel: With Private Baths Without Private Baths 60/Bedspace 40/Bedspace Overnight Accommodation: Central Toilet Central Toilet & Shower 25/Person 35/Person Rooming House/Bunk House Staff Resident Nonresident 40/Resident 40/Staff 15/Staff INSTITUTIONAL Church/Assembly Hall/Meeting House: With Kitchen 3/Seat 7/Seat Hospital: Kitchen only Laundry only 250/Bedspace 25/Bedspace 40/Bedspace Nursing Home/Rest Home125/Bedspace Day School: Without Showers With Showers With Cafeteria, add Staff-Resident Nonresident 20/Student 25/Student 3/Student 40/Staff 20/Staff FOOD SERVICE Conventional Service: Toilet & Kitchen Wastes Kitchen Wastes 13/Meal 3.3/Meal Take Out or Single Service2/Meal Drinking Establishment2/Person COMMERCIAL AND INDUSTRIAL Laundry - Self Service50/Wash Service Station10/Vehicle Shopping Center (No food/laundry)1/Pkg.Sp.

Theaters5/Seat

10.Total Volume. The total volume of a septic tank at a minimum must be one hundred fifteen percent (115%) of its liquid capacity.(7-1-25)

11.Inlets.(3-31-22)

a.The inlet into the tank must be at least four (4) inches in diameter and enter the tank three (3) inches above the liquid level.(7-1-25)

b.The inlet of the septic tank and each compartment must be submerged by means of a vented tee or baffle.(7-1-25)

c.Vented tees or baffles must extend above the liquid level seven (7) inches or more but not closer than one (1) inch to the lid of the tank.(7-1-25)

d.Tees must not extend horizontally into the tank beyond two (2) times the diameter of the inlet.

12.Outlets.(3-31-22)

a.The outlet of the tank must be at least four (4) inches in diameter.(7-1-25)

Offices20/Employee Factories: No Showers With Showers Add for Cafeteria 25/Employee 35/Employee 5/Employee Stores2/Employee SEASONAL AND RECREATIONAL Swimming Pool: Toilet & Shower Wastes10/Person Parks & Camps (Day Use): Toilet & Shower Wastes15/Person Roadside Rest Area: Toilet & Shower Wastes Toilet Waste 10/Person 5/Person Designated Camp Area: Toilet & Shower Wastes Toilet Wastes 90/Space 65/Space Travel Trailer Park with Sewer & Water Hook-up125/Space Seasonal/Construction Camp50/Person Country Clubs Resident Member Add for Nonresident Member 100/Member 25/Person Public Restrooms: Toilet Wastes Toilet & Shower Wastes 5/Person 15/Person

b.The outlet of the septic tank and each compartment must be submerged by a vented tee or baffle.

c.Vented tees and baffles must extend above the liquid level seven (7) inches or more but not closer than one (1) inch to the inside lid of the tank.(7-1-25)

d.Tees and baffles must extend below the liquid level to a depth where forty percent (40%) of the tank’s liquid volume is above the bottom of the tee or baffle.(7-1-25)

e.Tees and baffles must not extend horizontally into the tank beyond two (2) times the diameter of the outlet.(7-1-25)

13.Scum Storage. A septic tank will provide an air space above the liquid level which will be equal to or greater than fifteen percent (15%) of the tank’s liquid capacity.(7-1-25)

14.Manholes. Manholes must extend to the finished grade. Access to each septic tank or compartment must be provided by a manhole twenty (20) inches in minimum dimension or a removable cover of equivalent size.

Each manhole cover must be provided with a corrosion resistant strap or handle to facilitate removal.(7-1-25)

15.Inspection Ports. An inspection port measuring at least eight (8) inches in minimum dimension will be placed above each inlet and outlet. Manholes may be substituted for inspection ports.(7-1-25)

16.Split Flows. The wastewater from a single building sewer or sewer line must not be divided and discharged into more than one (1) septic tank or compartment.(7-1-25)

17.Multiple Tank or Compartment Capacity. Multiple or compartmented septic tanks connected in series may be used if the sum of their liquid capacities is at least equal to the minimum tank capacity in Subsection 007.07, and the initial tank or compartment has a liquid capacity of at least one-half (1/2) of the total liquid capacity of the septic tank facility.(7-1-25)

18.Minimum Separation Distances Between Septic Tanks and Features of Concern.

19.Manufactured Tank Installation. If written installation instructions are provided by the manufacturer of a septic tank, the installer must follow those instructions relative to the stability and integrity of the tank unless otherwise specified in the installation permit.(7-1-25)

20.Inlet and Outlet Piping. Unless otherwise specified in the installation permit, piping material to Features of Concern Minimum Distance to Septic Tank in Feet Well or Spring or Suction Line Public Water Other Water Distribution Line Public Water Other Permanent or Intermittent Surface Water50 Temporary Surface Water25 Downslope Cut or Scarp10 Dwelling Foundation or Building5 Property Line5 Seasonal High Water Level (Vertically from Top of Tank)2 and from a septic tank or dosing chamber and to the drainfield must be approved by the Director and specified as follows.(7-1-25)

a.ABS schedule forty (40) piping or material of equal or greater strength.(7-1-25)

b.ASTM D-3034 or equivalent plastic pipe may be used to span the septic tank and dosing chamber if the excavation is compacted with fill material.(7-1-25)

21.Effluent Pipe Separation Distances. Effluent pipes have the same separation distance requirements as septic tanks unless otherwise approved by the Director.(7-1-25)

22.Septic Tank Abandonment. The property owner is responsible for septic tank abandonment and must use the following procedures.(7-1-25)

a. Disconnect the inlet and outlet piping;(7-1-25)

b.Pump the scum and septage with approved disposal; and(7-1-25)

c.Fill the septic tank with earthen materials, physically destroy the septic tank, or remove the septic tank from the ground.(7-1-25)

IDAPA 58.01.03.008 Standard Subsurface Disposal Facility Design and Construction

01.Site Suitability. The area where a standard drainfield will be constructed must meet the following conditions:(7-1-25)

a.The natural slope of the site will not exceed twenty percent (20%).(7-1-25)

b.Suitable soil types will be present at depths corresponding with the sidewalls of the proposed drainfield and at depths between the bottom of the proposed drainfield and any limiting layer (effective soil depth).

Design Soil Group Soil Textural Classification USDA Field Test Textural Classification UnsuitableGravel10 Mesh Coarse Sand10-35 MeshSand AMedium Sand35-60 MeshSand Fine Sand 65-140 MeshSand Loamy SandSand BVery Fine Sand140-270 MeshSand Sandy LoamSandy Loam Very Fine Loamy SandSandy Loam Loam Silt Loam Silt Loam CSiltSilt Loam Clay Loam Clay Loam Sandy Clay Loam Clay Loam Silty Clay Loam Clay Loam UnsuitableSandy ClayClay

c.Effective soil depths, in feet, below the bottom of the drainfield must be equal to or greater than those values listed in the following table.

d.The drainfield must be located so the separation distances are maintained or exceeded according to the following table:

Silty Clay Clay ClayClay Clay soils with high shrink/swell potential Clay Organic mucks Claypan, Duripan, Hardpan EFFECTIVE SOIL DEPTHS DesignSoilGroup Limiting LayerABC Impermeable Layer444 Fractured Bedrock, or Extremely Permeable Material Normal High Groundwater Level643 Seasonal High Groundwater Level111 Feature of Interest Soil Types All Public Water Supply 100 All wells and Other Domestic Water Supplies 100 Water Distribution Lines:  (not double-encased) (double-encased)

Permanent or Intermittent Surface Water other than Irrigation Canals & Ditches 200125100 Temporary Surface Water and Irrigation Canals and Ditches Design Soil Group Soil Textural Classification USDA Field Test Textural Classification

02.Subsurface Disposal Facility Sizing. The size of a subsurface disposal system is determined by the following procedures:(7-1-25)

a.Daily flow estimates are determined in the same manner as flow estimates for septic tank sizing in Subsection 007.08.(7-1-25)

b.Total required absorption area is obtained by dividing the estimated maximum daily flow by a value below or as specified in the TGM.

c.An acceptable site must be large enough to construct two (2) complete drainfields in which each are sized to receive one hundred percent (100%) of the design wastewater flow.(7-1-25)

03.Standard Subsurface Disposal Facility Specifications. Additional design specifications for new subsurface sewage disposal facilities.

Downslope Cut or Scarp: Impermeable Layer Above Base Impermeable Layer Below Base Building Foundations: Crawl Space or Slab Basement Property Line5 Design Soil GroupABC Absorption Area - Gallons/Square Foot/Day1.00.50.2 STANDARD SUBSURFACE DISPOSAL FACILITY SPECIFICATIONS ItemAll Soil Groups Length of Individual Distribution Laterals100 Feet Maximum Grade of Distribution Laterals and Trench BottomsLevel Width of Trenches 1 Foot Minimum 6 Feet Maximum Depth of Trenches 2 Feet Minimum 4 Feet Maximum Total Square Feet of Trench1,500 Sq.ft. Max.

Undisturbed Earth Between Trenches6 Feet Minimum Undisturbed Earth Between Septic Tank and Trenches6 Feet Minimum Feature of Interest Soil Types All

04.Wastewater Distribution. Systems must be installed to maintain equal or serial effluent distribution.(7-1-25)

05.Excavation. Trenches must not be excavated during the period of high soil moisture content when that moisture promotes smearing and soil compaction.(7-1-25)

06.Soil Barrier. The aggregate must be covered throughout with a synthetic filter fabric (geotextile) or other acceptable permeable material.(7-1-25)

07.Aggregate. The trench aggregate must be crushed rock, gravel, or other acceptable, durable and inert material that is free of fines and has an effective diameter from one-half (1/2) to two and one-half (2 1/2) inches.

08.Impermeable Surface Barrier. A treatment area trench or replacement area may not be: (7-1-25)

a.Compacted.(7-1-25)

b.Covered byan impermeable surface barrier; or(7-1-25)

c.Used for parking or driving on, and must be adequately protected from such activities.(7-1-25)

09.Absorption Bed. Absorption bed disposal facilities may be considered when a site is suitable for a standard subsurface disposal facility except that it is not large enough.(7-1-25)

a.Except as specified in this section, rules applicable to a standard subsurface disposal system apply to an absorption bed facility.(7-1-25)

b.Sites with slopes in excess of eight percent (8%) are not suitable for absorption bed facilities.

c.Distribution laterals within a bed may not be spaced on greater than six (6) feet centers, and any sidewall may not be more than three (3) feet from a distribution lateral.(7-1-25)

10.Vehicle and Machinery Traffic. Rubber-tired vehicles and machinery may not be driven on the bottom surface of any excavation or on the top of any drainfield.(7-1-25)

11.Failing Subsurface Sewage Disposal System. If the Director determines a system is failing and replacement of the system cannot meet the current rules the replacement system must meet the intent of the rules by using a system design specified by the Director.(7-1-25)

IDAPA 58.01.03.009 Other Components

01.Design Approval Required. Commercially manufactured wastewater treatment components and systems must not be used in constructing a subsurface sewage system unless the design is approved by the Director.

Depth of Aggregate: To t a l Over Distribution Laterals Under Distribution Laterals 12 In. Minimum 2 In. Minimum 6 In. Minimum Depth of Soil Over Top of Aggregate12 In. Minimum STANDARD SUBSURFACE DISPOSAL FACILITY SPECIFICATIONS ItemAll Soil Groups The Department developed recommended standards and guidance for these systems in the TGM. Approval may be limited to those locations or conditions where achievement of standards has been demonstrated. Commercially manufactured wastewater treatment components and systems may include but are not limited to:(7-1-25)

a.ETPSs (e.g., aerobic treatment systems);(3-31-22)

b.PWTPs; and

c.Proprietary non-discharging systems (e.g., individual wastewater incinerators, composting toilets, or vault toilets).(3-31-22)

02.Plan and Specification Submittal. Plans and specifications for all commercially manufactured wastewater treatment components and systems must be submitted to the Director for approval. Plans and specifications must include detailed construction drawings; capacities; structural calculations; lists of materials; performance standards; manufacturers’ installation, operation, and maintenance instructions; installation inspection checklist; and other relevant information requested by the Director.(7-1-25)

a.Manufacturers seeking approval for ETPSs or PWTPs that reduce total suspended solids (TSS) and carbonaceous biological oxygen demand 5-day (CBOD5) when used with residential strength wastewater must submit NSF/ANSI 40 approvals, reports, and associated data or equivalent third-party standards.(7-1-25)

b.Manufacturers seeking approval for ETPSs or PWTPs that reduce total nitrogen (TN) must submit NSF/ANSI 245 approvals, reports, and associated data or equivalent third-party standards.(7-1-25)

03.ETPS.(7-1-25)

a.In addition to the items in Subsection 009.02, ETPS plan and specification submittals must include:

i.A plan for training and certifying system installers and service providers under Section 006;

ii.A manual containing all operation and maintenance specified by the design engineer or manufacturer and the Department; and(7-1-25)

iii.A quality assurance project plan documenting how sampling will occur if required by the Director for product approval and continued monitoring.(7-1-25)

b.Design and installation of these systems must meet the following:(3-31-22)

i.The effluent is discharged to a drainfield meeting the requirements of a standard drainfield as directed in Section 008 or a Director-approved alternative.(3-31-22)

ii.If vertical separation distances are reduced from the distances defined in the table in Subsection 008.01.c., the reduced separation must protect groundwater quality and a sampling port must be installed to provide access to representative samples of the effluent from the system.(7-1-25)

c.Within thirty (30) days of completing installation of an ETPS, the property owner must provide certification to the health district from a representative approved by the manufacturer that the system has been installed and will operate in accordance with the manufacturer’s recommendations. The health district must not finalize the installation permit until the certification of proper installation and operation is received and includes information on the manufacturer, product, model number, and serial number of the ETPS installed.(7-1-25)

d.Property owners with an ETPS installed on their property must have all operation, maintenance, and monitoring requirements specified in the permit completed by June 30 of each year by a certified service provider in accordance with Section 006, including effluent monitoring if required by the permit. The certified service provider who completed operation, maintenance, and monitoring for the system as specified in the TGM must submit an annual report to the Director by July 31 of each calendar year demonstrating the system is working as designed.

e.Permit requirements for ETPSs transfer with ownership changes. Before transferring ownership of a property with an ETPS, the system owner must notify all transferees of the ETPS operation, maintenance, and monitoring requirements.(7-1-25)

04.PWTPs.(7-1-25)

a.System media used with a PWTP must:(7-1-25)

i.Be constructed or manufactured from materials that are non-decaying and non-deteriorating and do not leach unacceptable chemicals when exposed to sewage and the subsurface soil environment;(3-31-22)

ii.Support the distribution pipe and provide suitable effluent distribution and infiltration rate to the absorption area at the soil interface; and(3-31-22)

iii.Maintain the integrity of the trench or bed. The material used, by its nature and manufacturerprescribed installation procedure, must withstand the physical forces of the soil sidewalls, soil backfill, and weight of equipment used in the backfilling.(7-1-25)

b.Drainfield size is based on the requirements of a standard drainfield or the manufacturer’s recommended minimum sizing requirement; and(7-1-25)

c.A system using a PWTP may be required to follow the same operation, maintenance, monitoring, and reporting requirements described in Subsection 009.03.d. due to product complexity and site-specific constituent reduction requirements.(7-1-25)

d.Permit requirements for these systems transfer with ownership changes. Before transferring ownership of a property with this system, the system owner must notify all transferees of the system operation, maintenance, and monitoring requirements.(7-1-25)

05.Design Approval Effect. The Director may condition a design approval by specifying circumstances under which the component must be installed, used, operated, maintained, or monitored.(7-1-25)

a.The Director will specify the complex alternative systems that must undergo professionally managed operation, maintenance, service, or effluent testing.(7-1-25)

b.Manufacturers will provide training to a reasonable number of service providers to perform required operation, maintenance, or monitoring as specified by the Director.(7-1-25)

c.Manufacturers may enter into agreements with certified service providers trained in their technology but must not limit service providers from training in the technology of other manufacturers.(7-1-25)

06.Design Disapproval Notice. If the Director determines the component described in the submittal does not comply with or may not consistently function in compliance with these rules, or the manufacturer of the proposed system failed to comply with Subsection 009.03, the Director will disapprove the design as submitted and notify the manufacturer or distributor submitting the design, in writing, of the disapproval and the reason for that action.(7-1-25)

IDAPA 58.01.03.010 Variances

01.Technical Allowance. The Director may make a minor technical allowance to the dimensional or construction requirements for a standard system if the allowance:(7-1-25)

a.Does not affect adjacent property owners or the public at large;(7-1-25)

b.Does not violate the intent of the rules.(7-1-25)

c.Does not conflict with any other rule, regulation, standard, or ordinance; and(7-1-25)

d.Changes to a dimensional requirement is not more than ten percent (10%) unless otherwise provided for in the TGM.(7-1-25)

02.Variance Petition. A petition for rule variance must be filed with the Director and include the following detailed statements describing:(7-1-25)

a.The facts upon which the variance is requested including a description of the intended use of the property, the estimates of the quantity of blackwaste or wastewater to be discharged, and a description of the existing site conditions;(7-1-25)

b.The reason petitioner believes that compliance with the provision from which variance is sought would impose an arbitrary or unreasonable hardship, and a list of the injury the variance would impose on the public; and(7-1-25)

c.The precise extent of the relief sought.(7-1-25)

03.Public Notice. When filing a petition, evidence must also be submitted showing all property owners within three hundred (300) feet of the affected site were notified fifteen (15) days before filing the petition.

04.Petition Objections. Any person may file with the Department, within twenty-one (21) days after the filing the petition, a written objection to the grant of the variance. A copy of the objection must be provided by the Department to the petitioner.(7-1-25)

05.Investigation and Decision. After investigating the variance petition and considering the views of persons who might be adversely affected by the grant of the variance, the Director will, within sixty (60) days after the filing of the petition, make a decision regarding the petition. The Department will provide the decision to the petitioner, including:(7-1-25)

a.A description of the efforts made by the Director to investigate the facts as alleged and to obtain and summarize the views of persons who might be affected;(7-1-25)

b.A statement of the degree to which, if at all, the Director disagrees with the facts as alleged in the petition; and(7-1-25)

c.Allegations of any other facts believed relevant to the disposition of the petition.(7-1-25)

06.Limitations on Decision. No technical allowance or variance will be granted unless:(7-1-25)

a.Adequate proof is shown by the petitioner that compliance would impose an arbitrary or unreasonable hardship;(3-31-22)

b.The technical allowance or variance rendered is consistent with the recommendations of the TGC or TGM in use at the time of the petition; and(7-1-25)

c.The Director has determined that the approval of the technical allowance or variance will not violate the intent of the rules.(7-1-25)

IDAPA 58.01.03.011 Inspections

01.One or More Inspections. The Director will requ ire inspections necessary to determine compliance with any provision of these rules.(7-1-25)

02.Duty to Uncover. The permittee must, at the request of the Director, uncover or make available for inspection any portion or component of a system under construction or covered or concealed in violation of these rules.(7-1-25)

03.Advance Notice by Permittee. If an inspection requires preparation, such as test hole excavation or partial construction of the system, the applicant or permittee must notify the Director at least forty-eight (48) hours in advance, excluding weekends and holidays.(7-1-25)

04.Substantiating Receipts and Delivery Slips. Upon the Director’s request, the permittee must provide copies of receipts, delivery slips, or other similar documents to substantiate the origin, quality, or quantity of materials used in constructing any system.(7-1-25)

05.Finalizing a Permit. No system may receive wastewater until the Director conducts a final installation inspection and completes as-built drawings and specifications depicting the actual installation. The Director will provide a copy of the final as-built drawing to the owner within thirty (30) days after completing the final inspection.(7-1-25)

IDAPA 58.01.03.012 Violations and Penalties

01.Failure to Comply. All individual and subsurface sewage disposal systems must be constructed and installed according to these rules. Failure by any person to comply with the permitting, licensing, approval, installation, or variance provisions of these rules is a violation of these rules.(7-1-25)

02.System Operation. No person may discharge pollutants into the waters through an individual or subsurface sewage disposal system unless in accordance with the provisions of these rules.(7-1-25)

03.Amendments or Revocations. At any time, the Director may amend or revoke any installation or registration permit or the approval of any system component approved by the Department if:(7-1-25)

a.Approval was based on false or misleading information;(7-1-25)

b.The material, technology, or system no longer achieves performance standards for which it was approved, does not meet the conditions of approval, or does not meet the intent of the rules; or(7-1-25)

c.The permitted installer, service provider, or pumper is not in compliance with or has violated the provisions of these rules(7-1-25)

04.Notice. Except in emergencies, the Department will issue a written notice of intent to revoke to the permittee before final revocation. Revocation becomes final within thirty-five (35) days of the permittee receiving notice unless, within that time, the permittee requests an administrative hearing in writing. The hearing is conducted according to IDAPA 58.01.23, Contested Case Rules and Rules for Protection and Disclosure of Records.(7-1-25)

IDAPA 58.01.03.013 Lsas

01.Site Investigation. A site investigation conducted by a soil scientist or hydrogeologist determining whether the LSAS effluent will adversely impact the waters must be submitted to the Director for review and approval.(7-1-25)

02.Installation Permit Plans. Installation permit application plans for an LSAS submitted for approval must include provisions for inspection by the design engineer, designee, or Director of the work during construction.(7-1-25)

03.Module Size. The maximum size of any subsurface sewage disposal module must be ten thousand (10,000) gallons per day. Developments with greater than ten thousand (10,000) gallons per day flow must divide the system into absorption modules designed for ten thousand (10,000) gallons per day or less.(7-1-25)

04.Standard LSAS Design Specifications.(7-1-25)

a.All design elements and application rates must be developed using sound engineering practice and provided by a professional engineer licensed by the state of Idaho.(7-1-25)

b.All design and installation requirements for standard systems apply to LSASs unless otherwise specified in this section.(7-1-25)

c.Within thirty (30) days of completing system installation, the design engineer must provide either as-built plans or a certificate that the system was installed in substantial compliance with the installation permit application plans.(7-1-25)

d.Effective soil depths, in feet, below the bottom of the absorption module to the site conditions must be equal to or greater than the following table:

e.The disposal area absorption module must be located so the separation distances provided in the following table, in feet, are maintained or exceeded:

EFFECTIVE SOIL DEPTHS

Limiting LayerDesignSoilGroup Impermeable Layer888 Fractured Bedrock or Extremely Permeable Material Normal High Groundwater Level1286 Seasonal High Groundwater Level222 TABLE -- SEPARATION DISTANCES Feature of InterestDesignSoilGroup All Domestic Water Supplies Sewage Volume - 2,500-5,000 GPD250200150 Sewage Volume - 5,000-10,000 GPD300250200 Property Lines Sewage Volume - 2,500-5,000 GPD505050 Sewage Volume - 5,000-10,000 GPD757575 Building Foundations - Basements Sewage Volume - 2,500-5,000 GPD505050 Sewage Volume - 5,000-10,000 GPD757575 Downslope Cut or Scarp Impermeable Layer - Below Base1005050

f.No LSAS may be installed above a downslope scarp or cut unless approved by the Director.

g.A minimum of two (2) disposal systems must be installed, each sized to accept the daily design flow, and a replacement area equal to the size of one (1) disposal system must be reserved.(7-1-25)

h.The vertical and horizontal hydraulic limits of the receiving soils must be established and flows must not exceed such limits to avoid hydraulically overloading any absorption module and replacement area.

i.The distribution system must be pressurized with a duplex dosing system.(3-31-22)

j.An effluent filter between an extended treatment system or lagoon system and the large soil absorption area must be installed.(7-1-25)

k.Observation pipes must be installed to the bottom of the aggregate throughout the drainfield.

l.The drainfield disposal area must be constructed to allow for surface drainage and to prevent erosion.(7-1-25)

05.Monitoring and Reporting. Before an installation permit is issued, the Director will approve a monitoring and reporting plan that contains the following minimum criteria.(7-1-25)

a.Monthly recording and inspection for ponding in all observation pipes.(3-31-22)

b.Monthly recording of influent flows based on lapse time meter or event meter of the dosing system.

c.Monthly recording of groundwater elevation measurements at all monitoring wells if high seasonal groundwater is within fifteen (15) feet of the ground surface.(3-31-22)

d.Semi-annual groundwater monitoring at all monitoring wells.(3-31-22)

e.An annual “LSAS” report including operation, maintenance, and monthly and annual monitoring data, must be filed with the Director no later than January 31 of each year for the last twelve (12) month period.

06.Operation and Maintenance. Before an installation permit is issued, an operation and maintenance plan must be approved by the Director and contain the following minimum criteria:(7-1-25)

a.Annual or more frequent rotation of the disposal systems, and whenever ponding is noted.

b.A detailed operation and maintenance manual, fully describing and locating all elements of the system and outlining maintenance procedures needed for operation of the system and who is responsible for system maintenance, must be submitted to the Director before system use.(7-1-25)

Separation Distance - Between Modules121212 TABLE -- SEPARATION DISTANCES Feature of InterestDesignSoilGroup

c.A maintenance entity must be specified to provide continued operation and maintenance according to the operator requirements in IDAPA 58.01.16, Wastewater Rules, and approved by the Director before issuance of an installation permit. The entity may assume the responsibilities of a service provider if a service provider is required.(7-1-25)

IDAPA 58.01.03.014 (Reserved)

IDAPA 58.01.03.050 Septic Tank Cleaning

All persons, firms, or corporations operating any tank truck or any other device or equipment used or intended for pumpi ng or cleaning septic tanks and transporting or disposing of human excrement, must conform with the following provisions.(7-1-25)

01.Watertight Equipment. The tank or transporting equipment must be watertight and constructed to prevent spilling or leaking while being loaded, transported, or unloaded.(7-1-25)

02.Cleanable Equipment. The tank or transporting equipment must be constructed so that every portion of the interior and exterior can be easily cleaned and maintained in a clean condition at all times while not in

use.(7-1-25)

03.Disposal Methods. Disposal of septage from septic tanks must apply the following methods:

a.Discharge to a public sewer;(7-1-25)

b.Discharge to a sewage treatment plant; or(7-1-25)

c.In a location and by a method approved by the Department.(7-1-25)

04.Permit Application Contents.(7-1-25)

a.All persons operating septic tank pumping equipment must:(7-1-25)

i.Obtain a permit from the Director to operate such equipment;(7-1-25)

ii.Renew permit annually; and(7-1-25)

iii.Apply for permit renewal before March 1 of each year.(7-1-25)

b.The application must be submitted on forms approved by the Director and include:(7-1-25)

i.Number of tank trucks operated by owner;(3-31-22)

ii.Vehicle license number of each tank truck;(3-31-22)

iii.Name and address of owner or operator of equipment;(7-1-25)

iv.Name and address of business, if different from Subsection 051.01.c.;(3-31-22)

v.Methods of disposal to be used in all areas of operation;(3-31-22)

vi.Location of all disposal sites used by applicant; and(7-1-25)

vii.Complete basis of charges made for payment of the work performed.(7-1-25)

05.Permit Fee. All applications must be accompanied by payment of the fee specified in IDAPA 58.01.14, “Rules Governing Fees for Environmental Operating Permits, Licenses, and Inspection Services.” (7-1-25)

06.Vehicle Number Displayed. For each permit issued, a number is assigned to the owner or operator of the tank truck or trucks that must be displayed at all times on the door of the vehicle or vehicles in a legible manner.(7-1-25)

IDAPA 58.01.03.051 (Reserved)

IDAPA 58.01.03.996 Administrative Provisions

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)

IDAPA 58.01.03.997 (Reserved)

58.01.18 Idaho Land Remediation Rules

IDAPA 58.01.18.000 Legal Authority

Pursuant to the provisions of Sections 39-105 , 39-107, and 39-7210, Idaho Code, the Department of Environmental Quality has the authority to promulgate and adopt rules to carry out the purposes of the Idaho Land Remediation Act, Sections 39-7201 to 39-7210, Idaho Code.(3-24-22)

IDAPA 58.01.18.001 Title and Scope

01.Title and Scope.

These rules are titled IDAPA 58.01.18, “Idaho Land Remediation Rules,” and are applicable to persons who wish to enter into a voluntary remediation agreement (agreement) with the state to minimize risk of harm, or perceived risk of harm, to public health and the environment and to restore the economic viability of contaminated real property.(3-24-22)

02.Intent. The Idaho Land Remediation rules have been adopted for the intent and purpose of Section 39-7210, Idaho Code.(3-24-22)

IDAPA 58.01.18.002 (Reserved)

IDAPA 58.01.18.003 Administrative Appeals

Persons may be entitled to appeal agency actions auth orized under these rules pursuant to IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-24-22)

IDAPA 58.01.18.004 (Reserved)

IDAPA 58.01.18.010 Definitions and Abbreviations

The term “director” has the meaning provided in Secti on 39-103, Idaho Code. The terms “board,” “department,”

“hazardous substance,” “person,” “petroleum,” “release,” “remediation,” and “site” have the meaning provided for those terms in Section 39-7203, Idaho Code.(3-24-22)

01.Act. Idaho Land Remediation Act, Title 39, Chapter 72, Idaho Code.(3-24-22)

02.Applicant. A person who submits an application to participate in the voluntary remediation program under the Act.(3-24-22)

03.Natural Background Level. The level of any constituent in the affected media within a specified area as determined by representative measurements of the quality of that media unaffected by human activities.

IDAPA 58.01.18.011 (Reserved)

IDAPA 58.01.18.020 Application to Participate

01.Application. In order to participate in the voluntary remediation program as established by the Act and these rules, a person must submit an application to the Department.(3-24-22)

02.Contents. The application must be on a form provided by the Department and include the information in Section 39-7204(2), Idaho Code, and the following:(3-24-22)

a.Identification of the applicant’s relationship to the site;(3-24-22)

b.Identification of the owner or operator of the site if different than Subsection 020.02.a.; and

c.Demonstration of permission for site access from the current property owner for the Department and applicant.(3-24-22)

03.Fees.

04.Processing Procedure. The Department will review the application consistent with Section 39- Application Fee$250.00 7204, Idaho Code.(3-24-22)

IDAPA 58.01.18.021 Voluntary Remediation Agreements

01.Negotiation of Agreement.

If the Department accepts an application pursuant to Section 39-7204, Idaho Code, the applicant may enter into an agreement with the Department. The Department will not evaluate a voluntary remediation work plan (work plan) until the agreement is signed by the applicant and the Director.

02.Contents. The agreement must include the information in Section 39-7205, Idaho Code, and the following:(3-24-22)

a.A mechanism and schedule for the payment of all actual reasonable costs incurred by the Department in the review and oversight of the work plan; and(3-24-22)

b.A provision that the applicant must comply with any applicable zoning authorities or other local, state, or federal law, in implementing the work plan.(3-24-22)

03.Reimbursement of Costs Included in Agreement.(3-24-22)

a.The agreement will include a provision for the payment and accounting of reasonable oversight costs incurred by the Department in connection with the person’s application and participation in the voluntary remediation program.(3-24-22)

b.Costs incurred by the Department for oversight of voluntary remediation actions will be reimbursed in the following manner, which is specified in the agreement.(3-24-22)

i.The applicant must deposit two thousand five hundred dollars ($2,500) with the Department.

ii.The unused portion of the deposit will be returned to the applicant within sixty (60) days of Department issuance of a certificate of completion.(3-24-22)

iii.If funding is required for costs incurred in excess of the initial two thousand five hundred dollars ($2,500) deposit, the Department will, in advance, notify the applicant of necessary successive deposits in the amount of two thousand five hundred dollars ($2,500).(3-24-22)

04.Oversight Costs. Oversight costs will include the following:(3-24-22)

a.The review, processing, and negotiation of the agreement;(3-24-22)

b.The review, processing, and negotiation of the work plan;(3-24-22)

c.Conducting public hearing and dissemination of public notices;(3-24-22)

d.Oversight of work performed in accordance with the work plan;(3-24-22)

e.Issuance of the certificate of completion;(3-24-22)

f.Issuance of a covenant not to sue; and(3-24-22)

g.Administrative expenses associated with cost recovery activities.(3-24-22)

05.Enforceability. Upon signing of the agreement by the Department and the applicant, the agreement will constitute a contract between the Department and the applicant enforceable in accordance with its terms, subject to:(3-24-22)

a.The Department’s right to rescind the agreement as provided in Section 39-7208, Idaho Code; and

b.The applicant’s right to terminate the agreement under Subsection 021.06.(3-24-22)

06.Termination of Agreement.(3-24-22)

a.An applicant may terminate the agreement for any of the following reasons:(3-24-22)

i.The applicant decides to terminate the agreement rather than submit additional or corrected information to the Department as provided in Section 39-7206(2)(b), Idaho Code; or(3-24-22)

ii.The work plan is modified or rejected as provided in Section 39-7206(5), Idaho Code.(3-24-22)

b.The termination of an agreement as provided in Section 39-7206, Idaho Code, does not relieve the applicant from the obligation to comply with any applicable authorities regarding the contamination at the site, and the Department may initiate administrative or judicial action under applicable authorities.(3-24-22)

IDAPA 58.01.18.022 Voluntary Remediation Work Plan

01.Submittal of Proposed Work Plan.

An applicant whose application has been accepted by the Department may submit a proposed work plan to the Department. The Department will evaluate the work plan according to the terms and conditions of an agreement signed by the Department and the applicant.(3-24-22)

02.Contents. The work plan must include:(3-24-22)

a.The current and reasonably anticipated future use of the site, including on-site groundwater and surface water and uses of immediately adjacent properties;(3-24-22)

b.If a risk-based concentration is proposed as a remediation standard, the work plan will include an estimate of the human and environmental risk from releases or threatened releases of hazardous substances or petroleum at the site based upon the current use of the site and adjacent properties and reasonably anticipated future uses of the site;(3-24-22)

c.Proposed remediation standards developed in accordance with Section 023;(3-24-22)

d.A proposed statement of work; and(3-24-22)

e.A schedule to accomplish the proposed statement of work.(3-24-22)

03.Supporting Information. Sufficient information to support the work plan must be submitted and may include:(3-24-22)

a.Site assessment information including:(3-24-22)

i.A legal description of the site and a map identifying the location and size of facilities and relevant features, such as property boundaries, surface topography, surface and subsurface structures, and utility lines;

ii.The physical characteristics of site facilities and contiguous areas, including the location of any surface water bodies and ground-water aquifers;(3-24-22)

iii.The location of any wells located on the site or on areas within one-half mile radius of the site and a description of the use of those wells;(3-24-22)

iv.The operational history of the facility, including ownership, and the current use of the facility;

v.Information on the methods and results of investigations concerning the nature and extent of any releases or threatened releases of hazardous substances or petroleum that have occurred at the site and a map showing general areas of concentrations of these hazardous substances or petroleum;(3-24-22)

vi.A site investigation sampling and analysis plan, and quality assurance project plan;(3-24-22)

vii.Any sampling results or other data that characterizes the soil, air, ground-water, surface water, or sediments on the site; and(3-24-22) viii.Available information on the environmental regulatory and compliance history of the site, including all applicable environmental permits; and(3-24-22)

b.Risk evaluation information including:(3-24-22)

i.An evaluation of the data collected during the site investigation including identification of chemicals of potential concern;(3-24-22)

ii.An exposure assessment of all potential pathways of exposure;(3-24-22)

iii.A toxicity assessment estimating the toxicity of both carcinogens and non-carcinogens; (3-24-22)

iv.Identification of site conditions which may affect or limit migration of the contamination; and

v.A risk characterization that evaluates the uncertainties associated with the site investigation, the likelihood of exposures, and the toxicity of the contaminants.(3-24-22)

04.Review and Evaluation. The Department will review and evaluate the work plan, provide public notice, accept public comments and may make the determination whether to hold public hearings in accordance with Section 39-7206, Idaho Code, and the agreement.(3-24-22)

05.Modification to an Approved Work Plan – Additional Public Notice and Comment. After the close of the public comment period and the Department’s approval of the work plan, situations may arise that result in modification of the work plan. Depending upon the significance of the modification, another opportunity for public notice and comment may be appropriate.(3-24-22)

a.The Department need not provide for an additional public notice and comment period if the proposed modifications to the work plan are limited to minor changes. A minor change to the work plan is a change that does not fundamentally alter the overall remedial approach.(3-24-22)

b.The Department will provide for an additional public notice and comment period if the proposed modifications to the work plan are fundamental. A fundamental change is a change that requires reconsideration of the remediation proposed in the remediation work plan.(3-24-22)

IDAPA 58.01.18.023 Remediation Standards

01.Work Plan – Health-Based and Envir onmental Remediation Standards. All hazardous substance or petroleum concentrations in media which exceed the health-based and environmental remediation standards must be addressed through appropriate remediation and in accordance with the appropriate technical standards based upon the following:(3-24-22)

a.Site characteristics;(3-24-22)

b.Hazardous substances or petroleum; and(3-24-22)

c.Technical guidance approved by the Department.(3-24-22)

02.Establishment of Remediation Standards. The remediation standards utilized in these rules are no more stringent than applicable or relevant and appropriate federal and state standards and are consistent with 42 U.S.C. 9621, taking into consideration site specific conditions.(3-24-22)

a.An applicant who submits a work plan for approval by the Department must select and attain compliance with one (1) or more of the following remediation standards when implementing a work plan: (3-24-22)

i.Attainment of a natural background level demonstrated by the collection and analysis of representative samples from environmental media of concern where contamination occurs. Evaluation of representative samples must be conducted through the application of statistical tests specified in a work plan.

ii.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.

iii.Risk-based concentrations calculated for the hazardous substance or petroleum using site-specific risk assessment procedures.(3-24-22)

b.An applicant may use a combination of standards listed in Subsection 023.02.a. to implement a work plan.(3-24-22)

IDAPA 58.01.18.024 Implementation of Work Plan

01.Implementation.

An approved work plan must be fully implemented by the applicant according to the terms and conditions of the agreement, these rules, and the Act.(3-24-22)

02.Progress Reports. An applicant implementing a work plan must submit periodic progress reports to the Department according to the terms and conditions of the agreement.(3-24-22)

03.Completion Report. When the applicant believes the work plan objectives were achieved and successfully implemented, the applicant must submit to the Department a work plan completion report together with a request that the Department issue a certificate of completion.(3-24-22)

a.The completion report must contain information sufficient for the Department to determine whether the work plan objectives were achieved.(3-24-22)

b.The Department will, within thirty (30) days of the receipt of a work plan completion report and a request for a certificate of completion, notify the applicant whether the work plan objectives were achieved.

c.If the Department notifies the applicant that the work plan objectives were not achieved, the applicant must:(3-24-22)

i.Implement the work plan to the satisfaction of the Department; and(3-24-22)

ii.Resubmit the work plan completion report.(3-24-22)

d.If a work plan completion report demonstrates that the work plan objectives were achieved, the Department will certify such facts by issuing a certificate of completion. The applicant must record the certificate of completion with the deed for the site on which the remediation took place.(3-24-22)

e.The Department may provide a certificate of completion conditioned upon continued monitoring, recordation or maintenance of institutional or engineering controls, or other continuing actions by the applicant.

f.Decisions by the Department regarding compliance with work plan completion report provisions in Subsection 024.03 are considered final agency actions.(3-24-22)

IDAPA 58.01.18.025 Covenant Not to Sue

01.Negotiation and Provision of Covenant.

Within thirty (30) days of receipt of the Department’s certificate of completion, the applicant may request the Department negotiate and provide a covenant not to sue as provided in Section 39-7207, Idaho Code. Any such covenant not to sue may be conditioned upon continuing monitoring, recordation or maintenance of institutional or engineering controls, or other continuing actions required of the applicant pursuant to an approved work plan.(3-24-22)

02.Rescission of Covenant. The Department may rescind a covenant not to sue in accordance with Section 39-7208, Idaho Code. If the Department rescinds a covenant not to sue, it may initiate administrative or judicial action as provided in Sections 39-7207 and 39-7208, Idaho Code.(3-24-22)

IDAPA 58.01.18.026 Institutional Controls

01.Purpose.(3 -24-22)

a.Institutional controls may be proposed by the applicant or the Department as an element of the work plan. Institutional controls are measures undertaken to limit or prohibit activities that may interfere with the integrity of a cleanup action or result in exposure to hazardous substances or petroleum at a site. Such measures may be used to assure both the continued protection of human health and the environment and the integrity of a cleanup action in at least the following circumstances:(3-24-22)

i.Where a cleanup action results in residual concentrations of hazardous substances or petroleum which exceed risk-based health standards; or(3-24-22)

ii.When the Department determines such controls are necessary to ensure the continued protection of human health and the environment or the integrity of the cleanup action.(3-24-22)

b.Institutional controls may not be used as a substitute for cleanup actions that may otherwise be technically possible.(3-24-22)

02.Activity and Use Limitations. Institutional controls may include:(3-24-22)

a.Physical measures, such as operation and maintenance plan, fences, or signs, to limit activities that may interfere with the cleanup action or result in exposure to hazardous substances at the site; and(3-24-22)

b.Legal controls, such as restrictive covenants, easements, or equitable servitudes used to ensure such measures are maintained.(3-24-22)

03.Use Restrictions. Institutional controls may be described in an environmental covenant pursuant to the Uniform Environmental Covenants Act, Chapter 30, Title 55, Idaho Code. The use of such restrictions may be addressed in the agreement, the certificate of completion, or the covenant not to sue.(3-24-22)

04.Compliance with Other Laws. It is the applicant’s responsibility to comply with any applicable zoning authorities or other local, state, or federal law, in implementing the work plan.(3-24-22)

05.Financial Assurances. The Department may require the applicant to provide financial assurances, through a trust fund or other appropriate financial mechanism approved by the Department sufficient to cover all costs for ensuring the effectiveness of institutional controls or of operation and maintenance, including compliance monitoring and undertaking appropriate measures to ensure the integrity of institutional controls.(3-24-22)

IDAPA 58.01.18.027 (Reserved)

58.01.17 Recycled Water Rules

IDAPA 58.01.17.000 Legal Authority

Pursuant to Title 39, Chapter 1, Idaho Code, the Departmen t of Environmental Quality is authorized to adopt or formulate and recommend to the Board of Environmental Quality (Board), and the Board is authorized to adopt, rules to protect the environment and the health of citizens of the state, including provisions for issuing pollution source permits, authorized by Section 39-115, Idaho Code, and reviewing plans and specifications for wastewater treatment facilities, authorized by Section 39-118, Idaho Code.(4-6-23)

IDAPA 58.01.17.001 Title and Scope

01.Title.

These rules are titled IDAPA 58.01.17, “Recycled Water Rules.”(4-6-23)

02.Scope. These rules establish the procedures and requirements to issue and maintain pollution source permits for reuse facilities, referred to as “reuse permits.”(4-6-23)

IDAPA 58.01.17.002 Administrative Provisions

Persons may be entitled to appeal agency actions auth orized under these rules pursuant to IDAPA 58.01.23, Contested Case Rules and Rules for Protection and Disclosure of Records.(4-6-23)

IDAPA 58.01.17.003 (Reserved)

IDAPA 58.01.17.004 Referenced Materials

01.Idaho Guidance for Recycled Water.

This document, and subsequent revisions, assist with applying and interpreting these rules. Review this document at the Department of Environmental Quality, 1410 N.

Hilton, Boise, ID 83706, or online at https://www.deq.idaho.gov/public-information/laws-guidance-and-orders/ guidance/.(4-6-23)

02.Treatment Technology Report for Recycled Water. The Alternative Treatment Technology Report for Recycled Water.(4-6-23)

03.Recommended Standards for Wastewater Facilities. Recommended Standards for Wastewater Facilities - Great Lakes-Upper Mississippi River Board of State Sanitary Engineers, most current version, at https:// www.health.state.mn.us/communities/environment/water/docs/tenstates/tenstatestan2014.pdf.(4-6-23)

04.AWWA Manual M24. AWWA Manual M24, Chapter 4 for Dual Water Systems, 4th edition.

Review this document at the Department of Environmental Quality, 1410 N. Hilton, Boise, ID 83706-1255, (208) 373-0502, or it can be purchased from the AWWA, 6666 West Quincy Avenue, Denver, Colorado 80235, (800) 926- 7337.(4-6-23)

05.Idaho Standards for Public Works Construction. Purchase this document through the Local Highway Technical Assistance Council (LHTAC), 3330 Grace Street, Boise, ID, 83703, (208) 344-0565.(4-6-23)

06.American Water Works Association (AWWA) Standards. Review this document at the Department of Environmental Quality, 1410 N. Hilton, Boise, ID 83706-1255, (208)373-0502, or it can be purchased from the AWWA, 6666 West Quincy Avenue, Denver, Colorado 80235, (800) 926-7337.(4-6-23)

IDAPA 58.01.17.005 (Reserved)

IDAPA 58.01.17.010 Definitions

The terms “department,” “person,” and “w aters” have the meaning provided for those terms in Section 39-103, Idaho Code.(4-6-23)

01.Beneficial Use. Uses of the water of Idaho including, but not limited to, domestic water supplies, industrial water supplies, agricultural water supplies, navigation, recreation in and on the water, wildlife habitat, and aesthetics. The beneficial use depends upon actual use, ability of the water to support a non-existing use either now or in the future, and its likelihood of being used in a given manner. The use of water for wastewater dilution or as a receiving water for a waste treatment facility effluent is not a beneficial use.(4-6-23)

02.Biochemical Oxygen Demand (BOD). Amount of oxygen necessary to satisfy the biochemical oxidation requirements of the organic materials at the time the sample is collected; unless otherwise specified, this term means the five (5) day BOD (BOD5).(4-6-23)

03.Buffer Distances. Specified distance between an actual point of recycled water use and a land feature or resource use, such as wells, adjoining property, inhabited dwellings, or other features.(4-6-23)

04.Ground Water Recharge. Process of adding recycled water to the zone of saturation.(4-6-23)

05.Industrial Wastewater. All wastewater, treated or untreated, that is not defined as municipal wastewater.(4-6-23)

06.Land Application. Process of distributing wastewater or recycled water to the land surface.

07.Landscape Impoundment. Any lake, pond, or other water-holding feature constructed or managed to store recycled water where swimming, wading, boating, fishing, and other water-based recreational activities are prohibited. Landscape impoundment created for storage may incidentally serve a landscaping or aesthetic purpose.(4-6-23)

08.Maximum Day Flow. Largest volume of flow received during a 24-hour period expressed as a volume per unit time.(4-6-23)

09.Modal Contact Time. Amount of time elapsed between the time a tracer, such as salt or dye, is injected into the influent at the entrance to a chamber and the time the highest concentration of the tracer is observed in the effluent from the chamber.(4-6-23)

10.Municipal Wastewater. Wastewater containing sewage and associated solids, whether treated or untreated. Municipal wastewater, also known as domestic wastewater, may contain industrial wastewater.(4-6-23)

11.Non-Potable Mains. Pipelines that collect and/or convey non-potable discharges from or to multiple service connections. Examples include sewage collection and interceptor mains, storm sewers, non-potable irrigation mains, and recycled water mains.(4-6-23)

12.Non-Potable Services. Pipelines that convey non-potable discharges from individual facilities to a connection with the non-potable main. Term also refers to pipelines that convey non-potable water from a pressurized irrigation system, recycled water system, and other non-potable systems to individual consumers.(4-6-23)

13.Non-Potable Water. Any fluids that do not meet the definition of potable water.(4-6-23)

14.Nephelometric Turbidity Unit (NTU). Measure of turbidity that compares the intensity of the light scattered by the sample under defined conditions with the intensity of the light scattered by a standard reference suspension under the same conditions.(4-6-23)

15.Peak Hour Flow. Largest volume of flow received during a one (1) hour period expressed as a volume per unit time.(4-6-23)

16.Plan of Operation. Manual that describes in detail the current operation, maintenance, and management of a reuse facility.(4-6-23)

17.Point of Compliance. Point in the reuse facility where the recycled water must meet the requirements of the permit. A permit may require more than one (1) point of compliance within the facility depending on the constituents to be monitored.(4-6-23)

18.Potable Water.

Water used by humans for drinking, bathing for purposes of personal hygiene (including hand-washing), showering, cooking, dishwashing, and maintaining oral hygiene. In common usage, the terms “culinary water,” “drinking water,” and “potable water” are frequently used as synonyms.(4-6-23)

19.Purple. For the purposes of these rules, purple is specified as Pantone 512, 522, or equivalent.

20.Rapid Infiltration System. Permeable systems designed and operated for high rates of recycled water infiltration followed by rapid percolation using wetting and drying cycles.(4-6-23)

21.Recycled Water. Water treated by a wastewater treatment system and used according to these rules.(4-6-23)

22.Restricted Public Access. Preventing public entry within the area or a facility’s point of reuse and the buffer distance around the area by site location or physical structures such as fencing.(4-6-23)

23.Reuse. Use of recycled water or wastewater for beneficial purposes including irrigation, ground water recharge, landscape impoundments, toilet flushing in commercial buildings, dust control, and other uses. Also referred to as Beneficial Reuse.(4-6-23)

24.Reuse Facility or Facility. Structure or system designed or used for reuse of municipal or industrial wastewater including, but not limited to, industrial and municipal wastewater treatment facilities, pumping and storage facilities, pipeline and distribution facilities, and the property to which the wastewater or recycled water is used. Does not include industrial in-plant processes and reuse of process waters within the plant.(4-6-23)

25.Sewage. Water-carried human wastes from residences, buildings, and industrial establishments and other places, together with ground water infiltration and surface water as may be present.(4-6-23)

26.Subsurface Distribution System. System with a point of discharge beneath the earth's surface.

27.Turbidity. Measure of the interference of light passage through water, or visual depth restriction from the presence of suspended matter such as clay, silt, nonliving organic particulates, plankton, and other microscopic organisms. Operationally, turbidity measurements are expressions of certain light-scattering and absorbing properties of a water sample. Turbidity is measured by the nephelometric method.(4-6-23)

28.Wastewater. Combination of liquid or water and pollutants from activities and processes occurring in dwellings, commercial buildings, industrial plants, institutions, and other establishments, together with any ground water, surface water, and storm water that may be present; liquid or water that is chemically, biologically, physically or rationally identifiable as containing blackwater, gray water, or commercial or industrial pollutants; and sewage.

IDAPA 58.01.17.011 (Reserved)

IDAPA 58.01.17.100 Applicability

01.Applicability to Reuse Facilities.

All reuse facilities are subject to these rules except:(4-6-23)

a.Land application of wastewater from mining, livestock truck washing facilities, feedlots, dairies, and digesters where the digestate is applied according to the originating dairy’s Idaho Department of Agriculture approved nutrient management plan;(4-6-23)

b.Recycled water used for landscape irrigation at a municipal wastewater treatment plant if: (4-6-23)

i.No other recycled water use would subject the municipal wastewater treatment plant to these rules;

ii.The municipal wastewater treatment plant has, and is in compliance with, an IPDES permit; and

iii.Public access to the area of landscape irrigation is restricted; and(4-6-23)

c.Other facilities identified by the Department, if covered adequately by other law.(4-6-23)

02.Reuse Policy. Department policy promotes, where appropriate, reuse of both municipal and industrial recycled water.(4-6-23)

IDAPA 58.01.17.101 (Reserved)

IDAPA 58.01.17.300 Permit Requirements and Application

01.Permit.

No person may operate or continue to operate a reuse facility without a valid permit issued by the Department as provided in these rules. A permit does not relieve any person from meeting all applicable local, state, and federal laws.(4-6-23)

02.Pre-Application Conference. New applicants must meet with the Department to discuss the application process before submitting an application.(4-6-23)

03.Application Contents. Except as provided in Subsection 300.04, the following must be included in the application:(4-6-23)

a.Name, location, and mailing address of the facility;(4-6-23)

b.Name, mailing address, and phone number of the facility owner and signature of the owner or authorized agent;(4-6-23)

c.Nature and identification of the entities or persons owning the facility, facility components, and related real property;(4-6-23)

d.List of local, state, and federal permits, licenses, and approvals related to the activities applied for and the dates of application or approval and receipt;(4-6-23)

e.Topographic map of the facility site showing the location and extent of:(4-6-23)

i.Wastewater inlets, outlets, and storage structures and facilities, including the reuse area;(4-6-23)

ii.Wells, springs, wetlands, and surface waters;(4-6-23)

iii.Twenty-five (25), fifty (50), and one hundred (100) year flood plains, as available through the Federal Insurance Administration of the Federal Emergency Management Agency or through other sources acceptable to the Department;(4-6-23)

iv.Service roads;(4-6-23)

v.Natural or man-made features necessary for treatment;(4-6-23)

vi.Buildings and structures; and(4-6-23)

vii.Process chemicals and residue storage facilities.(4-6-23)

f.Topographic map that may be separate from or combined with the facility site map, extending one quarter (1/4) mile beyond the outer limits of the facility site, and showing the location and extent of the following:

i.Wells, springs, wetlands, and surface waters;(4-6-23)

ii.Public and private drinking water supply sources and source water assessment areas (public water system protection area information);(4-6-23)

iii.Public roads; and(4-6-23)

iv.Dwellings and private and public gathering places.(4-6-23)

g.If the facility site or any portion thereof is not owned by the permittee, a copy of related agreements that allow the permittee access or use;(4-6-23)

h.Sources and volume of wastewaters to be treated;(4-6-23)

i.Physical, chemical, and biological characteristics of the recycled water to be used;(4-6-23)

j.Climatic, hydrogeologic, and soil characteristics of the facility site;(4-6-23)

k.Description of treatment process and alternatives for disposal of unanticipated excess recycled water that does not meet class specifications;(4-6-23)

l.Site management plans, including a cropping plan where applicable;(4-6-23)

m.Statement and supporting documentation demonstrating the proposed activity will comply with IDAPA 58.01.11, “Ground Water Quality Rule”; and(4-6-23)

n.Other information as requested by the Department to issue the permit. The Permitting Guidance for Recycled Water assists applicants with obtaining a reuse permit and the Department in determining the need for other information.(4-6-23)

04.Exceptions. Application content for permits will be clarified at the pre-application conference and may result in the omission of one (1) or more of the items listed in Subsection 300.03.(4-6-23)

05.Reuse Facility Plan of Operation. A plan of operation must contain, as applicable, operation and management responsibility, permits and standards, general plant description, operation and control of unit operations, reuse area site maps, wastewater and recycled water characterization, cropping plan, hydraulic loading rate, constituent loading rates, compliance activities, seepage rate testing, site management plans, monitoring, site operations and maintenance, solids handling and processing, laboratory testing, general maintenance, records and reports, store room and inventory, personnel, and an emergency operating plan. Permittees are required to submit a plan of operation for review and approval. Amendments are also subject to review and approval.(4-6-23)

IDAPA 58.01.17.301 (Reserved)

IDAPA 58.01.17.400 Application Processing

01.Submittal. New facilities must submit applications at least one hundred eighty (180) days before beginning reuse activities. Existing facilities applying for permit renewals must submit an application at least one hundred eighty (180) days before the existing permit expires.(4-6-23)

02.Completeness.(4-6-23)

a.If the Department determines the application is complete, the Department will provide written notice to the applicant within thirty (30) days after receiving the application, specifying the effective date of application.(4-6-23)

b.After the application is complete, the Department or applicant may initiate a consultation to clarify, modify, or supplement the application.(4-6-23)

c.If the application is incomplete, the Department will provide written notice to the applicant within thirty (30) days after receiving the application, specifying the deficiencies and requesting additional information. The Department will not process an application until it is complete according to these rules.(4-6-23)

03.Preliminary Decision/Application Denial. Within thirty (30) days of the effective date of the application, the Department will issue a written preliminary decision to prepare a draft permit or a written decision denying the application.(4-6-23)

04.Staff Analysis. The staff analysis states the facts considered when preparing the draft permit conditions, or intent to deny, and summarizes the basis for draft conditions or denial with references to applicable requirements and supporting materials. The Department will provide the staff analysis with the draft permit issuance or with the written decision denying the application.(4-6-23)

05.Draft Permit.(4-6-23)

a.The Department will issue a draft permit within sixty (60) days of issuing a preliminary decision to prepare a draft permit. The draft permit specifies the conditions of operation and management necessary for issuing the permit.(4-6-23)

b.The Department will provide a public notice for the draft permit. The notice specifies the time and manner that the public may provide written comments. The Department may offer an opportunity for oral comments.

06.Final Permit. The Department will issue a written final permit decision to the applicant within sixty (60) days from the issuance of the draft permit, except the Department may issue the decision at a later date in response to a written request to extend the public comment period.(4-6-23)

07.Effective Date. The final permit becomes effective upon date of issue unless a later effective date is specified in the permit.(4-6-23)

08.Expiring Permits.(4-6-23)

a.The Department may administratively extend the terms and conditions of an expired permit pursuant to Section 67-5254, Idaho Code, provided a complete permit renewal application is submitted prior to the current permit expiration.(4-6-23)

b.A permittee must operate under the terms of the administratively extended permit until a new permit is issued.(4-6-23)

IDAPA 58.01.17.401 (Reserved)

IDAPA 58.01.17.500 Standard Conditions

Permit conditions will protect human health and the environment from the potential hazard of an existing or proposed wastewater treatment system. The permittee must comply with all conditions of the permit. The following conditions apply to and are included in all permits.(4-6-23)

01.Facility Operation. At all times, the permittee must properly maintain and operate all structures, systems, and equipment installed or used by the permittee for treatment, control, and monitoring to achieve compliance with the permit or these rules.(4-6-23)

02.Provide Information. If requested by the Department, the permittee must provide the Department, within a reasonable time, information including copies of records, to help the Department determine whether cause exists for modifying, revoking, re-issuing, or terminating the permit, or to determine compliance with the permit or these rules.(4-6-23)

03.Entry and Access. The permittee must allow the Department, consistent with Title 39, Chapter 1, Idaho Code, to:(4-6-23)

a.Enter the permitted facility and all associated property;(4-6-23)

b.Inspect any records kept under the conditions of the permit;(4-6-23)

c.Inspect and photograph any permitted facility, equipment, practice, records, or operation; and

d.Sample or monitor any substance or any parameter at the facility to ensure permit compliance.

04.Reporting. The permittee must report to the Department as specified in this section.(4-6-23)

a.A written report submitted at least thirty (30) days before:(4-6-23)

i. Any planned physical or operational alteration to the permitted facility that results or would result in a significant change in information submitted during the application process. If a major permit modification is needed, the alteration cannot be made before the Department issues approval.(4-6-23)

ii.Any anticipated change that would result in noncompliance with any permit condition or these rules.(4-6-23)

b.Orally within twenty-four (24) hours from the time the permittee became aware of any noncompliance that may endanger human health and the environment at telephone numbers provided in the permit.

c.A written report as soon as possible, but within five (5) days of the date the permittee knows, or should reasonably know, of any noncompliance unless extended by the Department, providing:(4-6-23)

i.Description of the noncompliance and its cause;(4-6-23)

ii.Period of noncompliance including, to the extent possible, times and dates, if the noncompliance has not been corrected, and the anticipated length of time it is expected to continue; and(4-6-23)

iii.Steps taken or planned, including timelines, to reduce or eliminate the continuance or reoccurrence of the noncompliance.(4-6-23)

d.In writing as soon as the permittee knows, or should reasonably know, of material facts not submitted or corrections to information submitted in a permit application, report, or notice provided to the Department.(4-6-23)

e.No person may knowingly make any false statement, representation, or certification in any form, notice, or report required under any permit, or any applicable rule or order in force pursuant thereto.(4-6-23)

05.Minimize Impacts. The permittee must take all necessary actions to eliminate and correct any adverse impact on human health and the environment resulting from permit noncompliance.(4-6-23)

06.Applied Waters Restricted to Premises. Wastewater or recycled water applied to the land surface must be restricted to the premises of the reuse site.(4-6-23)

07.Hazard or Nuisance Prohibited. Wastewater or recycled water must not create a public health hazard or a nuisance condition.(4-6-23)

08.Renewal. If the permittee intends to continue operating the permitted facility after the existing permit expires, the permittee must apply for a permit renewal according to these rules.(4-6-23)

IDAPA 58.01.17.501 (Reserved)

IDAPA 58.01.17.600 Specific Conditions

01.Basis. Cond itions necessary for protecting human health and the environment may differ from facility to facility because of varying environmental conditions and wastewater and recycled water compositions. The Department may establish, on a case-by-case basis, specific conditions that consider facility characteristics and inherent hazards of those characteristics, including, but not limited to:(4-6-23)

a.Chemical, biological, physical, and volumetric characteristics of the wastewater and recycled water;(4-6-23)

b.Geological and climatic nature of the facility site;(4-6-23)

c.Size of the site and its proximity to population centers and to ground and surface water;(4-6-23)

d.Legal considerations relative to land use and water rights;(4-6-23)

e.Techniques used in wastewater or recycled water distribution and the disposition of vegetation exposed to wastewater or recycled water;(4-6-23)

f.Abilities of soils and vegetative covers to treat the wastewater or recycled water without undue hazard to human health and the environment; and(4-6-23)

g.Monitoring and record keeping that determine if the facility is operated in conformance with its design and if its design is adequate to protect human health and the environment.(4-6-23)

02.Duration. A permit is effective for a fixed term of not more than ten (10) years.(4-6-23)

03.Operational Limitations. Conditions of the permit may specify or limit:(4-6-23)

a.Wastewater and recycled water composition;(4-6-23)

b.Method, manner, and frequency of wastewater treatment;(4-6-23)

c.Wastewater pretreatment requirements;(4-6-23)

d.Physical, chemical, and biological characteristics of a reuse facility; and(4-6-23)

e.Other conditions the Department finds necessary to protect human health and the environment.

04.Compliance Schedules. The Department may establish a compliance schedule for facilities as part of the permit conditions including:(4-6-23)

a.Specific steps or actions necessary for the permittee to achieve compliance or final permit conditions;(4-6-23)

b.Dates by which those steps or actions are to be taken; and(4-6-23)

c.When the time period for compliance exceeds one (1) year, the schedule may also establish interim requirements and dates for achievement.(4-6-23)

05.Monitoring. Any facility may be subject to monitoring conditions including, but not limited to:

a.Installation, use, and maintenance of monitoring equipment;(4-6-23)

b.Sampling methodology, frequency, and locations;(4-6-23)

c.Monitored substances or parameters;(4-6-23)

d.Testing and analytical procedures; and(4-6-23)

e.Reporting requirements including both frequency and form.(4-6-23)

IDAPA 58.01.17.601 Municipal Recycled Water: Classification, Treatment, Use

01.Class A Recycled Water.

To be classified Class A recycled water, municipal wastewater must be treated using processes identified in Table 1, or an equivalent process, and adequately disinfected. Class A treatment systems are reviewed by the Department and approved on a case-by-case basis. The Department may require pilot testing or demonstration before approval, or may condition approval upon the success of testing or demonstration.

a. Total Coliform.(4-6-23)

i.Recycled water must be disinfected by either:(4-6-23)

(1)Chlorine disinfection process following filtration that provides a CT (the product of concentration and modal contact time measured at the same point) of four hundred and fifty (450) milligram-minutes per liter (mgmin/L) measured at the end of the contact time based on total chlorine residual and a modal contact time of not less than ninety (90) minutes based on maximum day flow; or(4-6-23)

(2)Disinfection process that, when combined with filtration, has been demonstrated to achieve 5-log removal/inactivation of virus. Acceptance by the State of California as published in their Alternative Treatment Technology Report for Recycled Water is one (1) method to constitute such a demonstration.(4-6-23)

ii.Median number of total coliform organisms may not exceed two and two-tenths (2.2) per one hundred (100) milliliters, as determined from the bacteriological results of the last seven (7) days for which analyses have been completed. No sample may exceed twenty-three (23) organisms per one hundred (100) milliliters. (4-6-23)

iii.Daily sample and analyze recycled water for total coliform when allowed uses specifically require Class A recycled water.(4-6-23)

b.Turbidity.(4-6-23)

i.Recycled water must meet the following turbidity limits before disinfection:(4-6-23)

(1)For filtration systems using sand or other granular media or cloth media, the daily arithmetic mean of all measurements of turbidity may not exceed two (2) NTU, and turbidity may not exceed five (5) NTU at any time.(4-6-23)

(2)For filtration systems using membrane filtration, the daily arithmetic mean of all measurements of turbidity may not exceed zero point two (0.2) NTU, and turbidity may not exceed zero point five (0.5) NTU at any time. (4-6-23)

ii.One (1) in-line, continuously monitoring, recording turbidimeter exists for each treatment train after filtration and before disinfection.(4-6-23)

c.Nitrogen, pH, and BOD5.(4-6-23)

i.Total nitrogen may not exceed ten (10) milligrams per liter (mg/L) for ground water recharge systems and thirty (30) mg/L for residential irrigation and other non-recharge uses based on a monthly arithmetic mean as determined from weekly composite sampling. If a ground water quality impact assessment indicates lower limits are necessary to protect existing ground water quality beneficial uses, the Department will require lower limits.

ii.The pH as determined by daily grab samples or continuous monitoring must be between six point zero (6.0) and nine point zero (9.0).(4-6-23)

iii.BOD5 may not exceed five (5) mg/L for ground water recharge systems, and ten (10) mg/L for residential irrigation and other non-recharge systems, based on a monthly arithmetic mean as determined from weekly composite sampling.(4-6-23)

02.Class B Recycled Water. To be classified Class B recycled water, municipal wastewater must be treated using processes identified in Table 1, or an equivalent process, and adequately disinfected. Class B treatment systems are reviewed by the Department and approved on a case-by-case basis. The Department may require pilot testing or demonstration before approval, or may condition approval upon the success of testing or demonstration.

a.Total Coliform.(4-6-23)

i.Recycled water must be disinfected by either:(4-6-23)

(1)Chlorine disinfection process that provides a residual chlorine at the point of compliance of not less than one (1) mg/L total chlorine residual after a contact time of thirty (30) minutes at peak hour flow; or(4-6-23)

(2)An alternative disinfection process that has been demonstrated to the Department’s satisfaction that the alternative process is comparable to that achieved by chlorination with a total chlorine residual of one (1) mg/L after a minimum contact time of thirty (30) minutes.(4-6-23)

ii.Median number of total coliform organisms may not exceed two and two-tenths (2.2) per one hundred (100) milliliters, as determined from the bacteriological results of the last seven (7) days for which analyses have been completed. No sample exceeds twenty-three (23) organisms per one hundred (100) milliliters.(4-6-23)

iii.Daily sample and analyze recycled water for total coliform when allowed uses specifically require Class B recycled water.(4-6-23)

b.Turbidity.(4-6-23)

i.Daily arithmetic mean of all measurements of turbidity may not exceed five (5) NTU, and turbidity may not exceed ten (10) NTU at any time. The turbidity standard is met before disinfection.(4-6-23)

ii.One (1) in-line, continuously monitoring, recording turbidimeter exists for each treatment train after filtration and before disinfection.(4-6-23)

03.Class C Recycled Water. To be classified Class C recycled water, municipal wastewater must be treated using the processes identified in Table 1.(4-6-23)

a.Median number of total coliform organisms may not exceed twenty-three (23) per one hundred (100) milliliters, as determined from the bacteriological results of the last five (5) days for which analyses have been completed. No sample may exceed two hundred thirty (230) per one hundred (100) milliliters.(4-6-23)

b.Weekly sample and analyze recycled water for total coliform when allowed uses specifically require Class C recycled water.(4-6-23)

04.Class D Recycled Water. To be classified Class D recycled water, municipal wastewater must be treated using the processes identified in Table 1.(4-6-23)

a.Median number of total coliform organisms may not exceed two hundred thirty (230) per one hun dred (100) milliliters, as determined from the bacteriological results of the last three (3) days for which analyses have been completed. No sample may exceed two thousand three hundred (2300) organisms per one hundred (100) milliliters.(4-6-23)

b.Monthly sample and analyze recycled water for total coliform when allowed uses specifically require Class D recycled water.(4-6-23)

05.Class E Recycled Water. To be classified Class E recycled water, municipal wastewater must be treated with screening, degritting, sedimentation and/or skimming processes to remove substantially all floatable and settleable solids.(4-6-23)

a.Class E recycled water has no disinfection requirements or applicable coliform standard. (4-6-23)

b.No sampling and analysis of total coliform are required for Class E recycled water. When sampling and analysis are required (e.g., buffer distance change reduction), the sampling frequency for total coliform will be established consistent with these rules to adequately protect human health and the environment.(4-6-23)

06.Point of compliance. For total coliform limits, the point in the system following final treatment and disinfection as defined in the permit. Recycled water disinfection requirements after storage will be determined by the Department on a case-by-case basis considering class and uses of recycled water, reuse site design, and protection of human health and the environment.(4-6-23)

07.Alternative Monitoring Frequency. Alternative total coliform monitoring frequencies may be considered by the Department on a case-by-case basis based upon demonstration that the alternative frequency is protective of human health and the environment.(4-6-23)

IDAPA 58.01.17.602 Municipal Recycled Water: Classification and Uses Tables

01.Municipal Recycled Water -- Classification Tables. The tables summarize treatment for municipal recycled water as outlined in Section 601. If discrepancies exist between Sections 601 and 602, follow Section 601.

Class AClass BClass CClass DClass E OxidizedYesYesYesYesNo FilteredYesYesNoNoNo DisinfectedYesYesYesYesNo Total coliform (organisms/ 100 milliliters)

Median results for last x-days for which analysis have been completed 2.2 7-day median 2.2 7-day median 5-day median 3-day median No limit Maximum in any sample 23232302300No limit Monitoring frequency DailyDaily Once weeklyOnce monthly

02.Municipal Recycled Water - Uses Beneficial Reuse. This table summarizes municipal recycled water uses for specific classifications. Other uses not listed here may be considered on a case-by-case basis and approved by the Department.

Class AClass B Turbidity (NTU) 24-hour - mean, Not to exceed Granular or cloth media - 2 Membrane filter - 0.2 Granular or cloth media - 5 Maximum, in any sample Granular or cloth media - 5 Membrane filter - 0.5 Granular or cloth media - 10 Monitoring frequencyContinuousContinuous Disinfection contact time requirements CT of 450 mg-min/L with 90 minutes of modal contact time, or Disinfection to 5-log inactivation of virus Total chlorine not less than 1 mg/L after 30 minute contact time, or Comparable alternate process Maximum total nitrogen (mg/L)

Monthly arithmetic mean, from weekly composite samples not to exceed Ground water recharge - 10 Residential irrigation and other non-recharge uses - 30 BOD5 (mg/L)

Monthly arithmetic mean, from weekly composite samples not to exceed Ground water recharge - 5 Residential irrigation and other non-recharge uses - 10 pH Daily grab samples or continuous monitoring Between 6.0 and 9.0 Recycled Water Beneficial ReuseClass AClass BClass CClass DClass E Fodder, fiber cropsYe sYe sYe sYe sYe s Commercial timber, firewood Ye sYe sYe sYe sYe s Processed food crops or “food crops that must undergo commercial pathogen-destroying processing before being consumed by humans”

Ye sYe sYe sYe s Ornamental nursery stock, or Christmas trees Ye sYe sYe sYe sNo Sod and seed crops not intended for human ingestion Ye sYe sYe sYe s

IDAPA 58.01.17.603 Municipal Recycled Water: Access, Exposure, and Signage

Pasture for animals not producing milk for human consumption Ye sYe sYe sYe s Pasture for animals producing milk for human consumption Ye sYe sYe sNoNo Orchards and vineyards irrigation during the fruiting season, if no fruit harvested for raw use comes in contact with the irrigation water or ground, or will only contact the inedible portion of raw food crops Highway medians and roadside vegetation irrigation on sides Cemetery irrigationYe sYe sYe s Parks, playgrounds, and school yards during periods of non-use Ye sYe s Parks, playgrounds, and school yards during periods of use Ye sNoNoNoNo Golf courses Ye sYe s Food crops, including all edible food crops Ye sYe s Residential landscape Ye sNoNoNoNo Dust suppression at construction sites and control on roads and streets Toilet flushing at industrial and commercial sites, when only trained maintenance personnel have access to plumbing for repairs Nonstructural fire fightingYe sYe sYe sNoNo Cleaning roads, sidewalks, and outdoor work areasYe sYe sYe sNoNo Backfill consolidation around non-potable pipingYe sYe sYe s Soil compactionYe sYe sYe sNoNo Commercial campus irrigationYe sYe sNoNoNo Fire suppressionYe sYe s Snowmaking for winter parks, resortsYe sNoNoNoNo Commercial laundriesYe sNoNoNoNo Ground water recharge through surface applicationYe sNoNoNoNo Subsurface distributionYe sYe sYe sYe sNo Recycled Water Beneficial ReuseClass AClass BClass CClass DClass E

01.Class A Recycled Water. When using Class A recycled water, notify the public and personnel in the area that recycled water is used and is not safe for drinking. Post signs stating “Caution: Recycled Water - Do Not Drink” or equivalent signage.(4-6-23)

a.Distribution system identification and signage.(4-6-23)

i.For all new buried pipe conveying Class A Recycled Water, including service lines, valves, and other appurtenances, must use the color purple consistently throughout the system. The color proposed for use will be identified in the plans and specifications and reviewed by the Department to ensure the pipes are adequately identifiable and distinguishable. If fading or discoloration of the purple pipe is experienced during construction, identification tape or locating wire along the pipe is required. Label piping every ten (10) feet with “Caution:

Recycled Water - Do Not Drink” or equivalent signage in English and a secondary language as applicable. (4-6-23)

ii.If identification tape is installed along with the purple pipe, use white or black printing on a purple color field as approved by the Department and label with “Caution: Recycled Water - Do Not Drink” or equivalent signage. The overall width of the tape is at least three (3) inches. Install identification tape eighteen (18) inches above the transmission pipe longitudinally, center over the pipe, and run continuously along the pipe’s length.(4-6-23)

iii.Ensure all valves have locking valve covers that are non-interchangeable with potable water valve covers and inscribed on the top surface with “Recycled Water.” Ensure all above ground pipes and pumps are consistently color coded purple and marked to differentiate Class A recycled water facilities from potable water facilities.(4-6-23)

b.Pumping facilities identification and signage.(4-6-23)

i.Paint all exposed and above ground piping, risers, fittings, pumps, and valves in purple. Label all piping using a means accepted by the Department with “Caution: Recycled Water - Do Not Drink” or equivalent signage. In a fenced pump station area, post signs on all sides.(4-6-23)

ii.Install warning labels with “Caution: Recycled Water - Do Not Drink” or equivalent signage on designated facilities such as, but not limited to, controller panels and washdown or blow-off hydrants on water trucks, hose bibs, and temporary construction services.(4-6-23)

c.Where Class A recycled water is stored or impounded, or used for irrigation in public areas, install warning signs with, at a minimum, one (1) inch purple letters on a white or other high contrast background notifying the public the water is unsafe to drink. Signs may also have a purple background with white or other high contrast lettering. Label warning signs with “Caution: Recycled Water - Do Not Drink” or equivalent signage.(4-6-23)

d.Place drinking fountains, picnic tables, food establishments, and other public eating facilities out of any spray irrigation area, or otherwise protect areas in which Class A recycled water is used. In construction plans, indicate exterior drinking fountains, picnic tables, food establishments, and other public eating facilities or, if these areas do not exist, state this in the plans and specifications.(4-6-23)

02.Class B Recycled Water. When using Class B recycled water, notify the public and personnel in the area that recycled water is used and is not safe for drinking. Post signs stating “Caution: Recycled Water - Do Not Drink” or equivalent signage in English and a secondary language as applicable.(4-6-23)

03.Class C Recycled Water. When using Class C recycled water for irrigation, notify the personnel in the area that recycled water is used and is not safe for drinking. For the public, post signs around the perimeter of the irrigation site stating “Warning: Recycled Water - Do Not Enter” or equ ivalent signage in English and a secondary language as applicable.(4-6-23)

04.Class D Recycled Water. When using Class D recycled water for irrigation, notify the personnel in the area that recycled water is used and is not safe for drinking. For the public, post signs around the perimeter of the irrigation site stating “Recycled Water - Do Not Enter” or equivalent signage in English and a secondary language as applicable.(4-6-23)

05.Class E Undisinfected Recycled Water. When using Class E undisinfected recycled water for irrigation, prevent public access to the irrigation site using a physical barrier or other measure approved by the Department. Post signs around the perimeter of the irrigation site stating “Warning: Recycled Water - Do Not Enter” or equivalent signage in English and a secondary language as applicable.(4-6-23)

IDAPA 58.01.17.604 Reuse Facilities: Buffer Distances

01.Considerations. Buf fer distances are established to:(4-6-23)

a.Protect human health by limiting exposure to recycled water and conditions associated with reuse facilities;(4-6-23)

b.Protect waters, including surface water, ground water and drinking water supplies; and(4-6-23)

c.Ensure use of recycled water is restricted to within the physical boundaries of the reuse facilities.

02.Distances. To determine buffer distances in a reuse permit, the Department considers the following:(4-6-23)

a.Characterization of the recycled water;(4-6-23)

b.Method of irrigation;(4-6-23)

c.Physical or vegetative barriers;(4-6-23)

d.Microbial risk assessments;(4-6-23)

e.Applicable best management practices;(4-6-23)

f.Environmental conditions, such as wind speed and direction; and (4-6-23)

g.Other information relevant to this section.(4-6-23)

IDAPA 58.01.17.605 Reuse Facility: Design and Construction

The design and construction of new reuse facilities, or existi ng facilities undergoing material modification, must comply with these rules and applicable provisions of IDAPA 58.01.16, “Wastewater Rules.”(4-6-23)

01.Distribution Pipelines.(4-6-23)

a.Recycled water mains are treated as non-potable mains when considering their separation from potable water mains. Recycled water mains are treated as potable water mains when separated from sewer mains.

b.When a system proposes using an alternative to the distribution pipeline requirements in these rules, IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems,” or IDAPA 58.01.16, “Wastewater Rules,” the design engineer submits data to the Department for review and approval to demonstrate that installing an alternative will protect human health and the environment.(4-6-23)

02.Pumping Stations. (4-6-23)

a.Protect potable water used as seal water for recycled water pump seals from backflow using a Department-approved backflow prevention device or air gap.(4-6-23)

b.Ensure no direct connection is made between the potable and recycled water system. If it is necessary to put potable water into the recycled water distribution system, provide a Department-approved reduced pressure principal device or air gap to protect the potable water system.(4-6-23)

c.Equipment or facilities such as tanks, temporary piping or valves, and portable pumps used or considered for use with recycled water may not be used with potable water or sewage. Any equipment or facilities such as tanks, temporary piping or valves, and portable pumps used or considered for use with sewage may not be used with recycled water or potable water.(4-6-23)

03.Requirements for Class A Recycled Water. (4-6-23)

a.Distribution System.(4-6-23)

i.Where Class A recycled water will be provided by pressure pipeline, use the following guidance: current edition of “Recommended Standards for Wastewater Facilities - Great Lakes-Upper Mississippi River Board of State Sanitary Engineers,” “AWWA Manual M24” Chapter 4 for dual water systems, and current edition of “Idaho Standards for Public Works Construction.”(4-6-23)

ii.Irrigation systems proposed for conversion from non-Class A recycled water to Class A recycled water use will be reviewed on a case-by-case basis to evaluate the protection of human health and the environment.

(1)Existing water lines converted to use with Class A recycled water or a combination of Class A recycled water and irrigation water must be accurately located, pressure tested, and leakage tested before conversion in coordination with the Department. Use AWWA Standard(s) for pressure and leakage testing of drinking water lines to be converted.(4-6-23)

(2)Physically disconnect the pipeline from any potable water lines and bring into compliance with applicable cross-connection rules as stated in IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems” and meet minimum separation requirements.(4-6-23)

(3)If the existing lines meet water supplier and Department approval based on these rules, the lines will be approved for Class A recycled water distribution. If compliance of the system (accurate location, pressure testing, and verification of no cross-connections) cannot be verified with record drawings, testing, televising, or otherwise, uncover the lines and inspect, identify, or otherwise verify compliance to the Department’s satisfaction before use. Retrofit accessible portions of the system to meet the provisions of these rules.(4-6-23)

(4)After converting the water or irrigation line to a Class A recycled water line, mark the lines as stated in Subsection 603.01.a.iii.(4-6-23)

iii.If either an in-line type or end-of-line type blow-off or drain assembly is installed in the system, submit a plan for proposed discharge locations to the Department for review and approval.(4-6-23)

iv.Mixing Class A recycled water with other irrigation waters may be conducted pipe-to-pipe if both the other irrigation water source and the Class A source are protected by Department-approved backflow devices.

Class A recycled water may be mixed with other irrigation water in an unlined pond if the Class A recycled water is permitted for ground water recharge. Class A recycled water that is permitted for irrigation only and not ground water recharge may be mixed with other irrigation water only in a lined pond. Water from these mixed ponds may then be used for permitted Class A uses.(4-6-23)

v.Operators of Class A recycled water distribution systems, including operators of distribution systems that use a combination of Class A recycled water and other irrigation waters, operators of the distribution system from the wastewater treatment plant to the point of compliance or point of use or point of sale, as applicable, and operators employed by buyers of the Class A recycled water for subsequent use, including home occupants, must sign a utility user agreement from the utility providing the Class A recycled water that states the user understands the origin of the effluent and the concept of agronomic rate for applying the Class A recycled water. Include these requirements in contracts for sale of Class A recycled water for subsequent use. Individual homeowners are allowed to operate or maintain Class A recycled water distribution systems. Providers of the Class A recycled water must offer a public education program within its service area to teach potential customers the benefits and responsibilities of using Class A recycled water. (4-6-23)

b.Surface water features, such as landscape impoundments used for Class A recycled water, that are not lined or sealed to prevent seepage may be approved if ground water quality standards for ground water protection are met.(4-6-23)

c.The Department approves the use of the following filter technologies to comply with these rules:

i.Technologies approved and listed in the State of California Alternative Treatment Technology Report for Recycled Water.(4-6-23)

ii.The Department may approve filtration technologies other than those referenced in Subsection 605.03.c.i. if a written request is submitted with the product information. Approval of these filtration technologies will be in accordance with procedures in the State of California Alternative Treatment Technology Report for Recycled Water.(4-6-23)

d.The Department may require certain types of Class A recycled water filtration facilities to install and operate a filter-to-waste system that operates each time a filter starts up. Filter-to-waste systems automatically filter to waste until the effluent meets the required turbidity standard.(4-6-23)

e.Reliability and Redundancy Standards.(4-6-23)

i.Treatment systems must treat maximum day flow for the season in which Class A recycled water is produced and provide one (1) of the following alternative back-up systems:(4-6-23)

(1)Another permitted disposal option; or(4-6-23)

(2)Diversion to adequate lined storage capable of storing Class A recycled water during a malfunction or emergency.(4-6-23)

ii.An alternative back-up system is automatically activated if turbidity exceeds or chlorine residual drops below the instantaneous required value for more than five (5) minutes, or if the alternative filtration/ disinfection system is not achieving its required 5-log removal/inactivation of virus for more than five (5) minutes.

The maximum number of times a facility could exceed on this basis is twice in one (1) week, and both times must be immediately reported. Failure to report or exceeding more than twice in one (1) week are sufficient grounds for the Department to shut down the system for inspection and repair.(4-6-23)

iii.Redundant monitoring equipment and automatic by-pass equipment must be provided.(4-6-23)

iv.Standby power is sufficient to maintain all treatment and distribution works or to meet the requirements for an alternative back-up system for the Class A recycled water facilities.(4-6-23)

f.New Class A recycled water systems defined as public utilities in Sections 61-104 (Corporation), 61-124 (Water System), 61-125 (Water Corporation), and 61-129 (Public Utility), Idaho Code, are governed by and must meet the requirements of Chapter 1, Title 61, Idaho Code, Public Utilities Law, and IDAPA 31.01.01, “Rules of Procedure of the Idaho Public Utilities Commission.” In any conflict arising out of the application of these rules and IDAPA 31.01.01, follow IDAPA 31.01.01.(4-6-23)

IDAPA 58.01.17.606 Reuse Facility: Rapid Infiltration System

01.Criteria. Pl ans and specifications submitted to the Department for review and approval must demonstrate compliance with the following design criteria:(4-6-23)

a.Design the system to allow complete infiltration of recycled water into the soil followed by subsurface soil percolation where applied recycled water is transmitted down and away from the infiltration basins, without excessive mounding;(4-6-23)

b.Ensure the system consists of either two (2) or more cells that can be alternately loaded and rested, or one (1) cell preceded by an effluent storage or stabilization pond system. Where only one (1) cell is provided, ensure the storage and stabilization pond(s) have sufficient capacity to allow intermittent loading of the rapid infiltration systems;(4-6-23)

c.Design the rapid infiltration system to provide even distribution of the recycled water and prevent erosion; and(4-6-23)

d.Design the system to ensure proper operation during cold weather conditions.(4-6-23)

02.Requirements. Loading to a rapid infiltration system may not exceed the hydraulic, organic, nitrogen, suspended solids, or other limits specified in the permit or plans and specifications developed pursuant to a permit requirement. The Department will consider past operating performance, ability of the soils to treat the pollutants in the recycled water, hydrogeologic characteristics of the site such as permeability and infiltration rates, and other relevant information when determining discharge limitations.(4-6-23)

IDAPA 58.01.17.607 Ground Water Recharge Through Surface Application

01.Requirements.

Minimum requirements for site location and aquifer storage time are based on sitespecific modeling.(4-6-23)

2. Ground Water Monitoring. Provision must be made for monitoring the quality of the ground water in proximity of the application site. The ground water monitoring program is subject to approval by the Department.(4-6-23)

3. Down Gradient Beneficial Uses. Ground water recharge systems must be designed and operated in a matter that protects the beneficial uses of ground water on down gradient properties not under the control of the system owner.(4-6-23)

IDAPA 58.01.17.608 Permit for Industrial Reuse Facilities

1. Requirements. Indus trial wastewater or recycled water may only be used according to a permit issued pursuant to these rules. Permit conditions and limitations are developed by the Department on a case-by-case basis and take into account specific characteristics of the wastewater to be recycled and treatment needed to ensure recycled water use complies with IDAPA 58.01.11, “Ground Water Quality Rule,” and IDAPA 58.01.02, “Water Quality Standards.” The permit application, processing, and issuance procedures set forth in these rules apply to industrial reuse permits.(4-6-23)

02.Permit Content. The Department includes provisions from Section 500, Standard Conditions, in all permits issued for industrial recycled water use. The Department will develop additional permit conditions on a case-by-case basis considering the following:(4-6-23)

a.Risk to human health and the environment;(4-6-23)

b.Degree of public access to the facility site where the recycled water is used and degree of human exposure anticipated;(4-6-23)

c.Additional measures to prevent nuisance conditions;(4-6-23)

d.Specific recycled water quality needed for the intended type of reuse; and(4-6-23)

e.Means of applying the recycled water.(4-6-23)

IDAPA 58.01.17.609 General Reuse Permits

01.General Reuse Permit.

The Department may issue at its discretion a general reuse permit according to the following:(4-6-23)

a.For wastewater or recycled water reuse that is determined by the Department to have minimal impact to human health and the environment; and(4-6-23)

b.Involves the same or substantially similar: (4-6-23)

i.Wastewater sources;(4-6-23)

ii.Treatment practices;(4-6-23)

iii.Reuse methods; or(4-6-23)

iv.Monitoring.(4-6-23)

02.Conditions. General reuse permits must include applicable conditions from Sections 500 and 600.

03.Application for Coverage. Facilities applying for coverage of a general reuse permit must provide the applicable information required under Section 300.03.(4-6-23)

04.Administration.(4-6-23)

a.When issuing general reuse permits, the Department will follow Section 400 as applicable.

b.When modifying general reuse permits, the Department will follow Section 700 as applicable.

c.The Department will develop a staff analysis for each general reuse permit.(4-6-23)

d.The Department may terminate, revoke, or deny coverage under a general permit, and require the applicant to apply for and obtain a reuse permit.(4-6-23)

e.Any owner authorized by a general permit may request to be excluded from the coverage of the general permit by applying for a reuse permit.(4-6-23)

IDAPA 58.01.17.610 (Reserved)

IDAPA 58.01.17.700 Permit Modification

01.Causes.

A permit modification may be initiated by a permittee through a modification request or by the Department if one (1) or more of the following causes exist.(4-6-23)

a.Material and substantial alterations or additions to the permitted facility or activity occurred after permit issuance which justify applying permit conditions that are different or absent in the existing permit. (4-6-23)

b.Standards or regulations on which the permit was based amended by promulgation or by judicial decision after the permit was issued.(4-6-23)

c.The Department determines good cause exists for modifying a compliance schedule or terms and conditions of a permit.(4-6-23)

d.Level of discharge of any pollutant that is not limited in the permit exceeds the level that may cause an adverse impact to surface or ground waters.(4-6-23)

e.Correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining permit conditions.(4-6-23)

f.When a treatment technology proposed, installed, and properly operated and maintained by the permittee fails to achieve the requirements of the permit.(4-6-23)

02.Minor Modifications. Minor permit modifications may be made without issuing a draft permit or public review. Examples include:(4-6-23)

a.The correction of typographical errors or formatting changes;(4-6-23)

b.Transfer of ownership or operational control, or responsible official;(4-6-23)

c.Change in monitoring or reporting frequency requirements, or revision of a laboratory method;

d.Extend the permit expiration date or change compliance due date;(4-6-23)

e.Change or add a sampling location;(4-6-23)

f.Change to a higher level of treatment without a change in end uses;(4-6-23)

g.Change in terminology;(4-6-23)

h.Removal of an allowed use;(4-6-23)

i.Correct minor technical errors, such as citations of law, and citations of construction specifications;

j.Change in a contingency plan resulting in equal or more efficient responsiveness; or(4-6-23)

k.Removal of acreage from irrigation without an increase in loadings.(4-6-23)

03.Major Modifications. The procedure for major modifications is the same as for a new permit.

Examples include:(4-6-23)

a.Changes in the treatment system;(4-6-23)

b.Adding an allowed use;(4-6-23)

c.Changes to a lower (less treated) class of water;(4-6-23)

d.Adding acreage used for irrigation; or(4-6-23)

e.Changes to less stringent discharge limitations.(4-6-23)

IDAPA 58.01.17.701 (Reserved)

IDAPA 58.01.17.800 Permit Transfer

01.General.

A permit may be transferred only upon Department approval. No transfer is required for a corporate name change if the permittee, via secretary of state filings, can verify a change in name alone occurred. An attempted transfer is not effective until approved in writing by the Department.(4-6-23)

02.Request. Either the permittee or the person to whom the permit is proposed to be transferred (transferee) must submit to the Department for transfer at least thirty (30) days before the proposed transfer date. The request for transfer includes:(4-6-23)

a.Legal name and address of the permittee;(4-6-23)

b.Legal name and address of the transferee; (4-6-23)

c.Location and the common name of the facility;(4-6-23)

d.Date of proposed transfer;(4-6-23)

e.Sufficient documentation for the Department to determine that the transferee will comply with IDAPA 58.01.16, “Wastewater Rules,” relating to technical, financial, and managerial capacity;(4-6-23)

f.Signed declaration by the transferee that the transferee has reviewed the permit and understands the terms of the permit;(4-6-23)

g.Sworn statement that the request is made with the full knowledge and consent of the permittee if the transferee is submitting the request;(4-6-23)

h.Identification of any judicial decree, compliance agreement, enforcement order, or other outstanding obligating instrument, the terms of which have not been met, along with legal instruments sufficient to address liabilities under such decree, agreement, order, or other obligating instrument; and(4-6-23)

i.Other information the Department may reasonably request.(4-6-23)

03.Effective Date. The effective date of the transfer is the date of the Department’s approval. (4-6-23)

04.Compliance with Permit Conditions. Responsibility for compliance with the permit and liability for any associated violation is assumed by the transferee upon the effective date. Before transfer approval, the permittee is responsible for complying with the permit and is liable for any associated violation, regardless of whether ownership or operational control of the permitted facility has been transferred.(4-6-23)

05.Transferee Liability Before Transfer Approval. If a proposed transferee causes or allows operation of the facility under his ownership or control before approval of the permit transfer, the transferee is considered to be operating without a permit or authorization required by these rules and may be cited for additional violations as applicable.(4-6-23)

06.Compliance Record of Transferee. The Department may consider the prior compliance record of the transferee, if any, in the decision to approve or disapprove a transfer.(4-6-23)

IDAPA 58.01.17.801 Temporary Cessation of Operations and Closure

01.Temporary Cessation.

A permittee must implement any applicable conditions specified in the permit for temporary cessation of operations. When the permit does not specify applicable temporary cessation conditions, the permittee must notify the Department before a temporary cessation of reuse operations at the facility greater than sixty (60) days in duration and any cessation not for regular maintenance or repair. Cessation of operations necessary for regular maintenance or repair of a duration of sixty (60) days or less do not require Department notification under this section. Notification compliance under this section includes a proposed temporary cessation plan to ensure the cessation of operations will not pose a threat to human health and the environment.

02.Closure. A closure plan is required when a facility is closed voluntarily and when a permit is revoked. A permittee implements any applicable conditions specified in the permit for facility closure. Unless otherwise directed by the terms of the permit or by the Department, the permittee submits a closure plan to the Department for approval at least ninety (90) days before ceasing operations. The closure plan ensures the closed facility will not pose a threat to human health and the environment. Closure plan approval may be conditioned upon a permittee’s agreement to complete such site investigations, monitoring, and any necessary remediation activities. A permittee must complete all closure plan activities.(4-6-23)

IDAPA 58.01.17.802 (Reserved)

IDAPA 58.01.17.920 Permit Revocation

01.Conditions.

The Department may revoke a permit or coverage under a reuse general permit if the permittee violates any permit condition or these rules, or the Department becomes aware of any omission or misrepresentation of condition or information relied upon when issuing the permit.(4-6-23)

02.Notice. Except in emergencies, the Department will issue a written notice of intent to revoke to the permittee before final revocation. Revocation becomes final within thirty-five (35) days of the permittee receiving notice unless, within that time, the permittee requests an administrative hearing in writing. The hearing is conducted according to IDAPA 58.01.23, Contested Case Rules and Rules for Protection and Disclosure of Records.(4-6-23)

03.Emergency Action. If the Department finds the human health, safety, or welfare requires emergency action, the Department will incorporate findings to support the action and issue a written notice of emergency revocation to the permittee. Emergency revocation is effective upon receipt by the permittee. If requested by the permittee in writing, the Department will provide the permittee a revocation hearing. Hearings are conducted according to IDAPA 58.01.23, Contested Case Rules and Rules for Protection and Disclosure of Records.(4-6-23)

04.Revocation and Closure. A permittee must perform the closure requirements in a permit and these rules and complete all closure plan activities regardless of the permit revocation.(4-6-23)

IDAPA 58.01.17.921 (Reserved)

IDAPA 58.01.17.940 Waivers

Waivers from these rules may be granted by the Department on a case-by-case basis upon full demonstration by the person requesting the waivers that activities for which the waivers are granted will not have a detrimental effect upon existing water quality and beneficial uses are adequately protected. A violation of a waiver from these rules is a violation of the rules.(4-6-23)

IDAPA 58.01.17.941 (Reserved)

58.01.12 Rules for Administration of Wastewater and Drinking Water Loan Funds

IDAPA 58.01.12.000 Legal Authority

Chapters 1, 36, and 76, Title 39, Idaho Code.(7-1-26)

IDAPA 58.01.12.001 Scope

These rules establish administrative procedures for establishing, implementing and administering two (2) state loan programs for provi ding financial assistance to eligible applicants of wastewater and drinking water projects. The U.S.

Environmental Protection Agency provides annual capitalization grants to the state of Idaho for these programs.

Financial assistance projects must be in conformance with the provisions of Subchapter VI of the federal Clean Water Act (33 U.S.C. Sections 1381 et seq.) and the Safe Drinking Water Act (42 U.S.C. Section 300j et seq.).(7-1-26)

IDAPA 58.01.12.002 (Reserved)

IDAPA 58.01.12.003 Administrative Appeals

Persons may be entitled to appeal agency actions authorized under these rules pursuant to IDAP A 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-24-22)

IDAPA 58.01.12.004 Referenced Material

01.Customer Handbook Grants And Loans Program (Handbook).

Available at the Idaho Department of Environmental Quality, Drinking Water Protection and Finance Division, 1410 N. Hilton, Boise, ID 83706-1255, (208) 373-0502, or https://www.deq.idaho.gov.(7-1-26)

02.Idaho Standards for Public Works Construction. This document is available for a fee from the Local Highway Technical Assistance Council (LHTAC) at LHTAC, 3330 Grace Street, Boise, ID, 83703, (208)344- 0565, http://lhtac.org/resources/ispwc.(7-1-26)

IDAPA 58.01.12.005 (Reserved)

IDAPA 58.01.12.007 Definitions

The terms “Board,” “Department,” “Director” and “State” are defined in Section 39-103, Idaho Code. The term “Public Drinking Water System” (which includes “Community Water System,” and “Non-community Water System”) is defined in IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems.” The terms “Wastewater,” and “Wastewater System” are defined in IDAPA 58.01.16, “Wastewater Rules.”(7-1-26)

01.Affordability. An applicant’s ability to pay for drinking water or wastewater service and infrastructure improvements while maintaining reasonable water and sewer rates for residents.(7-1-26)

02.Annual User Rate. The rate for drinking water or wastewater service for residential users based on all operating, maintenance, replacement and debt service costs for the existing system and for upgrades of proposed alternative.(7-1-26)

03.Applicant. An eligible system or nonpoint source project sponsor that has the ability to establish and maintain a loan repayment.(7-1-26)

04.Categorical Exclusion (CE). Category of actions which do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental information document nor an environmental impact statement is required.(3-24-22)

05.Contaminant. Any physical, chemical, biological, or radiological substance or matter in water.

06.Disadvantaged Community. A community or service area of a drinking water or wastewater system that meets the affordability criteria in Section 021 and may be eligible for loan modification, additional subsidy, or assistance.(7-1-26)

07.Disadvantaged Loans. Loans made to a disadvantaged community.(3-24-22)

08.Eligible Costs. Costs which are necessary for planning, designing and/or constructing drinking water or wastewater systems, or implementation of water pollution control projects. To be eligible, costs must be reasonable and not ineligible costs. The determination of eligible costs will be made by the Department pursuant to Section 041.(7-1-26)

09.Environmental Impact Statement (EIS). A document prepared by the applicant when the Department determines that the proposed construction project will significantly affect the environment. The major purpose of the EIS will be to describe fully the significant impacts of the project and how these impacts can be either avoided or mitigated. The environmental review procedures contained in Chapter 5 of the Handbooks may be used as guidance when preparing the EIS.(7-1-26)

10.Environmental Information Document (EID). Any written environmental assessment prepared by the applicant describing the environmental impacts of a proposed wastewater or drinking water construction project. This document will be of sufficient scope to enable the Department to assess the environmental impacts of the proposed project.(7-1-26)

11.Financial Management System. Uniform method of recording, summarizing and analyzing financial information about the loan applicant.(3-24-22)

12.Finding of No Significant Impact (FONSI). A document prepared by the Department presenting the reasons why an action, not otherwise excluded, will not have a significant effect on the human environment and for which an EIS will not be prepared. It must include the environmental assessment or a summary of it and shall note any other environmental documents related to it.(7-1-26)

13.Implementation Plan. Nonpoint source project implementation plan or work plan provides detailed documentation of the proposed project including list of tasks, schedule of tasks, agency/contractor/entity responsible for implementation of the project tasks, adequate time schedules for completion of all budget tasks, and the anticipated results of the project.(7-1-26)

14.Ineligible Costs. Costs which are not eligible for funding pursuant to these rules.(3-24-22)

15.Loan Recipient. An applicant who has been awarded a loan.(3-24-22)

16.Nonpoint Source Pollution. Water pollution that enters the waters of the state from nonspecific and diffuse sources and is the result of runoff, precipitation, drainage, seepage, hydrological modification or land disturbing activities.(3-24-22)

17.Nonpoint Source Project Sponsor. Any applicant for wastewater loan funds to address nonpoint source pollution.(3-24-22)

18.Nonprofit Noncommunity Water System. A public drinking water system that is not a community water system and is governed by 26 U.S.C Section 501 of the Internal Revenue Code and includes, but is not limited to, state agencies, municipalities and nonprofit organizations such as churches and schools.(7-1-26)

19.Operation and Maintenance Manual. For wastewater or drinking water facilities, a guidance and training manual outlining the optimum operation and maintenance of the facilities and their components. For nonpoint source water pollution control projects, a plan that incorporates applicable sections of the Natural Resources Conservation Service Field Office Technical Guide, for implementation of best management practices.(3-24-22)

20.Planning Document. A document which describes the condition of a public wastewater or drinki ng water system and presents a cost effective and environmentally sound alternative to achieve or maintain regulatory compliance. Engineering reports and facility plans are examples of such planning documents. The planning documents must be prepared by or under the responsible charge of an Idaho licensed professional engineer and bear the imprint of the engineer’s seal. Requirements for planning documents prepared using loan funds are provided in Section 030 and in the Handbook.(7-1-26)

21.Priority List. An integrated list of proposed wastewater system and nonpoint source pollution control projects rated as described in Section 020; or a list of proposed drinking water projects rated by severity of risk to public health, the necessity to ensure compliance with IDAPA 58.01.08, Idaho Rules for Public Drinking Water Systems, and the Safe Drinking Water Act (42 U.S.C. Section 300j et seq.), population affected, and need on a household basis for protection of Idaho's public drinking water.(7-1-26)

22.Readiness to Proceed. The progress which a loan applicant has made toward completion of tasks necessary to receive a loan (e.g. bond election, local improvement district formation, judicial confirmation towards debt authority, completion of facility plan).(7-1-26)

23.Reserve Capacity. That portion of the facility that is designed and incorporated in the constructed facilities to handle future demand upon the system.(3-24-22)

24.Sewer Use Ordinance/Sewer Use Resolution. An ordinance or resolution that requires new sewers and connections to be properly designed and constructed, prohibits extraneous sources of inflow, and prohibits introduction of wastes into the sewer in an amount that endangers the public safety or the physical or operational integrity of the wastewater system.(7-1-26)

25.Supplemental Grants. Grant funds awarded in conjunction with a loan or as a standalone to the project.(7-1-26)

26.Suspension. An action by the Director to suspend a loan contract prior to project completion for a specified cause. Suspended contracts may be reinstated.(3-24-22)

27.Sustainability. Sustainability will include efforts for energy and water conservation, extending the life of capital assets, green building practices, and other environmentally innovative approaches to infrastructure repair, replacement and improvement.(3-24-22)

28.Termination. An action by the Director to permanently terminate a loan contract prior to project completion for a specific cause. Terminated contracts will not be reinstated.(3-24-22)

29.User Charge System. A system of rates and service charges applicable to specific types of users, including any legal enforcement mechanism that provides sufficient reserves and/or revenues for debt retirement, operation and maintenance, and replacement of the installed equipment or structures.(7-1-26)

30.Water Pollution Control Project. Any project that contributes to the removal, curtailment, or mitigation of pollution of the surface waters or groundwater of the state, or the restoration of the quality of said waters, and conforms to any applicable planning document which has been approved in the State Water Quality Management Plan. This includes the planning, design, construction/implementation or any other distinct stage or phase of a project.(7-1-26)

31.Water System Protection Ordinance. An ordinance adopted pursuant to Chapter 32, Title 42, Idaho Code, or other applicable law that requires new connections to be properly designed and constructed, which prohibits cross-connections with non-potable water sources and in all ways protects the water system from injection of contaminants, and that provides for fees for service from users or classes of users.(3-24-22)

IDAPA 58.01.12.008 Eligible Systems

01.Eligible Drinking Water Systems. Co mmunity public water systems and nonprofit noncommunity water systems.(7-1-26)

02.Eligible Wastewater Systems. Counties, cities, special service districts, other governmental entities, and nonprofit corporations with authority to collect, treat, or dispose of wastewater or otherwise provide direct water quality benefits.(7-1-26)

03.Assistance to Ensure Compliance. Public water systems are not eligible for a loan unless:

a.The use of the assistance will ensure compliance;(3-24-22)

b.The owner or operator of the system agrees to undertake feasible and appropriate changes in operations (including ownership, management, accounting, rates, maintenance, consolidation, alternative water supply, or other procedures); and(7-1-26)

c.The Department determines that the measures are necessary to ensure the system has the technical, managerial, and financial capability to achieve compliance.(7-1-26)

IDAPA 58.01.12.009 Ineligible Systems

01.Ineligible Wastewater Systems.

Wastewater systems owned by individuals or for-profits; (7-1-26)

02.Ineligible Drinking Water Systems. Drinking water systems in significant noncompliance with any requirement of IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems,” and the Safe Drinking Water Act (42 U.S.C. Section 300j et seq.).(7-1-26)

03.Delinquent Systems. Systems delinquent in payment of fines, state revolving fund loans, penalties, or fee assessments due to the Department.(7-1-26)

IDAPA 58.01.12.010 Financial and Management Capability Analysis

No loans will be awarded for projects unless the applicant has dem onstrated and certified that it has the legal, technical, managerial, and financial capabilities provided in these rules to ensure construction, operation and maintenance, and to repay principal, interest, and any fees that may be due on a loan.(7-1-26)

01.Information Needed. Applicants are to submit a completed application for financial and management capability analysis as outlined in Section 040.(7-1-26)

02.Incorporated Nonprofit Applicants.(3-24-22)

a.In addition to all other information required to be submitted by these rules, an incorporated nonprofit applicant must demonstrate to the satisfaction of the Department by its articles of incorporation and/or bylaws, that the corporation is:(7-1-26)

i.Nonprofit and lawfully incorporated pursuant to Chapter 3, Title 30, Idaho Code;(7-1-26)

ii.Authorized to incur indebtedness to construct, improve or repair wastewater or drinking water facilities and/or implement water pollution control nonpoint source projects;(7-1-26)

iii.Authorized to secure indebtedness by pledging corporation assets, including any revenues raised through a user charge system;(7-1-26)

iv.Capable of raising revenues sufficient to repay a loan; and(7-1-26)

v.Exists either perpetually or for a period long enough to repay a project loan.(7-1-26)

b.The Department may impose conditions on the making of a facility loan or water pollution control nonpoint source project to an incorporated nonprofit applicant that are necessary to carry out the provisions of these rules and Chapters 1, 36, and or 76, Title 39, Idaho Code.(7-1-26)

03.Cost Allocation. An applicant proposing a wastewater, drinking water or nonpoint source project designed to serve two (2) or more entities must show how the costs will be allocated among the participating entities.

Such applicants must provide an executed intermunicipal service agreement which, at a minimum, incorporates the following information:(3-24-22)

a.The basis upon which the costs are allocated;(3-24-22)

b.The formula by which the costs are allocated; and(3-24-22)

c.The manner in which the cost allocation system will be implemented.(3-24-22)

04.Waivers. The provision in Subsection 010.03 may be waived by the Department if the applicant can demonstrate:(7-1-26)

a.Such an agreement is already in place;(3-24-22)

b.There is documentation of a service relationship in the absence of a formal agreement; or (3-24-22)

c.An applicant exhibits sufficient financial strength to continue the project if one (1) or more of the applicants fails to participate.(3-24-22)

IDAPA 58.01.12.011 (Reserved)

IDAPA 58.01.12.020 Priority Rating System

01.Purpose.

A priority rating system will be utilized by the Department to annually allot available funds to wastewater and drinking water projects determined eligible for funding assistance under these rules.

02.Priority Rating for Drinking Water Systems. The priority rating system will be based on a numerical points system. Priority criteria will contain the following points.(7-1-26)

a.Any documented condition that creates, or may create, a public health hazard or danger to the consumer’s health, which may include any one (1) or more of the following, may be awarded a maximum of one hundred (100) points:(7-1-26)

i.Unresolved violations of the primary drinking water standards including maximum contaminant levels, action levels, and treatment techniques (to include maximum contaminant levels for acute and chronic contaminants);(7-1-26)

ii.Unresolved violations of pressure requirements;(7-1-26)

iii.Reduction in source capacity that impacts the system’s ability to reliably serve water;(7-1-26)

iv.Significant deficiencies (e.g., documented in a sanitary survey) in the physical system that are causing the system to not reliably serve safe drinking water; or(7-1-26)

v.Unregulated contaminants shown by EPA to be a risk to public health.(7-1-26)

b.General Conditions of Existing Facilities. Points will be given based on deficiencies, which may not constitute a public health hazard, for pumping, treating, and delivering drinking water - up to sixty (60) points.

c.Sustainability efforts (e.g., prospective efforts at energy conservation, water conservation, extending the life of capital assets, green building practices, and other environmentally innovative approaches to infrastructure repair, replacement and improvement) - up to fifty (50) points.(7-1-26)

d.Regulatory compliance issues (e.g., noncompliance and resulting legal actions relating to infrastructure deficiencies of drinking water system) - up to thirty (30) points.(7-1-26)

e.Incentives. Bonus points will be awarded to systems including such things as source water protection, economy, proper operation and maintenance, and monitoring - up to ten (10) points.(7-1-26)

f.Affordability. Systems that meet the state affordability criteria and are defined as a disadvantaged community - up to fifty (50) points.(7-1-26)

03.Priority Rating for Wastewater Systems. The priority rating system will be based on a numerical point system. Priority criteria will contain the following points:(7-1-26)

a.Regulatory compliance issues (e.g., noncompliance and resulting legal actions relating to infrastructure deficiencies of a wastewater system) - up to one hundred (100) points.(7-1-26)

b.Watershed restoration (e.g., implementation of best management practices or initiation of construction at wastewater collection and treatment facilities as part of an approved total maximum daily load plan, implementation of nonpoint source management actions in protection of a threatened water, or is part of a special water quality effort) - up to one hundred (100) points.(7-1-26)

c.Watershed protection from impacts (e.g., improvement of beneficial use(s) in a given water body, evidence of community support, or recognition of the special status of the affected water body) - up to one hundred (100) points.(7-1-26)

d.Preventing impacts to uses (nonpoint source pollution projects) - up to one hundred (100) points.

e.Sustainability efforts (e.g., prospective efforts at energy conservation, water conservation, extending the life of capital assets, green building practices, and other environmentally innovative approaches to infrastructure repair, replacement and improvement) - up to fifty (50) points.(7-1-26)

f.Affordability. Systems that meet the state affordability criteria and are defined as a disadvantaged community – up to fifty (50) points.(7-1-26)

04.Priority List. A list will be developed from projects rated according to Section 020, submitted for public review and comment, and submitted to the Board for approval.(7-1-26)

a.Whenever significant changes occur, which in the Department’s judgment may affect the design parameters or treatment requirements by either increasing or decreasing the need for or scope of any project, a reevaluation of that priority rating will be conducted.(7-1-26)

b.A project that does not or will not meet the Department schedule that allows for timely utilization of loan funds may be bypassed, substituting in its place the next highest ranking project(s) that is ready to proceed.

An eligible applicant that is bypassed will be notified in writing of the reasons for being bypassed.(7-1-26)

05.Amendment of a Priority List. The Director may amend a priority list as set forth in Section 995.

IDAPA 58.01.12.021 Disadvantaged Loans and Affordability

The Department may award disadvantaged loans to applic ants deemed a disadvantaged community using the following criteria:(7-1-26)

01.Disadvantaged Community. In order to qualify for a disadvantaged loan, A disadvantaged community may be designated by the Department as a Tier 1, Tier 2, or Tier 3 disadvantaged community if the following affordability criteria are met:(7-1-26)

a.Tier 1 disadvantaged community is considered disadvantaged if the community:(7-1-26)

i.Is at or below state median household income (MHI); or(7-1-26)

ii.Has an MHI equal to or less than one hundred twenty-five percent (125%) of the state MHI and the system meets one (1) of the following four (4) criteria:(7-1-26)

(1)Greater than the state poverty rate;(7-1-26)

(2)Greater than the state unemployment rate;(7-1-26)

(3)The population trend over the most recent five years shows a stagnant or decreasing trend; or (4)Annual user rate exceeds one and one-half percent of community’s MHI.(7-1-26)

b.Tier 2 disadvantaged community is considered disadvantaged if the criteria in Subsection 021.01.a. is met and the annual user rates, based on all operating, maintenance, replacement, and debt service costs (both for the existing system and for upgrades of proposed alternative) for either drinking water or wastewater services exceed two percent (2%) of the applicant community’s MHI.(7-1-26)

c.Tier 3 disadvantaged community is considered disadvantaged if the criteria in Subsections 021.01.a. and 021.01.b. are met and the MHI of the applicant’s community is less than eight tenths (0.8) the current statewide MHI.(7-1-26)

d.Special conditions and adjustments may include the following.(7-1-26)

i.If the applicant's service area is not within the boundaries of a municipality, or if the applicant’s service area’s MHI is not consistent with the municipality as a whole, the applicant may use the census data for the county or the most representative area in which it is located or may use a representative survey, conducted by a Department approved, objective third party, to verify the MHI of the applicant’s service area.(7-1-26)

ii.The affordability criteria may be adjusted by the Department on a case-by-case basis if there is a demonstration of special conditions and if approved by the Board as part of the Intended Use Plan.(7-1-26)

02.Disadvantage Loans. The Department will prioritize loan modifications to Tier 3 disadvantaged communities, then Tier 2 and Tier 1 disadvantaged communities such that the loan modifications do not result in user rates below two percent (2%) of the MHI.(7-1-26)

a.A disadvantaged loan may be a thirty (30) year loan unless the design life of the project is documented to be less than thirty (30) years. For wastewater loan funding, the length of the repayment period is set at the loan recipient’s discretion, up to the maximum repayment period of thirty (30) years.(7-1-26)

b.The interest rate may be reduced from the rate established by the Department to a rate that results in an annual user rate equal to two percent (2%) of the MHI. If the annual user rate still exceeds two percent (2%) of the MHI with the rate reduction, then the community may be provided with principal forgiveness.(7-1-26)

c.Principal forgiveness will be allocated proportionally among prioritized disadvantaged communities in the Intended Use Plan. The principal forgiveness may be revised from the initial estimates in the Intended Use Plan based upon review of the total indebtedness.(7-1-26)

d.The Department may make adjustments to the disadvantaged loan terms on a case-by-case basis if special conditions exist and are outlined in the Intended Use Plan for Board approval.(7-1-26)

IDAPA 58.01.12.022 Supplemental Grants

In conjunction with loans, the Department may award supplem ental grants as determined by Director and Board approval.(7-1-26)

IDAPA 58.01.12.023 (Reserved)

IDAPA 58.01.12.030 Project Scope and Funding

Loan funds awarded under this program may be used to prepare a facility planning document which identifies the cost ef fective and environmentally sound alternative to achieve or maintain compliance with IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems,” the Safe Drinking Water Act, 42 U.S.C., Sections 300j et seq., IDAPA 58.01.16, “Wastewater Rules,” and the Clean Water Act, 33 U.S.C. Sections 1381 et seq., and which is approvable by the Department. Loan funds may also be used for design and construction of the chosen alternative and project specific efforts committed to in the Letter of Interest submitted for the project.(7-1-26)

01.Nonpoint Source Implementation Funding. Eligible nonpoint source water pollution control projects may be funded when all of the following criteria are met:(3-24-22)

a.Consistent with and implements the Idaho Nonpoint Source Management Plan.(3-24-22)

b.Data is used to substantiate a nonpoint source pollutant problem or issue exists and is described or directly referenced.(3-24-22)

c.Completed project implementation plan or work plan.(3-24-22)

d.Project commitment documentation through demonstrated ability for loan repayment.(3-24-22)

e.The project includes documentation that the project owner(s), manager(s), or the sponsoring agency will maintain the project for the life of the project (e.g., Maintenance Agreement).(3-24-22)

f.The project provides adequate tracking and evaluation of the effectiveness of the water quality improvements being funded by either the project owner/manager or the sponsoring agency throughout the life of the project.(3-24-22)

g.The project demonstrates nexus/benefit to municipality through a letter of support from one (1) or more affected municipalities.(3-24-22)

02.Facility Funding.(7-1-26)

a.Projects may include:(7-1-26)

i.Planning document prepared in accordance with the Handbook;(7-1-26)

ii.Design which includes the preparation of the detailed engineering plans and specifications necessary for the bidding and construction of the project;(7-1-26)

iii.Construction, which includes bidding and actual construction of the project or(7-1-26)

iv.A combination of planning, design and construction listed above.(7-1-26)

b.If a project does not proceed to construction, loans for planning and design will be amortized and a repayment schedule prepared by the Department.(7-1-26)

c.Loans for construction will not be awarded until a final cost effective and environmentally sound alternative has been selected in the planning document and approved by the Department.(7-1-26)

i.If the planning document has not been completed pursuant to IDAPA 58.01.22, “Rules for Administration of Planning Grants for Drinking Water and Wastewater Facilities,” then the loan recipient must complete the following:(7-1-26)

(1)Public comment period is held after alternatives have been developed and the Department has approved the draft planning document;(7-1-26)

(2)Provide written notice of the public comment period and hold at least one (1) public meeting within the jurisdiction of the grant recipient during the public comment period;(7-1-26)

(3)Present the draft planning document with an explanation of the alternatives identified;(7-1-26)

(4)Consider public comments received from those affected by the proposed project; and(7-1-26)

ii.After the public meeting and public comment period, the final alternative is selected and the state environmental review process completed.(7-1-26)

d.Funding for reserve capacity of a wastewater treatment facility will not exceed a twenty (20) year population growth and funding for reserve capacity of a wastewater collection system will not exceed a forty (40) year population growth as determined by the Department.(7-1-26)

e.Funding for reserve capacity of a drinking water system will not exceed a twenty (20) year population growth, except that distribution and transmission lines which may be planned for a forty (40) year useful life.(7-1-26)

03.Professional Services. The engineering firm selected must meet the following qualifications at a minimum:(7-1-26)

a.Be a registered professional engineer currently licensed by the Idaho Board of Professional Engineers and Land Surveyors;(7-1-26)

b.Not be debarred or otherwise prevented from providing services under another federal or state financial assistance program; and(7-1-26)

c.Be covered by professional liability insurance in accordance with Section 050.(7-1-26)

IDAPA 58.01.12.031 Limitation of Preloan Engineering Reviews

Preloan engineering documents prepared by consulting engineers wil l be reviewed by Department staff only when the consulting engineer carries professional liability insurance in accordance with Section 050.(7-1-26)

IDAPA 58.01.12.032 Loan Fee

01.Loan Fee.

The Department may elect to impose a loan fee when necessary to offset the costs of administering the loan program, to provide planning assistance, or to otherwise facilitate the operation of the loan efforts. The loan fee will not exceed one percent (1%) of the unpaid balance of the loan at the time each loan payment is due.(7-1-26)

02.Effect on Loan Interest Rate. The loan interest rate, as described in Section 050, will be reduced by the corresponding percentage of the loan fee.(3-24-22)

03.Payment of Loan Fee. The loan fee will be due and payable concurrently with scheduled loan principal and interest repayments over the repayment period.(7-1-26)

IDAPA 58.01.12.033 (Reserved)

IDAPA 58.01.12.040 Loan Application and Review

01.Submission of Application.

Those eligible systems that received high priority ranking and are ready to proceed will be invited to apply. The applicant must submit to the Department, a completed application on a form as prescribed by the Department.(7-1-26)

02.Application. Applications must contain the following documentation, as applicable:(7-1-26)

a.The construction funding application and all the accompanying documentation requested. This information may include, but is not limited to, financial control policy, managerial policies, financial statements, annual operating costs, and information regarding the financing, including the legal debt limit of the applicant, and the existence and amount of any outstanding bonds or other funding which may affect the project;(7-1-26)

b.If applicable, a resolution passed by the governing body authorizing an elected official or officer of the applicant to execute a loan contract and sign subsequent loan disbursement requests;(7-1-26)

c.Contracts for engineering or other technical services and the description of costs and tasks set forth therein must be in sufficient detail for the Department to determine whether the costs associated with the tasks are eligible costs pursuant to Section 041;(7-1-26)

d.A description of other costs, not included in the contracts for engineering or other technical services, for which the applicant seeks funding. The description of the costs and tasks for such costs must be in sufficient detail for the Department to determine whether the costs are eligible costs pursuant to Section 041;

e.A demonstration that the obligation to pay the costs for which funding is requested is the result or will be the result of the applicant’s compliance with applicable requirements for competitive bidding for construction and professional service contracts, including without limitation, the provisions in Sections 67-2801 et seq., 67-2320, and 42-3212, Idaho Code;(7-1-26)

f.Intermunicipal service agreements between all entities within the scope of the project, if applicable;

g.Documented evidence of all necessary easements and land acquisition, if applicable;(7-1-26)

h.Nonpoint source implementation funding:(7-1-26)

i.Information demonstrating that the project is consistent with and implements the Idaho Nonpoint Source Management Plan;(3-24-22)

ii.Data that substantiates a nonpoint source pollution problem or issue exists, and how it will be addressed by the project;(7-1-26)

iii.A project implementation plan or workplan;(3-24-22)

iv.Project commitment documentation that demonstrates the ability for loan repayment;(3-24-22)

v.Documentation that the project owner, manager or sponsoring agency will maintain the project for the life of the project;(3-24-22)

vi.A demonstration that there will be adequate tracking and evaluation of the effectiveness of the water quality improvements being funded by either the project owner/manager or the sponsoring agency throughout the life of the project; and(3-24-22)

vii.A description of the nexus/benefit to a municipality and a letter of support from one (1) or more affected municipalities, if applicable.(7-1-26)

03.Determination of Completeness of Application. The Department will review the application to determine whether it includes all of the information listed in Section 040.(7-1-26)

04.Notification of Incompleteness of Application. Notification if an application is incomplete, including an explanation of missing documentation will be sent to the applicant. The applicant may provide the missing documentation.(7-1-26)

05.Reapplication for Loan. The action of disapproving, recalling or terminating a loan in no way precludes or limits an applicant from reapplying for another loan when the project deficiencies are resolved and project readiness is secured.(7-1-26)

IDAPA 58.01.12.041 Determination of Eligibility of Costs

The Department will review the application, including necessary contracts to be submitted with the application, to determine whether the costs are eligible costs for funding.(7-1-26)

01.Eligible Costs. Eligible costs are those determined by the Department to be:(3-24-22)

a.Necessary;(7-1-26)

b.Reasonable; and(7-1-26)

c.Are not ineligible as described in Section 041.(7-1-26)

02.Necessary Costs. The Department will determine whether costs are necessary by comparing the tasks for which the costs will be incurred to the scope of the project as described in the planning documents, the project implementation plan or work plan for nonpoint source projects, and any other relevant information in the application that describes the scope of the project to be funded.(7-1-26)

03.Reasonable Costs. Costs will be determined by the Department to be reasonable if the obligation to pay the costs is the result of or will be the result of the applicant’s compliance with applicable requirements for competitive bidding for construction and professional service contracts, including without limitation, the provisions in Sections 67-2801 et seq., 67-2320, 59-1026, and 42-3212, Idaho Code.(7-1-26)

04.Examples of Costs That May Be Eligible. Examples of costs that may be eligible, if determined necessary and reasonable:(7-1-26)

a.Costs of salaries, benefits, and expendable material the applicant incurs in the project except ordinary operating expenses of local government, such as salaries and expenses of mayors, city council members, attorneys, commissioners, board members, or managers;(3-24-22)

b.Costs under construction contracts bid and executed in compliance with state public works construction laws;(3-24-22)

c.Professional and consulting services utilizing a lump sum contract, a negotiated hourly rate contract, a time and materials contract, or cost plus a fixed fee contract;(3-24-22)

d.Planning directly related to the projects;(3-24-22)

e.System evaluations;(3-24-22)

f.Financial and management capability analysis;(3-24-22)

g.Preparation of construction drawings, specifications, estimates, and construction contract documents;(3-24-22)

h.Landscaping;(3-24-22)

i.Removal and relocation or replacement of utilities for which the applicant is legally obligated to pay;(3-24-22)

j.Material acquired, consumed, or expended specifically for the project;(3-24-22)

k.A reasonable inventory of laboratory chemicals and supplies necessary to initiate plant operations;

l.Preparation of an operation and maintenance manual;(3-24-22)

m.Start-up services;(3-24-22)

n.Project identification signs;(3-24-22)

o.Public participation for alternative selection;(3-24-22)

p.Development of user charge and financial management systems;(3-24-22)

q.Development of sewer use or water system protection ordinance;(3-24-22)

r.Staffing plans and budget development;(3-24-22)

s.Certain direct and other costs as determined eligible by the Department;(3-24-22)

t.Costs of complying with the Clean Water Act as amended, 33 USC Section 1251 et seq. and the Safe Drinking Water Act (42 U.S.C. Section 300j et seq, loan requirements applied to specific projects; and (7-1-26)

u.Site acquisition costs, including right of way, plant site, wastewater land application sites and sludge disposal areas. Land purchase must be from a willing seller.(7-1-26)

05.Ineligible Project Costs. Costs which are ineligible for funding include, but are not limited to:

a.Basin or area wide planning not directly related to the project;(3-24-22)

b.Bonus payments not legally required for completion of construction before a contractual completion date;(3-24-22)

c.Personal injury compensation or damages arising out of the project;(3-24-22)

d.Fines or penalties due to violations of, or failure to comply with, federal, state, or local laws;

e.Costs outside the scope of the approved project;(3-24-22)

f.Ordinary operating expenses of local government, such as salaries and expenses of mayors, city council members, attorneys, commissioners, board members, or managers;(3-24-22)

g.Construction of privately owned wastewater systems;(7-1-26)

h.Cost of land in excess of that needed for the proposed project;(3-24-22)

i.Cost of refinancing existing indebtedness;(3-24-22)

j.Engineering costs incurred without professional liability insurance;(3-24-22)

k.Costs of condemnation;(3-24-22)

l.Reserve funds;(7-1-26)

m.All costs related to assessment, defense and settlement of disputes; and(7-1-26)

n.Costs incurred prior to acceptance of the loan unless specifically approved in writing as eligible pre-award costs by the Department.(3-24-22)

06.Notification Regarding Ineligible Costs. Prior to providing a loan offer, the Department will notify the applicant if certain costs are not eligible for funding and the reasons for the Department’s determination.

The applicant may provide the Department with additional information in response to the notice.(7-1-26)

07.Eligible Costs and the Loan Offer. The loan offer will reflect those costs determined by the Department to be eligible costs. The loan offer, however, may include estimates of some eligible costs, such as construction costs. Actual eligible costs may differ from estimated costs set forth in the loan offer. In addition, loan disbursements may be increased or decreased if eligible costs are modified as provided in Section 060.(7-1-26)

IDAPA 58.01.12.042 Environmental Review

01.Environmental Documentation. Guidance on how to complete an environmental review is found in the Handbook. For eligible projects, the loan recipient must complete an environmental review. Projects funded exclusively as nonpoint or estuary management projects may not be required to complete an environmental review.

The loan recipient must consult with the Department at an early stage in the loan application process to determine the necessary level of environmental review. Based on review of existing information, and assessment of environmental impacts, the loan recipient must complete one (1) of the following per the Department’s instruction:(7-1-26)

a.Categorical Exclusion (CE) with supporting backup documentation as specified by the Department;

b.Environmental Information Document (EID) in a format specified by the Department; or (7-1-26)

c.Environmental Impact Statement (EIS) in a format specified by the Department.(7-1-26)

02.CE. The Department will take one (1) of the following actions:(7-1-26)

a.Determine if the action is consistent with categories eligible for exclusion whereupon the Department will issue a notice of CE from substantive environmental review. Once the CE is granted for the selected alternative(s), the Department will publish a notice of CE in a local newspaper in the geographical area of the proposed project to inform the public of this action, following which the planning document can be approved and the loan award can proceed; or(7-1-26)

b.Determine if the action is not consistent with categories eligible for exclusion and that issuance of a CE is not appropriate. If a CE is not issued, the Department will notify the loan recipient to prepare an EID.

03.EID. When an EID is required, the loan recipient must prepare the EID in accordance with the following:(7-1-26)

a.Various laws and executive orders related to environmentally sensitive resources must be considered as the EID is prepared and appropriate state and federal agencies consulted regarding these laws and executive orders;(7-1-26)

b.A full range of relevant impacts, both direct and indirect, of the proposed project must be discussed in the EID, including measures to mitigate adverse impacts, cumulative impacts, and impacts that will cause irreversible or irretrievable commitment of resources; and(7-1-26)

c.The Department will review the draft EID and either request additional information about one (1) or more potential impacts or draft a “finding of no significant impact” (FONSI).(7-1-26)

04.FONSI. The Department will publish the draft FONSI in a local newspaper in the geographical area of the proposed project and will allow a minimum thirty (30) day public comment period. Following the required period of public review and comment, and after any public concerns about project impacts are addressed, the FONSI will become final. The Department will assess the effectiveness and feasibility of the mitigation measures identified in the FONSI and EID prior to the issuance of the final FONSI.(7-1-26)

05.EIS. If an EIS is required, the loan recipient must:(7-1-26)

a.Consult with all affected federal and state agencies, and other interested parties, to determine the required scope of the document;(3-24-22)

b.Prepare and submit a draft EIS to all interested agencies, and other interested parties, for review and comment;(3-24-22)

c.Conduct a public meeting which may be in conjunction with a planning document meeting; and

d.Prepare and submit a final EIS incorporating all agency and public input for Department review and approval.(3-24-22)

06.Final EIS. Upon completion of the EIS by the loan recipient and approval by the Department of all requirements listed in Section 042, the Department will issue a record of decision, documenting the mitigation measures to be required of the loan recipient. The loan agreement can be completed once the final EIS has been approved by the Department.(3-24-22)

07.Partitioning the Environmental Review. Under certain circumstances, the building of a component/partition of a system may be justified in advance of all environmental review requirements for the remainder of the system. The Department will approve partitioning the environment review in accordance with established procedures.(7-1-26)

08.Use of Environmental Reviews Conducted by Other Agencies. If environmental review for the project has been conducted by another state, federal, or local agency, the Department may, at its discretion, issue its own determination by adopting the document and public participation process of the other agency.(3-24-22)

09.Validity of Review. Environmental reviews, once completed by the Department, are valid for five (5) years from the date of completion. If a loan application is received for a project with an environmental review which is more than five (5) years old, the Department will reevaluate the project, environmental conditions and public views and will:(3-24-22)

a.Reaffirm the earlier decision; or(3-24-22)

b.Request supplemental information to the earlier EIS, EID, or request for CE. Based upon a review of the updated document, the Department will issue and distribute a revised notice of CE, FONSI, or record of decision.(7-1-26)

10.Exemption From Review. Loan projects may be exempt from certain federal crosscutting authorities at the discretion of the Department as long as in any given year the annual amount of loans, equal to the most recent federal capitalization grant, complies with all of the federal crosscutting authorities.(3-24-22)

IDAPA 58.01.12.043 (Reserved)

IDAPA 58.01.12.050 Loan Offer and Acceptance

01.Loan Offer. Loan of fers will be delivered to successful applicants by representatives of the Department.(7-1-26)

02.Acceptance of Loan Offer. Applicants have sixty (60) days in which to officially accept the loan offer on prescribed forms furnished by the Department. The sixty (60) day acceptance period commences from the date indicated on the loan offer notice. If the applicant does not accept the loan offer within the sixty (60) day period the loan funds may be offered to the next project of priority.(3-24-22)

03.Acceptance Executed as a Contract Agreement. Upon signature by the Director and upon signature by the authorized representative of the eligible applicant, the loan offer will become a contract. Upon accepting a loan offer, an eligible applicant becomes a loan recipient. The disbursement of funds pursuant to a loan contract is subject to a finding by the Director that the loan recipient has complied with all loan contract conditions and has prudently managed the project. The Director may, as a condition of disbursement, require that a loan recipient vigorously pursue any claims it has against third parties who will be paid in whole or in part, directly or indirectly, with loan funds. No third party may acquire any rights against the state or its employees from a loan contract.

04.Estimate of Reasonable Cost. All loan contracts will include the eligible costs of the project.

Some eligible costs may be estimated, and disbursements may be increased or decreased as provided in Section 060.

05.Terms of Loan Offers. The loan offer will contain such terms as are prescribed by the Department including but not limited to:(7-1-26)

a.Terms consistent with these rules, the project to be funded under the loan offer, and Title 39, Chapter 36, Idaho Code;(7-1-26)

b.Special clauses as determined necessary by the Department for the successful investigation, design, construction and management of the project;(3-24-22)

c.Terms consistent with applicable state and federal laws pertaining to planning documents, design, and construction, including the Public Works Contractors License Act and the Public Contracts Bond Act, Chapter 19, Title 54, Idaho Code, and the federal Clean Water Act and Safe Drinking Water Act requirements for projects funded with loan moneys of federal origin;(3-24-22)

d.Requirement for the prime engineering firm(s) and their principals retained for engineering services to carry professional liability insurance to protect the public from the engineer’s negligent acts and errors and omissions of a professional nature. The total aggregate of the engineer’s professional liability insurance must be one hundred thousand dollars ($100,000) or twice the amount of the engineer’s fee, whichever is greater. Professional liability insurance must cover all such services rendered for all project phases, whether or not such services or phases are state funded, until the certification of project performance is accepted by the Department. The required professional liability insurance amount may be reduced if a written request is submitted for the Department’s review and approval demonstrating that the reduced coverage will adequately protect public funds and the project from financial risk associated with engineering errors or omissions. The request must include:(7-1-26)

i.A justification for reduced coverage; and(7-1-26)

ii.An alternative insurance or coverage mechanisms, if applicable, demonstrating other financial protections that provide an equivalent or greater level of coverage;(7-1-26)

e.The project must be bid, contracted, and constructed according to acceptable public works construction standards approved by the Department, which may include the current edition of Idaho Standards for Public Works Construction and the Handbook referenced in Section 004 or other acceptable public works construction standards;(7-1-26)

f.The loan interest rate for loans made during the state fiscal year beginning July 1 will be established by the Director. The interest rate will be a fixed rate in effect for the life of the loan. The rate may equal but not exceed the current market rate;(7-1-26)

g.The loan fee pursuant to Section 032;(3-24-22)

h.All loans must be fully amortized within a period not to exceed thirty (30) years after project completion. The loan contract will be appended with a schedule of loan repayments stating the due dates and the amount due upon project completion. The loan recipient may elect for either a schedule of semi-annual or annual repayments at the time the loan is finalized; and

i.Repayment default will occur when a scheduled loan repayment is thirty (30) days past due. If default occurs, the Department may invoke all available remedies included but not limited to appropriate loan contract provisions and/or bond covenants.(7-1-26)

IDAPA 58.01.12.051 Accounting and Auditing Procedures

Loan recipients must maintain project accounts in accordance with generally accepted accounting principles. Projects may be audited on an annual basis according to government auditing standards issued by the U.S. Governmental Accountability Office.(3-24-22)

IDAPA 58.01.12.052 (Reserved)

IDAPA 58.01.12.060 Disbursements

01.Loan Disbursements. Requests to the Department for actual disbursement of loan proceeds will be made by the loan recipient on forms provided by the Department.(3-24-22)

02.Loan Increases. An increase in the loan amount as a result of an increase in eligible project costs may be considered, provided funds are available. Documentation supporting the need for an increase must be submitted to the Department for approval prior to incurring any costs above the eligible cost ceiling.(7-1-26)

03.Loan Decreases. If the actual eligible cost is determined by the Department to be lower than the estimated eligible cost the loan amount may be reduced proportionately.(7-1-26)

04.Project Review to Determine Final Eligible Costs. A project review by the Department or a Department designee will determine the final eligible costs.(3-24-22)

05.Final Disbursement. The final loan disbursement consisting of five percent (5%) of the total loan amount will not be made until final inspection, final review, and a final loan repayment schedule have been completed.(7-1-26)

IDAPA 58.01.12.061 Loan Consolidation

If two (2) or more loans are consolidated into one (1) loan, the interest rate for the consolidated loan will be at the same rat e as the loan being consolidated with the lowest interest rate.(3-24-22)

IDAPA 58.01.12.062 (Reserved)

IDAPA 58.01.12.080 Suspension or Termination of Loan Contracts

01.Causes.

The Director may suspend or terminate any loan contract prior to final disbursement for failure by the loan recipient or its agents, including engineering firm(s), contractor(s) or subcontractor(s) to perform.

A loan contract may be suspended or terminated for good cause including, but not limited to, the following:

a.Commission of fraud, embezzlement, theft, forgery, bribery, misrepresentation, conversion, malpractice, misconduct, malfeasance, misfeasance, falsification or unlawful destruction of records, or receipt of stolen property, or any form of tortious conduct; or(3-24-22)

b.Commission of any crime for which the maximum sentence includes the possibility of one (1) or more years’ imprisonment or any crime involving or affecting the project; or(3-24-22)

c.Violation(s) of any term of the loan contract; or(3-24-22)

d.Any willful or serious failure to perform within the scope of the project, and project schedule, terms of engineering subagreements, or contracts for construction; or(7-1-26)

e.Debarment of a contractor or subcontractor for good cause by any federal or state agency from working on public work projects funded by that agency.(3-24-22)

02.Notice. The Director will notify the loan recipient in writing and by certified mail of the intent to suspend or terminate the loan contract. The notice of intent will state:(7-1-26)

a.Specific acts or omissions which form the basis for suspension or termination; and(3-24-22)

b.That the loan recipient may be entitled to appeal the suspension or termination pursuant to Section

IDAPA 58.01.12.003 (7-1-26)

03.Reinstatement of Suspended Loan. Upon written request by the loan recipient with evidence that the cause(s) for suspension no longer exists, the Director may, if funds are available reinstate the loan contract. If a suspended loan contract is not reinstated, the loan will be amortized and a repayment schedule prepared in accordance with provisions of the loan contract.(7-1-26)

04.Reinstatement of Terminated Loan. No terminated loan will be reinstated. Terminated loans will be amortized and a repayment schedule prepared in accordance with provisions of the loan contract.(7-1-26)

IDAPA 58.01.12.081 (Reserved)

IDAPA 58.01.12.995 Waivers

The Director may amend the priority list and grant a wa iver from the provisions of these rules on a case-by-case basis upon full demonstration that the following conditions exist.(7-1-26)

01.Public Health Protection. The requirement is not necessary for the protection of public health and the environment and does not affect the priority ranking status of the project.(7-1-26)

02.Affordability Criteria Exceeded. The project will exceed affordability criteria adopted by the Department in the event the waiver is not granted.(3-24-22)

IDAPA 58.01.12.996 (Reserved)

58.01.24 Rules for Petroleum Release Corrective Action

IDAPA 58.01.24.000 Legal Authority

Section 39-107(7), and Chapters 1, 36, 44, 72 and 74, Title 39, Idaho Code.(7-1-25)

IDAPA 58.01.24.001 Scope

These rules establish standards and procedures to determine whether and what measures should be applied to property subject to petroleum release response, assessment, and corrective action. These rules do not apply to previously closed releases. The Department will not require any additional evaluation of petroleum sites previously granted closure unless there is a new petroleum release.(7-1-25)

IDAPA 58.01.24.002 Administrative Provisions

Persons may be entitled to appeal agency actions auth orized under these rules pursuant to IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-31-22)

IDAPA 58.01.24.003 (Reserved)

IDAPA 58.01.24.010 Definitions

The terms “Department,” “Person,” and “Waters” have the same meaning provided for those terms in Section 39-103, Idaho Code. The term “Ground water” (Groundwater) is defined in Section 39-121, Idaho Code. The term “Environmental covenant” has the same meaning provided for that term in Section 55-3002, Idaho Code. The terms “Petroleum” and “Release” have the same meaning provided for those terms in Section 39-7203, Idaho Code. The term “Free Product” is defined in IDAPA 58.01.02.(7-1-25)

01.Acceptable Target Hazard Index. The summation of the hazard quotients of all chemicals and routes of exposure to which a receptor is exposed and equal to a value of one (1). If the initial value exceeds one (1), further evaluation, including individual organs, can be completed.(3-31-22)

02.Acceptable Target Hazard Quotient. The ratio of a dose of a single chemical over a specified time period to a reference dose for that chemical derived for a similar exposure period. A hazard quotient of one (1) for a specified receptor when applied to individual chemicals. A hazard quotient of 0.1 (zero point one) for a specified receptor when multiple chemicals and/or exposure routes are present.(7-1-25)

03.Acceptable Target Risk Level. Acceptable risk level for human exposure to carcinogens. For exposure to individual carcinogens a lifetime excess cancer risk of less than or equal to one per one million (1 E-6) for a receptor at a reasonable maximum exposure. For combined exposure to all carcinogens and routes of exposure, a lifetime excess cancer risk of less than or equal to one per one hundred thousand (1 E-5) for a receptor at a reasonable maximum exposure.(3-31-22)

04.Activity and Use Limitations. Restrictions or obligations, with respect to real property, created by an environmental covenant. Activity and use limitations may include, but are not limited to, land use controls, activity and use restrictions, environmental monitoring requirements, and site access and security measures. Also known as institutional controls.(3-31-22)

05.Background. Media specific concentration of a chemical that is consistently present in the environment in the vicinity of a site which is the result of human activities unrelated to release(s) from that site under investigation.(3-31-22)

06.Corrective Action Plan (CAP). A document, subject to approval by the Department, that describes:(7-1-25)

a.The actions and measures that will be implemented to ensure that adequate protection of human health and the environment is achieved and maintained.; and(7-1-25)

b.The applicable remediation standards. May also be known as a risk management plan or a rem ediation workplan.(7-1-25)

07.Delineated Source Water Protection Area. The physical area around a public drinking water supply well or surface water intake identified in an approved Department source water assessment that contributes water to a well (the zone of contribution). The size and shape of the delineated source water area depend on the delineation method and site-specific factors. The area may be mapped as a one thousand (1000) ft. fixed radius around the well (transient public water systems) or divided into three (3), six (6), and ten (10) year time of travel zones (e.g. zones indicating the number of years necessary for a particle of water to reach a well or surface water intake). For the purposes of these rules, where groundwater time of travel zones have been delineated, the three (3) year time of travel zone shall apply. Where surface water systems have been delineated, this area includes a five hundred (500) ft. buffer around a lake or reservoir, or a five hundred (500) ft. buffer along the four (4) hour upstream time of travel of streams. See the Idaho Source Water Assessment Plan.(7-1-25)

08.Dissolved Product. Petroleum product constituents found in solution with water.(7-1-25)

09.Exposure Point Concentration. The average concentration of a chemical to which receptors are exposed over a specified duration within a specified geographical area. The exposure point concentration is typically a conservative estimate of the mean. Also referred to as the representative concentration.(3-31-22)

10.Method Detection Limit. The minimum concentration of a substance that can be reported with ninety-nine percent (99%) confidence is greater than zero. Method detection limits can be operator, method, laboratory, and matrix specific.(3-31-22)

11.Operator. Any person presently or who was at any time during a release in control of, or responsible for, the daily operation of the petroleum storage tank (PST) system.(3-31-22)

12.Owner. Any person who owns or owned a PST system any time during a release and the current owner of the property where the PST system is or was located.(3-31-22)

13.Petroleum Storage Tank (PST) System. Any one (1) or combination of storage tanks or other containers, including pipes connected thereto, dispensing equipment, and other connected ancillary equipment, and stationary or mobile equipment, that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances.(3-31-22)

14.Practical Quantitation Limit. The lowest concentration of a chemical that can be reliably quantified among laboratories within specified limits of precision and accuracy for a specific laboratory analytical method during routine laboratory operating conditions. Specified limits of precision and accuracy are the criteria listed in the calibration specifications or quality control specifications of an analytical method. Practical quantitation limits can be operator, method, laboratory, and matrix specific.(3-31-22)

15.Reasonable Maximum Exposure. The highest exposure that can be reasonably expected to occur for a human or other living organism at a site under current and potential future site use.(3-31-22)

16.Reference Dose. For chronic or long-term exposures an estimate of a daily exposure level to a chemical for the human population, including sensitive subpopulations, that is likely to be without an appreciable risk of deleterious noncarcinogenic effects during a lifetime, expressed in units of milligrams per kilogram body weight per day.(3-31-22)

17.Remediation Standard. A media specific concentration that, when attained, is considered to provide adequate protection of human health and the environment.(7-1-25)

18.Residential Use. Residential use means land uses that include residential or sensitive populations.

19.Risk-Based Concentration.The residual media specific concentration of a chemical that is determined to be protective of human health and the environment under specified exposure conditions.(3-31-22)

20.Risk Evaluation. The process used to determine the probability of an adverse effect due to the presence of a chemical. A risk evaluation includes development of a conceptual site model, identification of the chemicals present in environmental media, assessment of exposure and exposure pathways, assessment of the toxicity of the chemicals present, characterization of human risks, and characterization of impacts or risks to the environment.

21.Screening Level. A media specific concentration that, based on specified levels of risk or hazard, exposure pathways and routes of exposure, expected land use, and exposure factors, can be used to assess the need for additional investigation or corrective action.(7-1-25)

22.Slope Factor. A plausible upper-bound estimate of the probability of an individual developing cancer as a result of a lifetime of exposure to a particular level of a potential carcinogen. It is expressed as the probability of a response per unit intake of a chemical over a lifetime.(3-31-22)

IDAPA 58.01.24.011 (Reserved)

IDAPA 58.01.24.060 Petroleum Release Reporting, Investigation, and Confirmation

01.Reporting of Suspected Releases.

Owners and operators of petroleum storage tank (PST) systems must report to the Department within twenty-four (24) hours and follow the procedures in Subsection 060.03 for any of the following conditions.(7-1-25)

a.The discovery by owners and operators or others of a petroleum release at the PST site or in the surrounding area other than spills and overfills described in Subsection 060.04, such as the presence of free product or dissolved product in nearby surface water or groundwater or vapors in soils, basements, sewer or utility lines.

b.Unusual operating conditions observed by owners and operators such as the erratic behavior of product dispensing equipment, the sudden loss of product from the PST system, liquid in the interstitial space of secondarily contained systems, or an unexplained presence of water in the PST system, unless system equipment is found to be defective but not leaking, and is immediately repaired or replaced.(7-1-25)

c.Monitoring results, including investigation of an alarm, from a release detection method that indicate a release may have occurred unless the monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result.(7-1-25)

02.Investigation Due to Off-Site Impacts. When required by the Department, owners and operators must follow the procedures in Subsection 060.03 to determine if the PST system is the source of off-site impacts.

These impacts include the discovery of petroleum, such as the presence of free product or dissolved product in nearby surface water or groundwater or vapors in soils, basements, sewer, and utility lines.(7-1-25)

03.Release Investigation and Confirmation Steps. Unless corrective action is initiated in accordance with Section 061, owners and operators must immediately investigate and confirm all suspected releases of petroleum within seven (7) days, or another time period specified by the Department, of discovery and using at least one (1) of the following steps or another procedure approved by the Department:(7-1-25)

a.Conduct tightness tests or, as appropriate, secondary containment testing that determine whether a leak exists in any portion of the PST system, including the tank, the attached delivery piping, a breach of either wall of the secondary containment, and any connected tanks and piping. All such portions can be tested either separately or together or in combinations thereof.(7-1-25)

i.Repair, replace or upgrade the PST system in accordance with applicable federal, state and local laws, and begin corrective action in accordance with Section 061 if the test results for the system, tank, or delivery piping indicate that a leak exists.(7-1-25)

ii.Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a leak exists and if environmental contamination is not the basis for suspecting a release.(7-1-25)

iii.Conduct a site check as described in Subsection 060.03.b. if the test results for the system, tank, and delivery piping do not indicate that a leak exists but environmental contamination is the basis for suspecting a rel ease.(7-1-25)

b.Measure for the presence of a release where contamination is most likely to be present. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the nature of the petroleum, the type of initial alarm or cause for suspicion, the type of backfill, the depth of groundwater, and other factors appropriate for identifying the presence and source of the release. Methods of sample collection and sample analysis are subject to these rules and Department approval.(7-1-25)

i.If a release has occurred, begin corrective action in accordance with Section 061.(7-1-25)

ii.If test results for the PST system do not indicate that a release has occurred, further investigation is not required.(7-1-25)

04.Reporting and Cleanup of Above Ground Releases. Owners and operators shall contain and immediately clean up an above ground release of petroleum only after identifying and mitigating any fire, explosion, and vapor hazards.(7-1-25)

a.A release that exceeds twenty-five (25) gallons or that causes a sheen on nearby surface water must be reported to the Department within twenty-four (24) hours and begin corrective action in accordance with Section

IDAPA 58.01.24.061 (7-1-25)

b.A release that is less than twenty-five (25) gallons and does not cause a sheen on nearby surface water must be reported to the Department only if cleanup cannot be accomplished within twenty-four (24) hours.

IDAPA 58.01.24.061 Petroleum Release Response and Corrective Action

01.Release Response. Upon confirmation of a petroleum release in accordance with Section 060 or after a release from the PST system is identified in any other manner, owners and operators must perform the following initial response actions within twenty-four (24) hours:(7-1-25)

a.Identify and mitigate fire, explosion and vapor hazards;(7-1-25)

b.Take immediate action to prevent any further release of petroleum into the environment; and

c.Report the release to the Department.(7-1-25)

02.Initial Abatement Measures. Unless directed to do otherwise by the Department, owners and operators must perform the following abatement measures:(7-1-25)

a.Remove as much of the petroleum from the leaking PST system as is necessary to prevent further release to the environment;(7-1-25)

b.Visually inspect any above ground releases or exposed below ground releases and prevent further migration of the released substance into surrounding soils, surface water and groundwater;(7-1-25)

c.Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the PST site and entered into subsurface structures such as sewers or basements; and

d.Remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or corrective action activities. If these remedies include treatment or disposal of soils, the owner and operator must comply with applicable state and local requirements.(7-1-25)

03.Initial Site Characterization. Unless directed to do otherwise by the Department, owners and operators must assemble information about the site and the nature of the release, including information gained while confirming the release or completing the initial abatement measures in Subsection 061.02. This information includes, but is not necessarily limited to the following data:(7-1-25)

a.On the nature and estimated quantity of release;(7-1-25)

b.From available sources and site investigations concerning the following factors: surrounding populations, water quality, use and approximate location of wells potentially affected by the release, subsurface soil condition, locations of subsurface sewers, climatological conditions, and land use; and(7-1-25)

c.From measurements that assess the site for the presence of petroleum contamination including measurements:(7-1-25)

i.For the presence of a release where contamination is most likely to be present, unless the presence and source of the release have been confirmed in accordance with the site check described in Subsection 060.03.b. or the closure site assessments required by applicable federal, state, or local laws. Sample types, sample locations and analytical methods are subject to these rules and Department approval and will be based on consideration of the nature of the petroleum, the type of backfill, depth to groundwater, and other factors appropriate for identifying the presence and source of the release; and(7-1-25)

ii.To determine the presence of free product.(7-1-25)

d.Within forty-five (45) days of release confirmation, or another time specified by the Department, owners and operators must submit the information collected in compliance with Subsection 061.03 to the Department in a manner that demonstrates its applicability and technical adequacy to be reviewed as follows, if the Department determines that the information shows:(7-1-25)

i.That no further corrective action is required, owners and operators will be notified accordingly;

ii.Contamination is limited to soils, owners and operators must treat or dispose of contaminated soils in accordance with Department guidelines, and need not perform any further corrective action;(7-1-25)

iii.That any of the conditions in Subsections 061.05.a. through 061.05.c. exist, owners and operators must comply with the provisions in Subsections 061.04 through 061.07.(7-1-25)

04.Free Product Removal. At sites where investigations under Subsection 061.03.c.ii. indicate the presence of free product, owners and operators must remove free product to the maximum extent practicable as determined by the Department while continuing, as necessary, any actions initiated under Subsections 061.01 through 061.03 or preparing for actions under Subsections 061.05 and 061.06. In meeting the provisions of Subsection 061.04, owners and operators must:(7-1-25)

a.Conduct free product removal in a manner that minimizes the spread of contamination into previously uncontaminated areas by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site, and that properly treats, discharges or disposes of recovery by-products in compliance with applicable local, state and federal regulations;(7-1-25)

b.Use abatement of free product migration as a minimum objective for the design of the free product removal system;(7-1-25)

c.Handle any flammable products in a safe and competent manner to prevent fires or explosions; and

d.Unless directed to do otherwise by the Department, submit to the Department for review and approval, within forty-five (45) days after confirming a release, a free product removal report that provides at least the following information:(7-1-25)

i.The name of the person(s) responsible for implementing the free product removal measures;

ii.The estimated quantity, type and thickness of free product observed or measured in wells, boreholes, and excavations;(7-1-25)

iii.The type of free product recovery system used;(7-1-25)

iv.Whether any discharge will take place on-site or off-site during the recovery operation and where this discharge will be located;(7-1-25)

v.The type of treatment applied to, and the effluent quality expected from, any discharge;(7-1-25)

vi.The steps that have been or are being taken to obtain necessary permits for any discharge; and

vii.The disposition of the recovered free product.(7-1-25)

05.Investigations for Soil and Water Cleanup. If any of the conditions in Subsections 061.05.a. through 061.05.c. exist, and unless directed to do otherwise by the Department, owners and operators must notify the Department and conduct investigations in accordance with Subsection 061.05.d. of the release, the release site, and the surrounding area possibly affected by the release in order to determine the full extent and location of soils contaminated by the petroleum release and the presence and concentrations of dissolved product contamination in the groundwater or surface water:(7-1-25)

a.There is evidence that groundwater or surface water has been affected by the release such as found during release confirmation or previous corrective action measures;(7-1-25)

b.Free product is found to need recovery in compliance with Subsection 061.04;(7-1-25)

c.There is evidence that contaminated soils may affect nearby groundwater, surface water or the public health and have not been treated or disposed of in accordance with Subsection 061.03.d.ii.(7-1-25)

d.Unless determined otherwise by the Department, investigations conducted under Subsection 061.05 are subject to these rules and include, but are not limited to:(7-1-25)

i.The physical and chemical characteristics of the petroleum product including its toxicity, persistence, and potential for migration;(7-1-25)

ii.The type and age of the PST system, inventory loss, and type of containment failure;(7-1-25)

iii.The hydrogeologic characteristics of the release site and the surrounding area;(7-1-25)

iv.The background concentrations of contaminants in soil, surface water and groundwater;(7-1-25)

v.A site drawing, showing boring and monitoring well locations, nearby structures, underground utilities, drainage ditches, streams, suspected locations of leakage, direction of groundwater flow, and any domestic or irrigation wells within a one half (1/2) mile radius of the site;(7-1-25)

vi.Information on ownership and use of any well identified pursuant to Subsection 061.05.d.v.;

vii.Site borings and well logs and rationale for choosing drilling locations, and a description of methods and equipment used for all water and soil sampling;(7-1-25) viii.A description of contaminant stratigraphy with accompanying geologic cross-section drawings;

ix.A demonstration and description of the horizontal and vertical extent of contamination, free product thickness, modes and rate of contaminant transport, and concentrations of dissolved constituents in surface water and groundwater;(7-1-25)

x.The potential effects of residual contamination on nearby surface water and groundwater; and

xi.A discussion of laboratory analytical methods and information pertaining to laboratory certification.(7-1-25)

e.Owners and operators must submit the information collected in investigating the release site in compliance with Subsection 061.05 for the Department's review and approval in accordance with a schedule established by the Department as provided in Subsection 061.07.(7-1-25)

06.CAP. At any point after reviewing the information submitted in compliance with Subsections 061.01 through 061.05, the Department may require owners and operators to submit additional information or to develop and submit a CAP for responding to contaminated soils, surface water and groundwater. If a CAP is required, owners and operators must submit the CAP according to a consent order or a schedule and criteria established by the Department as provided in Subsection 061.07.(7-1-25)

a.The Department will approve the CAP only after ensuring that implementation of the plan will adequately protect human health and the environment. In making this determination, the Department will consider the following factors as appropriate:(7-1-25)

i.The maximum contaminant levels for drinking water or other health-based levels for water and soil that consider the potential exposure pathway of the petroleum product;(7-1-25)

ii.The physical and chemical characteristics of the petroleum product including its toxicity, persistence, and potential for migration;(7-1-25)

iii.The hydrogeologic characteristics of the release site and the surrounding area;(7-1-25)

iv.The proximity, quality, and current and future uses of nearby surface water and groundwater;

v.The potential effects of residual contamination on nearby surface water and groundwater; and

vi.Other information assembled in compliance with Section 060.(7-1-25)

b.The CAP must include, but not be limited to, the following information as applicable:(7-1-25)

i.Description of remediation standards, points of exposure, and points of compliance where remediation standards will be achieved;(7-1-25)

ii.Description of remedial strategy and actions that will be taken to achieve the remediation standards;(7-1-25)

iii.Current and reasonably anticipated future land use and use of on-site and immediately adjacent offsite groundwater and surface water;(7-1-25)

iv.Activity and use limitations, if any, that will be required as part of the remedial strategy; (7-1-25)

v.Proposed environmental covenants, developed to implement activity and use limitations, in accordance with Section 600;(7-1-25)

vi.Estimated timeline for completion;(7-1-25)

vii.Monitoring Plan to monitor effectiveness of remedial actions;(7-1-25) viii.Description of practical quantitation limits as they apply; and(7-1-25)

ix.Description of background concentrations as they apply.(7-1-25)

c.Upon approval of the CAP pursuant to Subsection 200.04 or as directed by the Department, owners and operators must:(7-1-25)

i.Implement the plan including modification to the plan made by the Department; and(7-1-25)

ii.Monitor, evaluate, and report the results of implementing the CAP in accordance with a consent order or a schedule and criteria established by the Department as provided in Subsection 061.07.(7-1-25)

d.Owners and operators may begin cleanup of soil, surface water, and groundwater before the CAP is approved provided that they:(7-1-25)

i.Notify the Department of their intention to begin cleanup;(7-1-25)

ii.Comply with any conditions imposed by the Department, including halting cleanup or mitigating adverse consequences from cleanup activities; and(7-1-25)

iii.Incorporate the self-initiated cleanup measures in the CAP submitted to the Department for approval.(7-1-25)

07.Compliance. If the Department determines that any of the conditions in 061.05.a. through 061.05.c. exist, owners and operators will be given an opportunity to enter into a consent order with the Department.

a.The Department will send owners and operators a consent order that sets forth at least the following schedules:(7-1-25)

i.For owners and operators to submit the information collected in investigating the release site in compliance with Subsection 061.05;(7-1-25)

ii.For owners and operators to submit, and criteria for, a CAP in compliance with Subsection 061.06;

iii.For the Department to review, modify, and approve the site release investigation and CAP; and

iv.For owners and operators to implement a CAP, and monitor, evaluate, and report the results of implementing the CAP.(7-1-25)

b.Owners and operators will be given thirty (30) days from receipt of the consent order in which to reach an agreement with the Department regarding the terms of the consent order.(7-1-25)

c.If owners and operators cannot reach an agreement with the Department within thirty (30) days, the Department will establish a schedule and criteria which owners and operators must comply in order to meet the provisions of Subsections 061.05 and 061.06.(7-1-25)

IDAPA 58.01.24.062 (Reserved)

IDAPA 58.01.24.100 Chemicals Evaluated at Petroleum Release Sites

01.General Applicability.

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.(7-1-25)

02.Additional Chemicals. Evaluation of non-petroleum chemicals in addition to those in Section 800 may be required by the Department when there is a reasonable basis based on site-specific information. A reasonable basis will be demonstrated by the Department when it can show documentation of releases or suspected releases of other non-petroleum chemicals.(7-1-25)

IDAPA 58.01.24.101 (Reserved)

IDAPA 58.01.24.200 Risk Evaluation Process

The following risk evaluation process must be used for petroleum releases EPA’s RSL Calculator (https://epaprgs.ornl.gov/cgi-bin/chemicals/cslsearch) and VISL Calculator (https://epa-visl.ornl.gov/cgi-bin/vislsearch), or other approved methods, may be used for screening and risk evaluations.(7-1-25)

01.Screening Evaluation. The screening evaluation may be performed at any time during the release response and corrective action process and must include, at a minimum:(7-1-25)

a.Collection of media-specific (soil, surface water, groundwater, soil vapor) data;(7-1-25)

b.Identification of maximum soil, groundwater, and soil vapor petroleum chemical concentrations for the chemicals identified in Section 800 as appropriate for the petroleum product or products released; and(7-1-25)

c.Comparison of the maximum media-specific petroleum contaminant concentrations to the EPA regional screening levels (https://www.epa.gov/risk/regional-screening-levels-rsls-generic-tables). 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 mediaspecific concentrations at a site exceed the screening levels, the owner and/or operator must proceed to:(7-1-25)

i.Adopt the screening levels as remediation standards and develop a CAP to achieve those levels pursuant to Subsection 061.06.b.; or(7-1-25)

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.(7-1-25)

02.Results of Risk Evaluation. If the results of the approved risk evaluation do not exceed the acceptable target risk level, acceptable target hazard quotient, or acceptable target hazard index specified in Section 300, the owner and/or operator may petition for site closure, subject to other Department regulatory obligations. If the results of the approved risk evaluation indicate exceedance of the acceptable target risk level, acceptable target hazard quotient, or acceptable target hazard index specified in Section 300, the risk evaluation must:(7-1-25)

a.Be modified by collection of additional site-specific data, or review of chemical toxicological information, and resubmitted to the Department for review and approval; or(3-31-22)

b.Provide the basis for the development of risk-based concentrations, establishment of remediation standards as described in Section 400, and development of a CAP.(7-1-25)

03.Department Review and Approval of Risk Evaluation or CAP. Within thirty (30) days of receipt of the risk evaluation or CAP, the Department will provide in writing either approval, approval with modifications, or rejection of the risk evaluation or CAP. If the Department rejects the risk evaluation or CAP, it will notify the owner and/or operator in writing specifying the reasons for the rejection. If the Department needs additional time to review the documents, it will provide written notice to the owner and/or operator that additional time to review is necessary and will include an estimated time for review. Extension for review time will not exceed one hundred eighty (180) days without a reasonable basis and written notice to the owner and/or operator.(7-1-25)

IDAPA 58.01.24.201 (Reserved)

IDAPA 58.01.24.300 Site-Specific Risk Evaluation

01.General Requirements.

The general requirements for human health risk evaluations must include, at a minimum:(7-1-25)

a.A conceptual site model that 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.(7-1-25)

b.Toxicity information derived from appropriate sources including, but not limited to, those listed in Subsection 300.01.e.(7-1-25)

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.

The EPA RSL and VISL calculators are appropriate sources of reasonable maximum exposure factor information.

Alternative sources must be reasonably justified.(7-1-25)

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)

02.Specific Requirements. Human health risk evaluations must, at a minimum:(7-1-25)

a.Utilize an acceptable target risk level as defined in Section 010;(3-31-22)

b.Utilize an acceptable target hazard index as defined in Section 010;(3-31-22)

c.Utilize an acceptable target hazard quotient as defined in Section 010;(3-31-22)

d.Evaluate the potential for exposure from:(3-31-22)

i.Groundwater ingestion;(7-1-25)

ii.Direct contact with contaminated soils resulting from soil ingestion, dermal contact, and inhalation of particulates and vapors;(3-31-22)

iii.Indoor inhalation of volatile chemicals via volatilization of chemicals from soil, groundwater, or free phase product;(7-1-25)

iv.Ingestion, inhalation, or dermal exposure to groundwater and/or surface water that has been impacted by contaminants that have leached from the soils; and(7-1-25)

v.Other complete or potentially complete routes of exposure;(3-31-22)

e.Evaluate the potential for exposure to:(3-31-22)

i.Adult and child residential receptors;(3-31-22)

ii.Adult construction and utility workers;(3-31-22)

iii.Aquatic life;(3-31-22)

iv.Recreational receptors; and(3-31-22)

v.Other relevant potentially exposed receptors;(3-31-22)

f.Evaluate the potential for use of impacted groundwater for ingestion based on:(7-1-25)

i.The current and historical use of the groundwater for drinking water or irrigation;(7-1-25)

ii.The location and approved use of existing groundwater wells in a one half (½) mile radius from the contaminated site at the release point;(7-1-25)

iii.The degree of hydraulic connectivity between the impacted groundwater and other groundwater bearing zones or surface water; and(7-1-25)

iv.The location of delineated source water protection areas for public drinking water systems.

(3-31-22)

IDAPA 58.01.24.301 (Reserved)

IDAPA 58.01.24.400 Establishment of Remediation Standards

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 must be established. The remediation standards established in these rules must 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, must be established as part of a CAP approved in writing by the Department. The standards may consist of the following or combinations of the following.(7-1-25)

01.Screening Levels. The petroleum contaminant concentrations in soil, groundwater, and soil vapor in the EPA RSLs Tables.(7-1-25)

02.Risk-Based Levels. Site-specific, media-specific petroleum contaminant concentrations established in accordance with the risk evaluation procedures described in Section 300.(7-1-25)

03.Generic Health Standards. An established state or federal generic numerical health standard that 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.(7-1-25)

IDAPA 58.01.24.401 (Reserved)

IDAPA 58.01.24.500 Factors When Practical Quantitation Limits Are Greater Than Screening

LEVELS.

Practical quantitation limits may be greater than screening levels or risk-based concentrations for certain chemicals.

In such cases the following factors, or others, may be used in allowing practical quantitation limits as remediation standards.(7-1-25)

01.Analytical Method. The published or expected practical quantitation limit for a specific chemical and method, and the availability of other methods that may enable lower practical quantitation limits to be achieved.

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 that may enable lower practical quantitation limits to be achieved.(7-1-25)

04.Estimated Risk Levels. The estimated risk levels when site concentrations are assumed to be at the practical quantitation limit.(3-31-22)

IDAPA 58.01.24.501 (Reserved)

IDAPA 58.01.24.600 Activity and Use Limitations

01.Purpose.

The provisions of the Uniform Environmental Covenants Act (UECA), Chapter 30, Title 55, Idaho Code, may be utilized to create restrictions and 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 may be proposed as elements of a CAP in at least the following circumstances:(7-1-25)

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 groundwater concentrations exceed residential use screening levels or risk-based concentrations; or(7-1-25)

d.When the Department determines, based upon the proposed CAP, 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.(7-1-25)

02.Documentation of Controls. Activity and use limitations, approved by the Department, must be described in an environmental covenant executed pursuant to the UECA and must be incorporated into a CAP.

IDAPA 58.01.24.601 (Reserved)

IDAPA 58.01.24.700 Guidance Manual

If any material revisions to the risk evaluation manual for pet roleum releases are required, 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 making such revisions. Material revisions are those changes that result in, or could result in, a different interpretation or use of any provision of the guidance manual.

IDAPA 58.01.24.701 (Reserved)

IDAPA 58.01.24.800 Table

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 801. -- 999.(RESERVED) 1,2 Dibromoethane (EDB)

X 1,2 Dichloroethane (EDC)

X Methyl Tert-Butyl Ether (MTBE) X Acenaphthene Anthracene Benzo(a)pyrene Benzo(b)fluoranthene Benzo(k)fluoranthene Benz(a)anthracene X X X Chrysene Fluorene Fluoranthene Naphthalene X X X X Pyrene Leaded only Vapor intrusion is not applicable because there is no inhalation toxicity information and/or the chemical is not sufficiently volatile and toxic to pose an inhalation risk from a soil or groundwater source.

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)

58.01.25 Idaho Pollutant Discharge Elimination System Rules

IDAPA 58.01.25.000 Legal Authority

Sections 39-105, 39-107, and 39-175C, Idaho Code.(7-1-24)

IDAPA 58.01.25.001 Scope

These rules establish the procedures and requirements for issuing and maintaining IPDES permits for facilities or activities required by Idaho Code and the Clean Water Act (CWA) to obtain authorization to discharge pollutants to waters of the United States.(7-1-24)

IDAPA 58.01.25.002 Confidentiality of Records

Information obtained by the Department under these rules is subject to public disclosure under 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, information submitted to the Department under these rules may be claimed as confidential by the submitter. The submitter must claim confidentiality on each page or on another portion of the information when submitted and has the burden to demonstrate that the information is confidential.(7-1-24)

IDAPA 58.01.25.003 Incorporation by Reference of Federal Regulations

01.Incorporation by Reference.( a.40 CFR 122.21(r), revised as of July 1, 2023 (Application Requirements for Facilities with Cooling Water Intake Structures);(7-1-24) b.40 CFR 122.23, revised as of July 1, 2023 (Concentrated Animal Feeding Operations);(7-1-24) c.40 CFR 122.24, revised as of July 1, 2023 (Concentrated Aquatic Animal Production Facilities); d.40 CFR 122.25, revised as of July 1, 2023 (Aquaculture Projects);(7-1-24) e.40 CFR 122.26(a) through (b) and 40 CFR 122.26(e) through (g), revised as of July 1, 2023 (Storm Wa t e r D i sc h a rg e s ) ;(7-1-24) f.40 CFR 122.27, revised as of July 1, 2023 (Silvicultural Activities);(7-1-24) g.40 CFR 122.29(d), revised as of July 1, 2023 (Effect of Compliance with New Source Performance Standards);(7-1-24) h.40 CFR 122.30 and 40 CFR 122.32 through 40 CFR 122.37, revised as of July 1, 2023 (Requirements and Guidance for Small Municipal Separate Storm Sewer Systems);(7-1-24) i.40 CFR 122.42(e), revised as of July 1, 2023 (Additional Conditions Applicable to NPDES Permits for Concentrated Animal Feeding Operations);(7-1-24)

j.Appendix A to 40 CFR 122, revised as of July 1, 2023 (NPDES Primary Industry Categories);

k.Appendix C to 40 CFR 122, revised as of July 1, 2023 (Criteria for Determining a Concentrated Aquatic Animal Production Facility);(7-1-24)

l.Appendix D to 40 CFR 122, revised as of July 1, 2023 (NPDES Permit Application Testing Requirements);(7-1-24)

m.Appendix J to 40 CFR 122, revised as of July 1, 2023 (NPDES Permit Testing Requirements for Publicly Owned Treatment Works);(7-1-24) n.40 CFR 125.1 through 40 CFR 125.3 (Subpart A), revised as of July 1, 2023 (Criteria and Standards for Imposing Technology-Based Treatment Requirements Under Sections 301(b) and 402 of the Clean Water Act);(7-1-24) o.40 CFR 125.10 through 40 CFR 125.11 (Subpart B), revised as of July 1, 2023 (Criteria for Issuance of Permits to Aquaculture Projects);(7-1-24) p.40 CFR 125.30 through 40 CFR 125.32 (Subpart D), revised as of July 1, 2023 (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);(7-1-24) q.40 CFR 125.70 through 40 CFR 125.73 (Subpart H), revised as of July 1, 2023 (Criteria for Determining Alternative Effluent Limitations Under Section 316(a) of the Clean Water Act);(7-1-24) r.40 CFR 125.80 through 40 CFR 125.89 (Subpart I), revised as of July 1, 2023 (Requirements Applicable to Cooling Water Intake Structures for New Facilities Under Section 316(b) of the Clean Water Act); s.40 CFR 125.90 through 40 CFR 125.99 (Subpart J), revised as of July 1, 2023 (Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities Under Section 316(b) of the Clean Water Act);(7-1-24) t.40 CFR 127.11 through 40 CFR 127.16 (Subpart B), revised as of July 1, 2023 (Electronic Reporting of NPDES Information from NPDES-Regulated Facilities);(7-1-24) u.40 CFR 129.1 through 40 CFR 129.105 (Subpart A), revised as of July 1, 2023 (Toxic Pollutant Effluent Standards and Prohibitions);(7-1-24) v.40 CFR 133.100 through 40 CFR 133.105, revised as of July 1, 2023 (Secondary Treatment Regulation);(7-1-24) w.40 CFR Part 136, revised as of July 1, 2023 (Guidelines Establishing Test Procedures for the Analysis of Pollutants, including Appendices A, B, C, and D);(7-1-24) x.40 CFR Part 401, revised as of July 1, 2023 (General Provisions);(7-1-24) y.40 CFR 403.1 through 40 CFR 403.3; 40 CFR 403.5 through 40 CFR 403.18, revised as of July 1, 2023 (General Pretreatment Regulations for Existing and New Sources of Pollution, including Appendices D, E, and G);(7-1-24) z.40 CFR Part 405 through 40 CFR Part 471, revised as of July 1, 2023 (Effluent Limitations and Guidelines); and(7-1-24) aa.40 CFR 503.2 through 40 CFR 503.48, revised as of July 1, 2023 (Sewage Sludge, including Appendices A and B).(7-1-24)

bb.The term “Waters of the United States or waters of the U.S.,” as defined in 84 Federal Register 56626, 56669, October 22, 2019 (effective December 23, 2019).(7-1-24)

02.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 mean:(7-1-24)

a.Administrator or Regional Administrator means the EPA Region 10 Administrator;(7-1-24)

b.Appr oval Authority means the Department of Environmental Quality;(7-1-24)

c.Approved POTW Pretreatment Program or Program or POTW Pretreatment Program means a program administered by a POTW that meets the criteria established in 40 CFR 403.8 and 403.9, and has been approved by the Department in accordance with 40 CFR 403.1;(7-1-24)

d.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;(7-1-24)

e.Director, State Director, or State Program Director, means the Director of the Department of Environmental Quality with an NPDES permit program approved pursuant to CWA Section 402(b);(7-1-24)

f.National Pollutant Discharge Elimination System (NPDES) means the Idaho Pollutant Discharge Elimination System (IPDES);(7-1-24)

g.National Pretreatment Standard, Pretreatment Standard, or Standard means a regulation containing pollutant discharge limits promulgated by the EPA in accordance with CWA Sections 307 (b) and (c), which applies to Industrial Users. This term includes prohibited discharge limits established under 40 CFR 403.5 or following procedures outlined in 40 CFR 403.8;(7-1-24)

h.Permitting Authority (preceded by NPDES or State) means the Department of Environmental Quality with an NPDES permit program approved pursuant to CWA Section 402(b); and(7-1-24)

i.Water Management Division Director means a Director of the Water Management Division within the US Environmental Protection Agency Region 10 office or this person’s delegated representative.(7-1-24)

IDAPA 58.01.25.004 Administrative Provisions

Persons may be entitled to appeal final IPDES permit decisions under Section 204.(7-1-24)

IDAPA 58.01.25.005 (Reserved)

IDAPA 58.01.25.010 Definitions

Terms not in this section are defined in IDAPA 58.01.02, “Water Quality Standards,” o r IDAPA 58.01.16, “Wastewater Rules.”(7-1-24)

01.Animal Feeding Operation. As defined in 40CFR 122.23.(7-1-24)

02.Applicable Standards and Limitations.State, interstate, and federal standards and limitations to which a discharge, sewage sludge use or disposal practice, or related activity is subject under the CWA, including effluent limitations, water quality standards, standards of performance, toxic effluent standards or prohibitions, best management practices (BMP), pretreatment standards, and standards for sewage sludge use or disposal under CWA Sections 301, 302, 303, 304, 306, 307, 308, 402, and 405.(7-1-24)

03.Application.IPDES forms for applying for a permit or the EPA equivalent forms when deemed acceptable by the Department, including additions, revisions, or modifications to the forms.(7-1-24)

04.Approved Program or Approved State. A state or interstate program approved or authorized by EPA under 40 CFR Part 123.(7-1-24)

05.Aquaculture Project. As defined in CFR 122.25.(7-1-24)

06.Average Monthly Discharge Limitation. The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.(7-1-24)

07.Average Weekly Discharge Limitation. The highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.(7-1-24)

08.Background. The biological, chemical or physical condition of waters measured at a point immediately upstream (up-gradient) of the influence of an individual point or nonpoint source discharge. If several discharges to the water exist or if an adequate upstream point of measurement is absent, the Department will determine where background conditions will be measured.(7-1-24)

09.Best Management Practices (BMP). Scheduled activities, prohibited practices, maintenance procedures, and other management practices which prevent or reduce the pollution of waters of the United States.

BMPs include treatment requirements; operating procedures; and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.(7-1-24)

10.Biochemical Oxygen Demand (BOD). As defined in IDAPA 58.01.16.(7-1-24)

11.Biological Monitoring or Biomonitoring. As defined in IDAPA 58.01.02.(7-1-24)

12.Bypass. The intentional diversion of wastewater from any portion of a treatment facility. (7-1-24)

13.Chemical Oxygen Demand (COD). A bulk parameter that measures the oxygen-consuming capacity of organic and inorganic matter present in water or wastewater, expressed as the amount of oxygen consumed from a chemical oxidant in a specific test.(7-1-24)

14.Class I Sludge Management Facility. A POTW, identified under 40 CFR 403.8(a), required to have an approved pretreatment program (including POTWs for which the Department has assumed local program responsibilities under 40 CFR 403.10(e)) and any other treatment works treating domestic sewage (TWTDS) classified as a Class I sludge management facility by the Department, because of the potential for its sludge use or disposal practices to adversely affect public health and the environment.(7-1-24)

15.Clean Water Act (CWA). Formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972. Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483 and Public Law 97-117, 33 U.S.C. 1251 et seq.(7-1-24)

16.Compliance Schedule or Schedule of Compliance. A schedule of remedial measures in a permit, including an enforceable sequence of interim requirements (e.g., actions, operations, or milestones) leading to compliance with the CWA and these rules.(7-1-24)

17.Concentrated Animal Feeding Operation (CAFO). As defined in 40 CFR 122.23.(7-1-24)

18.Concentrated Aquatic Animal Production (CAAP). As defined in CFR 122.24(7-1-24)

19.Continuous Discharge. A discharge occurring without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities. (7-1-24)

20.Daily Discharge. The discharge of a pollutant measured during a calendar day or any twenty-four (24)-hour period that reasonably represents the calendar day for sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limits expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant discharged over the day.(7-1-24)

21.Design Flow. The average or maximum point source discharge volume per unit time that a facility or system is constructed to accommodate.(7-1-24)

22.Direct Discharge. The discharge of a pollutant to waters of the United States.(7-1-24)

23.Discharge Monitoring Report (DMR). A required facility or activity report containing monitoring and discharge quality and quantity information and data, submitted periodically, as defined in the discharge permit. These reports must be submitted to the Department in an approved format.(7-1-24)

24.Discharge. When used without qualification means the discharge of a pollutant.(7-1-24)

25.Discharge of a Pollutant. Any addition of any pollutant or combination of pollutants to waters of the United States from any point source. This definition includes add itions of pollutants into waters of the United States from surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition of pollutants by an indirect discharger.(7-1-24)

26.Draft Permit. A document prepared under these rules indicating the Department’s tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of termination of a permit, and a notice of intent to deny a permit, as discussed in Subsections 107.01 and 203.02, are types of draft permits. Denial of a request for modification, revocation and reissuance, or termination, as discussed in Subsection 201.01, is not a draft permit. A proposed permit is not a draft permit.(7-1-24)

27.Effluent. Discharge of treated or untreated pollutants into waters of the United States.(7-1-24)

28.Effluent Limitation or Limit. A restriction imposed by the Department on quantities, discharge rates, and concentrations of pollutants that are discharged from point sources into waters of the United States, in accordance with these rules and the CWA.(7-1-24)

29.Effluent Limitations Guidelines (ELG). A regulation published by EPA under CWA Section 304(b) to adopt or revise effluent limitations.(7-1-24)

30.Electronic Signature. Information in digital form that is included in or associated with an electronic document that signifies the same meaning and intention as a handwritten signature.(7-1-24)

31.Equivalent Dwelling Unit (EDU). A measure where one (1) EDU is equivalent to wastewater generated from one (1) single-family residence. For assessing fees associated with publicly or privately owned domestic sewage treatment, the number of EDUs is calculated as the population served divided by the average household size as defined in the most recent US Census Bureau data (for that municipality, county, or average number of persons per household for the state of Idaho). For fees associated with industrial wastewater treatment owned by a municipality, EDUs are calculated according to the definition of EDU in IDAPA 58.01.16, “Wastewater Rules.”

32.Existing Source. A source that is not a new source or a new discharger.(7-1-24)

33.Facilities or Equipment. Buildings, structures, process or production equipment or machinery that form a permanent part of the new source and will be used in its operation, if the facilities or equipment are of such value as to represent a substantial commitment to construct. It excludes facilities or equipment used in feasibility, engineering, and design studies regarding the source or water pollution treatment for the source.(7-1-24)

34.Facility or Activity. A point source or other facility or activity (including land or appurtenances) regulated under the IPDES program.(7-1-24)

35.Fundamentally Different Factors. The factors relating to a discharger's facilities, equipment, processes or other factors related to the discharger are fundamentally different from the factors considered by EPA in developing the national effluent limits.(7-1-24)

36.General Permit. An IPDES permit issued under Section 130 authorizing a category of discharges within a geographical area.(7-1-24)

37.Hazardous Substance. A substance designated under 40 CFR Part 116 pursuant to CWA Section

IDAPA 58.01.25.311 (7-1-24)

38.Idaho Pollutant Discharge Elimination System (IPDES). Idaho’s program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under these rules and CWA Sections 307, 402, 318, and 405.(7-1-24)

39.Indian Country.(7-1-24)

a.Land within the limits of an Indian reservation under the jurisdiction of the US Government, notwithstanding the issuance of a patent, and including rights-of-way running through the reservation;(7-1-24)

b.Dependent Indian communities within the borders of the United States, whether within the originally or subsequently acquired territory thereof, and whether within or without the limits of the state; and

c.Indian allotments, the Indian titles to which have not been extinguished including rights-of-way running through the same.(7-1-24)

40.Indian Tribe. Any Indian tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a federal Indian reservation.(7-1-24)

41.Indirect Discharger. A nondomestic discharger introducing pollutants to a privately or publicly owned treatment works.(7-1-24)

42.Infiltration. Water other than wastewater that enters a sewer system (including sewer service connections and foundation drains) from the ground through sources such as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.(7-1-24)

43.Inflow. Water other than wastewater that enters a sewer system (including sewer service connections) from sources including, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.(7-1-24)

44.Integrated Planning. A voluntary plan developed by the permittee in consultation and coordination with the Department. The plan will be based on USEPA 2012 policy guidance as further codified by the America's Water Infrastructure Act of 2018, Public law: 115-270. Integrated Plans may include wastewater discharges from POTWs, reclaimed or recycled water from municipalities, MS4 storm water, nonpoint source municipal storm water, and municipal owned geothermal water. An Integrated Plan may also incorporate other watershed activities undertaken by municipalities such as beneficial reuse of biosolids, stream and restoration activities, and aquatic and riparian improvements.(7-1-24)

45.Interstate Agency. An agency of two (2) or more states established by or under an agreement or compact, or any other agency of two (2) or more states having substantial powers or duties pertaining to the control of pollution.(7-1-24)

46.Major Facility.(7-1-24)

a.A publicly or privately owned treatment works with a design flow equal to or greater than one million gallons per day (1 MGD), or serves a population of ten thousand (10,000) or more, or causes significant water quality impacts; or(7-1-24)

b.A non-municipal facility that equals or exceeds the eighty (80) point accumulation described in the Score Summary of the NPDES Non-municipal Permit Rating Work Sheet (June 27, 1990) or the Department equivalent.(7 -1-24)

47.Maximum Daily Discharge Limitation. The highest allowable daily discharge.(7-1-24)

48.Maximum Daily Flow. The largest volume of flow to be discharged during a continuous twentyfour-hour period expressed as a volume per unit time.(7-1-24)

49.Mixing Zone. As defined in IDAPA 58.01.02.(7-1-24)

50.Municipality. A city, town, county, district, association, or other public body created by or under state law with jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under CWA Section 208.

51.National Pollutant Discharge Elimination System (NPDES). The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Sections 307, 402, 318, and 405.(7-1-24)

52.New Discharger. A building, structure, facility, or installation that:(7-1-24)

a.Discharge or may discharge pollutants;(7-1-24)

b.Did not discharge pollutants at a particular site before August 13, 1979;(7-1-24)

c.Is not a new source; and(7-1-24)

d.Has never received an effective NPDES or IPDES permit for discharges at that site.(7-1-24)

e.This includes an indirect discharger which commences discharging into waters of the United States after August 13, 1979, and an existing mobile point source, such as an aggregate plant, that discharges at a site for which it does not have a permit;(7-1-24)

53.New Source. A building, structure, facility, or installation that discharges or may discharge pollutants, and construction has commenced:(7-1-24)

a.After promulgation of performance standards under CWA Section 306 applicable to the source; or

b.After proposal of performance standards under CWA Section 306 applicable to the source, but only if the standards are promulgated within one hundred twenty (120) days of the proposal.(7-1-24)

54.Notice of Intent to Deny. A draft permit that conveys to a permit applicant or permittee the Department’s intent to not issue or renew an IPDES permit.(7-1-24)

55.Notice of Intent to Obtain Coverage under an IPDES General Permit. An applicant seeking discharge coverage under an IPDES general permit must submit a notice of intent to obtain coverage for discharges to waters of the United States under general permit classifications, including, but not limited to:(7-1-24)

a.Storm Water Construction General Permit (CGP);(7-1-24)

b.Multi-sector General Permit (MSGP) for Industrial Storm Water Requirements;(7-1-24)

c.Municipal Separate Storm Sewer System (MS4) General Permit;(7-1-24)

d.Concentrated Animal Feeding Operation (CAFO) General Permit;(7-1-24)

e.Concentrated Aquatic Animal Production (CAAP) Facility General Permit;(7-1-24)

f.Ground Water Remediation General Permit;(7-1-24)

g.Suction Dredge General Permit; or(7-1-24)

h.Pesticide General Permit (PGP).(7-1-24)

56.Notice of Termination. A notice of termination conveys:(7-1-24)

a.To a permittee, the Department’s intent to terminate an existing IPDES permit for cause; or

b.To the Department a permittee’s intent to terminate coverage for an activity under an individual or general permit. A construction general permit holder must submit a notice of termination within 30 (thirty) days of completing construction activities and final stabilization for storm water control.(7-1-24)

57.Owner or Operator. The person, company, corporation, district, association, or other organizational entity that is an owner or operator of any facility or activity subject to regulation under the IPDES program.(7-1-24)

58.Pesticide Discharges. Discharges that result from the application of biological pesticides, and the application of chemical pesticides that leave a residue, from point sources to waters of the United States. This does not include agricultural storm water discharges and return flows from irrigated agriculture that are excluded by law (33 U.S.C. 1342(l); 33 U.S.C. 1362(14)).(7-1-24)

59.Pesticide Residue. To determine whether an IPDES permit is needed for discharges to waters of the United States from pesticide application, the portion of a pesticide application discharged from a point source to waters of the United States that no longer provides pesticidal benefits. It includes degradation byproducts of the pesticide.(7-1-24)

60.Permit. The authorization, license, or equivalent control document issued by the Department to implement these rules. This does not include a draft permit or a proposed permit.(7-1-24)

61.Person. An individual, public or private corporation, partnership, association, firm, joint stock company, joint venture, trust, estate, state, municipality, commission, political subdivision of the state, state or federal agency, department or instrumentality, special district, interstate body or a legal entity, or an agent or employee recognized by law as the subject of rights and duties.(7-1-24)

62.Point Source. A discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft that discharges or may discharge pollutants. This does not include return flows from irrigated agriculture or agricultural storm water runoff that are excluded by law (33 U.S.C. 1342(l); 33 U.S.C. 1362(14)).(7-1-24)

63.Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean:(7-1-24)

a.Sewage from vessels; or(7-1-24)

b.Water, gas, or other material injected into a well to facilitate production of oil or gas, or water resulting from oil and gas production and disposed of in a well, if the well used for production or disposal is approved by authority of the state where the well is located, and if the state determines the injection or disposal will not degrade ground or surface water resources.

NOTE: Radioactive materials covered by the Atomic Energy Act are encompassed in its definition of source, byproduct, or special nuclear materials. Examples of materials not covered include radium and accelerator-produced isotopes. See Train v. Colorado Public Interest Research Group, Inc., 426 U.S. 1 (1976).(7-1-24)

64.Potable Water. As defined in IDAPA 58.01.16.(7-1-24)

65.Pretreatment. As defined in 40 CFR 403.3.(7-1-24)

66.Primary Industry Category. An industry category listed in Appendix A of 40 CFR Part 122.

67.Privately Owned Treatment Works. A device or system used to treat wastes and is not a publicly owned treatment works (POTW).(7-1-24)

68.Process Wastewater. Water that, during manufacturing or processing, comes into direct contact with or results from producing or using a raw material, intermediate product, finished product, byproduct, or waste product.(7-1-24)

69.Proposed Permit. An IPDES permit prepared after the public comment period closes (and when applicable, any public meeting and administrative appeals) that is sent to EPA for review before final issuance by the Department. A proposed permit is not a draft permit.(7-1-24)

70.Proposed Settlement of a State Enforcement Action. A Department consent order, compliance agreement schedule, or compliance schedule order issued in response to a notice of violation that will be signed by the Director. This does not include amendments or extensions of consent orders, compliance agreement schedules, or compliance schedule orders.(7-1-24)

71.Publicly Owned Treatment Works (POTW). As defined in 40 CFR 403.3.(7-1-24)

72.Receiving Waters. Waters of the United States to which there is a discharge of pollutants. (7-1-24)

73.Recommencing Discharger. A source that renews discharges after terminating operations.

74.Regional Administrator. The Region 10 Administrator of the US Environmental Protection Agency or the authorized representative of the Regional Administrator.(7-1-24)

75.Secondary Industry Category. An industry category that is not a primary industry category.

76.Secondary Treatment. Technology-based requirements for direct discharging POTWs, based on the expected performance of a combination of physical and biological processes typical for the treatment of pollutants in municipal sewage. Standards are the minimum level of effluent quality for BOD , total suspended solids (TSS), and pH (except for treatment equivalent to secondary treatment and other special considerations).(7-1-24)

77.Secretary. Secretary of the Army, acting through the Chief of Engineers.(7-1-24)

78.Septage. Liquid and solid material pumped from a septic tank, cesspool, or similar domestic sewage treatment system, or a holding tank when the system is cleaned or maintained.(7-1-24)

79.Severe Property Damage. Substantial physical damage to property, damage to the treatment facilities causing them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.(7-1-24)

80.Sewage. As defined in IDAPA 58.01.16.(7-1-24)

81.Sewage from Vessels. Human body wastes and wastes from toilets and other receptacles intended to receive or retain body wastes that are discharged from vessels and regulated under CWA Section 312.(7-1-24)

82.Sewage Sludge. Solid, semi-solid, or liquid residue removed during municipal wastewater or domestic sewage treatment. Sewage sludge includes, but is not limited to, solids removed during primary, secondary, or advanced wastewater treatment; scum; septage; portable toilet pumpings; type III marine sanitation device pumpings (33 CFR Part 159); and sewage sludge products. Sewage sludge does not include grit or screenings, or ash generated during sewage sludge incineration.(7-1-24)

83.Sewage Sludge Use or Disposal Practice. The collection, storage, treatment, transportation, processing, monitoring, use, or disposal of sewage sludge.(7-1-24)

84.Significant Industrial User. Industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Parts 400 through 471 and any other industrial user that:(7-1-24)

a.Discharge an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);(7-1-24)

b.Contribute a process waste stream that makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or(7-1-24)

c.Is designated by the Control Authority based on reasonable potential to adversely affect the POTW's operation or violate a Pretreatment Standard or requirement (in accordance with 40 CFR 403.8(f)(6)).

85.Silvicultural Point Source. As defined in 40 CFR 122.27.(7-1-24)

86.Site. Land or water area where a facility or activity is physically located or conducted, including adjacent land used with the facility or activity.(7-1-24)

87.Sludge-Only Facility. A TWTDS whose methods of sewage sludge use or disposal is subject to regulations under CWA Section 405(d) and is required to obtain an IPDES permit.(7-1-24)

88.Source. A building, structure, facility, or installation that discharges or may discharge pollutants.

89.Standards for Sewage Sludge Use or Disposal. Regulations promulgated under CWA Section 405(d) and these rules which govern minimum requirements for sewage sludge quality, management practices, and monitoring and reporting applicable to sewage sludge or the use or disposal of sewage sludge by a person.(7-1-24)

90.Storm Water. Storm water runoff, snow melt runoff, and surface runoff and drainage.(7-1-24)

91.Technology-Based Effluent Limitation (TBEL). Treatment requirements under the CWA that represent the minimum level of control to be imposed in a permit issued under CWA Section 402.(7-1-24)

92.Total Dissolved Solids. Total dissolved (filterable) solids determined by use of the method specified in 40 CFR Part 136.(7-1-24)

93.Toxic Pollutant. A substance, material or disease-causing agent, or a combination that after discharge to waters of the United States and upon exposure, ingestion, inhalation, or assimilation into any organism (including humans), either directly from the environment or indirectly by ingestion through food chains, will cause death, disease, behavioral abnormalities, malignancy, genetic mutation, physiological abnormalities (including reproductive malfunctions) or physical deformations in affected organisms or their offspring. Toxic pollutants include, but are not limited to, the one hundred twenty-six (126) priority pollutants identified by EPA under CWA Section 307(a), or, for sewage sludge use or disposal practices, a pollutant identified in regulations implementing CWA Section 405(d).(7-1-24)

94.Treatment. As defined in IDAPA 58.01.16.(7-1-24)

95.Treatment Works Treating Domestic Sewage (TWTDS). A POTW or other sewage sludge or waste water treatment devices or systems, regardless of ownership (including federal facilities), used in storaging, treating, recycling, and reclaiming municipal or domestic sewage, including land dedicated for sewage sludge disposal. This does not include septic tanks or similar devices. Domestic sewage includes waste and waste water from humans or household operations that are discharged to or enter a treatment works.(7-1-24)

96.Upset. An exceptional incident resulting in unintentional and temporary noncompliance with technology-based permit effluent limits because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.(7-1-24)

97.User. A person served by a wastewater system.(7-1-24)

98.Variance. A mechanism or provision under CWA Section 301 or 316, 40 CFR Part 125, or in the ELGs allowing modification to or waiver of the effluent limit requirements or time deadlines of the CWA. This includes provisions allowing the establishment of alternative limits based on fundamentally different factors or on CWA Sections 301(c), 301(g), 301(h), 301(i), or 316(a).(7-1-24)

99.Wasteload Allocation (WLA). The portion of a receiving water's loading capacity allocated to one (1) of its existing or future point sources of pollution.(7-1-24)

100.Wastewater. As defined in IDAPA 58.01.16.(7-1-24)

101.Water Pollution. An alteration of the physical, thermal, chemical, biological, or radioactive properties of waters of the United States, or the discharge of a pollutant into the waters of the United States that will or is likely to create a nuisance or to render waters harmful, detrimental, or injurious to public health, safety, or welfare, or to fish and wildlife, or to domestic, commercial, industrial, recreational, aesthetic, or other beneficial uses.

102.Water Quality-Based Effluent Limit (WQBEL). An effluent limit determined by selecting the most stringent of the effluent limits calculated using all applicable water quality criteria (e.g., aquatic life, human health, wildlife, translation of narrative criteria) for a specific point source to a specific receiving water.(7-1-24)

103.Water Transfer. An activity that conveys or connects waters of the United States without subjecting the transferred water to intervening industrial, municipal, or commercial use.(7-1-24)

104.Wetlands. Areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs, and similar areas.(7-1-24)

105.Whole Effluent Toxicity (WET). The aggregate toxic effect of effluent measured directly by a toxicity test.(7-1-24)

IDAPA 58.01.25.011 (Reserved)

IDAPA 58.01.25.050 Computation of Time

01.Computing Time. W hen computing a period of time scheduled to begin after or before an act or event occurs, the date of the act or event is not included. The last day of the period is included, unless it is a Saturday, Sunday, or legal holiday, in which case the period runs until the end of the next day which is neither a Saturday, Sunday, or 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(7-1-24)

02.Notice by Mail. When 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 by mail, three (3) days will be added to the prescribed time.(7-1-24)

IDAPA 58.01.25.051 (Reserved)

IDAPA 58.01.25.090 Signature Requirements

01.Permit Applications and Notices of Intent. IPDES permit applications and no tices of intent must be signed by a certifying official as follows:(7-1-24)

a.For a corporation, a responsible corporate officer must sign the application or notice of intent. In this subsection, a responsible corporate officer means:(7-1-24)

i.President, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or other person who performs similar policy- or decision-making functions for the corporation; or (7-1-24)

ii.Manager of one (1) or more manufacturing, production, or operating facilities or sites, if the manager:(7-1-24)

(1)Is authorized to make management decisions that govern the operation of the regulated facility, including the explicit or implicit duty of recommending major capital investments, and initiating and directing other comprehensive measures to ensure long-term environmental compliance with environmental statutes and regulations;

(2)Ensures the necessary systems are established or actions taken to gather complete and accurate information for IPDES permit application requirements; and(7-1-24)

(3)Has been assigned or delegated authority to sign documents following corporate procedures;

b.For a partnership or sole proprietorship, the general partner or proprietor, respectively, signs the application; and(7-1-24)

c.For a municipality, state, or other public agency, either a principal executive officer or ranking elected official must sign the application. In this subsection, a principal executive officer of an agency means:

i.Chief executive officer of the agency; or(7-1-24)

ii.Senior executive officer responsible for the overall operations of a principal geographic unit or agency division.(7-1-24)

02.Reports and Other Information Submitted. A report or information required by an IPDES permit, notice of intent, monitoring and reporting provisions, and other information requested by the Department must be signed by a person described in Subsection 090.01, or by a duly authorized representative of that person. A person is a duly authorized representative only if:(7-1-24)

a.Authorization is made in writing by a person described in Subsection 090.01;(7-1-24)

b.Authorization specifies either:(7-1-24)

i.An individual or a position responsible for the overall operation of the regulated facility or activity, including a manager, operator, superintendent, or position of equivalent responsibility; or(7-1-24)

ii.An individual or position responsible for overall environmental matters for the company; and

c.The written authorization is submitted to the Department.(7-1-24)

03.New Authorization. If an authorization is no longer accurate due to a change in staffing or personnel for the overall operation of the facility, a new authorization satisfying the requirements of Subsection 090.01 must be submitted to the Department before or with a report, information, or application to be signed by an authorized representative.(7-1-24)

04.Certification. A person signing a document under Subsections 090.01 or 090.02 must certify as follows: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”(7-1-24)

05.Electronic Signatures. The Department may require signed, certified, or authorized information to be submitted electronically, with an electronic signature approved by the Department.(7-1-24)

06.Electronic Reporting. When documents described in Subsection 090.01 or 090.02 are submitted electronically by or on behalf of the IPDES-regulated facility, persons providing the electronic signature must meet the relevant requirements of this section, and ensure the relevant requirements of 40 CFR Part 3 (Cross-Media Electronic Reporting) and 40 CFR Part 127 (NPDES Electronic Reporting Requirements) are met for that submission.(7-1-24)

IDAPA 58.01.25.091 (Reserved)

IDAPA 58.01.25.100 Effect of a Permit

01.Rights. The issuance of, or coverage under, an IPDES permit does not convey property rights or exclusive privilege nor does it authorize injury to persons or property or invasion of other private rights, or infringement of state or local law or regulations. It does not constitute authorization of the permitted activities by another state or federal agency or private person or entity, and does not excuse the permit holder from the obligation to obtain other necessary approvals, authorizations, or permits.(7-1-24)

02.Compliance. Except for toxic effluent standards and prohibitions imposed under CWA Section 307, and standards for sewage sludge use or disposal under CWA Section 405(d), compliance with an IPDES permit during its term constitutes compliance, for enforcement, with CWA Sections 301, 302, 306, 307, 318, 403, and 405(a) through (b). A permit or coverage under a permit may be modified, revoked and reissued, or terminated during its term for cause as established in Sections 130 (General Permits), 201 (Modification, or Revocation and Reissuance of IPDES Permits), and 203 (Termination of IPDES Permits).(7-1-24)

IDAPA 58.01.25.101 Duration

01.Permit Term. IPDES permit s will be issued for a duration of five (5) years or less.(7-1-24)

a.The Department may issue a permit for less than five (5) years. The reasoning behind issuing a permit for a shorter period will be provided in the fact sheet.(7-1-24)

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.(7-1-24)

c.A permit may be issued to expire on or after the statutory deadline established in CWA Sections 301(b)(2)(A), (C), and (E), if the permit includes effluent limits required by CWA Sections 301(b)(2)(A), (C), (D), (E) and (F), whether or not ELGs have been promulgated or approved.(7-1-24)

d.A determination that a particular discharger falls within a given industrial category for 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.(7-1-24)

e.A federally-issued NPDES permit transferred to the Department to administer after EPA approval of the IPDES program, continues in effect and is enforceable by the Department, subject to Subsections 101.02 and

IDAPA 58.01.25.101 03.(7-1-24)

02.Continuation of Individual Permits. The conditions of an expired individual federal NPDES permit (except for permits under EPA authority) or a state-issued IPDES permit, will remain fully effective and enforceable until the effective date of a new permit or the date of the Department’s final decision to deny the application for the new permit, if:(7-1-24)

a.The permittee submitted a timely and complete application for a new permit under Section 105; and

b.The Department, because of time, resources, or other constraints, but through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the previous permit.

03.Continuation of General Permits. The conditions of an expired general NPDES permit or a stateissued IPDES permit, will remain fully effective and enforceable (except for permits under EPA authority) until the date the authorization to discharge under the new permit is determined, if:(7-1-24)

a.The permittee submitted a timely notice of intent to obtain coverage under the new general permit as specified in Section 130; and(7-1-24)

b.The Department, because of time, resources, or other constraints, but through no fault of the permittee, does not issue a new general permit with an effective date on or before the expiration date of the previous

04.Continuation of Permits During an Appeal. Whether the conditions of an expired permit remain effective and enforceable during an appeal of a new permit, or an appeal of the denial of a permit application, is governed by Section 204.(7-1-24)

IDAPA 58.01.25.102 Obligation to Obtain an Ipdes Permit

01.Persons Who Must Obtain a Permit. A person who discharges or proposes to discharge a pollutant from a 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, must submit a complete IPDES permit application to the Department, unless the discharge, proposed discharge, or TWTDS is:(7-1-24)

a.Covered by one (1) or more general permits in compliance with Section 130. An applicant must complete a notice of intent for a discharge or proposed discharge covered by one (1) or more general permits;

b.Excluded from IPDES permit requirements under Subsection 102.05;(7-1-24)

c.By a user to a privately owned treatment works, and the Department, under Section 370, does not otherwise require the person to apply for a permit; or(7-1-24)

d.A TWTDS facility that uses or disposes of sewage sludge where a standard applicable to its sewage sludge use or disposal practices has not been published. These facilities must submit limited background information, as specified in Subsection 105.17.o., within one (1) year after publication of applicable standards.(7-1-24)

02.Operator’s Duty to Obtain a Permit. When a facility or activity is owned by one person but is operated by another person, it is the operator’s duty to obtain a permit.(7-1-24)

03.Permits Under CWA 405(f). New and currently permitted TWTDS whose sewage sludge use or disposal practices are regulated by 40 CFR Part 503 must submit permit applications according to the schedule in Subsection 105.17. The Department may require permit applications from TWTDS at any time if the Department determines that a permit is necessary to protect public health and the environment from potential adverse effects that may occur from toxic pollutants in sewage sludge.(7-1-24)

04.Designation of Small Municipal Separate Storm Sewer Systems (MS4s). DEQ will designate a small MS4 that is not located in an urbanized area, as determined by the latest decennial census by the US Census Bureau, as a regulated small MS4 that must be covered by an IPDES permit if the Department determines that the storm water discharge:(7-1-24)

a.Results in or has the potential to result in exceedance of water quality standards or other significant water quality impacts; or(7-1-24)

b.Contributes substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the IPDES storm water program.(7-1-24)

05.Exclusions from Permit. A person must not discharge pollutants from a point source into waters of the United States without first obtaining an IPDES permit from the Department or coverage under an IPDES general permit, unless the discharge is excluded from IPDES permit requirements or the discharge is authorized by an IPDES or NPDES permit that continues in effect. The Department will not require persons to obtain IPDES permits for facilities or activities that are not required to obtain NPDES permits from EPA under the CWA and CWA regulations. Discharges excluded from IPDES permit requirements, but that may be regulated by other state or federal regulations include:(7-1-24)

a.Sewage discharge from vessels and effluent from properly functioning marine engines, laundry, shower and galley sink wastes, or other discharge incidental to the normal operation of a vessel of the US Armed Forces under CWA Section 312, and a recreational vessel under CWA Section 502(25). None of these exclusions apply to:(7-1-24)

i.Rubbish, trash, garbage, or other materials discharged overboard; nor to(7-1-24)

ii.Discharges when the vessel is operating in a capacity other than as a means of transportation such as:(7-1-24)

(1)An energy or mining facility;(7-1-24)

(2)A storage facility, or when secured to a storage facility; or(7-1-24)

(3)When secured to the bed of the waters of the United States for mineral or oil exploration or development;(7-1-24)

b.A discharge of dredged or fill material into waters of the United States regulated under CWA Section 404;(7-1-24)

c.Sewage, industrial wastes, or other pollutants discharged into publicly owned treatment works (POTWs) by an indirect discharger who has received a will-serve letter authorizing the discharge to the POTW. Plans or agreements to switch to this method of disposal in the future do not relieve dischargers of the obligation to have and comply with permits until all discharges of pollutants to waters of the United States are eliminated. This exclusion does not apply to introducing pollutants to privately owned treatment works or to other discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other party not leading to treatment works;

d.A discharge in compliance with the instructions of an on-scene coordinator under 40 CFR Part 300 (The National Oil and Hazardous Substances Pollution Contingency Plan), or 33 CFR 153.10(e) (Control of Pollution by Oil and Hazardous Substances, Discharge Removal);(7-1-24)

e.Introduction of pollutants from non-point source agricultural and silvicultural activities, including storm water runoff from orchards, cultivated crops, pastures, range lands, and forest lands; however, this exclusion does not apply to discharges from concentrated animal feeding operations (CAFO) as defined in 40 CFR 122.23, discharges from concentrated aquatic animal production (CAAP) facilities, discharges to aquaculture projects, and discharges from silvicultural point sources;(7-1-24)

f.Return flow from irrigated agriculture;(7-1-24) g.

Discharges into a privately owned treatment works, except as the Department may otherwise require under Subsection 302.15; and(7-1-24)

h.Discharges from a water transfer. This exclusion does not apply to pollutants introduced by the water transfer activity to the transferred water.(7-1-24)

IDAPA 58.01.25.103 Permit Prohibitions

The Department will not issue an IPDES permit for a discharge:(7-1-24)

01.CWA Compliance. Unless the conditions of the permit provide for compliance with the requirements of IDAPA 58.01.02, “Water Quality Standards” and 58.01.25 “Idaho Pollutant Discharge Elimination System Rules”;(7-1-24)

02.EPA Objection. When the Department has received written objection under 40 CFR 123.44 from the EPA Regional Administrator and until the objections are resolved according to the process identified in the Memorandum of Agreement between EPA and the Department;(7-1-24)

03.Water Quality Requirements. When the imposition of conditions cannot ensure compliance with the applicable water quality requirements of all affected states;(7-1-24)

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 the waters of the United States will be substantially impaired by the discharge;(7-1-24)

05.Banned Content. Of any radiological, chemical, or biological warfare agent or high level radioactive waste;(7-1-24)

06.Area Wide Waste Treatment Management Plans. That is inconsistent with a plan or plan amendment approved under CWA Section 208(b); or(7-1-24)

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.(7-1-24)

a.When the owner or operator of a new source or new discharge proposes to discharge into a water segment that does not meet water quality standards, or that is not expected to meet those standards even after applying the effluent limit required by CWA 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:(7-1-24)

i.Sufficient remaining pollutant load allocations exist to allow for the discharge; and(7-1-24)

ii.The existing dischargers into the segment are subject to compliance schedules that bring the segment into compliance with water quality standards.(7-1-24)

b.The Department may waive the submission of information by the permit applicant required in Subsection 103.07.a. if the Department determines adequate information exists to evaluate the request.(7-1-24)

c.The development of limits to meet the criteria of this section is explained in the fact sheet to the

IDAPA 58.01.25.104 Pre-Application Process

A person who intends to apply for a permit or who proposes to discharge a pollutant into the waters of the United States may contact the Department to schedule a meeting to discuss an application before submittal:(7-1-24)

01.Permit Applicability. Whether the actions or facility will require an IPDES permit, and whether other suitable permitting options are available;(7-1-24)

02.Application Content. The IPDES permit application requirements; and(7-1-24)

03.Application Schedule. The IPDES permit application submittal schedule.(7-1-24)

IDAPA 58.01.25.105 Individual Permit Applications

01.Electronic Submittals. The Departm ent may require an applicant to electronically submit information required by this section using an approved electronic method.(7-1-24)

02.Application Retention Schedule. An applicant must keep records of all data used to complete a permit application and supplemental information submitted for at least three (3) years from the date the application is signed.(7-1-24)

03.Time to Apply. A person required under Subsections 102.01 through 102.03 to obtain an IPDES permit must submit a complete application for a permit to the Department following the requirements of this subsection. A permit application must be signed and certified as required by Section 090.(7-1-24)

a.A person proposing a new discharge must apply at least one hundred eighty (180) days before the discharge will commence, unless the Department grants permission to submit the application on a later date as specified in Subsections 105.03.e. and f. A facility proposing a new storm water discharge from an industrial activity must apply one hundred eighty (180) days before that facility commences activity that may result in a discharge of storm water, unless the Department grants permission to submit the application on a later date as specified in Subsections 105.03.e. and f.(7-1-24)

b.Facilities described under 40 CFR 122.26(b)(14)(x) or (b)(15)(i) must apply at least ninety (90) days before construction commences unless otherwise required by the general permit.(7-1-24)

c.A TWTDS that commences operations after promulgation of a “standard for sewage sludge use or disposal” must apply to the Department at least one hundred eighty (180) days before commencing proposed operations.(7-1-24)

d.A person discharging from a permitted facility with an effective permit must reapply at least one hundred eighty (180) days before the expiration of the existing permit, unless the Department grants permission to submit the application on a later date as specified in Subsections 105.03.e. and f.(7-1-24)

e.The Department may grant permission to apply in less than one hundred eighty (180) days. The Department’s prior approval must be obtained at least one hundred eighty (180) days before the existing permit expires or new discharge commences.(7-1-24)

f.The application will not be accepted as an application for permit renewal after permit expiration.

Applications received after the permit expiration will be reviewed as an application for a new source or new discharger.(7-1-24)

04.Individual Permit Application Forms. An applicant must use one (1) or more Departmentapproved forms appropriate to the number and type of discharge or outfall at the applicant’s facility. A person required by Subsections 102.01 through 102.03 to obtain an individual IPDES permit must submit an application to the Department providing the information required by this subsection and Subsections 105.05 through 105.19:

a.Applicants, other than a POTW, TWTDS, and pesticide applicators (Subsection 105.06), EPA Form 1 equivalent and the following forms, if applicable:(7-1-24)

i.CAFO (Subsection 105.09) or CAAP (Subsection 105.10) facility, EPA Form 2B equivalent;

ii.Existing industrial facility, including manufacturing facilities, commercial facilities, mining activities, and silviculture activities (Subsection 105.07), EPA Form 2C equivalent;(7-1-24)

iii.New industrial facility that discharges process wastewater (Subsection 10 5.16), EPA Form 2D equivalent;(7-1-24)

iv.New or existing industrial facility that discharges only non-process wastewater (Subsection 105.08.a.), EPA Form 2E equivalent;(7-1-24)

v.New or existing facility with discharge composed entirely of storm water from industrial activity (Subsection 105.19), EPA Form 2F equivalent unless the applicant is exempted by 40 CFR 122.26(c)(1)(ii). If the applicant’s discharge is composed of storm water and non-storm water (Subsections 105.07, 105.08, and 105.16), EPA Forms 2C, 2D, or 2E equivalent are also required; or(7-1-24)

vi.Operating a sludge-only facility (Subsection 105.17), that currently does not have and is not applying for an IPDES permit for a direct discharge to a surface water body, EPA Form 2S equivalent;(7-1-24)

b.Applicant is a new or existing POTW or privately owned treatment works (Subsections 105.11 through 105.15):(7-1-24)

i.EPA Form 2A equivalent; and(7-1-24)

ii.EPA Form 2S equivalent, if applicable.(7-1-24)

05.Application Information for All Dischargers. In addition to the application information required for specific dischargers, the Department may require the following information to comply with Section 103 and to:

a.Determine compliance with the antidegradation policy and antidegradation implementation provisions in IDAPA 58.01.02.051 and 052, “Water Quality Standards”;(7-1-24)

b.Determine compliance with the mixing zone provisions in IDAPA 58.01.02.060, “Water Quality Standards”; or(7-1-24)

c.Authorize a compliance schedule under IDAPA 58.01.02.400, “Water Quality Standards.” (7-1-24)

06.Application Requirements for Dischargers Other than Treatment Works Treating Domestic Sewage (TWTDS), Publicly Owned Treatment Works (POTWs), and Pesticide Applicators. An applicant for an IPDES permit other than a POTW and TWTDS, must provide the following information to the Department, using the forms specified in Subsection 105.04:(7-1-24)

a.Applicant’s activity requiring an IPDES permit;(7-1-24)

b.Name, mailing address, e-mail address, and location of the facility for the submitted application;

c.Up to four (4) Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS) codes identifying the principal products or services provided by the facility;(7-1-24)

d.Operator’s name, mailing address, e-mail address, telephone number, ownership status, and status as federal, state, private, public, or other entity;(7-1-24)

e.Statement that the facility is not in Indian country, if applicable;(7-1-24)

f.List of permits or construction approvals received or applied for under:(7-1-24)

i.Hazardous waste management program under IDAPA 58.01.05, “Rules and Standards for

ii.Underground injection control (UIC) program under the Idaho Department of Water Resources UIC program at IDAPA 37.03.03, “Rules and Minimum Standards for the Construction and Use of Injection Wells”;

iii.IPDES program under IDAPA 58.01.25 “Idaho Pollutant Discharge Elimination System Rules”;

iv.Prevention of significant deterioration (PSD) program under IDAPA 58.01.01, “Rules for Control of Air Pollution in Idaho”;(7-1-24)

v.Nonattainment program under IDAPA 58.01.01, “Rules for Control of Air Pollution in Idaho”;

vi.National emission standards for hazardous pollutants (NESHAPS) preconstruction approval under IDAPA 58.01.01, “Rules for Control of Air Pollution in Idaho”;(7-1-24)

vii.Dredge or fill permits under the Clean Water Act section 404; or(7-1-24) viii.Other relevant environmental permits, programs or activities subject to state jurisdiction, approval, and permits, including IDAPA 58.01.17, “Recycled Water Rules”; and(7-1-24)

g.Topographic map, or other map if a topographic map is unavailable, extending one (1) mile beyond the property boundaries of the source, depicting the:(7-1-24)

i.Facility and each of its intake and discharge structures;(7-1-24)

ii.Location of the facility’s hazardous waste treatment, storage, or disposal areas;(7-1-24)

iii.Location of each well where fluids from the facility are injected underground; and(7-1-24)

iv.Location of wells, springs, other surface water bodies, and drinking water wells listed in public records or known by the applicant to exist in the map area; and(7-1-24)

h.Description of the nature of the business;(7-1-24)

i.Indicate whether the facility uses cooling water and the source of the cooling water; and(7-1-24)

j.Indicate whether the facility is requesting any variances in Subsection 310.01 if known at the time of application.(7-1-24)

07.Application Requirements for Existing Manufacturing, Commercial, Mining and Silviculture Dischargers.(7-1-24)

a.Except for a facility subject to the requirements in Subsection 105.08, an applicant for an IPDES permit for an existing discharge from a manufacturing, commercial, mining, or silviculture facility or activity must provide the following information to the Department, using the forms specified in Subsection 105.04:(7-1-24)

i.For each outfall:(7-1-24)

(1)Latitude and longitude to the nearest second (or equivalent) and the name of each receiving water;

(2)Identify each type of process, operation, or production area that contributes wastewater to the effluent from that outfall, including process wastewater, cooling water, and storm water runoff; processes, operations, or production areas may be described in general terms, such as dye-making reactor or distillation tower;(7-1-24)

(3)Average flow that each process contributes and a description of the wastewater treatment received, including the ultimate disposal of solid or fluid wastes other than by discharge;(7-1-24)

(4)For a privately owned treatment works, identify each user of the treatment works; and(7-1-24)

(5)Average flow of point sources composed of storm water. The average flow may be estimated, and the basis for the rainfall event with the method of estimation must be submitted;(7-1-24)

ii.Describe the frequency, duration, and flow rate of each occurrence for any discharge specified in Subsections 105.07.a.i.(2) through (5) that are intermittent or seasonal, except for storm water runoff, spillage, or leaks;(7-1-24)

iii.Reasonable measure of the applicant’s actual production reported in the units used in the ELG if the ELG under CWA Section 304 applies to the applicant and is expressed as production or another measure of operation. The reported measure must reflect the actual production of the facility as required by Subsection 303.02.b.;

iv.If the applicant is subject to present requirements or compliance schedules for construction, upgrading, or operation of waste treatment equipment, identify the abatement requirement, describe the abatement project, and list the required and projected final compliance dates;(7-1-24)

v.List the toxic pollutants the applicant currently uses or manufactures as an intermediate or final product or byproduct, except the Department may waive or modify this requirement;(7-1-24)

(1)If the applicant demonstrates an undue burden to identify each toxic pollutant; and(7-1-24)

(2)The Department has adequate information to issue the permit;(7-1-24)

vi.Identify biological toxicity tests the applicant knows or believes was made within the last three (3) years on the applicant’s discharges or on discharges to a receiving water in relation to a discharge; and(7-1-24)

vii.Identify each laboratory or firm and the analyses performed, if a contract laboratory or consulting firm performed the analyses required by Subsection 105.07.c. through m.(7-1-24)

b.Owner or operator of a facility must submit, with an application, a line drawing of the water flow through the facility with a water balance, showing operations contributing wastewater to the effluent and treatment units.(7-1-24)

i.In the line drawing, similar processes, operations, or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification under Subsections 105.07.a.i(2) through (5).(7-1-24)

ii.Water balance must show approximate average flows at intake and discharge points and between units, including treatment units.(7-1-24)

iii.If a water balance cannot be determined for certain activities, the applicant may provide a pictorial description of the nature and amount of sources of water and collection and treatment measures.(7-1-24)

c.In addition to the information listed in Subsections 105.07.a. through 105.07.b., and except for information on storm water discharges required by 40 CFR 122.26, an applicant for an IPDES permit for an existing facility described in Subsection 105.07.a. must:(7-1-24)

i.Collect, prepare, and submit information on the effluent characteristics and discharge of pollutants specified in this section; and(7-1-24)

ii.When quantitative data for a pollutant are required, collect a sample of effluent and analyze it for the pollutant following the analytical methods approved in 40 CFR Part 136, except when no analytical method is approved, the applicant may use and must describe a suitable method.(7-1-24)

d.An applicant under this subsection must:(7-1-24)

i.Use grab samples to provide information on cyanide, total phenols, residual chlorine, oil and grease, fecal coliform (including E. coli), enterococci (previously known as fecal streptococcus), and volatile organics; temperature, pH, and dissolved oxygen. Residual chlorine effluent data may be obtained from grab samples or from calibrated and properly maintained continuous monitors;(7-1-24)

ii.Fo r all other pollutants, use twenty-four (24) hour composite samples, unless specified otherwise at 40 CFR Part 136, with at least four (4) grab samples, except at least one (1) grab sample may be taken for effluents from holding ponds or other impoundments with a retention period greater than twenty-four (24) hours;(7-1-24)

e.For Subsection 105.07.c., exceptions to testing and data provision requirements for effluent characteristics include:(7-1-24)

i.When an applicant has two (2) or more outfalls with substantially identical effluents, the Department may allow the applicant to test only one (1) outfall and the quantitative data reported will also apply to the substantially identical outfall; and(7-1-24)

ii.An applicant’s duty under Subsections 105.07.j., k., and l. to provide quantitative data for certain pollutants known or believed to be present does not apply to pollutants present in a discharge solely resulting from their presence in intake water; however, an applicant must report those pollutants are present.(7-1-24)

f.For storm water discharges, associated with an existing facility described in Subsection 105.07.a., from storm events that yield more than one-tenth (0.1) inch of rainfall:(7-1-24)

i.Samples must be collected from the discharge resulting from a storm event and at least seventy-two (72) hours after the previously measurable storm event exceeding one-tenth (0.1) inch rainfall. Where feasible, the variance in the duration of the event and the total rainfall of the event should not exceed fifty percent (50%) from the average or median rainfall event in that area; and(7-1-24)

ii.For all applicants, a flow-weighted composite sample must be taken for either the entire discharge or for the first three (3) hours of the discharge, except for:(7-1-24)

(1)Sampling may be conducted with a continuous sampler or a combination of at least three (3) sample aliquots taken in each hour of discharge for the entire discharge or for the first three (3) hours of the discharge, with each aliquot separated by at least fifteen (15) minutes. If the Department approves, an applicant for a storm water discharge permit under Subsection 105.18 may collect flow-weighted composite samples using different protocols with respect to the time duration between the collection of sample aliquots;(7-1-24)

(2)A minimum of one (1) grab sample may be taken for storm water discharges from holding ponds or other impoundments with a retention period greater than twenty-four (24) hours; or(7-1-24)

(3)For a flow-weighted composite sample, only one (1) analysis of the composite of aliquots is required;(7-1-24)

iii.For samples taken from discharges associated with industrial activities, quantitative data must be reported for the grab sample taken during the first thirty (30) minutes, or as soon after as practicable, of the discharge for pollutants specified in Subsection 105.19 except for all storm water permit applicants taking flow-weighted composites, quantitative data must be reported for pollutants specified in 40 CFR 122.26(a) through (b) and (e) through (g), Subsections 105.18 and 105.19, but not for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform (including E. coli), and enterococci (previously known as fecal streptococcus);(7-1-24)

iv.The Department may, on a case-by-case basis, allow or establish appropriate site-specific sampling procedures or requirements, including:(7-1-24)

(1)Sampling locations;(7-1-24)

(2)Season in which the sampling takes place;(7-1-24)

(3)Minimum duration between the previous measurable storm event and the sampled storm event;

(4)Minimum or maximum level of precipitation required for an appropriate storm event;(7-1-24)

(5)Form of precipitation sampled, whether snow melt or rain fall;(7-1-24)

(6)Protocols for collecting samples under 40 CFR Part 136; and(7-1-24)

(7)Additional time for submitting data; and(7-1-24)

v.An applicant knows or believes a pollutant is present in an effluent if an evaluation of the expected use, production, or storage of the pollutant, or previous analyses for the pollutant, shows the pollutant’s presence.

g.Unless a reporting requirement is waived under Subsection 105.07.h., applicants subject to this subsection must report quantitative data for the following pollutants for every outfall:(7-1-24) i.5-day biochemical oxygen demand (BOD5);(7-1-24)

ii.Chemical oxygen demand (COD);(7-1-24)

iii.Total organic carbon (TOC);(7-1-24)

iv.Total suspended solids (TSS);(7-1-24)

v.Ammonia, as N;(7-1-24)

vi.Temperature (both winter and summer); and(7-1-24) vii.pH.(7-1-24)

h.The Department may waive the reporting requirements under Subsection 105.07.g. for individual point sources or for a particular industry category for one (1) or more of the pollutants listed in Subsection 105.07.g. if the applicant demonstrates that information adequate to support issuing a permit can be obtained with less stringent requirements.(7-1-24)

i.Except as provided in Subsection 105.07.o., an applicant with an existing facility described in Subsection 105.07.a. that has processes that qualify in one (1) or more of the primary industry categories shown in Appendix A to 40 CFR Part 122 contributing to a discharge, must report quantitative data for pollutants in each outfall containing process wastewater as follows:(7-1-24)

i.Data for the organic toxic pollutants listed in Table II of Appendix D to 40 CFR Part 122 in the fractions designated in Table I of Appendix D to 40 CFR Part 122. In this subsection:(7-1-24)

(1)Table II of Appendix D to 40 CFR Part 122, lists the organic toxic pollutants in each fraction that result from the sample preparation required by the analytical procedure using gas chromatography/mass spectrometry; and(7-1-24)

(2)If the Department determines an applicant falls within an industrial category for selecting fractions for testing, the determination does not establish the applicant’s category for another purpose (Notes 2 and 3 to 40 CFR 122.21); and(7-1-24)

ii.Data for the toxic metals, cyanide, and total phenols listed in Table III of Appendix D to 40 CFR Part 122.(7-1-24)

j.An applicant must disclose whether he knows or believes that any of the conventional and nonconventional pollutants in Table IV of Appendix D to 40 CFR Part 122 are discharged from each outfall. If an ELG limits the pollutant either directly or indirectly by express limits on an indicator, the applicant must report quantitative data. For every pollutant discharged that is not limited in an ELG, the applicant must either report quantitative data or briefly describe the reasons the pollutant is expected to be discharged.(7-1-24)

k.An applicant must disclose whether he knows or believes that any of the organic toxic pollutants listed in Table II or the toxic metals, cyanide, or total phenols listed in Table III of Appendix D to 40 CFR Part 122 for which quantitative data are not otherwise required under Subsection 105.07.i., are discharged from each outfall.

Unless qualified as a small business under Subsection 105.07.o., the applicant must:(7-1-24)

i.Report quantitative data for every pollutant expected to be discharged in concentrations of ten (10) parts per billion or greater;(7-1-24)

ii.Report quantitative data for acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4, 6 dinitrophenol, if any of these four (4) pollutants are expected to be discharged in concentrations of one hundred (100) parts per billion or greater; and(7-1-24)

iii.For every pollutant expected to be discharged in concentrations less than ten (10) parts per billion, or for acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4, 6 dinitrophenol, in concentrations less than one hundred (100) parts per billion, either submit quantitative data, or describe the reasons the pollutant is expected to be discharged and submit supporting documentation.(7-1-24)

l.An applicant must disclose whether he knows or believes that asbestos or the hazardous substances listed in Table V of Appendix D to 40 CFR Part 122 are discharged from each outfall. For every pollutant expected to be discharged, the applicant must describe the reasons the pollutant is expected to be discharged and report quantitative data for any pollutant.(7-1-24)

m.An applicant must disclose and report qualitative data, generated using a screening procedure not calibrated with analytical standards, for 2,3,7, 8-tetrachlorodibenzo-p-dioxin (TCDD) if the applicant:(7-1-24)

i.Uses or manufactures:(7-1-24)

(1)2,4,5-trichlorophenoxy acetic acid (2,4,5,-T);(7-1-24)

(2)2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP);(7-1-24)

(3)2-(2,4,5-trichlorophenoxy) ethyl, 2,2-dichloropropionate (Erbon);(7-1-24)

(4)o,o-dimethyl o-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel);(7-1-24)

(5)2,4,5-trichlorophenol (TCP); or(7-1-24)

(6)Hexachlorophene (HCP); or(7-1-24)

ii.Knows or believes that TCDD is or may be present in an effluent.(7-1-24)

n.Where quantitative data are required in Subsections 105.07.c. through m., existing data may be used, if available, in lieu of sampling done solely for the application, provided all:(7-1-24)

i.Data requirements are met; sampling was performed, collected, and analyzed no more than four and one-half (4 ½) years before submission;(7-1-24)

ii.Data represent the discharge; and(7-1-24)

iii.Available representative data are considered in the values reported.(7-1-24)

o.An applicant is exempt from the quantitative data requirements in Subsections 105.07.i. or 105.07.j. for the organic toxic pollutants listed in Table II of Appendix D to 40 CFR Part 122, if he qualifies as a small business under one (1) of the following criteria:(7-1-24)

i.Coal mine with an expected total annual production of less than one hundred thousand (100,000) tons per year; or(7-1-24)

ii.Gross total annual sales average less than two hundred eighty-seven thousand, three hundred dollars ($287,300) per year in 2014 dollars.(7-1-24)

p.In addition to the information reported on the application, an applicant must provide at the Department’s request, other information required to assess the discharges of the facility and to determine whether to issue an IPDES permit. This information may include quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and to determine the cause of the toxicity.(7-1-24)

08.Application Requirements for New or Existing Manufacturing, Commercial, Mining, and Silviculture Facilities that Discharge only Non-process Wastewater.(7-1-24)

a.An applicant that is a manufacturing, commercial, mining, or silvicultural discharger that discharges only non-process wastewater not regulated by an ELG or new source performance standard must provide the following information to the Department for all discharges, except for storm water discharges, using the forms specified in Subsection 105.04:(7-1-24)

i.Number of each outfall, latitude and longitude to the nearest second (or equivalent), and name of each receiving water;(7-1-24)

ii.For a new discharger, the date of expected commencement of discharge;(7-1-24)

iii.Identify the general type of waste discharged, or expected to be discharged upon commencement of operations, including sanitary wastes, restaurant or cafeteria wastes, or non-contact cooling water;(7-1-24)

iv.Identify cooling water additives that are used or expected to be used upon commencement of operations, with their composition if existing composition is available;(7-1-24)

v.Effluent characteristics prepared and submitted as described in Subsections 105.08.b. and 105.08.c.;(7-1-24)

vi.Describe the frequency of flow and duration of seasonal or intermittent discharge, except for storm water runoff, leaks, or spills;(7-1-24)

vii.Describe the treatment system used or to be used;(7-1-24) viii.Additional information the applicant wants considered, such as influent data for obtaining net credits under Subsection 303.07; and(7-1-24)

ix.Signature of the certifying official under Section 090.(7-1-24)

b.Except as otherwise provided in Subsections 105.08.d. through g., an application for a discharger described in Subsection 105.08.a. must include quantitative data for:(7-1-24) i.5-day biochemical oxygen demand (BOD5);(7-1-24)

ii.Total suspended solids (TSS);(7-1-24)

iii.Fecal coliform (including E. coli), if believed present or if sanitary waste is or will be discharged;

iv.Total residual chlorine (TRC), if chlorine is used;(7-1-24)

v.Oil and grease;(7-1-24)

vi.Chemical oxygen demand (COD), if non-contact cooling water is or will be discharged;(7-1-24)

vii.Total organic carbon (TOC), if non-contact cooling water is or will be discharged;(7-1-24) viii.Ammonia, as N;(7-1-24)

ix.Discharge flow;(7-1-24) x.pH; and(7-1-24)

xi.Temperature, both in winter and summer.(7-1-24)

c.Data required under Subsection 105.08.b.:(7-1-24)

i.Grab samples must be used for oil and grease, fecal coliform (including E. coli), and volatile organics. Temperature, pH, and TRC effluent data may be obtained from grab samples or from calibrated and properly maintained continuous monitors;(7-1-24)

ii.Twenty-four (24) hour composite samples must be used for pollutants listed in Subsection 105.08.b., other than those specified in Subsection 105.08.c.i., unless specified otherwise in 40 CFR Part 136.

Twenty-four (24) hour composite samples must comprise at least four (4) grab samples unless specified otherwise in 40 CFR Part 136. For a composite sample, only one (1) analysis of the composite aliquots is required;(7-1-24)

iii.The quantitative data may be collected over the past three hundred sixty-five (365) days, if the data represents current operations, and must include maximum daily value, average daily value, and number of measurements taken; and(7-1-24)

iv.The applicant must collect and analyze samples in accordance with 40 CFR Part 136.(7-1-24)

d.The Department may waive the testing and reporting requirements for the pollutants or flow listed in Subsection 105.08.c. if the applicant requests a waiver before or with its application, and demonstrates that information adequate to support permit issuance can be obtained through less stringent requirements.(7-1-24)

e.If the applicant is a new discharger, the applicant must:(7-1-24)

i.Complete and submit Item IV of EPA Form 2E equivalent, in accordance with Subsection 105.04.a.iv., by providing quantitative data that complies with the section no later than two (2) years after the discharge commences, except the applicant does not need to complete the portions of Item IV requiring tests already performed and reported under the discharge monitoring requirements of the IPDES or NPDES permit; and (7-1-24)

ii.Include estimates and the source of each estimate instead of sampling data for the pollutants or parameters listed in Subsection 105.08.b.;(7-1-24)

f.For the required data, pollutant levels must be reported or estimated as concentration and as total mass, except for flow, pH, and temperature. Submittal of estimated data must be accompanied by documents supporting the estimated value.(7-1-24)

g.An applicant’s duty, under Subsections 105.08.b., c., and e., to provide quantitative data or estimates of certain pollutants does not apply to pollutants present in a discharge solely resulting from their presence in intake water. An applicant must report the presence of those pollutants. If the requirements of Subsection 303.07 are met, net credit may be provided for the presence of pollutants in intake water.(7-1-24)

09.Application Requirements for New and Existing Concentrated Animal Feeding Operations (CAFO). An applicant for an IPDES permit for a new or existing CAFO, as defined in 40 CFR 122.23(b) must provide the following information to the Department, using the forms specified in Subsection 105.04:(7-1-24)

a.Name of the owner and operator;(7-1-24)

b.Facilit y location and mailing addresses;(7-1-24)

c.Latitude and longitude of the production area to the nearest second (or equivalent), measured at the entrance to the production area;(7-1-24)

d.Topographic map of the geographic area where the CAFO is located, showing the specific location of the production area;(7-1-24)

e.Specific information about the number and type of animals, including, if applicable: beef cattle, broilers, layers, swine weighing fifty-five (55) pounds or more, swine weighing less than fifty-five (55) pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses, ducks, turkeys, or other animals, whether in open confinement or housed under roof;(7-1-24)

f.Type of containment and total capacity in tons or gallons of any anaerobic lagoon, roofed storage shed, storage pond, under-floor pit, above-ground storage tank, below-ground storage tank, concrete pad, impervious soil pad, or other structure or area used for containment and storage of manure, litter, and process wastewater;

g.Total number of acres available and under the applicant’s control for land application of manure, litter, or process wastewater;(7-1-24)

h.Estimated amounts of manure, litter, and process wastewater generated per year in tons or gallons;

i.Estimated amounts of manure, litter, and process wastewater transferred to other persons per year in tons or gallons; and(7-1-24)

j.A completed nutrient management plan that will be implemented upon the date of permit coverage.

A nutrient management plan must meet, at a minimum, the requirements specified in 40 CFR 122.42, including all CAFOs subject to 40 CFR 412.30 through 412.37, 412.40 through 412.47, or the requirements of 40 CFR 412.4(c).

10.Application Requirements for New and Existing Concentrated Aquatic Animal Production (CAAP) Facilities. An applicant for an IPDES permit for a new or existing CAAP facility must provide the following information, using the forms specified in Subsection 105.04:(7-1-24)

a.Maximum daily and average monthly flow from each outfall;(7-1-24)

b.Number of ponds, raceways, and similar structures;(7-1-24)

c.Name of the receiving water and the source of intake water;(7-1-24)

d.Total yearly and maximum harvestable weight for each species of aquatic animal,; and(7-1-24)

e.Calendar month of maximum feeding and the total mass of food fed during that month.(7-1-24)

11.Application Requirements for New and Existing POTWs and Other Dischargers Designated by the Department.(7-1-24)

a.Except as provided in Subsection 105.11.b., an applicant that is a POTW and any other discharger designated by the Department must provide the information in this subsection, using the forms specified in Subsection 105.04.b. An applicant must submit all information available at the time of application and may reference information previo usly submitted to the Department.(7-1-24)

b.The Department may waive a requirement of this subsection if it has access to substantially identical information or if that information is not of material concern for a specific permit, if approved by the EPA Regional Administrator. The waiver request to the Regional Administrator must include the Department’s justification for the waiver. A Regional Administrator's disapproval of the Department’s proposed waiver does not constitute final agency action, but does provide notice to the state and permit applicant(s) that EPA may object to a state-issued permit issued in the absence of the required information.(7-1-24)

c.An applicant under this subsection must provide:(7-1-24)

i.Name, mailing address, and location of the facility;(7-1-24)

ii.Name, mailing address, e-mail address, and telephone number of the applicant, and whether the applicant is the facility's owner, operator, or both;(7-1-24)

iii.List of environmental permits or construction approvals received or applied for, including dates, under:(7-1-24)

(1)Hazardous waste management program under IDAPA 58.01.05, “Rules and Standards for (2)Underground injection control (UIC) program under the Idaho Department of Water Resources UIC program at IDAPA 37.03.03, “Rules and Minimum Standards for the Construction and Use of Injection Wells”;

(3)IPDES program under IDAPA 58.01.25, “Idaho Pollutant Discharge Elimination System Rules”;

(4)Prevention of significant deterioration (PSD) program under IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho”;(7-1-24)

(5)Nonattainment program under IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho”;

(6)National emission standards for hazardous pollutants (NESHAPS) preconstruction approval under IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho”;(7-1-24)

(7)Dredge or fill permits under CWA Section 404;(7-1-24)

(8)Sludge Management Program under IDAPA 58.01.16.650, “Wastewater Rules,” and Section 380 of these rules; and(7-1-24)

(9)Other relevant environmental permits, programs, or activities, including those subject to state jurisdiction, approval, and permits;(7-1-24)

iv.Name, population, and EDUs of each municipal entity served by the facility, including unincorporated connector districts, whether each municipal entity owns or maintains the collection system and, if the information is available, whether the collection system is a separate sanitary sewer or a combined storm and sanitary sewer;(7-1-24)

v.Statement whether the facility is in Indian country and whether the facility discharges to a receiving stream that flows through Indian country;(7-1-24)

vi.Facility’s design flow rate, or the wastewater flow rate the plant was built to handle, annual average daily flow rate, and maximum daily flow rate for each of the previous three (3) years;(7-1-24)

vii.Statement identifying the types of collection systems, either separate sanitary sewers or combined storm and sanitary sewers, used by the treatment works, and an estimate of the percent of sewer line each type comprises;(7-1-24) viii.Information for outfalls to waters of the United States and other discharge or disposal methods:

(1)For effluent discharges to waters of the United States, the total number and types of outfalls including treated effluent, combined sewer overflows, bypasses, constructed emergency overflows;(7-1-24)

(2)For wastewater discharged to surface impoundments, the location of each surface impoundment, the average daily volume discharged to each surface impoundment, and whether the discharge is continuous or intermittent;(7-1-24)

(3)For wastewater applied to the land, the location of each application site, the size in acres of each application site, the average daily volume in gallons per day applied to each application site, and whether the application is continuous or intermittent;(7-1-24)

(4)For effluent sent to another facility for treatment before discharge, the method the effluent is transported; name, mailing address, e-mail address, contact person, and phone number of the organization transporting the discharge, if the transport is provided by a party other than the applicant; name, mailing address, email address, contact person, phone number, and IPDES or NPDES permit number, if any, of the receiving facility; and average daily flow rate from this facility into the receiving facility in million gallons per day (MGD); and (5)For wastewater disposed of in a manner not included in Subsections 105.11.c.viii(1) through (4), including underground percolation and underground injection, a description of the disposal method, the location and size of each disposal site, if applicable, the annual average daily volume in gallons per day disposed of by this method, and whether disposal by this method is continuous or intermittent; and(7-1-24)

ix.Name, mailing address, e-mail address, telephone number, and responsibilities of contractors responsible for operating or maintaining the POTW facility.(7-1-24)

x.Indicate whether applicant is operating under or requesting to operate under a variance as specified in Subsection 310.02 if known at the time of application.(7-1-24)

d.In addition to the information described in Subsection 105.11.c., an applicant with a design flow greater than or equal to zero point one (0.1) million gallons per day (MGD) must provide:(7-1-24)

i.Current average daily volume in gallons per day of inflow and infiltration, and describe steps the facility is taking to minimize inflow and infiltration;(7-1-24)

ii.Topographic map, or other map if a topographic map is unavailable, extending at least one (1) mile beyond property boundaries of the treatment plant including unit processes, and showing:(7-1-24)

(1)Treatment plant area and unit processes;(7-1-24)

(2)Major pipes or other structures through which wastewater enters the treatment plant and the pipes or other structures through which treated wastewater is discharged from the treatment plant, including outfalls from bypass piping, if applicable;(7-1-24)

(3)Each well where fluids from the treatment plant are injected underground;(7-1-24)

(4)Wells, springs, and other surface water bodies listed in public records or known to the applicant within one-quarter (1/4) mile of the property boundaries of the treatment works;(7-1-24)

(5)Sewage sludge management facilities including on-site treatment, storage, and disposal sites; and (6)Each location at which waste classified as hazardous under IDAPA 58.01.05, “Rules and Standards for Hazardous Waste,” enters the treatment plant by truck, rail, or dedicated pipe;(7-1-24)

iii.Process flow diagram or schema tic as follows:(7-1-24)

(1)Diagram showing the processes of the treatment plant, including bypass piping and backup power sources or redundancy in the system, a water balance showing treatment units and disinfection, and daily average flow rates at influent and discharge points and approximate daily flow rates between treatment units; and(7-1-24)

(2)Narrative description of the diagram; and(7-1-24)

iv.Information regarding scheduled improvements:(7-1-24)

(1)Outfall number of each affected outfall;(7-1-24)

(2)Narrative description of each required improvement;(7-1-24)

(3)Scheduled dates for commencing and completing construction, commencing discharge and attaining operational level, and actual completion date for events listed; and(7-1-24)

(4)Description of permits and authorizations for other federal and state requirements.(7-1-24)

e.An applicant must provide the following information for each outfall, including bypass points, through which effluent is discharged, as applicable:(7-1-24)

i.For each outfall:(7-1-24)

(1)Outfall number;(7-1-24)

(2)County, and city or town in which the outfall is located;(7-1-24)

(3)Latitude and longitude, to the nearest second;(7-1-24)

(4)Distance from shore and depth below surface;(7-1-24)

(5)Average daily flow rate, in million gallons per day (MGD);(7-1-24)

(6)If the outfall has a seasonal or periodic discharge, the number of times per year the discharge occurs, duration of each discharge, flow of each discharge, and months when discharge occurs; and(7-1-24)

(7)Statement whether the outfall is equipped with a diffuser and the type of diffuser used, such as high-rate;(7-1-24)

ii.For each outfall discharging effluent to waters of the United States, the following receiving water information, if available:(7-1-24)

(1)Name of each receiving water;(7-1-24)

(2)Critical flow of each receiving water; and(7-1-24)

(3)Total hardness of the receiving water at critical low flow; and(7-1-24)

iii.For each outfall discharging to waters of the United States, the following information describing the treatment of the discharges:(7-1-24)

(1)Highest level of treatment, including primary, equivalent to secondary, secondary, advanced, or other treatment level provided for:(7-1-24)

(a)Design biochemical oxygen demand removal percentage;(7-1-24)

(b)Design suspended solids removal percentage;(7-1-24)

(c)Design phosphorus removal percentage;(7-1-24)

(d)Design nitrogen removal percentage; and(7-1-24)

(e)Other removals that an advanced treatment system is designed to achieve; and(7-1-24)

(2)Type of disinfection used, and whether the treatment plant de-chlorinates, if disinfection is accomplished through chlorination.(7-1-24)

f.In addition to Subsection 105.11.a., and except as provided in Subsection 105.11.h., an applicant must undertake sampling and analysis and submit effluent monitoring information for samples taken from each outfall where effluent is discharged to waters of the United States, except for combined sewer overflows, including:

i.Pollutants listed in Appendix J, Table 1A to 40 CFR Part 122;(7-1-24)

ii.For an applicant with a design flow greater than or equal to zero point one (0.1) million gallons per day (MGD), pollutants listed in Appendix J, Table 1 to 40 CFR Part 122, except a facility that does not use chlorine for disinfection, does not use chlorine elsewhere in the treatment process, and has no reasonable potential to discharge chlorine in the facility’s effluent, is not required to sample or analyze chlorine;(7-1-24)

iii.Pollutants listed in Appendix J, Table 2 to 40 CFR Part 122 and other pollutants the state or EPA has established water quality standards for the receiving waters if the facility is a POTW:(7-1-24)

(1)With a design flow rate equal to or greater than one (1) million gallons per day (MGD);(7-1-24)

(2)With an approved pretreatment program;(7-1-24)

(3)Required to develop a pretreatment program; or(7-1-24)

(4)The Department re compliance with these rules;(7-1-24)

iv.Sampling and analysis for additional pollutants, as the Department may require, on a case-by-case basis;(7-1-24)

v.Data from at least three (3) samples taken within four and one-half (4 ½) years before the date of the permit application; to meet this requirement:(7-1-24)

(1)Samples must represent the seasonal variation in the discharge from each outfall;(7-1-24)

(2)Existing data may be used, if available, in lieu of sampling done solely for this application; and (3)Additional samples may be required by the Department on a case-by-case basis; and(7-1-24)

vi.Existing data for pollutants specified in Subsections 105.11.f.i. through iv. collected within four and one-half (4 ½) years of the application. This data must be included in the pollutant data summary submitted by the applicant, except if the applicant samples for a specific pollutant on a monthly or more frequent basis, only the data collected for that pollutant within one (1) year of the application must be provided.(7-1-24)

g.To meet the information requirements of Subsection 105.11.f., an applicant must:(7-1-24)

i.Collect samples of effluent and analyze the samples for pollutants following the analytical methods approved under 40 CFR Part 136 unless an alternative is specified in the existing IPDES or NPDES permit; (7-1-24)

ii.Use the following methods:(7-1-24)

(1)Grab samples for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform (including E. coli), and volatile organics. Temperature, pH, dissolved oxygen, and residual chlorine data may be obtained from grab samples or from calibrated and properly maintained continuous monitors;(7-1-24)

(2)Twenty-four (24) hour composite samples for other pollutants, unless specified otherwise at 40 CFR Part 136, using at least four (4) grab samples; for a composite sample, only one (1) analysis of the composite of aliquots is required; and(7-1-24)

iii.Provide at least the following information for each parameter:(7-1-24)

(1)Maximum daily discharge, expressed as concentration or mass, based upon actual sample values;

(2)Average daily discharge for all samples, expressed as concentration or mass, and the number of samples used to obtain this value;(7-1-24)

(3)Analytical method used; and(7-1-24)

(4)Threshold level, such as the method detection limit, minimum level, or other designated method endpoint for the analytical method used; and(7-1-24)

iv.Report metals as total recoverable, unless the Department requires otherwise.(7-1-24)

h.When an applicant has two (2) or more outfalls with substantially identical effluent discharging to the same receiving water segment, the Department may, on a case-by-case basis, allow the applicant to submit sampling data for only one (1) outfall. The Department may also allow an applicant to composite samples from one (1) or more outfalls that discharge into the same mixing zone, under IDAPA 58.01.02, “Water Quality Standards.” For POTWs applying before commencing discharge, data must be submitted no later than twenty-four (24) months after discharge commences.(7-1-24)

12.Whole Effluent Toxicity (WET) Monitoring for POTWs.(7-1-24)

a.An applicant for a permit under Subsection 105.11 must submit information on effluent monitoring for WET by identifying WET tests conducted during the four and one-half (4 ½) years before the application date on the discharges or on receiving water near the discharge. For POTWs applying before discharge commences, data must be submitted no later than twenty-four (24) months after discharge commences.(7-1-24)

b.An applicant under Subsection 105.11 must submit to the Department, in compliance with Subsections 105.12.c. through f., the results of valid WET tests for acute or chronic toxicity for samples taken from each outfall where effluent is discharged to surface waters, except for combined sewer overflows, if the applicant:

i.Has a design flow rate greater than or equal to one (1) million gallons per day (MGD);(7-1-24)

ii.Has an approved pretreatment program or is required to develop a pretreatment program; or

iii.Is required to comply with this subsection by the Department, based on consideration of: (7-1-24)

(1)Variability of the pollutants or pollutant parameters in the POTW effluent based on chemicalspecific information, type of treatment plant, and types of industrial contributors;(7-1-24)

(2)Ratio of effluent flow to receiving stream flow;(7-1-24)

(3)Existing controls on point or non-point sources, including total maximum daily load (TMDL) calculations for the receiving stream segment and the relative contribution of the POTW;(7-1-24)

(4)Receiving water characteristics, including possible or known water quality impairment, and whether the POTW discharges to a water designated as an outstanding natural resource water; or(7-1-24)

(5)Other considerations, including the history of toxic impacts and compliance problems at the POTW that the Department determines may cause or contribute to adverse water quality impacts.(7-1-24)

c.When an applicant under Subsection 105.11 has two (2) or more outfalls with substantially identical effluent discharging to the same receiving water segment, the Department may, on a case-by-case basis, allow the applicant to submit WET data for only one (1) outfall. The Department may also allow an applicant to composite samples from one (1) or more outfalls that discharge into the same mixing zone.(7-1-24)

d.An applicant under Subsection 105.12.b. that is required to perform WET testing must provide:

i.Results of at least four (4) quarterly tests for a year, from the year preceding the permit application or results from four (4) tests performed at least annually in the four and one-half (4 ½) year period before the application, if the results show no appreciable toxicity using a safety factor determined by the Department; (7-1-24)

ii.Number of chronic or acute WET tests conducted since the last permit reissuance;(7-1-24)

iii.Results using the form provided by the Department, or test summaries, if available and comprehensive, for each WET test conducted if the information has not been reported previously to the Department.

iv.For WET data submitted to the Department within four and one-half (4 ½) years before the date of the application, the dates on which the data were submitted and a summary of the results; and(7-1-24)

v.Information on the cause of toxicity and written details of any toxicity reduction evaluation conducted, if WET tests conducted within the past four and one-half (4 ½) years revealed toxicity.(7-1-24)

e.An applicant under Subsection 105.11 must conduct tests with no less than two (2) species, including fish, invertebrate, or plant, and test for acute or chronic toxicity, depending on the range of receiving water dilution. Unless the Department directs otherwise, an applicant must conduct acute or chronic testing based on:

i.Acute toxicity testing if the dilution of the effluent is greater than a ratio of one thousand to one (1,000:1) at the edge of the mixing zone;(7-1-24)

ii.Acute or chronic toxicity testing, if the dilution of the effluent is between a ratio of one hundred to one (100:1) and one thousand to one (1,000:1) at the edge of the mixing zone; acute testing may be more appropriate at the higher end of this range (one thousand to one [1,000:1]), and chronic testing may be more appropriate at the lower end of this range (one hundred to one (100:1)); or(7-1-24)

iii.Chronic testing if the dilution of the effluent is less than a ratio of one hundred to one (100:1) at the edge of the mixing zone.(7-1-24)

f.For the WET testing required by this section, an applicant must conduct testing using methods approved under 40 CFR Part 136.(7-1-24)

13.Application Requirements for POTWs Receiving Industrial Discharges.(7-1-24)

a.An applicant for an IPDES permit as a POTW under Subsection 105.11 must state in its application the number of significant industrial users (SIU) and non-significant categorical industrial users (NSCIU), as defined at 40 CFR 403.3(v), including SIUs and NSCIUs that truck or haul waste, discharging to the POTW. A POTW with one (1) or more SIUs must provide the following information for each SIU that discharges to the POTW:(7-1-24)

i.Name and mailing address of the SIU;(7-1-24)

ii.Description of all industrial processes that affect or contribute to the SIU’s discharge;(7-1-24)

iii.Principal products and raw materials of each SIU that affects or contributes to that SIU’s discharge;

iv.Average daily volume of wastewater discharged by the SIU, indicating the amount attributable to process flow and non-process flow;(7-1-24)

v.Whether the SIU is subject to local limits;(7-1-24)

vi.Whether the SIU is subject to one (1) or more categorical standards, and if so, under which category and subcategory; and(7-1-24)

vii.Whether problems at the POTW, including upsets, pass-through, or interference have been attributed to the SIU in the past four and one-half (4 ½) years.(7-1-24)

b.The Department may waive information required in Subsection 105.13.a. for a POTW with a pretreatment program if the applicant submitted either of the following that contains information substantially identical to the information required in Subsection 105.13.a.:(7-1-24)

i.Annual report submitted within one (1) year of the application; or(7-1-24)

ii.Pretreatment program.(7-1-24)

14.Application Requirements for POTWs Receiving Discharges from Hazardous Waste Generators and from Waste Cleanup or Remediation Sites.(7-1-24)

a.POTWs receiving hazardous or corrective action wastes or wastes generated at another type of cleanup or remediation site must provide:(7-1-24)

i.If a POTW receives, or has been notified that it will receive by truck, rail, or dedicated pipe, wastes regulated as hazardous wastes under 40 CFR Part 261 and IDAPA 58.01.05, “Rules and Standards for Hazardous Waste,” the applicant must report:(7-1-24)

(1)How waste is delivered, including by truck, rail, or dedicated pipe; and(7-1-24)

(2)Hazardous waste number designated in IDAPA 58.01.05, “Rules and Standards for Hazardous Waste” for the transported waste, and the amount received annually of each hazardous waste; and(7-1-24)

ii.If the POTW receives, or has been notified that it will receive, wastewater that originates from remedial activities, including those undertaken under Comprehensive Environmental Response, Compensation, and Liability Act, and the Resource Conservation and Recovery Act Sections 3004(u) or 3008(h), the applicant must report:(7-1-24)

(1)Identity and description of each site or facility at which the wastewater originates;(7-1-24)

(2)The identity of known hazardous constituents specified in IDAPA 58.01.05, “Rules and Standards for Hazardous Waste,” in the wastewater; and(7-1-24)

(3)Extent of treatment the wastewater receives or will receive before entering the POTW.(7-1-24)

b.An applicant is exempt from the requirements of Subsection 105.14.a.ii. if he receives no more than fifteen (15) kilograms per month of hazardous wastes, unless the wastes are acute hazardous wastes as specified in IDAPA 58.01.05, “Rules and Standards for Hazardous Waste.”(7-1-24)

15.Application Requirements for POTWs with Combined Sewer Systems and Overflows. A POTW applicant with a combined sewer system must provide the following information on the combined sewer system and outfalls:(7-1-24)

a.System map indicating the location of:(7-1-24)

i.Combined sewer overflow discharge points;(7-1-24)

ii.Sensitive use areas potentially affected by combined sewer overflows including beaches, drinking water supplies, shellfish beds, and sensitive aquatic ecosystems;(7-1-24)

iii.Outstanding national resource waters potentially affected by combined sewer overflows; and

iv.Waters supporting threatened and endangered species potentially affected by combined sewer overflows;(7-1-24)

b.System diagram of the combined sewer collection system including the locations of:(7-1-24)

i.Major sewer trunk lines, both combined and separate sanitary;(7-1-24)

ii.Points where separate sanitary sewers feed into the combined sewer system;(7-1-24)

iii.In-line and off-line storage structures;(7-1-24)

iv.Flow-regulating devices; and(7-1-24)

v.Pump stations;(7-1-24)

c.Information on each outfall for each combined sewer overflow discharge point covered by the permit application, including:(7-1-24)

i.Outfall number;(7-1-24)

ii.County and city or town where the outfall is located;(7-1-24)

iii.Latitude and longitude, to the nearest second (or equivalent); and(7-1-24)

iv.Distance from shore and depth below surface;(7-1-24)

d.Statement whether the applicant monitored the following in the past year for a combined sewer overflow:(7-1-24)

i.Rainfall;(7-1-24)

ii.Overflow volume;(7-1-24)

iii.Overflow pollutant concentrations;(7-1-24)

iv.Receiving water quality;(7-1-24)

v.Overflow frequency; and(7-1-24)

vi.Number of storm events monitored in the past year;(7-1-24)

e.Information about the number of combined sewer overflows from each outfall in the past year and, if available:(7-1-24)

i.Average duration per event;(7-1-24)

ii.Average volume for each event; and(7-1-24)

iii.Minimum rainfall that caused a combined sewer overflow event in the last year;(7-1-24)

f.Name of each receiving water;(7-1-24)

g.Description of known water quality impact caused by the combined sewer overflow operations, including permanent or intermittent beach closings, permanent or intermittent shellfish bed closings, fish kills, fish advisories, other recreational loss, or the exceedance of state water quality standards, on the receiving water; and

h.Applicants must provide the name, mailing address, e-mail address, telephone number, and responsibilities of contractors responsible for operating or maintaining the facility.(7-1-24)

16.Application Requirements for New Sources and New Discharges.(7-1-24)

a.An applicant for an IPDES permit for a new manufacturing, commercial, mining, silviculture, or other discharge, except for a new discharge from a facility subject to the requirements of Subsection 105.08 or a new discharge of storm water associated with industrial activity subject to the requirements of Subsection 105.19, except as provided by Subsection 105.19.c., must provide the following information to the Department, using the forms specified in Subsection 105.04.b.:(7-1-24)

i.Latitude and longitude to the nearest second (or equivalent) of the expected outfall location and the name of each receiving water;(7-1-24)

ii.Expected date the discharge will commence;(7-1-24)

iii.Information on flows, sources of pollution, and treatment technologies:(7-1-24)

(1)Describe treatment the wastewater will receive, identify operations contributing wastewater to the effluent, state the average flow contributed by each operation, and describe the ultimate disposal of solid or liquid wastes not discharged;(7-1-24)

(2)Line drawing of the water flow through the facility with a water balance as described in Subsection 105.07.b.; and(7-1-24)

(3)If the expected discharges will be intermittent or seasonal, describe the frequency, duration, and maximum daily flow rate of each discharge occurrence, except for storm water runoff, spillage, or leaks;(7-1-24)

iv.If a new source performance standard promulgated under CWA Section 306 or an ELG applies to the applicant and is expressed by production or another measure of operation, a reasonable calculation of the applicant’s expected actual production reported in the units used in the ELG or new source performance standard, as required by Subsection 303.02.b., for each of the first three (3) years. The applicant may submit alternative estimates if production is likely to vary;(7-1-24)

v.Effluent characteristics as described in Subsection 105.16.b.;(7-1-24)

vi.Existence of technical evaluations concerning the applicant’s wastewater treatment, with the name and location of similar plants of which the applicant has knowledge;(7-1-24)

vii.Optional information the permittee wishes the Department to consider.(7-1-24)

b.Applicant must provide the following effluent characteristics information:(7-1-24)

i.Estimated daily maximum, daily average, and the source of that information for each outfall for:

(1)Five (5)-day biochemical oxygen demand (BOD5);(7-1-24)

(2)Chemical oxygen demand (COD);(7-1-24)

(3)Total organic carbon (TOC);(7-1-24)

(4)Total suspended solids (TSS);(7-1-24)

(5)Flow;(7-1-24)

(6)Ammonia, as N;(7-1-24)

(7)Temperature, in both winter and summer; and(7-1-24)

(8)pH.(7-1-24)

ii.Estimated daily maximum, daily average, and the source of that information for each outfall for all conventional and nonconventional pollutants in Table IV of Appendix D to 40 CFR Part 122, if the applicant knows or believes the pollutants will be present or if the pollutants are limited by an ELG or new source performance standard either directly or indirectly through limits on an indicator pollutant;(7-1-24)

iii.Estimated daily maximum, daily average, and the source of that information for the following pollutants for each outfall, if the applicant knows or believes the pollutants will be present in the discharge from an outfall:(7-1-24)

(1)Pollutants in Table IV of Appendix D to 40 CFR Part 122;(7-1-24)

(2)Toxic metals, total cyanide, and total phenols listed in Table III of Appendix D to 40 CFR Part 122;

(3)Organic toxic pollutants in Table II of Appendix D to 40 CFR Part 122 except bis (chloromethyl) ether, dichlorofluoromethane, and trichlorofluoromethane; however, this requirement is waived for:(7-1-24)

(a)Applicant with expected gross sales of less than two hundred eighty-seven thousand three hundred dollars ($287,300) per year in 2014 dollars for the next three (3) years (Subsection 105.07.o.ii.); or(7-1-24)

(b)Coal mine with expected average production of less than one hundred thousand (100,000) tons of coal per year (Subsection 105.07.o.i.);(7-1-24)

iv.The information that 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) may be discharged if the applicant uses or manufactures one (1) of the following compounds, or if the applicant knows or believes that TCDD will or may be present in an effluent:(7-1-24)

(1)2,4,5-trichlorophenoxy acetic acid (2,4,5-T); Chemical Abstract Service (CAS) #93-76-5; (7-1-24)

(2)2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP) (CAS #93-72-1);(7-1-24)

(3)2-(2,4,5-trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon) (CAS #136-25-4);(7-1-24)

(4)o,o-dimethyl o-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel) (CAS #299-84-3);(7-1-24)

(5)2,4,5-trichlorophenol (TCP) (CAS #95-95-4); or(7-1-24)

(6)Hexachlorophene (HCP) (CAS #70-30-4); and(7-1-24)

v.The potential presence of the pollutants listed in 40 CFR Part 122, Appendix D, Table V if the applicant believes these pollutants will be present in an outfall, except quantitative estimates are not required unless already available when the applicant applies for the permit.(7-1-24)

c.No later than twenty-four (24) months after commencing discharge from the proposed facility, the applicant must complete and submit Items V and VI of EPA application Form 2C equivalent. The applicant need not complete those portions of Item V or the Department equivalent requiring tests already performed and reported under the discharge monitoring requirements of its permit.(7-1-24)

d.The effluent characteristics requirements in Subsections 105.08.b., c., and e. that an applicant must provide estimates of certain pollutants expected to be present do not apply to pollutants present in a discharge based solely on their presence in intake water. An applicant must report that a pollutant is present. Net credits may be provided for the presence of pollutants in intake water if the requirements of Subsection 303.07 are met, and (except for discharge flow, temperature, and pH) all levels must be estimated as concentration and as total mass.(7-1-24)

e.The Department may waive the reporting requirements for any of the pollutants and parameters in Subsection 105.16.b. if the applicant requests a waiver with its application, or earlier, and demonstrates that information adequate to support issuing the permit can be obtained through less stringent reporting requirements.

17.Application Requirements for Treatment Works Treating Domestic Sewage (TWTDS).

TWTDS with a currently effective NPDES or IPDES permit must submit a permit application during the next IPDES permit renewal, using EPA Form 2S equivalent. New applicants must submit all information available at the time of permit application. The information may be provided by referencing information previously submitted to the

a.The Department may waive requirements of this subsection if there is access to substantially identical information. The Department may also waive requirements of this subsection that are not of material concern for a specific permit, if approved by the EPA Regional Administrator. The waiver request to the Regional Administrator must include the Department’s justification for the waiver. An EPA Regional Administrator's disapproval of the Department’s proposed waiver does not constitute final agency action but does notify the state and permit applicant that EPA may object to a state-issued permit in the absence of the required information.(7-1-24)

b.Applicants must submit:(7-1-24)

i.Name, mailing address, and location of the TWTDS where the application is submitted;(7-1-24)

ii.Name, mailing address, e-mail address, and telephone number of the applicant, indicating whether the applicant is the owner, operator, or both;(7-1-24)

iii.Whether the facility is a Class I Sludge Management Facility;(7-1-24)

iv.Design flow rate in million gallons per day (MGD);(7-1-24)

v.Total population and (EDUs) served; and(7-1-24)

vi.TWTDS status as federal, state, private, public, or other entity.(7-1-24)

c.Applicants must submit the facility's NPDES or IPDES permit number, if applicable, and a list of federal, state, and local permits or construction approvals received or applied for under:(7-1-24)

i.Hazardous waste management program under IDAPA 58.01.05, “Rules and Standards for

ii.Underground injection control (UIC) program under the Idaho Department of Water Resources UIC program at IDAPA 37.03.03, “Rules and Minimum Standards for the Construction and Use of Injection Wells”;

iii.IPDES program under IDAPA 58.01.25, “Idaho Pollutant Discharge Elimination System Rules”;

iv.Prevention of significant deterioration (PSD) program under IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho”;(7-1-24)

v.Nonattainment program under IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho”;

vi.National emission standards for hazardous pollutants (NESHAPS) preconstruction approval under IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho”;(7-1-24)

vii.Dredge or fill permits under CWA Section 404;(7-1-24) viii.Sludge Management Program under IDAPA 58.01.16.650, “Wastewater Rules,” and Section 380 of these rules; and(7-1-24)

ix.Other relevant environmental permits, programs, or activities, subject to state jurisdiction, approval, and permits.(7-1-24)

d.Applicants must identify the generation, treatment, storage, land application, or disposal of sewage sludge that occurs in Indian country.(7-1-24)

e.Applicants must submit a topographic map (or other map if a topographic map is unavailable) extending one (1) mile beyond property boundaries of the facility and showing:(7-1-24)

i.Sewage sludge management facilities, including on-site treatment, storage, and disposal sites; and

ii.Wells, springs, and other surface water bodies that are within one-quarter (¼) mile of the property boundaries and listed in public records or known to the applicant.(7-1-24)

f.Applicants must submit a line drawing and/or a narrative description identifying sewage sludge management practices employed during the term of the permit, including all units used for collecting, dewatering, storing, or treating sewage sludge, the destination of liquids and solids leaving each unit, and all processes used for pathogen reduction and vector attraction reduction.(7-1-24)

g.Applicant must submit sewage sludge monitoring data quantifying pollutants with limits in sewage sludge established in 40 CFR Part 503 for the applicant's use or disposal practices on the date of permit application.

i.The Department may require sampling for additional pollutants, as appropriate, on a case-by-case basis;(7-1-24)

ii.Applicants must provide data from at least three (3) samples taken within four and one-half (4 ½) years before the date of the permit application. Samples must represent the sewage sludge and be collected at least one (1) month apart. Existing data may be used in lieu of sampling done solely for this application;(7-1-24)

iii.Applicants must collect and analyze samples following analytical methods approved under SW-846 (Test Methods for Evaluating Solid Waste, Physical/Chemical Methods) unless an alternative was specified in an existing sewage sludge permit; and(7-1-24)

iv.Monitoring data provided must include at least the following information for each parameter:

(1)Average monthly concentration for all samples (mg/kg dry weight), based upon actual sample values;(7-1-24)

(2)Analytical method used; and(7-1-24)

(3)Method detection level.(7-1-24)

h.If the applicant is either the person who generates sewage sludge during the treatment of domestic sewage in a treatment works or the person who derives a material from sewage sludge, the following information must be provided:(7-1-24)

i.If the applicant's facility generates sewage sludge, the total dry metric tons per three hundred sixtyfive (365)-day period generated at the facility;(7-1-24)

ii.If the applicant's facility receives sewage sludge from another facility, the following information for each facility from which sewage sludge is received:(7-1-24)

(1)Name, mailing address, and location of the other facility;(7-1-24)

(2)Total dry metric tons per three hundred sixty-five (365)-day period received from the other facility;

(3)Description of treatment processes occurring at the other facility, including blending activities and treatment to reduce pathogens or vector attraction characteristics;(7-1-24)

iii.If the applicant's facility changes the quality of sewage sludge through blending, treatment, or other activities, the following information must be submitted:(7-1-24)

(1)Whether the Class A pathogen reduction requirements in 40 CFR 503.32(a) or the Class B pathogen reduction requirements in 40 CFR 503.32(b) are met, and a description of treatment processes used to reduce pathogens in sewage sludge;(7-1-24)

(2)Whether the vector attraction reduction options of 40 CFR 503.33(b)(1) through (b)(8) are met, and a description of treatment processes used to reduce vector attraction properties in sewage sludge; and(7-1-24)

(3)Description of blending, treatment, or other activities that change the quality of sewage sludge;

iv.If sewage sludge from the applicant's facility meets the ceiling concentrations in 40 CFR 503.13(b)(1), the pollutant concentrations in 40 CFR 503.13(b)(3), the Class A pathogen requirements in 40 CFR 503.32(a), and one (1) of the vector attraction reduction requirements in 40 CFR 503.33(b)(1) through (b)(8), and if the sewage sludge is applied to the land, the applicant must provide the total dry metric tons per three hundred sixtyfive (365)-day period of sewage sludge subject to this subsection that is applied to the land;(7-1-24)

v.If sewage sludge from the applicant's facility is sold or given away in a bag or other container for land application, and the sewage sludge is not subject to Subsection 105.17.h.iv., the applicant must provide:

(1)Total dry metric tons per three hundred sixty-five (365)-day period of sewage sludge subject to this subsection that is sold or given away in a bag or other container for land application; and(7-1-24)

(2)Copy of labels or notices that accompany the sewage sludge sold or given away; and(7-1-24)

vi.If sewage sludge from the applicant's facility is provided to another person who generates sewage sludge during the treatment of domestic sewage in a treatment works or a person who derives a material from sewage sludge, and the sewage sludge is not subject to Subsection 105.17.h.iv., the applicant must provide the following information for each facility receiving the sewage sludge:(7-1-24)

(1)Name, e-mail address, and mailing address of the receiving facility;(7-1-24)

(2)Total dry metric tons per three hundred sixty-five (365)-day period of sewage sludge subject to this subsection that the applicant provides to the receiving facility;(7-1-24)

(3)Description of treatment processes occurring at the receiving facility, including blending activities and treatment to reduce pathogens or vector attraction characteristic;(7-1-24)

(4)Copy of the notice and necessary information that the applicant is required to provide the receiving facility under 40 CFR 503.12(g); and(7-1-24)

(5)If the receiving facility places sewage sludge in bags or containers for sale or give-away to application to the land, a copy of any labels or notices that accompany the sewage sludge.(7-1-24)

i.If sewage sludge from the applicant's facility is applied to the land in bulk form, and is not subject to Subsection 105.17.h.iv., v., or vi., the applicant must provide:(7-1-24)

i.Total dry metric tons per three hundred sixty-five (365)-day period of sewage sludge subject to this subsection that is applied to the land;(7-1-24)

ii.If land application sites are in states other than the state where the sewage sludge is prepared, a description of how the applicant will notify the permitting authority for the state where the land application sites are located;(7-1-24)

iii.The following information for each land application site identified at the time of permit application:

(1)Name (if any), and location for the land application site;(7-1-24)

(2)Latitude and longitude to the nearest second (or equivalent), and method of determination;

(3)Topographic map (or another map if a topographic map is unavailable) showing the site's location;

(4)Name, mailing address, e-mail address, and telephone number of the site owner, if different from the applicant;(7-1-24)

(5)Name, mailing address, e-mail address, and telephone number of the person who applies sewage sludge to the site, if different from the applicant;(7-1-24)

(6)Whether the site is agricultural land, forest, a public contact site, or a reclamation site, as defined under 40 CFR 503.11;(7-1-24)

(7)Type of vegetation grown on the site, if known, and the nitrogen requirement for the vegetation;

(8)Whether the vector attraction reduction options of 40 CFR 503.33(b)(9) or (b)(10) are met at the site, and a description of procedures employed during use to reduce vector attraction properties in sewage sludge; and (9)Other information describing how the site will be managed, as specified by the permitting authority.(7-1-24)

iv.The following information for each land application site identified during permit application, if the applicant intends to apply bulk sewage sludge subject to the cumulative pollutant loading rates in 40 CFR 503.13(b)(2) to the site:(7-1-24)

(1)Whether the applicant contacted the permitting authority in the state where the bulk sewage sludge subject to 40 CFR 503.13(b)(2) will be applied, to ascertain whether bulk sewage sludge subject to 40 CFR 503.13(b)(2) has been applied to the site on or since July 20, 1993, and if so, the name of the permitting authority and the name, phone number, and e-mail address, if available, of a contact person at the permitting authority;(7-1-24)

(2)Identification of facilities other than the applicant's facility that have sent, or are sending, sewage sludge subject to the cumulative pollutant loading rates in 40 CFR 503.13(b)(2) to the site since July 20, 1993, if, based on the inquiry in Subsection 105.17.i.iv(1) bulk sewage sludge subject to cumulative pollutant loading rates in 40 CFR 503.13(b)(2) has been applied to the site since July 20, 1993;(7-1-24)

v.If all land application sites have not been identified during permit application, the applicant must submit a land application plan that, at a minimum:(7-1-24)

(1)Describes the geographical area covered by the plan;(7-1-24)

(2)Identifies the site selection criteria;(7-1-24)

(3)Describes how the site will be managed;(7-1-24)

(4)Provides for advance notice to the permit authority of specific land application sites and reasonable time for the permit authority to object before land applying the sewage sludge; and(7-1-24)

(5)Provides for advance public notice of land application sites in the manner prescribed by state and local law. When state or local law does not require advance public notice, it must be provided in a manner that informs the public of the planned land application.(7-1-24)

j.If sewage sludge from the applicant's facility is placed on a surface disposal site, the applicant must provide:(7-1-24)

i.Total dry metric tons of sewage sludge from the applicant’s facility that is placed on surface disposal sites per three hundred sixty-five (365)-day period;(7-1-24)

ii.The following information for each surface disposal site receiving sewage sludge from the applicant's facility that the applicant does not own or operate:(7-1-24)

(1)Site name or number, contact person, mailing address, e-mail address, and telephone number for the surface disposal site; and(7-1-24)

(2)Total dry metric tons from the applicant's facility per three hundred sixty-five (365)-day period placed on the surface disposal site;(7-1-24)

iii.The following information for each active sewage sludge unit at each surface disposal site that the applicant owns or operates:(7-1-24)

(1)Name or number and location of the active sewage sludge unit;(7-1-24)

(2)Latitude and longitude to the nearest second (or equivalent), and method of determination;

(3)If not already provided, a topographic map (or other map if a topographic map is unavailable) that shows the unit's location;(7-1-24)

(4)Total dry metric tons placed on the active sewage sludge unit per three hundred sixty-five (365)day period;(7-1-24)

(5)Total dry metric tons placed on the active sewage sludge unit over the life of the unit;(7-1-24)

(6)Description of the liner for the active sewage sludge unit, including whether it has a maximum permeability of 1 × 10 −7 cm/sec;(7-1-24)

(7)Description of a leachate collection system for the active sewage sludge unit, including the method used for leachate disposal, and federal, state, and local permit number(s) for leachate disposal;(7-1-24)

(8)If the active sewage sludge unit is less than one hundred fifty (150) meters from the property line of the surface disposal site, the actual distance from the unit boundary to the site property line;(7-1-24)

(9)Remaining capacity (dry metric tons) for the active sewage sludge unit;(7-1-24)

(10)Date on which the active sewage sludge unit is expected to close, if a date has been identified;

(11)The following information for other facilities that sends sewage sludge to the active sewage sludge unit:(7-1-24)

(a)Name, contact person, and mailing address of the facility; and(7-1-24)

(b)Information about the quality of the sewage sludge received from the facility, including any treatment at the facility to reduce pathogens or vector attraction characteristics;(7-1-24)

(12)Whether the vector attraction reduction options of 40 CFR 503.33(b)(9) through (b)(11) are met at the active sewage sludge unit, and a description of procedures employed at the time of disposal to reduce vector attraction properties in sewage sludge;(7-1-24)

(13)The following information, as applicable to ground water monitoring occurring at the active sewage sludge unit:(7-1-24)

(a)Description of ground water monitoring occurring at the active sewage sludge unit;(7-1-24)

(b)Ground water monitoring data describing the well locations and approximate depth to ground water;(7-1-24)

(c)Copy of a ground water monitoring plan prepared for the active sewage sludge unit; and(7-1-24)

(d)Copy of a certification obtained from a qualified ground water scientist that the aquifer has not been contaminated; and(7-1-24)

(14)If site-specific pollutant limits are sought for the sewage sludge placed on this active sewage sludge unit, information to support the request.(7-1-24)

k.If sewage sludge from the applicant's facility is fired in a sewage sludge incinerator, the applicant must provide:(7-1-24)

i.Total dry metric tons of sewage sludge from the applicant's facility that is fired in sewage sludge incinerators per three hundred sixty-five (365)-day period;(7-1-24)

ii.The following information for each sewage sludge incinerator firing the applicant's sewage sludge that the applicant does not own or operate:(7-1-24)

(1)Name or number, contact person, mailing address, e-mail address, and telephone number of the sewage sludge incinerator; and(7-1-24)

(2)Total dry metric tons from the applicant's facility per three hundred sixty-five (365)-day period fired in the sewage sludge incinerator;(7-1-24)

iii.The following information for each sewage sludge incinerator that the applicant owns or operates:

(1)Name or number and the location of the sewage sludge incinerator;(7-1-24)

(2)Latitude and longitude to the nearest second (or equivalent), and method of determination; (7-1-24)

(3)Total dry metric tons per three hundred sixty-five (365)-day period fired in the sewage sludge incinerator;(7-1-24)

(4)Information, test data, and documentation of ongoing operating parameters indicating that compliance with the National Emission Standard for Beryllium in 40 CFR Part 61 will be achieved;(7-1-24)

(5)Information, test data, and documentation of ongoing operating parameters indicating that compliance with the National Emission Standard for Mercury in 40 CFR Part 61 will be achieved;(7-1-24)

(6)Dispersion factor for the sewage sludge incinerator and modeling results and supporting documentation;(7-1-24)

(7)Control efficiency for parameters regulated in 40 CFR 503.43, and performance test results and supporting documentation;(7-1-24)

(8)Information used to calculate the risk specific concentration (RSC) for chromium, including the results of incinerator stack tests for hexavalent and total chromium concentrations, if the applicant is requesting a chromium limit based on a site-specific RSC value;(7-1-24)

(9)Whether the applicant monitors total hydrocarbons (THC) or carbon monoxide (CO) in the exit gas for the sewage sludge incinerator;(7-1-24)

(10)Type of sewage sludge incinerator;(7-1-24)

(11)Maximum performance test combustion temperature, obtained during the performance test of the sewage sludge incinerator to determine pollutant control efficiencies;(7-1-24)

(12)The following information on the sewage sludge feed rate used during the performance test:

(a)Sewage sludge feed rate in dry metric tons per day;(7-1-24)

(b)Identify whether the feed rate submitted is average use or maximum design; and(7-1-24)

(c)Describe how the feed rate was calculated;(7-1-24)

(13)Incinerator stack height in meters for each stack and identify whether actual or creditable stack height was used;(7-1-24)

(14)Operating parameters for the sewage sludge incinerator air pollution control device obtained during the performance test of the sewage sludge incinerator to determine pollutant control efficiencies;(7-1-24)

(15)Identify the monitoring equipment in place including, but not limited to, equipment to monitor:

(a)Total hydrocarbons or carbon monoxide;(7-1-24)

(b)Percent oxygen;(7-1-24)

(c)Percent moisture; and(7-1-24)

(d)Combustion temperature; and(7-1-24)

(16)List of air pollution control equipment used with this sewage sludge incinerator.(7-1-24)

l.If sewage sludge from the applicant's facility is sent to a municipal solid waste landfill (MSWLF), the applicant must provide the following information for each MSWLF:(7-1-24)

i.Name, contact person, mailing address, e-mail address location, and MSWLF permit numbers;

ii.Total dry metric tons per three hundred sixty-five (365)-day period sent from this facility to the MSWLF;(7-1-24)

iii.Determination of whether the sewage sludge meets the requirements for MSWLF disposal of sewage sludge, including the results of the paint filter liquids test and additional requirements that apply on a sitespecific basis; and(7-1-24)

iv.Information, if known, indicating whether the MSWLF complies with criteria in 40 CFR Part 258.

m.Name, mailing address, e-mail address, telephone number, and responsibilities of contractors that operate or maintain a facility related to sewage sludge generation, treatment, use, or disposal.(7-1-24)

n.At the request of the Department, the applicant must provide information necessary to determine the appropriate standards for permitting under 40 CFR Part 503 and to assess the sewage sludge use and disposal practices, determine whether to issue a permit, or identify appropriate permit requirements.(7-1-24)

o.TWTDS facilities using or disposing of sewage sludge where a standard applicable to its sewage sludge use or disposal practices has been published must submit the following information on EPA Form 2S, Part I equivalent form:(7-1-24)

i.TWTDS’s name, mailing address, location, and status as federal, state, private, public, or other entity;(7-1-24)

ii.Applicant’s name, address, e-mail address, telephone number, and ownership status;(7-1-24)

iii.Description of the sewage sludge use or disposal practices. Unless the sewage sludge meets the requirements of Subsection 105.17.h.iv., the description must include the name and address of facilities where sewage sludge is sent for treatment or disposal, and the locations of land application sites;(7-1-24)

iv. Annual amount of sewage sludge generated, treated, used or disposed (estimated dry weight basis);

v. Most recent data the TWTDS may have on the quality of the sewage sludge.(7-1-24)

18.Application Requirements for Municipal Separate Storm Sewer (MS4) Discharges. The operator of a discharge from a large or medium MS4 or an MS4 designated by the Department under 40 CFR 122.26(a)(1)(v) may submit a jurisdiction-wide or system-wide permit application. Where more than one (1) public entity owns or operates an MS4 within a geographic area (including adjacent or interconnected MS4s), an operator may be co-applicant to the same application. Permit applications for discharges from large and medium MS4s or MS4s designated under 40 CFR 122.26 (a)(1)(v) must include:(7-1-24)

a.In Part 1 of the application:(7-1-24)

i.Applicant’s name, address, e-mail address, telephone number of contact person, ownership status and status as a state or local government entity;(7-1-24)

ii.Description of existing legal authority to control discharges to the MS4. When existing legal authority is not sufficient to meet the criteria provided in Subsection 105.18.b.i., the description must list additional authorities and include a schedule and commitment to seek the additional authority that will be needed to meet the criteria;(7-1-24)

iii.Description of the historic use of ordinances, guidance or other controls that limited the discharge of non-storm water discharges to a POTW serving the same area as the MS4, including:(7-1-24)

(1)USGS seven point five (7.5) minute topographic map (or equivalent topographic map with a scale between one to ten thousand [1:10,000] and one to twenty-four thousand [1:24,000] if cost effective) extending one (1) mile beyond the service boundaries of the MS4 covered by the permit application;(7-1-24)

(2)Location of known MS4 outfalls discharging to waters of the United States;(7-1-24)

(3)Description of the land use activities (divisions indicating undeveloped, residential, commercial, agricultural, and industrial uses) accompanied with estimates of population densities and projected growth for a ten (10) year period within the drainage area served by the MS4 and an estimate of an average runoff coefficient for each land use type;(7-1-24)

(4)Location and description of the activities of each currently operating or closed municipal landfill or other treatment, storage, or disposal facility for municipal waste;(7-1-24)

(5)Location and permit number of known discharges to the MS4 that have been issued a NPDES or IPDES permit;(7-1-24)

(6)Location of major structural controls for storm water discharge (retention basins, detention basins, and major infiltration devices); and(7-1-24)

(7)Identification of publicly owned parks, recreational areas, and other open lands.(7-1-24)

iv.Description of the discharge including:(7-1-24)

(1)Monthly mean rain and snow fall estimates (or summary of weather bureau data) and the monthly average number of storm events;(7-1-24)

(2)Existing quantitative data describing the volume and quality of discharges from the MS4, including a description of the outfalls sampled, sampling procedures and analytical methods used;(7-1-24)

(3)List of water bodies that receive discharges from the MS4, including downstream segments, lakes, and estuaries where pollutants from the system discharges may accumulate and cause water degradation, and a description of known water quality impacts. At a minimum, the description of impacts must include whether the water bodies receiving the discharges have been:(7-1-24)

(a)Assessed for CWA Section 305(b) reports submitted by the Department, the basis for the assessment (evaluated or monitored), a summary of designated use support and attainment of CWA goals (fishable and swimmable waters), and causes of nonsupport of designated uses;(7-1-24)

(b)Listed under CWA Section 304(l)(1)(A)(i), 304(l)(1)(A)(ii), or 304(l)(1)(B) that is not expected to meet water quality standards or water quality goals;(7-1-24)

(c)Listed in state Nonpoint Source Assessments required by CWA Section 319(a), without additional action to control nonpoint sources of pollution, cannot reasonably be expected to attain or maintain water quality standards due to storm sewers, construction, highway maintenance, and runoff from municipal landfills and municipal sludge adding significant pollution (or contributing to a violation of water quality standards);(7-1-24)

(d)Identified and classified according to eutrophic condition of publicly owned lakes listed in state reports required under CWA Section 314(a) (including a description of those publicly owned lakes for which uses are known to be impaired, description of procedures, processes and methods to control the discharge of pollutants from MS4s into lakes, and description of methods and procedures to restore the lakes’ quality);(7-1-24)

(e)Recognized by the applicant as highly valued or sensitive waters;(7-1-24)

(f)Defined by the state as wetlands; and(7-1-24)

(g)Found to have pollutants in bottom sediments, fish tissue, or biosurvey data.(7-1-24)

(4)Results of a field screening analysis for illicit connections and illegal dumping for either selected field screening points or major outfalls covered in the permit application. At a minimum, a screening analysis includes a narrative description, for either each field screening point or major outfall, of visual observations made during dry weather periods. If flow is observed, two (2) grab samples will be collected during a twenty-four (24)-hour period with at least four (4) hours between samples. For the samples, a narrative description of the color, odor, turbidity, presence of an oil sheen or surface scum and other relevant observations about the potential presence of non-storm water discharges or illegal dumping must be provided. In addition, a narrative description of the results of a field analysis using suitable methods to estimate pH, total chlorine, total copper, total phenol, and detergents (or surfactants) must be provided with a description of the flow rate. Where the field analysis does not involve analytical methods approved under 40 CFR Part 136, the applicant must provide a description of the method used including the name of the manufacturer of the test method with the range and accuracy of the test. Field screening points are either major outfalls or other outfall points (or another point of access such as manholes) randomly located throughout the storm sewer system by placing a grid over a drainage system map and identifying those cells of the grid that contain a segment of the storm sewer system or major outfall. The field screening points are established using the following guidelines and criteria:(7-1-24)

(a)Overlay a grid system consisting of perpendicular north-south and east-west lines spaced onequarter (¼) mile apart on a map of the MS4, creating a series of cells;(7-1-24)

(b)Identify cells that contain a segment of the MS4; select one (1) field screening point in each cell; major outfalls may be used as field screening points;(7-1-24)

(c)Locate field screening points downstream of sources of suspected illegal or illicit activity; (7-1-24)

(d)Locate field screening points to the degree practicable at the farthest manhole or other accessible location downstream in the system, within each cell; however, consider the safety of personnel and accessibility of the location in making this determination;(7-1-24)

(e)Hydrologic conditions, total drainage area of the site, population density of the site, traffic density, age of the structures or buildings in the area, history of the area, and land use types;(7-1-24)

(f)For medium MS4s, no more than two hundred fifty (250) cells need to have identified field screening points; in large MS4s, no more than five hundred (500) cells need to have identified field screening points; cells established by the grid that contain no storm sewer segments will be eliminated from consideration; if fewer than two hundred fifty (250) cells in medium municipal sewers are created, and fewer than 500 in large systems are created by the overlay on the municipal sewer map, then those cells that contain a segment of the sewer system are subject to field screening (unless access to the separate storm sewer system is impossible); and(7-1-24)

(g)Large or medium MS4s that are unable to utilize the procedures described in Subsection 105.18.a.iv.(4)(a) through (f), because a sufficiently detailed map of the separate storm sewer systems is unavailable, must field screen no more than five hundred (500) or two hundred fifty (250) major outfalls respectively (or major outfalls in the system, if less). In these circumstances, the applicant must establish a grid system consisting of northsouth and east-west lines spaced one-quarter (¼) mile apart as an overlay to the boundaries of the MS4, thereby creating a series of cells. The applicant will select major outfalls in as many cells as possible until at least five hundred (500) major outfalls (large municipalities) or two hundred fifty (250) major outfalls (medium municipalities) are selected; a field screening analysis must occur at these major outfalls; and(7-1-24)

(5)Information and a proposed program to meet the requirements of Subsection 105.18.b.iii., including at least: the location of outfalls or field screening points appropriate for representative data collection under Subsection 105.18.b.iii.(1), a description of why the outfall or field screening point is representative, the seasons when sampling is intended, and a description of the sampling equipment. The proposed sampling locations of outfalls or field screening points must reflect water quality concerns (Subsection 105.18.a.iv(3));(7-1-24)

v.Description of the existing management programs to control pollutants from the MS4 including existing source controls and operation and maintenance measures for structural controls that are currently implemented. The controls may include, but are not limited to: procedures to control pollution resulting from construction activities; floodplain management controls; wetland protection measures; BMPs for new subdivisions; and emergency spill response programs. The description may address controls established under state law and local requirements;(7-1-24)

vi.Description of the existing program to identify illicit connections to the MS4 that includes inspection procedures and methods for detecting and preventing illicit discharges and describes areas where this program has been implemented; and(7-1-24)

vii.Description of the financial resources currently available to the municipality to complete part 2 of the permit application. A description of the municipality's budget for existing storm water programs, including an overview of the municipality's financial resources and budget, including overall indebtedness and assets, and sources of funds for storm water programs.(7-1-24)

b.In Part 2 of the application:(7-1-24)

i.Demonstrate the applicant can operate under legal authority established by statute, ordinance, or series of contracts that authorizes or enables the applicant at a minimum to:(7-1-24)

(1)Control through ordinance, permit, contract, order or similar means, the contribution of pollutants to the MS4 by storm water discharges associated with industrial activity and the quality of storm water discharged from sites of industrial activity;(7-1-24)

(2)Prohibit through ordinance, order or similar means, illicit discharges to the MS4;(7-1-24)

(3)Control through ordinance, order or similar means the discharge to an MS4 of spills, dumping or disposal of materials other than storm water;(7-1-24)

(4)Control through interagency agreements among co-applicants the contribution of pollutants from a portion of the municipal system to another portion of the municipal system;(7-1-24)

(5)Require compliance with conditions in ordinances, permits, contracts or orders; and(7-1-24)

(6)Complete inspection, surveillance, and monitoring procedures necessary to determine compliance and noncompliance with permit conditions including prohibiting illicit discharges to the MS4.(7-1-24)

ii.Location of major outfall discharges to waters of the United States that were not reported under Subsection 105.18.a.iii(2). Provide an inventory, organized by watershed, of the name, address, and a description (Standard Industrial Classification [SIC] codes) that best reflects the principal products or services provided by each facility that may discharge, to the MS4, and the storm water associated with industrial activity;(7-1-24)

iii.When quantitative data for a pollutant are required under Subsection 105.18.b.iii(1)(c), the applicant must collect a sample of effluent in accordance with Subsection 105.07.c. through 105.07.m. and analyze it for the pollutant following the analytical methods approved under 40 CFR Part 136. When no analytical method is approved, the applicant may use a suitable method but must provide a description of the method. The applicant must provide information characterizing the quality and quantity of discharges covered in the permit application, including:(7-1-24)

(1)Quantitative data from representative outfalls designated by the Department and developed as follows (based on information received in part 1 of the application. The Department will designate between five (5) and ten (10) outfalls or field screening points as representative of the commercial, residential and industrial land use activities of the drainage area contributing to the system or, where there are less than five (5) outfalls covered in the application, the Department will designate all outfalls):(7-1-24)

(a)For each outfall or field screening point designated under this subsection, samples must be collected of storm water discharges from three (3) storm events occurring at least one (1) month apart in accordance with Subsection 105.07.c. through 105.07.m. (the Department may allow exemptions to sampling three (3) storm events when climatic conditions create good cause for the exemptions);(7-1-24)

(b)A narrative description must be provided of the date and duration of the storm event sampled, rainfall estimates of the storm event that generated the sampled discharge and the duration between the storm event sampled and the end of the previous measurable (greater than one-tenth [0.1] inch rainfall) storm event;(7-1-24)

(c)For samples collected and described under Subsections 105.18.b.iii(1)(a) and (b), quantitative data will be provided for the organic pollutants listed in Table II and the pollutants listed in Table III (toxic metals, cyanide, and total phenols) of 40 CFR Part 122, Appendix D, and for the following pollutants:(7-1-24)

(i)Total suspended solids (TSS);(7-1-24)

(ii)Total dissolved solids (TDS);(7-1-24)

(iii)Chemical oxygen demand (COD);(7-1-24)

(iv)Five (5)-day biochemical oxygen demand (BOD5);(7-1-24)

(v)Oil and grease;(7-1-24)

(vi)Fecal coliform (including E. coli);(7-1-24)

(vii)Enterococci (previously known as fecal streptococcus);(7-1-24)

(viii)pH;(7-1-24)

(ix)Total Kjeldahl nitrogen;(7-1-24)

(x)Nitrate plus nitrite;(7-1-24)

(xi)Total ammonia plus organic nitrogen;(7-1-24)

(xii)Dissolved phosphorus; and(7-1-24)

(xiii)Total phosphorus;(7-1-24)

(d)Additional quantitative data required by the Department for determining permit conditions (the Department may require that quantitative data be provided for additional parameters, and may establish sampling conditions such as the location, season of sample collection, form of precipitation (snow melt, rainfall) and other parameters necessary to ensure representativeness);(7-1-24)

(2)Estimates of the annual pollutant load of the cumulative discharges to waters of the United States from identified municipal outfalls and the event mean concentration of the cumulative discharges to waters of the United States from identified municipal outfalls during a storm event for BOD5, COD, TSS, dissolved solids, total nitrogen, total ammonia plus organic nitrogen, total phosphorus, dissolved phosphorus, cadmium, copper, lead, and zinc. Estimates must be accompanied by a description of the procedures for estimating constituent loads and concentrations, including modelling, data analysis, and calculation methods;(7-1-24)

(3)A proposed schedule to provide estimates for each major outfall identified in Subsection 105.18.b.ii. or 105.18.a.iii(2) of the seasonal pollutant load and of the event mean concentration of a representative storm for constituents detected in samples required under Subsection 105.18.b.iii(1); and(7-1-24)

(4)A proposed monitoring program for representative data collection for the term of the permit that describes the location of outfalls or field screening points to be sampled (or the location of instream stations), why the location is representative, the frequency of sampling, parameters to be sampled, and a description of sampling equipment;(7-1-24)

iv.A proposed management program covering the duration of the permit, that includes a comprehensive planning process with public participation and where necessary intergovernmental coordination, to reduce the discharge of pollutants to the maximum extent practicable using management practices, control techniques and system, design and engineering methods, and other appropriate provisions. The program must also include a description of staff and equipment available to implement the program. Separate proposed programs may be submitted by each co-applicant. Proposed programs may impose controls on a system wide basis, a watershed basis, a jurisdiction basis, or on individual outfalls. Proposed programs will be considered by the Department when developing permit conditions to reduce pollutants in discharges to the maximum extent practicable. Proposed management programs must describe priorities for implementing controls:(7-1-24)

(1)A description of structural and source control measures, implemented during the life of the permit, to reduce pollutants in runoff from commercial and residential areas that are discharged from the MS4 with an estimate of the expected reduction of pollutant loads, and a proposed schedule for implementing the controls. At a minimum, the description must include:(7-1-24)

(a)Maintenance activities and a schedule for structural controls to reduce pollutants (including floatables) in discharges from MS4s;(7-1-24)

(b)Planning procedures including a comprehensive master plan to develop, implement, and enforce controls to reduce the discharge of pollutants from MS4s that receive discharges from areas of new development and significant redevelopment. The plan must address controls to reduce pollutants in discharges from MS4s after construction is completed (controls to reduce pollutants in discharges MS4s containing construction site runoff are addressed in Subsection 105.18.b.iv(4));(7-1-24)

(c)Practices for operating and maintaining public streets, roads, and highways and procedures for reducing the impact on receiving waters of discharges from MS4s, including pollutants discharged from deicing activities;(7-1-24)

(d)Procedures to ensure flood management projects assess the impacts on the water quality of receiving water bodies and existing structural flood control devices have been evaluated to determine if retrofitting the device to provide additional pollutant removal from storm water is feasible;(7-1-24)

(e)Program to monitor pollutants in runoff from operating or closed municipal landfills or other treatment, storage, or disposal facilities for municipal waste that identifies priorities and procedures for inspections and establ ishes control measures for the discharges (this program can be coordinated with the program developed under Subsection 105.18.b.iv.(3)); and(7-1-24)

(f)Program to reduce, to the maximum extent practicable, pollutants in discharges from MS4s from pesticides, herbicides, and fertilizer application, including controls such as educational activities, permits, certifications, and other measures for commercial applicators and distributors, and for public right-of-ways and municipal facilities;(7-1-24)

(2)Program, including a schedule, to detect and remove (or require the discharger to the MS4 to obtain a separate IPDES permit for) illicit discharges and improper disposal into the storm sewer, including:(7-1-24)

(a)Program, including inspections, to implement and enforce an ordinance, orders or similar means to prevent illicit discharges to the MS4. This program description must address all illicit discharges; however, the following categories of non-storm water discharges or flows must be addressed where discharges are identified by the municipality as sources of pollutants to waters of the United States: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration (defined in Section 010) to separate storm sewers, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (program descriptions must address discharges or flows from firefighting only where the discharges or flows are identified as significant sources of pollutants to waters of the United States);

(b)Procedures to conduct on-going field screening activities during the life of the permit, including areas or locations that will be evaluated by the field screens;(7-1-24)

(c)Procedures to investigate portions of the MS4 that, based on the results of the field screen, or other appropriate information, indicate a reasonable potential of containing illicit discharges or other sources of non-storm water (procedures may include: sampling procedures for constituents such as fecal coliform (including E. coli), enterococci (previously known as fecal streptococcus), surfactants (methylene blue active substance [MBAS]), residual chlorine, fluorides and potassium; testing with fluorometric dyes; or conducting storm sewer inspections where safety and other considerations allow. Such description must include the location of storm sewers identified for evaluation);(7-1-24)

(d)Procedures to prevent, contain, and respond to spills that may discharge into the MS4;(7-1-24)

(e)Program to promote, publicize, and facilitate public reporting of the presence of illicit discharges or water quality impacts associated with discharges fromMS4s;(7-1-24)

(f)Description of educational activities, public information activities, and other appropriate activities to facilitate the proper management and disposal of used oil and toxic materials; and(7-1-24)

(g)Description of controls to limit infiltration of seepage from municipal sanitary sewers to MS4s where necessary;(7-1-24)

(3)Description of a program to monitor and control pollutants in storm water discharges to municipal systems from municipal landfills, hazardous waste treatment, disposal and recovery facilities, industrial facilities that are subject to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA), and industrial facilities that the municipal permit applicant determines are contributing a substantial pollutant loading to the MS4. The program must:(7-1-24)

(a)Identify priorities and procedures for inspections and establish and implement control measures for the discharges; and(7-1-24)

(b)Describe a monitoring program for storm water discharges from industrial facilities identified in Subsection 105.18.b.iv(3), implemented during the term of the permit, including submitting quantitative data on the following constituents: pollutants limited in ELGs subcategories, where applicable; pollutant listed in an existing NPDES or IPDES permit for a facility; oil and grease, COD, pH, BOD5, TSS, total phosphorus, total Kjeldahl nitrogen, nitrate plus nitrite nitrogen, and information on discharges required under Subsections 105.07.j. through l.;

(4)Description of a program to implement and maintain structural and non-structural BMPs to reduce pollutants in storm water runoff from construction sites to the MS4 that includes:(7-1-24)

(a)Procedures for site planning that considers potential water quality impacts;(7-1-24)

(b)Requirements for nonstructural and structural BMPs;(7-1-24)

(c)Procedures for identifying priorities for site inspections and enforcing control measures that consider the nature of the construction activity, topography, and characteristics of soils and receiving water quality;

(d)Educational and training measures for construction site operators;(7-1-24)

v.Estimated reductions in pollutant loadings from the constituents discharged from MS4s as the result of the municipal storm water quality management program. The assessment must also identify known impacts of storm water controls on ground water;(7-1-24)

vi.For each fiscal year to be covered by the permit, a fiscal analysis of the necessary capital and operation and maintenance expenditures necessary to accomplish the activities of the programs under Subsections 105.18.b.iii. and iv. The analysis must describe the source of funds that are proposed to meet the necessary expenditures, including legal restrictions on the use of the funds;(7-1-24)

vii.When more than one (1) legal entity submits an application, the application must describe the roles and responsibilities of each legal entity and procedures to ensure effective coordination; and(7-1-24) viii.Where requirements under Subsections 105.18.a.iv.(5), 105.18.b.ii., 105.18.b.iii.(2), and 105.18.b.iv. are not practicable or applicable, the Department may exclude an operator of a discharge from an MS4 designated under 40 CFR 122.26(a)(1)(v), (b)(4)(ii) or (b)(7)(ii) from the requirements. The Department may not exclude the operator of a discharge from an MS4 identified in 40 CFR Part 122, Appendix F, G, H or I, from the permit application requirements under this subsection except where authorized under this section.(7-1-24)

19.Application Requirements for Industrial and Construction Storm Water Discharges.

Application requirements for storm water discharges associated with industrial activity and storm water discharges associated with small construction activity.(7-1-24)

a.Dischargers of storm water associated with industrial activity and small construction activity must apply for an individual permit or seek coverage under a storm water general permit. Facilities required to obtain an individual permit or a discharge of storm water that the Department is evaluating for designation (Section 130) under 40 CFR 122.26(a)(1)(v) and is not an MS4, must submit an IPDES application following the requirements of Section

IDAPA 58.01.25.105 (7-1-24)

b.Except as provided in Subsections 105.19.c. through e., the operator of a storm water discharge associated with industrial activity subject to this section must provide:(7-1-24)

i.Site map showing topography (or indicating the outline of drainage areas served by the outfall(s) covered in the application if a topographic map is unavailable) of the facility including:(7-1-24)

(1)Each of its drainage and discharge structures;(7-1-24)

(2)Drainage area of each storm water outfall;(7-1-24)

(3)Paved areas and buildings within the drainage area of each storm water outfall, each past or present area used for outdoor storage or disposal of significant materials, each existing structural control measure to reduce pollutants in storm water runoff, materials loading and access areas, areas where pesticides, herbicides, soil conditioners, and fertilizers are applied, each of its hazardous waste treatment, storage, or disposal facilities (including each area not required to have a Resource Conservation and Recovery Act permit for accumulating hazardous waste under 40 CFR 262.34);( (4)Each well where fluids from the facility are injected underground; and(7-1-24)

(5)Springs, and other surface water bodies receiving storm water discharges from the facility;

ii.An estimate of the area of impervious surfaces (including paved areas and building roofs) and the total area drained by each outfall (within a mile radius of the facility) and a narrative description of the following:

(1)Significant materials that in the three (3) years before the submittal of this application have been treated, stored, or disposed in a manner to allow exposure to storm water;(7-1-24)

(2)Method of treatment, storage, or disposal of materials; materials management practices employed, in the three (3) years before the submittal of this application, to minimize contact by these materials with storm water runoff;(7-1-24)

(3)Materials loading and access areas;(7-1-24)

(4)Location, manner, and frequency in which pesticides, herbicides, soil conditioners, and fertilizers are applied;(7-1-24)

(5)Location and a description of existing structural and non-structural control measures to reduce pollutants in storm water runoff; and(7-1-24)

(6)Description of the treatment the storm water receives, including the ultimate disposal of any solid or fluid wastes other than by discharge;(7-1-24)

iii.Certification that outfalls containing storm water discharges associated with industrial activity have been tested or evaluated for the presence of non-storm water discharges not covered by an IPDES permit, including a description of the method used, the date of testing, and the on-site drainage points that were directly observed during a test. Tests for non-storm water discharges may include smoke tests, fluorometric dye tests, and analysis of accurate schematics;(7-1-24)

iv.Existing information about significant leaks or spills of toxic or hazardous pollutants at the facility that have taken place within the three (3) years before application submittal;(7-1-24)

v.Quantitative data based on samples collected during storm events and collected in accordance with Subsection 105.07 from outfalls containing a storm water discharge associated with industrial activity for:(7-1-24)

(1)Pollutants limited in an ELG to which the facility is subject;(7-1-24)

(2)Pollutants listed in the facility's NPDES or IPDES permit for its process wastewater (if the facility is operating under an existing NPDES or IPDES permit);(7-1-24)

(3)Oil and grease, pH, BOD5, COD, TSS, total phosphorus, total Kjeldahl nitrogen, and nitrate plus nitrite nitrogen;(7-1-24)

(4)Information on the discharge required under Subsections 105.07.j. through l.;(7-1-24)

(5)Flow measurements or estimates of the flow rate, and the total amount of discharge for the storm event sampled, and the method of flow measurement or estimation; and(7-1-24)

(6)Date and duration (in hours) of storm event sampled, rainfall measurements or estimates of the storm event (in inches) that generated the sampled runoff and the duration (in hours) between the storm event sampled and the end of the previous measurable (greater than one-tenth [0.1] inch rainfall) storm event;(7-1-24)

vi.Operators of a discharge composed entirely of storm water are exempt from the requirements of Subsections 105.07.b., 105.07.a.i.(2) through (5), 105.07.a.ii., 105.07.a.iii., 105.07.g., 105.07.h., 105.07.i., and 105.07.m.; and(7-1-24)

vii.Operators of new sources or new discharges (Section 010, Definitions) composed in part or entirely of storm water must include estimates for the pollutants or parameters listed in Subsection 105.19.b.v. instead of actual sampling data, along with the source of each estimate. Operators of new sources or new discharges composed in part or entirely of storm water must provide quantitative data for the parameters listed in Subsection 105.19.b.v. within two (2) years after discharge commences, unless the data has already been reported under the monitoring requirements of the IPDES permit for the discharge. Operators of a new source or new discharge composed entirely of storm water are exempt from the requirements of Subsections 105.16.a.iii.(2) and (3), and 105.16.b.(7-1-24)

c.Operator of an existing or new storm water discharge associated with industrial activity solely under 40 CFR 122.26(b)(14)(x) or associated with small construction activity solely under 40 CFR 122.26 (b)(15), is exempt from the requirements of Subsection 105.07 and Subsection 105.19.b. The operator must provide a narrative description of:(7-1-24)

i.Location (including a map) and the nature of the construction activity;(7-1-24)

ii.Total area of the site and the area of the site that is expected to undergo excavation during the life of the permit;(7-1-24)

iii.Proposed measures, including BMPs, to control pollutants in storm water discharges during construction, including a description of state and local erosion and sediment control requirements;(7-1-24)

iv.Proposed measures to control pollutants in storm water discharges that will occur after construction operations are completed, including a description of state or local erosion and sediment control requirements;

v.Estimate of the runoff coefficient of the site and the increase in impervious area after the construction addressed in the permit application is completed, the nature of fill material and existing data describing the soil or the quality of the discharge; and(7-1-24)

vi.Name of the receiving water.(7-1-24)

d.Operator of an existing or new discharge composed entirely of storm water from an oil or gas exploration, production, processing, or treatment operation, or transmission facility is not required to submit a permit application under Subsection 105.19.b., unless the facility:(7-1-24)

i.Discharge of storm water occurred resulting in a reportable quantity for which notification is or was required under 40 CFR 117.21 or 40 CFR 302.6 at any time since November 16, 1987; or(7-1-24)

ii.Discharge of storm water occurred resulting in a reportable quantity for which notification is or was required under 40 CFR 110.6 at any time since November 16, 1987; or(7-1-24)

iii.Contributes to a violation of a water quality standard.(7-1-24)

e.Operator of an existing or new discharge composed entirely of storm water from a mining operation is not required to submit a permit application unless the discharge was in contact with, overburden, raw material, intermediate products, finished product, byproduct, or waste products located on the site.(7-1-24)

f.Applicants must provide information the Department may require under Subsection 105.07.o. to determine whether to issue a permit and may require facilities subject to Subsection 105.19.c. to comply with Subsection 105.19.b.(7-1-24)

20.Requirements for Integrated Plans. Integrated planning is a voluntary process for municipalities to identify efficiencies from separate wastewater and storm water programs to best prioritize capital investments and achieve human health and water quality objectives.(7-1-24)

a.The Department may incorporate integrated plans into IPDES permits, compliance agreement schedules, consent orders, and compliance schedule orders.(7-1-24)

b.Integrated plans considered by the Department should contain:(7-1-24)

i.A description of the water quality, human health, and regulatory issues to be addressed in the plan;

ii.A description of the existing wastewater and storm water systems under consideration and a summary of information describing the systems’ current performance;(7-1-24)

iii.A communications plan describing how community stakeholders are given consideration in the planning and implementation of the plan;(7-1-24)

iv.A process for identifying, evaluating, and selecting alternatives and proposing implementation schedules;(7-1-24)

v.A process for evaluating the performance of projects identified in the plan; and(7-1-24)

vi.A process for identifying, evaluating, and selecting proposed new projects or modifications to ongoing or planned projects based on changed circumstances.(7-1-24)

IDAPA 58.01.25.106 Individual Permit Application Review

01.Completeness Criteria. Th e Department will not process or issue an individual IPDES permit application before receiving a complete application. The application form and supplemental information are complete when submitted to the Department's satisfaction. The Department will not consider a permit application to be complete until applicable fees required under Section 110 are paid.(7-1-24)

02.Sufficiently Sensitive Methods. Except as specified in Subsection 106.02.c., a permit application will not be considered complete unless all required quantitative data are collected following sufficiently sensitive analytical methods approved under 40 CFR Part 136 or required under 40 CFR Parts 400 through 471 and 501 through 503.(7-1-24)

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:(7-1-24)

i.The method minimum level (ML) is at or below the level of the water quality criterion for the measured pollutant or pollutant parameter; or(7-1-24)

ii.The method ML is above the 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(7-1-24)

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.

b.For Subsection 106.02.a., consistent with 40 CFR Part 136, applicants may opt to provide matrixor sample- specific MLs rather than the published levels. When an applicant can demonstrate, despite a good faith effort to use a method that meets the definition of “sufficiently sensitive,” the analytical results are not consistent with the QA/QC specifications for that method, then the Department may determine the method is not performing adequately and the applicant will select a different method from the remaining EPA-approved methods that is sufficiently sensitive consistent with Subsection 106.02.a. When no other EPA-approved methods exist, the applicant will select a method consistent with Subsection 106.02.c.(7-1-24)

c.When there is no analytical method approved under 40 CFR Part 136, required under 40 CFR Parts 400 through 471 and 501 through 503, and is not otherwise required by the Department, the applicant may use any suitable method but must describe the method. When selecting a suitable method, other factors such as a method's precision, accuracy, or resolution, may be considered when assessing the performance of the method.(7-1-24)

03.Independence. The Department will judge the completeness of an IPDES permit application independently of other permit application or permit.(7-1-24)

04.Schedule. The Department will notify an applicant in writing whether the application is complete within:(7-1-24)

a.Thirty (30) days if the application is for a new source or new discharger under the IPDES program, or(7-1-24)

b.Sixty (60) days if the application is for an existing source or sludge-only facility.(7-1-24)

05.Additional Information. Notification that an application is complete does not preclude the Department from requiring the applicant submit additional information for the Department’s use in processing the application. This additional information may only be requested when necessary to clarify, modify, or supplement previously submitted material.(7-1-24)

a.Requests for additional information will not render an application incomplete.(7-1-24)

b.While processing the application, if the Department decides a site visit is necessary, the Department will notify the applicant and schedule a date. Failure to schedule or refusal of a requested site visit are grounds for permit denial.(7-1-24)

c.The applicant’s failure or refusal to correct deficiencies, or supply requested information may result in permit denial, and appropriate enforcement actions may be initiated, if warranted.(7-1-24)

06.Incomplete Due to Waiver Denial. The Department will not consider a permit application complete if the Department waived application requirements under Subsection 105.11 or 105.17 and the EPA has disapproved the waiver.(7-1-24)

07.Impact of Waiver Delay. If a person required to reapply for a permit submits a waiver request to the Department more than two hundred ten (210) days before an existing permit expires, and the EPA does not disapprove the waiver request one hundred eighty-one (181) days before the permit expires, the Department will consider the permit application complete without the information subject to the waiver request.(7-1-24)

08.Application Completeness Date. The application is complete when the Department notifies the applicant.(7-1-24)

IDAPA 58.01.25.107 Decision Process

After the Department has determined a permit application is complete, the Department will decide whether to tentativ ely deny the application, or prepare an IPDES draft permit.(7-1-24)

01.Application Denial. If the Department decides to tentatively deny the application:(7-1-24)

a.A notice of intent to deny the permit application will be issued. A notice of intent to deny the permit application follows the same procedures as a draft permit and will be made available for public comment. The Department will give notice of opportunity for a public meeting, as specified in Section 109;(7-1-24)

b.The Department will generate a response to public comment; and(7-1-24)

c.Issue a final decision that may:(7-1-24)

i.Withdraw the notice of intent to deny the application, and proceed to prepare a draft permit and fact sheet as defined in Section 108; or(7-1-24)

ii.Confirm the decision to deny the application.(7-1-24)

d.The applicant may appeal the final decision to deny the application by adhering to the requirements of Section 204.(7-1-24)

02.Draft Permit. If the Department decides to generate a draft permit and fact sheet, it will comply with Section 108.(7-1-24)

a.Upon completion of the draft permit and fact sheet, the Department will issue a public notification as required in Subsection 109.01.(7-1-24)

b.An opportunity for the public to comment and request a public meeting will be provided. (7-1-24)

c.The Department will generate a response to public comment as stipulated in Subsection 109.03.

03.Proposed Permit. After the close of the public comment period on a draft permit, the Department will make appropriate changes in response to comments and generate a proposed permit and fact sheet.(7-1-24)

04.Final Permit. After the public comment period closes on a draft permit, and after receiving comments on the proposed permit from EPA, the Department will issue a final permit decision and fact sheet. The final permit decision will issue, deny, modify, revoke and reissue, or terminate a permit.(7-1-24)

a.The Department will notify the applicant and each person who has submitted written comments or requested notice of the final permit decision.(7-1-24)

b.A final permit decision shall become effective twenty-eight (28) days after the service of notice of the decision unless:(7-1-24)

i.A later effective date is specified in the decision; or(7-1-24)

ii.A Petition for Review is filed with the Department as specified in Section 204.(7-1-24)

IDAPA 58.01.25.108 Draft Permit and Fact Sheet

01.Draft Permit.(

a.If the Department decides to prepare a draft permit, it will contain:(7-1-24)

i.Conditions established under Section 300;(7-1-24)

ii.Conditions for specific categories established under Section 301 and 40 CFR 122.42(e);(7-1-24)

iii.Conditions established under Section 302;(7-1-24)

iv.Conditions established under Section 303;(7-1-24)

v.Monitoring requirements established under Section 304;(7-1-24)

vi.Schedules of compliance established under Section 305; and(7-1-24)

vii.Approved variances.(7-1-24)

b.General and individual proposed permits will be available to the EPA Region 10 Administrator for comment as specified in Subsections 107.03 (Proposed Permit) and 107.04 (Final Permit).(7-1-24)

02.Fact Sheets.(7-1-24)

a.A fact sheet containing the information required in Subsection 108.02.b. must accompany the draft permit prepared for:(7-1-24)

i.Major IPDES facility or activity;(7-1-24)

ii.Class I sludge management facility;(7-1-24)

iii.IPDES general permit;(7-1-24)

iv.Permit that incorporates a variance or requires an explanation under Subsection 108.02.b.ix. through 108.02.b.x.;(7-1-24)

v.Permit that includes a sewage sludge land application plan under 40 CFR 501.15(a)(2)(ix); and

vi.Permit that the Department finds is the subject of wide-spread public interest or raises major issues.

b.A fact sheet must describe the principal facts and significant factual, legal, methodological, and policy questions considered in preparing the draft permit and must include, if applicable:(7-1-24)

i.Brief description of the type of facility or activity that is the subject of the draft permit;(7-1-24)

ii.Type and quantity of wastes, fluids, or pollutants that are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged;(7-1-24)

iii.Summary of the basis for the draft permit conditions, including references to applicable statutes or regulations and appropriate supporting references to the administrative record;(7-1-24)

iv.Reasons for the Department’s tentative decision on requested variances or alternatives to required standards;(7-1-24)

v.Description of the procedures for reaching a final decision on the draft permit, including: (7-1-24)

(1)Beginning and ending dates of the comment period under Subsection 109.02 and the address where comments are submitted;(7-1-24)

(2)Procedure for requesting a public meeting and the nature of that meeting; and(7-1-24)

(3)Other procedures by which the public may participate in the final decision;(7-1-24)

vi.Name and telephone number of a person to contact for additional information;(7-1-24)

vii.Justification for waiver of application requirements under Section 105 for new and existing POTWs;(7-1-24) viii.Calculations or other explanations of the derivation of specific effluent limits and conditions, including a citation to the ELG or performance standard as required by Section 302, and reasons why the effluent limits and conditions apply, or an explanation of how an alternate effluent limit was developed;(7-1-24)

ix.If applicable, an explanation of why the draft permit contains:(7-1-24)

(1)Limits to control toxic pollutants under Subsection 302.07;(7-1-24)

(2)Limits on internal waste streams under Section 304;(7-1-24)

(3)Limits on indicator pollutants under 40 CFR 125.3(g);(7-1-24)

(4)Limits established on a case-by-case basis under 40 CFR 125.3 (c)(2) or (c)(3) or CWA Section 405(d)(4);(7-1-24)

(5)Limit to meet the criteria for permit issuance under Subsection 103.07; or(7-1-24)

(6)Waivers from monitoring requirements granted under Subsection 302.03;(7-1-24)

x.For a draft permit for a treatment works owned by a person other than a state or municipality, an explanation of the Department’s decision on regulation of users under Subsection 302.15;(7-1-24)

xi.If appropriate, a sketch or description of the location of the discharge or regulated activity described in the application; and(7-1-24)

xii.For permits that include a sewage sludge land application plan under 40 CFR 501.15(a)(2)(ix), a description of how each of the required elements of the land application plan are addressed in the permit.(7-1-24)

IDAPA 58.01.25.109 Public Notification and Comment

01.Public Notification.(

a.The Department will give notice to the public that:(7-1-24)

i.A draft permit has been prepared under Subsection 108.01;(7-1-24)

ii.The Department intends to deny a permit application under Subsection 107.01;(7-1-24)

iii.A public meeting is scheduled; or(7-1-24)

iv.An IPDES new source determination has been made.(7-1-24)

b.A public notice may describe more than one (1) permit or permit action.(7-1-24)

c.The Department will allow at least thirty (30) days for public comment on the items in the notice, and provide at least thirty (30) days’ notice before the public meeting. Notice of the draft permit and meeting may be combined and given at the same time.(7-1-24)

d.Public notice that a draft permit has been prepared and a public meeting on the draft permit will be given by:(7-1-24)

i.Mailing a copy of the notice to the following persons, unless person entitled to receive notice under this subsection waives the right to receive notice for any classes and categories of permits:(7-1-24)

(1)The applicant, unless there is no applicant for an IPDES general permit;(7-1-24)

(2)An agency (including EPA when the draft permit is prepared by the state) the Department knows has issued or is required to issue a permit for the same facility or activity under:(7-1-24)

(a)Resource Conservation and Recovery Act, under IDAPA 58.01.05, “Rules and Standards for (b)Underground Injection Control (UIC) Program under Idaho Department of Water Resources as authorized under Idaho Code Title 42 Chapter 39 and regulated under IDAPA 37.03.03, “Rules and Minimum Standards for the Construction and Use of Injection Wells”;(7-1-24)

(c)Clean Air Act, under IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho”; (7-1-24)

(d)Idaho Pollution Discharge Elimination System Program, under IDAPA 58.01.25, “Idaho Pollutant Discharge Elimination System Rules”; or(7-1-24)

(e)Sludge Management Program, under IDAPA 58.01.16.650, “Wastewater Rules”; and(7-1-24)

(f)Dredge and Fill Permit Program (CWA Section 404);(7-1-24)

(3)Affected federal and state agencies with jurisdiction over fish, shellfish, wildlife, and other natural resources, state historic preservation officers, and any affected Indian tribes;(7-1-24)

(4)State agency responsible for plan development under CWA Sections 208(b)(2), 208(b)(4), or 303(e), and the US Army Corps of Engineers, the US Fish and Wildlife Service, and National Marine Fisheries Service;(7-1-24)

(5)User identified in the permit application of a privately owned treatment works;(7-1-24)

(6)Persons on a mailing list developed by:(7-1-24)

(a)Recording those who request in writing to be on the list;(7-1-24)

(b)Soliciting persons for area lists from participants in past permit proceedings in that area; and (c)Publishing notice of the opportunity to be on the mailing list on the Department’s website and through periodic publication in the local press and in regional and state-funded newsletters, environmental bulletins, state law journals, or similar publications. The Department may update the mailing list by requesting written indication of continued interest from those listed, and may delete from the list the name of a person who fails to respond to the Department’s request;(7-1-24)

(7)A unit of local government with jurisdiction over the area where the facility is proposed to be located; and(7-1-24)

(8)Each state agency with authority under state law for construction or operation of the facility;

ii.For a major facility permit, general permit, and permit that includes sewage sludge land application plans, by publishing a notice in a daily or weekly newspaper within the area affected by the facility or activity; and

iii.By a method that provides notice of the action to persons potentially affected by it, including press releases or another forum or media to elicit public participation. For IPDES major permits and general permits, in lieu of the requirement for publication of a notice in a daily or weekly newspaper, the Department may publish all notices of activities described in Subsection 109.01.a. to the Department’s website. If the Department selects this option for a draft permit, in addition to meeting the requirements in Subsection 109.01.e., the Department will post the draft permit and fact sheet on the website for the duration of the public comment period. The Department will ensure the methods of public notice effectively inform interested communities and allow access to the permitting process for those seeking to participate.(7-1-24)

e.A public notice issued under this subsection will contain at least:(7-1-24)

i.Name and address of the office processing the permit action for which notice is given and where comments may be submitted;(7-1-24)

ii.Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit, except for IPDES draft general permits;(7-1-24)

iii.Description of the business conducted at the facility or activity described in the permit application, or for general permits, when there is no application, in the draft permit;(7-1-24)

iv.Name, address, and telephone number of a person from whom interested persons may obtain information, including copies of the draft permit or draft general permit, fact sheet, and application;(7-1-24)

v.Description of the comment and public meeting procedures required by this subsection and the time and place of any meetings that will be held; if no meeting has been scheduled, procedures to request a meeting and by which the public may participate in the final permit decision;(7-1-24)

vi.Description of the location of each existing or proposed discharge point and the name of the receiving water;(7-1-24)

vii.Sludge use and disposal practices and the location of each sludge TWTDS and use or disposal sites known during permit application;(7-1-24) viii.Description of requirements applicable to cooling water intake structures under CWA Section 316(b), in accordance with 40 CFR 125.80 through 89, 125.90 through 99, and 125.130 through 139; and(7-1-24)

ix.Link to the Department’s website where interested parties can obtain copies of the draft permit, fact sheet, and the permit application, if any; and(7-1-24)

f.In addition to the information required by Subsection 109.01.e., the public notice for a draft permit for a discharge for which a request has been filed under the CWA Section 316(a) will include:(7-1-24)

i.Statement that the thermal component of the discharge is subject to effluent limits under CWA Sections 301 or 306, and a description, including a quantitative statement, of the thermal effluent limits proposed under CWA Section 301 or 306;(7-1-24)

ii.Statement that a request has been filed under CWA Section 316(a), that alternative less stringent effluent limits may be imposed on the thermal component of the discharge under CWA Section 316(a), and a description, including a quantitative statement, of the alternative effluent limits, if any, included in the request; and

iii.If the applicant has filed an early screening request under 40 CFR 125.72 for a variance under CWA Section 316(a), a statement that the applicant has submitted an early screening request.(7-1-24)

g.In addition to the public notice described in Subsection 109.01.e., the public notice of a meeting must contain:(7-1-24)

i.Reference to the date of previous public notices relating to the permit;(7-1-24)

ii.Date, time, and place of the meeting; and(7-1-24)

iii.Description of the nature and purpose of the meeting, including the applicable rules and procedures.(7-1-24)

h.The Department will mail a copy of the public notice described in Subsection 109.01.e. to persons identified in Subsections 109.01.d.i.(1), (2), (3), and (4).(7-1-24)

i.The Department will hold a public meeting whenever the Department finds, based on requests, a significant degree of public interest in a draft permit. The Department may also hold a public meeting if a meeting might clarify one (1) or more issues involved in the permit decision or for another reason in the Department’s discretion.(7-1-24)

02.Public Comment.(7-1-24)

a.During the public comment period, an interested person may submit written comments on the draft permit. Written comments must be submitted to the person identified in the notice and as specified in Subsection 109.01.e.(7-1-24)

b.During the public comment period, an interested person may request a public meeting if no public meeting has been scheduled. The Department will schedule and hold a public meeting if the Department determines that significant public interest exists in the draft permit.(7-1-24)

i.A request for a public meeting must be in writing and submitted to the Department within fourteen (14) days after the date of the public notice required by Subsection 109.01.(7-1-24)

ii.If a public meeting is held to receive comments, the Department will make an audio recording or hire a court reporter to record the meeting and will prepare a transcript of the meeting if an appeal is filed.(7-1-24)

c.If, during the comment period for an IPDES draft permit, the district engineer of the US Army Corps of Engineers advises the Department in writing that anchorage and navigation of the waters of the United States will be substantially impaired by granting a permit, the Department will deny the permit and notify the applicant of the denial. If the district engineer advises the Department that imposing specified conditions upon the permit is necessary to avoid substantial impairment of anchorage or navigation, the Department will include the specified conditions in the permit. Review or appeal of denial of a permit or of conditions specified by the district engineer must be sought through the procedures of the US Army Corps of Engineers and not through the state procedures. If a court of competent jurisdiction stays the conditions or if procedures of the US Army Corps of Engineers result in a stay of the conditions, those conditions must be considered stayed in the IPDES permit for the duration of the stay.(7-1-24)

d.If, during the comment period for an IPDES draft permit, the US Fish and Wildlife Service, the National Marine Fisheries Service, or another state or federal agency with jurisdiction over fish, wildlife, or public health advises the Department in writing that the imposition of specified conditions upon the permit is necessary to avoid substantial impairment of fish, shellfish, or wildlife resources, the Department may include the specified conditions in the permit to the extent the Department determines they are necessary to comply with the provisions of the CWA.(7-1-24)

e.In some cases, the Department may confer with one (1) or more of the agencies referred to in Subsections 109.02.c. and 109.02.d. before issuing a draft permit and may state an agency’s view in the fact sheet or the draft permit.(7-1-24)

f.The Department will consider all comments in making the final decision and will answer the comments as provided in this subsection.(7-1-24)

g.Requests for extending a public comment period must be received in writing by the Department before the last day of the comment period.(7-1-24)

h.After the public comment period closes and before issuing the final permit decision, the Department will allow the permit applicant to provide additional information to respond to public comments. To respond to comments, the Department may request the applicant provide additional information.(7-1-24)

03.Response to Comments. When issuing a final permit, the Department will issue a response to comments that will be available to the public.

The response must:(7-1-24)

a.Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and(7-1-24)

b.Describe and respond to significant comments on the draft permit raised during the public comment period or meetings.(7-1-24)

IDAPA 58.01.25.110 Ipdes Fee Schedule

01.Fee Schedule.(

a.Publicly and privately owned treatment works, and other dischargers designated by the Department (Subsection 105.11.a.), must pay an annual fee based on the number of 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:

i.The Department calculates facility EDUs; or(7-1-24)

ii.Existing facilities may annually report to the Department the number of EDUs served; or (7-1-24)

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.(7-1-24)

b.Other permitted IPDES dischargers must pay an annual fee, an application fee, or both according to:

This includes NOIs for construction that will disturb one or more acres of land, or will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land.

02.Fee Assessment.(7-1-24)

a.An annual fee assessment will be generated for each IPDES-permitted facility for which an annual fee is required under Subsection 110.01. Annual fees will be determined based on the twelve (12) months between October 1 and September 30 each year.(7-1-24)

b.Application Fees and Annual Fees.(7-1-24)

i.Application fees, as identified in Subsection 110.01.b., are assessed upon application submittal for coverage under an individual permit, or notice of intent for coverage or waiver under a general permit.(7-1-24)

ii.Owners or operators of multi-year storm water facilities or construction projects are subject to annual fees that will be assessed in the year (October through September) following the receipt of the application or notice of intent for coverage.(7-1-24)

c.Assessment of annual fees will consider the number of months a permittee was covered under either a general or an individual permit in a year (October through September of each year). If the permittee was covered for less than a full twelve (12) months, the assessed fee will be pro-rated to account for less than a full year’s Permit Type ApplicationAnnual Non-POTW Individual Permits Major$0$13,000 Minor$0$4,000 Storm Water General Permits Construction (CGP) 1-10 acres $200$0 >10-50 acres$400$75 >50-100 acres$750$100 >100-500 acres$1,000$400 >500 acres$1,250$400 Low Erosivity Waiver (CGP)$125$0 Industrial (MSGP) Permits$1,500$1,000 Cert. of No Exposure (MSGP)$250$100 Other General Permits$0$0 coverage under the permit.(7-1-24)

03.Billing. For permitted facilities subject to an annual fee, the annual fee will be assessed, and the Department will send a statement on or before October 1 of each year. The Department will also assess and send annual fee statements when permit coverage is terminated.(7-1-24)

04.Payment.(7-1-24)

a.Payment of the annual fee is due on December 31, unless it is a Saturday, Sunday, or legal holiday, in which event the payment is due on the successive business day. Payment of annual fees for terminated permit coverage is due at the time of termination. (7-1-24)

b.Payment of the application fee is due with the application for an individual permit or notice of intent for coverage under a general permit. The Department will not authorize IPDES permit payments upon receipt of the billing statement.(7-1-24)

c.A POTW may request, in writing, monthly or quarterly installment payments upon receipt of the billing statement. The Department will approve or deny the request and inform the POTW within ten (10) business days.(7-1-24)

05.Delinquent Unpaid Fees. A permittee covered under a general or individual permit will be delinquent in payment if the Department does not receive the assessed annual fee by January 1; or if the permittee opted to pay monthly or quarterly, its monthly or quarterly installment is not received by the Department by the last day of the month the payment is due.(7-1-24)

06.Suspension of Services and Disapproval Designation. Permittees delinquent in payment of fees assessed under Subsections 110.01 and 110.05:(7-1-24)

a.After ninety (90) days, the Department will suspend all technical services provided. The permittee will receive a warning letter identifying administrative enforcement actions the Department may pursue if the permittee does not comply with the terms of the permit.(7-1-24)

b.After one hundred and eighty (180) days, the Department will consider the permittee in noncompliance with permit conditions and these rules, and subject to provisions described in Section 500.(7-1-24)

07.Reinstatement of Suspended Services and Approval Status. Permittees for which delinquency of fee payment under Subsection 110.06 resulted in the suspension of technical services, determination of noncompliance of permit condition, or both, the continuation of technical services, determination of compliance based on payment of fee, or both, will occur upon payment of delinquent annual fee assessments.(7-1-24)

08.Enforcement Action. Nothing in Section 110 waives the Department’s right to undertake a non-fee related enforcement action at any time, including seeking penalties, as provided in Sections 39-108, 39-109, and 39- 117, Idaho Code.(7-1-24)

09.Responsibility to Comply. Subsection 110.06 does not relieve a permittee from its obligation to comply with the state and federal statutes, rules, regulations, permits, or orders.(7-1-24)

IDAPA 58.01.25.111 (Reserved)

IDAPA 58.01.25.120 New Sources and New Discharges

01.New Source Determination. Except as provi ded in a new source performance standard, a source is a new source if it meets the definition in Section 010, and:(7-1-24)

a.Is constructed at a site at which no other source is located; or(7-1-24)

b.Totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or(7-1-24)

c.Its processes are substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the Department will consider factors including the:(7-1-24)

i.Extent the new facility is integrated with the existing plant; and(7-1-24)

ii.Extent the new facility is engaged in the same general type of activity as the existing source.

02.New Source vs. New Discharger. A source meeting the requirements of Subsection 120.01 is a new source only if a new source performance standard independently applies to it. If no independent standard applies, the source is a new discharger, as defined in Section 010.(7-1-24)

03.Modification vs. New Source/Discharger. Construction on a site where an existing source is located, results in a modification subject to Subsection 201.02, rather than a new source (or a new discharger) if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection 120.01, but otherwise alters, replaces, or adds to existing process or production equipment.(7-1-24)

04.New Source Construction. Construction of a new source commences when the owner or operator:

a.Begins a new or restarts a continuous on-site construction program:(7-1-24)

i. Places, assembles, or installs facilities or equipment; or(7-1-24)

ii.Significantly prepares the site, including clearing, excavation, or removal of existing buildings, structures, or facilities for the placement, assembly, or installation of new source facilities or equipment; or (7-1-24)

b.Enters into a binding contractual obligation for purchasing facilities or equipment intended for use in its operation within a reasonable time. Items that do not constitute contractual obligations under this section include:(7-1-24)

i.Options to purchase or contracts that can be terminated or modified without substantial loss;

ii.Contracts for feasibility engineering; and(7-1-24)

iii.Design studies.(7-1-24)

IDAPA 58.01.25.121 (Reserved)

IDAPA 58.01.25.130 General Permits

01.Coverage. The Department may issue a general permit in accordance with the following: (7-1-24)

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 will correspond to existing geographic or political boundaries such as:(7-1-24)

i.Designated planning areas under CWA Sections 208 and 303;(7-1-24)

ii.Sewer districts or sewer authorities;(7-1-24)

iii.City, county, or state political boundaries;(7-1-24)

iv.State highway systems;(7-1-24)

v.Standard metropolitan statistical areas as defined by state or federal agencies;(7-1-24)

vi.Urbanized areas as designated by the U.S. Census Bureau; or(7-1-24)

vii.Another appropriate division or combination of boundaries.(7-1-24)

b.The general permit may be written to regulate one (1) or more categories or subcategories of discharges or sludge use or disposal practices or facilities, within the area described in Subsection 130.01.a., where the sources within a covered subcategory of discharges are either:(7-1-24)

i.Storm water point sources; or(7-1-24)

ii.One (1) or more categories or subcategories of point sources other than storm water point sources or TWTDS, if all:(7-1-24)

(1)Involve the same or substantially similar types of operations;(7-1-24)

(2)Discharge the same types of wastes or engage in the same types of sludge use or disposal practices;

(3)Require the same effluent limits, operating conditions, or standards for sewage sludge use or disposal;(7-1-24)

(4)Require the same or similar monitoring; and(7-1-24)

(5)In the opinion of the Department, are more appropriately controlled under a general permit than under individual permits.(7-1-24)

c.Where sources within a specific category or subcategory of dischargers are subject to water qualitybased limits imposed under Section 302, the sources in that specific category or subcategory are subject to the same water quality-based effluent limits.(7-1-24)

d.Other requirements:(7-1-24)

i.The general permit will clearly identify the applicable conditions for each category or subcategory of dischargers or TWTDS covered by the permit; and(7-1-24)

ii.The general permit may exclude specified sources or areas from coverage.(7-1-24)

iii.For general permits issued under Subsection 130.01.b. for small MS4s, the Department will establish the terms and conditions necessary to meet the requirements of 40 CFR 122.34 using one (1) of the two (2) permitting approaches described in Subsections 130.01.d.iii(1) and (2). The Department will indicate in the permit or fact sheet the approach used.(7-1-24)

(1)Comprehensive general permit. The Department includes all required permit terms and conditions in the general permit; or(7-1-24)

(2)Two-step general permit. The Department includes required permit terms and conditions in the general permit applicable to eligible small MS4s and, during the process of authorizing small MS4s to discharge, establishes additional terms and conditions not included in the general permit to satisfy one (1) or more of the permit requirements in 40 CFR 122.34 for individual small MS4 operators.(7-1-24)

(a)The general permit will require that a small MS4 operator seeking authorization to discharge under the general permit submit a Notice of Intent (NOI) consisting of the minimum required information in Subsection 130.05.b., and information the Director identifies as necessary to establish additional terms and conditions that satisfy the permit requirements of 40 CFR 122.34, such as the information required under Subsection 130.05.b. The general permit will explain other steps necessary to obtain permit authorization.(7-1-24)

(b)The Department will review the NOI submitted by the small MS4 operator to determine whether the information in the NOI is complete and to establish the additional terms and conditions necessary to meet the requirements of 40 CFR 122.34. The Department may require the small MS4 operator to submit additional information. If the Department makes a preliminary decision to authorize the small MS4 operator to discharge under the general permit, the Department will give the public notice of and opportunity to comment and request a public meeting on its proposed authorization and the NOI, proposed additional terms and conditions, and basis for these additional requirements. The public notice, process for submitting public comments and meeting requests, and meeting process if a request for a meeting is granted, will follow the procedures applicable to draft permits in Sections 108 and 109 except Subsection 109.01.d. The Department will respond to significant comments received during the comment period as provided in Subsection 109.03.(7-1-24)

(c)Upon authorization for the MS4 to discharge under the general permit, the final additional terms and conditions applicable to the MS4 operator become effective. The Department will notify the permittee and inform the public of the decision to authorize the MS4 to discharge under the general permit and of the final additional terms and conditions specific to the MS4.(7-1-24)

02.Electronic Submittals. As of December 21, 2020, notices of intent submitted in compliance with this section must be submitted electronically by the discharger (or treatment works treating domestic sewage) to the Department unless waived under 40 CFR 127.15.(7-1-24)

03.Information Retention Schedule. An applicant must keep records of all data used to complete a notice of intent and supplemental information submitted for a period of at least three (3) years from the date the notice of intent is signed.(7-1-24)

04.Notice of Intent.(7-1-24)

a.A person required under Subsections 102.01 through 102.03 must submit a notice of intent to the Department for coverage under an IPDES general permit as required in Subsection 130.05.(7-1-24)

b.A notice of intent must be signed and certified as required in Section 090.(7-1-24)

05.Administration.(7-1-24)

a.General permits may be issued, modified, revoked and reissued, or terminated in accordance with Sections 201 (Modification, or Revocation and Reissuance of IPDES Permits) and 203 (Termination of IPDES Permits).(7-1-24)

b.Authorization to discharge or engage in sludge use and disposal practices will follow these procedures:(7-1-24)

i.Except as provided in Subsections 130.05.b.xi. and 130.05.b.xii., a discharger must submit, in accordance with general permit requirements, a complete and timely notice of intent to fulfill the requirements for permit applications;(7-1-24)

ii.A discharger (or TWTDS) who fails to submit a notice of intent in accordance with the terms of the permit is not authorized to discharge (or for a sludge disposal permit, to engage in a sludge use or disposal practice) under the terms of the general permit unless:(7-1-24)

(1)The general permit, in accordance with Subsections 130.05.b.xi., contains a provision that a notice of intent is not required; or(7-1-24)

(2)The Department notifies a discharger (or TWTDS) that it is covered by a general permit in accordance with Subsection 130.05.b.xii.;(7-1-24)

iii.Notices of intent must be signed as required in Section 090;(7-1-24)

iv.The general permit will specify the contents of the notice of intent and require submitting information necessary for adequate program implementation, including at a minimum:(7-1-24)

(1)Legal name and address of the operator;(7-1-24)

(2)Facility name and address;(7-1-24)

(3)Type of facility, site, or discharges; and(7-1-24)

(4)Receiving stream;(7-1-24)

v.Coverage under a general permit may be terminated or revoked in accordance with Subsection 130.05.c. through e.;(7-1-24)

vi.Notices of intent for coverage under a general permit for CAFOs must include the information specified in Subsection 105.09 and 40 CFR 122.21(i)(1), including a topographic map;(7-1-24)

vii.CAFO owner or operator may be authorized to discharge under a general permit only in accordance with the process described in 40 CFR 122.23(h);(7-1-24) viii.General permits for storm water discharges associated with industrial activity from inactive mining, inactive oil and gas operations, or inactive landfills occurring on federal lands where an operator cannot be identified may contain alternative notice of intent requirements;(7-1-24)

ix.General permits will specify the deadlines for submitting notices of intent to be covered and the date(s) when a discharger is authorized to discharge under the permit;(7-1-24)

x.General permits will specify whether a discharger (or TWTDS), who has submitted a complete and timely notice of intent to be covered in accordance with the general permit and is eligible for coverage under the permit, is authorized to discharge (for a sludge disposal permit, to engage in a sludge use or disposal practice) in accordance with the permit:(7-1-24)

(1)Upon receipt of the notice of intent by the Department;(7-1-24)

(2)After a waiting period specified in the general permit;(7-1-24)

(3)On a date specified in the general permit; or(7-1-24)

(4)Upon receipt of notification of inclusion by the Department;(7-1-24)

xi.Discharges other than discharges from POTWs, combined sewer overflows, MS4s, primary industrial facilities, and storm water discharges associated with industrial activity, may, at the discretion of the Department, be authorized to discharge under a general permit without submitting a notice of intent when the Department finds that a notice of intent requirement is inappropriate. The Department will provide in the public notice of the general permit the reasons for not requiring a notice of intent. The Department will consider:(7-1-24)

(1)Type of discharge;(7-1-24)

(2)Expected nature of the discharge;(7-1-24)

(3)Potential for toxic and conventional pollutants in the discharges;(7-1-24)

(4)Expected volume of the discharges;(7-1-24)

(5)Other means of identifying discharges covered by the permit; and(7-1-24)

(6)Estimated number of discharges to be covered by the permit; and(7-1-24)

xii.The Department may notify a discharger (or TWTDS) that it is covered by a general permit, even if the discharger (or TWTDS) has not submitted a notice of intent to be covered. A discharger (or TWTDS) so notified may request an individual permit as specified in Subsection 130.05.d.(7-1-24)

c.The Department may terminate, revoke, or deny coverage under a general permit, and require the discharger or applicant to apply for and obtain an individual IPDES permit. An interested person may petition the Department to take action under this subsection. Cases where an individual IPDES permit may be required include:

i.Discharger or TWTDS is not in compliance with the conditions of the general permit;(7-1-24)

ii.Change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source or TWTDS;(7-1-24)

iii.ELGs are promulgated for point sources covered by the general permit;(7-1-24)

iv.Water Quality Management plan containing requirements for point sources is approved;(7-1-24)

v.Circumstances have changed since the time of the request to be covered so that the discharger is no longer appropriately controlled under the general permit, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary;(7-1-24)

vi.Standards for sewage sludge use or disposal have been promulgated for the sludge use and disposal practice covered by the general IPDES permit; or(7-1-24)

vii.Discharge is a significant contributor of pollutants. For this determination, the Department may consider:(7-1-24)

(1)Location of the discharge with respect to waters of the United States;(7-1-24)

(2)Size of the discharge;(7-1-24)

(3)Quantity and nature of the pollutants discharged to waters of the United States; and(7-1-24)

(4)Other relevant factors.(7-1-24)

d.Any owner or operator authorized by a general permit may request to be excluded from the coverage of the general permit by applying for an individual permit.(7-1-24)

i.The owner or operator must submit an application under Section 105, with reasons supporting the request, to the Department no later than ninety (90) days after the publication of the general permit.(7-1-24)

ii.The Department must process the request under Sections 106 (Individual Permit Application Review), 107 (Decision Process), 108 (Draft Permit and Fact Sheet) and 109 (Public Notification and Comment).

iii.The Department will grant a request by issuing an individual permit if the reasons cited by the owner or operator are adequate to support the request.(7-1-24)

e.When an individual IPDES permit is issued to an owner or operator otherwise subject to a general IPDES permit, the applicability of the general permit to the individual IPDES permittee is automatically terminated on the effective date of the individual permit.(7-1-24)

f.A source excluded from a general permit, solely because it already has an individual permit, may request that the individual permit be revoked, and that it be covered by the general permit. Upon revocation of the individual permit, the general permit will apply to the source.(7-1-24)

06.Case-by-Case Requirements for Individual Permits.(7-1-24)

a.The Department may require an owner or operator authorized by a general permit to apply for an individual IPDES permit as provided in Subsection 130.05.c., only if the owner or operator has been notified in writing that a permit application is required. This notice will include a statement of the reasons for this decision, an application form, a statement setting a time for the owner or operator to file the application, a statement that on the effective date of the individual IPDES permit, the general permit as it applies to the individual permittee automatically terminates, and a statement that the owner or operator may appeal the Department’s decision as provided in Section 204. The Department may grant additional time upon request of the applicant.(7-1-24)

b.Before a case-by-case determination that an individual permit is required for a storm water discharge under this section (40 CFR 122.26(a)(1)(v), (a)(9)(iii), and Subsection 105.19), the Department may require the discharger to submit a permit application or other information regarding the discharge described in the CWA Section 308.(7-1-24)

i.When requiring information, the Department will notify the discharger in writing and send an application with the notice.(7-1-24)

ii.The discharger must apply for a permit within one hundred eighty (180) days of notice, unless permission for a later date is granted by the Department.(7-1-24)

IDAPA 58.01.25.131 (Reserved)

IDAPA 58.01.25.200 Renewal of Ipdes Permits

01.Interim Effluent Limits. Except as provi ded in Subsection 200.02, when a permit is renewed or reissued, interim effluent limit, standards or conditions must be at least as stringent as the final effluent limits, standards, or conditions in the previous permit unless the circumstances on which the previous permit:(7-1-24)

a.Materially and substantially changed since the time the permit was issued; and(7-1-24)

b.Constitute cause for permit modification or revocation and reissuance under Subsection 201.02.

02.Final CWA Section 402(a)(1)(B) Effluent Limits. For effluent limits established by the Department based on CWA Section 402(a)(1)(B), a permit may not be renewed, reissued, or modified based on ELGs promulgated under CWA Section 304(b) after the original issuance of a permit, to contain effluent limit that are less stringent than the comparable effluent limits in the previous permit, except a permit may be renewed, reissued, or modified to contain a less stringent effluent limit applicable to a pollutant, if:(7-1-24)

a.Material and substantial alterations or additions to the permitted facility occurred after permit issuance justifying the application of a less stringent effluent limit;(7-1-24)

b.Information is available that:(7-1-24)

i. Was not available during permit issuance (other than revised regulations, guidance, or test methods) and justifies the application of a less stringent effluent limit during permit issuance; or(7-1-24)

ii.The Department determines technical mistakes or mistaken interpretations of law were made in issuing the permit under CWA Section 402(a)(1)(b);(7-1-24)

c.A less stringent effluent limit is necessary because of events over which the permittee has no control and there is no reasonably available remedy;(7-1-24)

d.The permittee received a permit modification under CWA Sections 301(c), 301(g), 301(i), 301(k), 301(n), or 316(a); or(7-1-24)

e.The permittee installed the treatment facilities required to meet the effluent limits in the previous permit and properly operated and maintained the facilities but has not achieved the previous effluent limits. The limits in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but will not be less stringent than required ELGs in effect during permit renewal, reissuance, or modification). (7-1-24)

03.Final CWA Section 301(b)(1)(C) or 303 Effluent Limits. For effluent limits based on CWA Sections 301(b)(1)(C), 303(d), or (e), a permit may not be renewed, reissued, or modified to contain effluent limits less stringent than the comparable effluent limits in the previous permit except when:(7-1-24)

a.One of the exceptions in Subsection 200.02 apply; or(7-1-24)

b.The water where the discharge occurs is identified as impaired on Idaho’s Integrated Report and the effluent limit is based on a TMDL or other waste load allocation established under CWA Section 303, if the cumulative effect of all revised effluent limits based on the TMDL or waste load allocation will ensure attainment of applicable water quality standards; or(7-1-24)

c.The water quality where the discharge occurs meets or exceeds levels required by the water quality standards, and the effluent limit is based on a TMDL or other waste load allocation established under the CWA Section 303, any water quality standard, or permitting standard, if the revision is subject to and consistent with the antidegradation policy and implementation procedures in the water quality standards.(7-1-24)

04.Effluent Limits and Water Quality Standards. In no event may a permit to which Subsection 200.02 or 200.03 applies be renewed, reissued, or modified to contain an effluent limit less stringent than required by ELGs 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 limit if implementing the limit results in a violation of a water quality standard under IDAPA 58.01.02, “Water Quality Standards.”(7-1-24)

IDAPA 58.01.25.201 Modification, or Revocation and Reissuance of Ipdes Permits

01.Procedures to Modify, or Revoke and Reissu e Permits.(7-1-24)

a.Permits may be modified, or revoked and reissued, at the request of an interested person (including the permittee) or upon the Department’s initiative. Permits may only be modified, or revoked and reissued, for reasons in Subsection 201.02. Requests must be in writing and contain facts or reasons supporting the request.

b.If the Department tentatively decides to modify, or revoke and reissue, a permit, the Department will prepare a draft permit under Section 108, incorporating the proposed changes.(7-1-24)

i.The Department may request additional information, and for a modified permit, may require submittal of an updated application. If the tentative decision is to revoke and reissue a permit, the Department will require submittal of a new application.(7-1-24)

ii.In a permit modification, only those conditions to be modified will be reopened when a new draft permit is prepared. All other aspects of the existing permit remain in effect for the duration of the unmodified permit.

iii.When a permit is revoked and reissued, the entire permit is reopened as if the permit had expired and is being reissued. During a revocation and reissuance proceeding, the permittee must comply with the conditions of the existing permit until a new final permit is reissued.(7-1-24)

iv.Minor modifications, defined in Subsection 201.03, do not require development of a draft permit, and fact sheet, and are not subject to public notification and comment.(7-1-24)

02.Causes to Modify, or Revoke and Reissue Permits. When the Department receives pertinent information (e.g., facility inspection, information submitted as required by the permit, a request for modification or revocation and reissuance under Subsection 201.01, or permit file review), the Department may determine whether one (1) or more of the causes listed in Subsections 201.02.c. and 201.02.d. for modification or revocation and reissuance or both exist.(7-1-24)

a.If cause exists, the Department may modify or revoke and reissue the permit, subject to the limits of Subsection 201.01.b., and may request a new or updated application, if necessary.(7-1-24)

b.If cause does not exist, the Department will not modify or revoke and reissue the permit. (7-1-24)

c.The following are causes for modification but not revocation and reissuance of permits except when the permittee requests or agrees:(7-1-24)

i.Material and substantial alterations or additions to the permitted facility or activity (including a change in the permittee's sludge use or disposal practice) occurred after permit issuance and justify permit conditions that are different or absent in the existing permit.(7-1-24)

ii.The Department has received new information. Permits may be modified during their terms for this cause only if the information was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and justifies the application of different permit conditions at the time of issuance: (7-1-24)

(1)For IPDES general permits (Section 130), cause includes information indicating that cumulative effects on the environment are unacceptable; and(7-1-24)

(2)For new source or new discharger IPDES permits (Section 120), cause includes significant information derived from effluent testing required under Subsection 105.08 or 105.16 after issuance of the permit.

iii.The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits may be modified during their terms for this cause only:(7-1-24)

(1)For promulgation of amended standards or regulations, when:(7-1-24)

(a)The requested modification was based on a promulgated ELG, EPA approved or promulgated water quality standards, or the Secondary Treatment Regulations under 40 CFR Part 133;(7-1-24)

(b)The EPA revised, withdrew, or modified that portion of the regulation or ELG on which the permit condition was based, or approved a state action for a water quality standard on which the permit condition was based;

(c)A permittee requests modification under Subsection 201.01 or 203.01 within ninety (90) days after notice of the action on which the request is based.(7-1-24)

(2)For judicial decisions, a court of competent jurisdiction remanded and stayed EPA or Idaho promulgated regulations or ELGs, if the remand and stay concerns that portion of the regulations or guidelines on which the permit condition was based, and a request is filed by the permittee under Subsection 201.01 or 203.01 within ninety (90) days of judicial remand.(7-1-24)

iv.The Department determines good cause exists for modifying a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events that the permittee has little or no control and no reasonably availa ble remedy exists. A compliance schedule must not be modified to extend beyond the CWA statutory deadline.

v.When the permittee has filed a request for a variance under CWA Sections 301(c), 301(g), 301(i), 301(k), or 316(a) or for fundamentally different factors within the time specified in Section 310.(7-1-24)

vi.When required to incorporate an a CWA Section 307(a) toxic effluent standard or prohibition, under Subsection 302.04.(7-1-24)

vii.When required by the reopener conditions in a permit, established in the permit under Subsection 302.05 or 40 CFR 403.18(e) (Pretreatment Standards).(7-1-24) viii.Upon request of a permittee who qualifies for effluent limits on a net basis, or when a discharger is no longer eligible for net limits, as provided in Subsection 303.07.(7-1-24)

ix.As necessary under 40 CFR 403.8(e) (Pretreatment Program Requirements: Development and Implementation by POTW).(7-1-24)

x.Upon failure of an approved state to notify, as required by CWA Section 402(b)(3), another state whose waters may be affected by a discharge from the approved state.(7-1-24)

xi.When the level of discharge of pollutants not limited in the permit exceeds the level that can be achieved by the technology-based treatment requirements appropriate to the permittee under 40 CFR 125.3(c).

xii.To establish a notification level as provided in Subsection 302.08.(7-1-24) xiii.To modify a compliance schedule to reflect the time lost during construction of an innovative or alternative facility, for a POTW that received a loan under IDAPA 58.01.12, “Rules for Administration of Water Pollution Control Loans.” The compliance schedule must not be modified to extend beyond the CWA statutory deadline.(7-1-24)

xiv.For a small MS4, to include an effluent limit requiring implementation of minimum control measures as specified in 40 CFR 122.34(b) when:(7-1-24)

(1)The permit does not include measure(s) based upon the determination that another entity was responsible for implementing the requirement, and(7-1-24)

(2)The other entity fails to implement measure that satisfy the requirement.(7-1-24)

xv.To correct technical errors in calculation, or mistaken interpretations of law made in determining permit conditions.(7-1-24)

xvi.When the discharger has installed the treatment technology considered by the permit writer in setting effluent limits imposed under CWA Section 402(a)(1) and has properly operated and maintained the facilities but has not achieved those effluent limits. The limits in the modified permit may reflect the level of pollutant control achieved (but must not be less stringent than required by a subsequently promulgated ELG).(7-1-24) xvii.The incorporation of the terms of a CAFO’s nutrient management plan into the terms and conditions of a general permit when a CAFO obtains coverage under a general permit in accordance with 40 CFR 122.23(h), and Section 130 is not a cause for modification under the requirements of this section.(7-1-24) xviii.When required by a permit condition to incorporate a land application or sludge disposal plan for beneficial reuse of sewage sludge, to revise an existing land application or sludge disposal plan, or to add a land application or sludge disposal plan as required by IDAPA 58.01.16.650, “Wastewater Rules,” and Section 380.

d.The following are causes to modify or revoke and reissue a permit:(7-1-24)

i.Cause exists for termination under Subsection 203.03, and the Department determines that modification or revocation and reissuance is appropriate;(7-1-24)

ii.The Department has received notification, as required in the permit, of a proposed transfer of the permit; or(7-1-24)

iii.A permit also may be modified to reflect a transfer after the effective date of an automatic transfer (Subsection 202.02) but will not be revoked and reissued after the effective date of the transfer except upon the request of the new permittee.(7-1-24)

03.Minor Modifications of Permits. Upon the consent of the permittee, the Department may modify a permit to correct or allow for changes in the permitted activity listed in this subsection without following the procedures of Sections 108 (Draft Permit and Fact Sheet), 109 (Public Notification and Comment), and Subsection 201.01. A permit modification not processed as a minor modification under this subsection must be made for cause and meet the requirements of Section 108 and Section 109. Minor modifications may:(7-1-24)

a.Correct typographical errors;(7-1-24)

b.Require more frequent or not less frequent monitoring or reporting by the permittee;(7-1-24)

c.Change an interim compliance date in a compliance schedule, provided the new date is not more than one hundred twenty (120) days after the date specified in the existing permit and does not interfere with attaining the final compliance date requirement;(7-1-24)

d.Allow for a change in ownership or operational control of a facility where the Department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Department;(7-1-24)

e.Change the construction schedule for a discharger that is a new source. No change affects a discharger's obligation to have pollution control equipment installed and in operation before discharge under Section 120, and 40 CFR 122.29(d);(7-1-24)

f.Delete a point source outfall when the discharge from that outfall is terminated and does not result in discharge of pollutants from other outfalls except under permit limits;(7-1-24)

g.Incorporate conditions of a POTW pretreatment program approved in accordance with 40 CFR 403.11 or a modification approved in accordance with 40 CFR 403.18 as enforceable conditions of the POTW's permits;(7-1-24)

h.Incorporate changes to the terms of a CAFO’s nutrient management plan that were revised in accordance with 40 CFR 122.42(e)(6); or(7-1-24)

i.Require electronic reporting requirements (to replace paper reporting requirements) specified in 40 CFR Part 127 (NPDES Electronic Reporting).(7-1-24)

IDAPA 58.01.25.202 Transfer of Ipdes Permits

01.Transfers by Modification. Except as pro vided in Subsection 202.02, a permit may be transferred by the permittee to a new owner or operator only if the permit was modified or revoked and reissued under Subsection 201.02.d., or a minor modification was made under Subsection 201.03, to identify the new permittee and incorporate other requirements necessary under the CWA.(7-1-24)

02.Automatic Transfers. As an alternative to transfers by modification, an IPDES permit may be automatically transferred to a new permittee if the:(7-1-24)

a.Current permittee notifies the Department at least thirty (30) days before the proposed transfer date;

b.Notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee; and (7-1-24)

c.Department does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. A modification under this subsection may be a minor modification under Subsection 201.03. If this notice is not received, the transfer is effective on the date specified in the agreement.

IDAPA 58.01.25.203 Termination of Ipdes Permits

01.Request to Terminate or Termination Initiated by the Department. Permits may be terminated either at the request of an interested person (including the permittee) or upon the Department’s own initiative. Permits may only be terminated for the reasons specified in Subsection 203.03 or 203.04.(7-1-24)

a.Request for termination by persons other than the permittee must be submitted in writing to the

b.As of December 21, 2020, NOTs must be submitted electronically by the permittee to the Department to comply with this section and 40 CFR Part 127 unless waived under 40 CFR 127.15. 40 CFR Part 127 does not eliminate existing requirements for electronic reporting. Independent of 40 CFR Part 127, the permittee may be required to report electronically if specified by a particular permit.(7-1-24)

02.Tentative Permit Termination. Except as provided in Subsection 203.04, if the Department tentatively decides to terminate a permit under Subsection 203.03, the Department will issue a notice of termination.

A notice of termination will be available for public comment, and the Department will give notice of an opportunity for public meetings, as specified in Section 109.(7-1-24)

03.Cause to Terminate Permits. The following are causes for terminating a permit during its term, or for denying a permit renewal application:(7-1-24)

a.Noncompliance by the permittee with conditions of the permit;(7-1-24)

b.Permittee's failure in the application or during the permit issuance process to fully disclose relevant facts, or the permittee's misrepresentation of relevant facts at any time;(7-1-24)

c.Determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; or(7-1-24)

d.Change in a condition that requires either a temporary or permanent reduction or elimination of a discharge or sludge use or disposal practice controlled by the permit (e.g., plant closure or termination of discharge by connection to a POTW), or other situations where the Department has sufficient basis for determining discharge will cease.(7-1-24)

04.Expedited Termination Process for Terminated or Eliminated Discharge. If the entire discharge is permanently terminated by eliminating flow or connecting to a POTW (but not by land application or disposal into a well), the Department may terminate the permit by notice to the permittee.(7-1-24)

a.Termination by notice becomes effective thirty (30) days after notice is sent (expedited permit termination), unless the permittee objects within that time.(7-1-24)

b.If the permittee objects during that period, the Department will follow procedures for termination in Subsection 203.02.(7-1-24)

c.Expedited permit termination procedures are not available to permittees subject to pending state and/or federal enforcement actions including citizen suits brought under federal law. If requesting expedited permit termination procedures, a permittee must certify it is not subject to pending state or federal enforcement actions including citizen suits brought under federal law.(7-1-24)

IDAPA 58.01.25.204 Appeals Process

01.Petition for Review of a Permit Decision. Appeal of a final IPDES permit decision, issued under Section 107, to the Hearing Authority is commenced by filing a Petition for Review with the Department’s Hearing Coordinator within the time prescribed in Subsection 204.01.b. The “Hearing Authority” will be a Hearing Officer appointed by the Director from a pool of Hearing Officers approved by the Board.(7-1-24)

a.A person who is aggrieved by the final permit decision may file a Petition for Review as provided in this section. A person aggrieved is limited to the permit holder or applicant, and a person or entity who filed comments or who participated in the public meeting on the draft permit.(7-1-24)

b.A Petition for Review must be filed with the Department’s Hearing Coordinator within twentyeight (28) days after the Department serves notice of the final permit decision under Section 107. A petition is filed when it is received by the Department’s Hearing Coordinator at the address specified in Subsection 204.13. (7-1-24)

c.In addition to meeting the requirements in Subsection 204.06, a Petition for Review must: (7-1-24)

i.Be confined to the issues raised during the public comment process or to changes made to the permit by the Department after the close of the public comment period;(7-1-24)

ii.Identify the permit condition or other specific aspect of the permit decision being challenged;

iii.State the legal and factual basis for the petitioner’s contentions;(7-1-24)

iv.State the relief sought; and(7-1-24)

v.State the basis for asserting the petitioner is an aggrieved person.(7-1-24)

02.Public Notice of the Petition for Review. Within fourteen (14) days of the date a Petition for Review has been filed, the Hearing Authority must give reasonable notice to the public of the petition.(7-1-24)

03.Administrative Record Filed By the Department. The Department will file a certified copy of the administrative record, as identified in Section 600, with an index within twenty-eight (28) days of the date the Petition for Review was filed.(7-1-24)

04.Participation by the Permit Applicant or Permit Holder. A permit applicant or permit holder who did not file a petition but who wishes to participate in the appeal process must file a notice of appearance within twenty-eight (28) days of the date the Petition for Review was filed.(7-1-24)

05.Petition to Intervene. A person who has a direct and substantial interest in the outcome of the Petition for Review may file a Petition to Intervene.(7-1-24)

a.The Petition to Intervene must state the interest of the intervener, and why intervention will not unduly broaden the issues and cause delay or prejudice to the parties.(7-1-24)

b.Petitions to Intervene must be filed within fourteen (14) days of the notice of filing of the Petition for Review.(7-1-24)

c.Any party opposing a Petition to Intervene must file objections within seven (7) days after service of the Petition to Intervene and serve the objection upon all parties of record and upon the person petitioning to intervene.(7-1-24)

d.If a Petition to Intervene shows direct and substantial interest in the outcome of the Petition for Review, does not unduly broaden the issues, and will not cause delay or prejudice to the parties, the Hearing Authority must grant intervention.(7-1-24)

06.Content and Form Requirements for Petitions and Briefs. Petitions and briefs filed under this section must:(7-1-24)

a.Identify, in the caption, the permit applicant or holder, permitted facility, and permit number. In the caption, include the case number, if available during filing, and title of the document, and(7-1-24)

b.Specify on the upper left corner of the first page, the name, address, telephone number, e-mail address and facsimile number, if any, of the person filing the document. If the person filing the document is a representative of a party as provided in Subsection 204.11, the document must identify the name of the person or entity represented. No more than two (2) representatives for service of documents may be listed.(7-1-24)

07.Augmenting the Administrative Record. Consideration of the Petition for Review by the Hearing Authority is limited to the certified administrative record unless, upon the request of a party, the Hearing Authority allows the record to be augmented. A request to augment the record must be filed within fourteen (14) days of the filing of the certified administrative record, unless intervention is granted, in which case the request to augment must be filed within fourteen (14) days of the date the order granting intervention is issued. The Hearing Authority may allow the record to be augmented if the requesting party shows that the additional information is material, is relevant to the issues raised in the appeal and that:(7-1-24)

a.Good reasons exist for failure to present the information during the permitting proceeding; or

b.Alleged irregularities exist in the permitting proceeding and the party wishes to introduce evidence of the alleged irregularities.(7-1-24)

08.Brief of the Petitioner. Once requests to augment the record and motions to intervene have been determined, the Hearing Authority must issue an order notifying the parties that the administrative record has been settled and the date the petitioner must file a brief in support of the Petition for Review. In addition to meeting the requirements of Subsection 204.06, the brief must include:(7-1-24)

a.Legal arguments and citations to legal authority supporting the allegations in the Petition for Review; and(7-1-24)

b.Factual support for the allegations in the Petition for Review, including citations to the administrative record.(7-1-24)

c.Statement whether the party requests an opportunity for oral argument.(7-1-24)

09.Response Briefs. Unless an alternative date is set by the Hearing Authority, the Department and all other parties must file response briefs within twenty-eight (28) days of the service of the petitioner’s brief. In addition to meeting the requirements of Subsection 204.06, the response briefs must include:(7-1-24)

a.Response to the arguments and assertions in the petitioner’s brief (either in support or opposed);

b.Citation to legal authorities and facts in the administrative record relied upon; and(7-1-24)

c.Statement whether the party requests an opportunity for oral argument.(7-1-24)

10.Reply Briefs by the Petitioner. Unless an alternative date is set by the Hearing Authority, the petitioner may file a reply brief within fourteen (14) days after service of response briefs. A petitioner may not raise new issues or arg uments in the reply.(7-1-24)

11.Representation of Parties. Unless otherwise authorized or required by law, appearances and representation of parties or other persons are as follows:(7-1-24)

a.A natural person may represent himself or herself or be represented by an attorney or, if the person lacks full legal capacity to act for himself or herself, then by a legal guardian or guardian ad litem or representative of an estate;(7-1-24)

b.General partnership may be represented by a partner or an attorney;(7-1-24)

c.Corporation, or any other business entity other than a general partnership, must be represented by an attorney;(7-1-24)

d.Municipal corporation, local government agency, unincorporated association or nonprofit organization must be represented by an attorney; or(7-1-24)

e.State, federal, or tribal governmental entity or agency must be represented by an attorney. (7-1-24)

12.Substitution and Withdrawal of Representatives. A party's representative may change and a new representative may be substituted by notice to all parties if the proceedings are not unreasonably delayed.

Representatives who wish to withdraw from a proceeding must immediately file a motion to withdraw representation and serve that motion on the party represented and all other parties.(7-1-24)

13.Filing and Service Requirements.(7-1-24)

a.Documents must be filed with the Hearing Coordinator and may be filed by email, US mail, handdelivery, or fax. The Hearing Coordinator assigns case docket numbers, maintains case records. and issues notices on behalf of the Department. Information for filing documents is available at www.deq.idaho.gov/petitions-for-review.

The documents are deemed to be filed on the date received by the Hearing Coordinator. Upon receipt of the filed document, the Hearing Coordinator will provide confirmation to the originating party.(7-1-24)

b.Documents filed after the petition must be served on all parties or representatives, unless otherwise directed by the Hearing Authority.(7-1-24)

c.Service of documents on the named representative is valid service upon the party for all purposes in the proceeding.(7-1-24)

14.Proof of Service. Every document meeting conditions for service must be attached to or accompanied by proof of service. A certificate of service template is available at https://www.deq.idaho.gov/publicinformation/laws-guidance-and-orders/petitions-for-review-and-precedential-orders(7-1-24)

15.Motions. A request for an interlocutory or procedural order or other relief must be made by written motion unless these rules prescribe another form.(7-1-24)

a.A motion must specifically state the grounds for the motion, the relief sought, and the legal argument supporting the motion. Before filing a motion, parties must attempt to ascertain whether the other parties concur or object to the motion and indicate in the motion the attempt made and the response obtained.(7-1-24)

b.A party may file a response to a motion. Responses must specifically state the grounds for opposition and the legal argument supporting the motion. The response must be filed within fifteen (15) days after service of the motion unless the Hearing Authority shortens or extends the time for response.(7-1-24)

c.A reply to a response must be filed within ten (10) days after service of the response. A reply must not introduce new issues or arguments and may respond only to matters presented in the response.(7-1-24)

d.The Hearing Authority may act on a motion for a procedural order at any time without a response.

e.Parties must file motions for extensions of time before the due date to allow other parties reasonable opportunity to respond to the request for more time and to provide the Hearing Authority with a reasonable opportunity to issue an order before the due date.(7-1-24)

16.Oral Argument. The Hearing Authority may hold oral argument on its own initiative or at its discretion in response to a request by one or more of the parties.(7-1-24)

17.Withdrawal of Permit or Portions of Permit by the Department. The Department may, at any time, upon notification to the Hearing Authority and all parties, withdraw the permit or specified portions of the permit and prepare a new draft permit under Section 108 addressing the portions withdrawn. The new draft permit will proceed through the same process of public comment and opportunity for a public meeting as other draft permits.

If applicable, portions of the permit that are not withdrawn continue to apply, unless stayed under Sections 205 (Contested Permit Conditions) and 206 (Stays of Contested Permit Conditions). For those portions of the permit that DEQ does not withdraw that are part of the appeal, the appeal will continue.(7-1-24)

18.Request to Dismiss Petition. The petitioner, by motion, may request the Hearing Authority to dismiss its appeal. The motion must state the reason for its request.(7-1-24)

19.Burden of Proof. The petitioner has the burden of proving the allegations in the Petition for Review. Factual allegations must be proven by a preponderance of the evidence.(7-1-24)

20.Appointment of Hearing Officers. The Hearing Authority will be a Hearing Officer appointed by the Director from a pool of Hearing Officers approved by the Board. Hearing Officers should be persons with technical expertise or experience in the issues involved in IPDES appeals. Notice of appointment of a Hearing Officer will be served on all parties. No Hearing Officer will be appointed who has a conflict of interest as defined in 40 CFR 123.25(c).(7-1-24)

21.Scope of Authority of the Hearing Authority. The Hearing Authority has authority:(7-1-24)

a.To set schedules and take other actions to ensure an efficient and orderly adjudication of the issues raised in the Petition for Review;(7-1-24)

b.To hear and decide motions; and(7-1-24)

c.To issue an order that decides the issues raised in the appeal, including findings of fact and conclusions of law. The required contents of an order are stated in Subsection 204.24.(7-1-24)

22.Ex Parte Communications. The Hearing Authority must not communicate, directly or indirectly, regarding substantive issues in the permit appeal with any party, except upon notice and opportunity for all parties to participate in the communication. The Hearing Authority may communicate ex parte with a party concerning procedural matters (e.g., scheduling). When the Hearing Authority becomes aware of a written ex parte communication regarding a substantive issue from a party or representative of a party during an appeal, the Hearing Authority shall place a copy of the communication in the case file and order the party providing the written communication to serve a copy of the written communication upon all parties of record. Written communications from a party showing service upon all other parties are not ex parte communications.(7-1-24)

23.Alternative Dispute Resolution. Parties to the permit appeal may agree to use alternative dispute resolution.(7-1-24)

24.Final Orders.Final orders are issued by the Hearing Authority upon review of the petitions, briefs, and the administrative record on appeal. Motions for reconsideration of a final order will not be considered. Final orders must contain:(7-1-24)

a.A reasoned statement in support of the decision;(7-1-24)

b.Findings of fact, with reference to the portions of the administrative record that support the findings. The findings of fact must be based exclusively on the administrative record, or if augmented during the appeal, the augmented record;(7-1-24)

c.Conclusions of law with respect to legal issues raised in the appeal;(7-1-24)

d.The final order must either affirm the permitting decision, or vacate and remand the decision to the Department with instructions; and(7-1-24)

e.A statement of the right to judicial review as stated in Section 204.26.(7-1-24)

25.Final Agency Action for Purposes of Judicial Review.(7-1-24)

a.Filing a Petition for Review is a prerequisite to seeking judicial review of the Department’s permitting decision.(7-1-24)

b.For judicial review under Sections 39-107 and 67-5270, Idaho Code, final agency action or determination regarding an appeal of a permit occurs when a final order that affirms the Department’s permitting decision is issued.(7-1-24)

c.An order that vacates and remands the decision to the Department with instructions is not a final agency action for judicial review.(7-1-24)

26.Petition for Judicial Review.(7-1-24)

a.Any person aggrieved by a final agency action or determination by the Department as defined in Subsection 204.25 has a right to judicial review by filing a petition for judicial review.(7-1-24)

b.The petition for judicial review must be:(7-1-24)

i.Filed with the Hearing Coordinator in accordance with Subsection 204.13 and with the district court pursuant to Section 67-5272, Idaho Code; and(7-1-24)

ii.Served on the Hearing Authority, all parties, the Director of the Department, and the Attorney General of the State of Idaho.(7-1-24)

c.Pursuant to Section 67-5273, Idaho Code, a petition for judicial review of a final agency action must be filed within twenty-eight (28) days of the service date of a final order issued by the Hearing Authority.

27.IPDES General Permits.(7-1-24)

a.Persons affected by an IPDES general permit may not file a petition under this section or otherwise challenge the conditions of a general permit in further Department proceedings. Instead, they may:(7-1-24)

i.Challenge the conditions in a general permit by filing an action in court; or(7-1-24)

ii.Apply for an individual IPDES permit under Section 105, as authorized in Section 130, and may then petition the Hearing Authority to review the individual permit.(7-1-24)

b.As provided in Subsection 130.05.c., any interested person may also petition the Department to require an individual IPDES permit for any discharger eligible for authorization to discharge under an IPDES general

c.The Department’s decision to terminate, revoke or deny coverage under a general permit and to require application for an individual permit may be appealed under Section 204.(7-1-24)

28.Appeals of Variances.(7-1-24)

a.When the Department issues a permit on which EPA has made a variance decision, separate appeals of the Department permit and EPA variance decision are possible. If the owner or operator is challenging the same issues in both proceedings, the EPA Region 10 Administrator will decide, in consultation with the Department, which case will be heard first.(7-1-24)

b.Variance decisions made by EPA may be appealed under the provisions of 40 CFR 124.19.

c.Stays for variances other than CWA Section 301(g) variances are governed by Section 205 and 206.

IDAPA 58.01.25.205 Contested Permit Conditions

01.Force and Effect of Conditions. A s provided in Subsection 206.01, if an appeal of a permit decision is filed under Section 204, the force and effect of the contested conditions of the permit are stayed until final Department action. The Department will notify the discharger and interested parties of the uncontested conditions of the permit that are enforceable obligations of the discharger in accordance with Subsection 206.01.c.(7-1-24)

02.Control Technologies. When effluent limitations are contested, but the underlying control technology is not, the notice will identify the installation of the technology in accordance with the compliance schedules as an uncontested, enforceable obligation of the permit.(7-1-24)

03.Combination of Technologies. When a combination of technologies is contested, but a portion of the combination is not contested, that portion must be identified as uncontested if compatible with the combination of technologies proposed by the requester.(7-1-24)

04.Inseverable Conditions. Uncontested conditions, if inseverable from a contested condition, must be considered contested.(7-1-24)

05.Enforceable Dates. Uncontested conditions become enforceable thirty (30) days after the date of notice under Subsection 205.01.(7-1-24)

06.Uncontested Conditions. Uncontested conditions include:(7-1-24)

a.Preliminary design and engineering studies or other requirements necessary to achieve the final permit conditions that do not entail substantial expenditures; and(7-1-24)

b.Permit conditions that must be met regardless of the outcome of the appeal under Section 204.

IDAPA 58.01.25.206 Stays of Contested Permit Conditions

01.Stays.(7 -1-24)

a.If a Petition for Review of an IPDES permit under Section 204 is filed, the contested permit conditions are stayed pending final Department action. Uncontested permit conditions are stayed only until the date specified in Subsection 206.01.b. If the permit involves a new facility or new injection well, new source, new discharger or a recommencing discharger, the applicant will not be issued a permit for the proposed new facility, injection well, source, or discharger pending final Department action.(7-1-24)

b.Uncontested conditions that are not severable from those contested are stayed together with the contested conditions. The Department will identify the stayed provisions of permits for existing facilities, injection wells, and sources. Other provisions of the permit for the existing facility, injection well, or source become fully effective and enforceable thirty (30) days after the date of the notification required in Subsection 206.01.c. (7-1-24)

c.As soon as possible after receiving notification from the Hearing Coordinator of the filing of a Petition for Review, the Department will notify the Hearing Authority, applicant, and other parties of the uncontested (and severable) conditions of the final permit that will become fully effective, enforceable obligations of the permit on the date specified in Subsection 206.01.b., and the notice must comply with the requirements of Section 205.

02.Stays Based on Cross Effects.(7-1-24)

a.The Department may grant a stay based on the grounds that an appeal to the Hearing Authority under Section 204 of one permit may result in changes to another Department-issued IPDES permit only when each of the permits involved has been appealed to the Department.(7-1-24)

b.No stay of an EPA-issued NPDES permit may be granted based on the stay of a Department-issued IPDES permit except at the discretion of the EPA Region 10 Administrator and only upon written request from the

03.Permittee Responsibilities. Any facility or activity holding an existing permit must:(7-1-24)

a.Comply with the conditions of the permit during any modification or revocation and reissuance proceeding under Section 201; and(7-1-24)

b.To the extent conditions of a new permit are stayed, comply with the conditions of the existing permit correspond to the stayed conditions, unless compliance with the existing conditions is technologically incompatible with compliance with other new permit conditions that have not been stayed.(7-1-24)

IDAPA 58.01.25.207 (Reserved)

IDAPA 58.01.25.300 Conditions Applicable to All Permits

The following conditions apply to all IPDES permits. Additional conditions are in Sections 301 (Permit Conditions for Specific Categories), 302 (Establishing Permit Provisions), and 40 CFR 122.42(e). All applicable conditions will be incorporated into IPDES permits expressly or by reference. If incorporated by reference, a specific citation must be given in the permit.(7-1-24)

01.Duty to Comply. The permittee must comply with all conditions of the permit.(7-1-24)

a.Permit noncompliance constitutes a violation of Idaho law, the CWA, and is grounds for: (7-1-24)

i.Enforcement action;(7-1-24)

ii.Permit termination, revocation and reissuance, or modification; or(7-1-24)

iii.Denial of a permit renewal application.(7-1-24)

b.The permittee must comply with effluent standards or prohibitions established under CWA Section 307(a) for toxic pollutants and with standards for sewage sludge use or disposal established under CWA Section 405(d), Section 380 of these rules, and IDAPA 58.01.16.650, “Wastewater Rules,” within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not been modified to incorporate the requirement.(7-1-24)

02.Duty to Reapply. If the permittee wishes to continue an activity regulated by the permit after the permit’s expiration date, the permittee must apply for and obtain a new permit. If the permittee complies with the application requirements of Section 105, or the notice of intent requirements of Section 130 for a general permit, and a permit is not issued before the permit’s expiration date, the permit remains in force as stipulated in Subsections 101.02 and 101.03.(7-1-24)

03.Need to Halt or Reduce Activity. In an enforcement action, a permittee may not assert as a defense that compliance with the conditions of the permit requires the permittee to halt or reduce the permitted activity.(7-1-24)

04.Duty to Mitigate. The permittee must take all reasonable steps to minimize or prevent\ discharge or sludge use or disposal in violation of the permit that has a reasonable likelihood of adversely affecting human health or the environment.(7-1-24)

05.Proper Operation and Maintenance. At all times, permittee must properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of the permit.(7-1-24)

a.Proper operation and maintenance includes adequate laboratory controls and appropriate quality assurance procedures.(7-1-24)

b.This provision requires operating back-up or auxiliary facilities or similar systems, installed by a permittee, only when needed to achieve compliance with the conditions of the permit or required by IDAPA 58.01.16 “Wastewater Rules.”(7-1-24)

06.Permit Actions. The permit may be modified, revoked and reissued, or terminated for cause. The permittee filing a request for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.(7-1-24)

07.Property Rights. The permit does not convey any property rights of any sort or exclusive privilege.(7-1-24)

08.Duty to Provide Information. The permittee must furnish information, within a reasonable time, that the Department requests to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. The permittee must furnish upon Department request, copies of records required by the permit.(7-1-24)

09.Inspection and Entry. The permittee must provide the Department’s inspectors, or authorized representatives, including authorized contractors acting as representatives of the Department, upon presenting credentials required by law, access to:(7-1-24)

a.Enter the permittee's premises where a regulated facility or activity is located or conducted, or where records are kept under the permit conditions;(7-1-24)

b.Records that must be kept under the permit conditions and, at reasonable times, to copy the records;

c.Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and(7-1-24)

d.Sample or monitor at reasonable times, to ensure permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location.(7-1-24)

10.Monitoring and Records. A permittee must comply with the following:(7-1-24)

a.Samples and measurements must represent the monitored activity.(7-1-24)

b.Permittee must retain:(7-1-24)

i.Monitoring information for at least three (3) years from the date of the sample, measurement, report or application. This may be extended by request of the Department at any time; and(7-1-24)

ii.Records of sewage sludge use and disposal activities for at least five (5) years or longer as required by 40 CFR Part 503.(7-1-24)

c.Records of monitoring information must include:(7-1-24)

i.Calibration and maintenance records;(7-1-24)

ii.Original strip chart recordings for continuous monitoring instrumentation or other forms of data approved by the Department;(7-1-24)

iii.Copies of reports required by the permit;(7-1-24)

iv.Records of all data used to complete the application or notice of intent for the permit;(7-1-24)

v.Date, exact place, and time of sampling or measurements;(7-1-24)

vi.Names of individuals who performed the sampling or measurements;(7-1-24)

vii.Dates analyses were performed;(7-1-24) viii.Names of any individuals who performed the analyses;(7-1-24)

ix.Analytical techniques or methods used; and(7-1-24)

x.Results of the analysis.(7-1-24)

d.Monitoring must be conducted according to test procedures approved under 40 CFR Part 136 unless another test method is required by 40 CFR Parts 401 through 471 or 501 through 503.(7-1-24)

11.Signatory Requirements. Applications, reports, or information submitted to the Department must be signed and certified in accordance with Section 090.(7-1-24)

12.Reporting Requirements.(7-1-24)

a.The permittee must give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility if:(7-1-24)

i.The alteration or addition to a permitted facility meets one (1) of the criteria for determining whether a facility is a new source as defined in Section 120 and 010;(7-1-24)

ii.The alteration or addition may significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants not subject to effluent limits in the permit or to notification requirements under Subsection 301.01.a.; or(7-1-24)

iii.The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and the alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites:(7-1-24)

(1)Not reported during the permit application process, or(7-1-24)

(2)Not reported under an approved land application or sludge disposal plan.(7-1-24)

b.The permittee must give advance notice to the Department of planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.(7-1-24)

c.The permit is not transferable to any person except after notice to the Department. The Department may modify or revoke and reissue a permit to change the name of the permittee and incorporate other requirements necessary under Section 202.(7-1-24)

d.Monitoring results must be reported at the intervals specified in the permit and meet the following requirements:(7-1-24)

i.Monitoring results will be reported on a Discharge Monitoring Report (DMR) or forms (may be electronic) provided or specified by the Department for reporting results of monitoring of sludge use or disposal practices. Reports and forms must be submitted electronically by the permittee to the Department to comply with this section and 40 CFR Part 127 unless waived under 40 CFR 127.15. 40 CFR Part 127 does not eliminate existing requirements for electronic reporting. Independent of 40 CFR Part 127, permittees may be required to report electronically if specified by a particular permit.(7-1-24)

ii.If the permittee monitors a pollutant more frequently than required by the permit using test procedures approved under 40 CFR Part 136, or another method required for an industry-specific waste stream specified in the permit or under 40 CFR Parts 401 through 471 or 501 through 503, the results must be included in the calculation and reporting of the data submitted in the DMR or sludge reporting form specified by the Department.

iii.Calculations for all limits that require averaging of measurements will utilize an arithmetic mean unless otherwise specified by the Department in the permit.(7-1-24)

e.A permittee must submit reports of compliance or noncompliance with, or progress reports on, interim and final requirements contained in the compliance schedule no later than fourteen (14) days following each schedule date of each requirement. Reports related to combined sewer overflows, sanitary sewer overflows, or bypass events must be submitted electronically by the permittee to the Department in compliance with this section and 40 CFR Part 127 unless waived under 40 CFR 127.15. 40 CFR Part 127 does not eliminate existing requirements for electronic reporting. Independent of 40 CFR Part 127, permittees may be required to electronically submit reports related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section by a particular permit. The Director may also require permittees to electronically submit reports not related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section.(7-1-24)

f.The permittee must report to the Department any noncompliance that may endanger health or the environment as follows:(7-1-24)

i.Within twenty-four (24) hours from the time the permittee becomes aware of the circumstances, provide any information orally;(7-1-24)

ii.Within five (5) days from the time the permittee becomes aware of the circumstances, provide a written submission that contains a description of:(7-1-24)

(1)Noncompliance and its cause;(7-1-24)

(2)Period of noncompliance, including exact dates and times;(7-1-24)

(3)If the noncompliance has not been corrected, the anticipated time it is expected to continue; and (4)Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance;

(5)For noncompliance events related to combined sewer overflows, sanitary sewer overflows, or bypass events, these reports must include the data described in Subsections 300.12.f.ii(1) through (4), type of event (combined sewer overflows, sanitary sewer overflows, or bypass events), type of sewer overflow structure (e.g., manhole, combine sewer overflow outfall), discharge volumes untreated by the treatment works treating domestic sewage, types of human health and environmental impacts of the sewer overflow event, and whether the noncompliance was related to wet weather.(7-1-24)

(6)

Reports related to combined sewer overflows, sanitary sewer overflows, or bypass events must be submitted electronically by the permittee to the Department in compliance with this section and 40 CFR Part 127 unless waived under 40 CFR 127.15. 40 CFR Part 127 does not eliminate existing requirements for electronic reporting. Independent of 40 CFR Part 127, permittees may be required to electronically submit reports related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section by a particular permit. The Director may also require permittees to electronically submit reports not related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section.(7-1-24)

iii.The following information must be reported within twenty-four (24) hours:(7-1-24)

(1)Unanticipated bypass that exceeds effluent limitations in the permit (Subsection 300.07, Property Rights);(7-1-24)

(2)Upset that exceeds effluent limits in the permit; and(7-1-24)

(3)Violation of a maximum daily discharge limit for the pollutants listed by the Department in the permit to be reported within twenty-four (24) hours (Subsection 302.09, Twenty-Four Hour Reporting); and (7-1-24)

iv.The Department may waive the written report on a case-by-case basis under Subsection 300.12.f.iii. if the oral report has been received within twenty-four (24) hours.(7-1-24)

g.The permittee must report instances of noncompliance not reported under Subsections 300.12.d., e., and f., when the monitoring reports are submitted. The reports of noncompliance must contain the information listed in Subsection 300.12.f. Reports related to combined sewer overflows, sanitary sewer overflows, or bypass events must be submitted electronically by the permittee to the Department in compliance with this section and 40 CFR Part 127 unless waived under 40 CFR 127.15. 40 CFR Part 127 does not eliminate existing requirements for electronic reporting. Independent of 40 CFR Part 127, permittees may be required to electronically submit reports related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section by a particular permit. The Director may also require permittees to electronically submit reports not related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section.(7-1-24)

h.When the permittee becomes aware that it failed to submit relevant facts in a permit application or submitted incorrect information in a permit application or in any report to the Department, it must promptly submit the facts or correct information.(7-1-24)

13.Bypass Terms and Conditions.(7-1-24)

a.Bypass, as defined in Section 010, is prohibited, and the Department may take enforcement action against a permittee for bypass, unless:(7-1-24)

i.The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

ii.No feasible alternatives to the bypass existed, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if under reasonable judgment, adequate back-up equipment should have been installed to prevent a bypass from occurring during normal periods of equipment downtime or preventive maintenance; and(7-1-24)

iii.The permittee submitted a notice of a bypass to the Department in accordance with Subsections 300.13.c. and d. Notices must be submitted electronically by the permittee to the Department in compliance with this section and 40 CFR Part 127 unless waived under 40 CFR 127.15. 40 CFR Part 127 does not eliminate existing requirements for electronic reporting. Independent of 40 CFR Part 127, permittees may be required to report electronically if specified by a particular permit.(7-1-24)

b.The Department may approve an anticipated bypass, after considering its adverse effects, if the Department determines it will meet the three (3) conditions listed in Subsection 300.13.a.(7-1-24)

c.If the permittee knows in advance of the need for a bypass, it must submit notice to the Department, if possible, at least ten (10) days before the date of the bypass.(7-1-24)

d.The permittee must submit notice of an unanticipated bypass as required in Subsection 300.12.f.

(24-hour notice).

e.Bypasses not exceeding limits, are allowe d to occur, and are not subject to Subsection 300.13.a. or 300.13.d. if:(7-1-24)

i.The bypass does not cause effluent limits to be exceeded, and(7-1-24)

ii.Only if it also is for essential maintenance to ensure efficient operation.(7-1-24)

14.Upset Terms and Conditions.(7-1-24)

a.In any enforcement action for noncompliance with technology-based permit effluent limitations, a permittee may claim upset, as defined in Section 010, as an affirmative defense. A permittee seeking to establish the occurrence of an upset has the burden of proof.(7-1-24)

b.Any determination made in administrative review of a claim that noncompliance was caused by upset, before an action for noncompliance is commenced, is not final administrative action subject to judicial review.

c.The following conditions are necessary for a permittee to demonstrate that an upset occurred. A permittee who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:(7-1-24)

i.An upset occurred and the permittee can identify causes of the upset;(7-1-24)

ii.The permitted facility was properly operated at the time(7-1-24)

iii.The permittee submitted twenty-four (24)-hour notice of the upset as required Subsection 300.12.f.iii(2); and(7-1-24)

iv.The permittee complied with remedial measures required under Subsection 300.04.(7-1-24)

15.Penalties and Fines. Permits will include penalty and fine requirements under Section 500.

IDAPA 58.01.25.301 Permit Conditions for Specific Categories

In addition to Section 300, conditions identified in this section apply to all IPDES permits within the categories specified below.(7-1-24)

01.Existing Manufacturing, Commercial, Mining, and Silvicultural Dischargers. In addition to the reporting requirements under Subsection 300.12, all existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Department as soon as they know or have reason to believe:(7-1-24)

a.Any activity has occurred or will occur that results in a discharge, on a routine or frequent basis, of a toxic pollutant that is not limited in the permit if the discharge will exceed the highest of the following notification levels:(7-1-24)

i.One hundred micrograms per liter (100 μg/L);(7-1-24)

ii.Two hundred micrograms per liter (200 μg/L) for acrolein and acrylonitrile;(7-1-24)

iii.Five hundred micrograms per liter (500 μg/L) for 2,4-dinitrophenol and for 2-methyl-4,6dinitrophenol; and(7-1-24)

iv.One milligram per liter (1 mg/L) for antimony;(7-1-24)

v.Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with Subsection 105.07; or(7-1-24)

vi.The level established by the Department in accordance with Subsection 302.08; and(7-1-24)

b.Any activity has occurred or will occur that results in a discharge, on a non-routine or infrequent basis, of a toxic pollutant that is not limited in the permit if the discharge will exceed the highest of the following notification levels:(7-1-24)

i.Five hundred micrograms per liter (500 μg/L);(7-1-24)

ii.One milligram per liter (1 mg/L) for antimony;(7-1-24)

iii.Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with Subsection 105.07; or(7-1-24)

iv.The level established by the Department in accordance with Subsection 302.08.(7-1-24)

02.Publicly Owned Treatment Works. POTWs must provide adequate notice to the Department of:

a.New introduction of pollutants into the POTW from an indirect discharger subject to CWA Section 301 or 306 if it were directly discharging those pollutants; and(7-1-24)

b.Substantial change in the volume or character of pollutants introduced into the POTW by a source introducing pollutants into the POTW during permit issuance. For this subsection, adequate notice must include:

i.Quality and quantity of effluent introduced into the POTW, and(7-1-24)

ii.Anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW.(7-1-24)

03.Municipal Separate Storm Sewer Systems (MS4s). The operator of a large or medium MS4 or an MS4 designated by the Department under 40 CFR 122.26(a)(1)(v) must submit an annual report by the anniversary of the date of the issuance of the permit. All reports must be submitted electronically by the owner, operator, or the duly authorized representative of the MS4 to the Department in compliance with this section and 40 CFR Part 127 unless waived under 40 CFR 127.15. 40 CFR Part 127 does not eliminate existing requirements for electronic reporting.

Independent of 40 CFR Part 127, the owner, operator, or the duly authorized representative of the MS4 may be required to report electronically if specified by a particular permit. The report must include:(7-1-24)

a.Status of implementing the components of the storm water management program established as permit conditions;(7-1-24)

b.Proposed changes to the storm water management programs established as permit conditions.

Proposed changes must be consistent with Subsection 105.18.b.iii.;(7-1-24)

c.Revisions, if necessary, to the assessment of controls and the fiscal analysis reported in the permit application under Subsection 105.18.b.iv. and 105.18.b.v.;(7-1-24)

d.Summary of data, including monitoring data, accumulated throughout the reporting year; (7-1-24)

e.Annual expenditures and budget for the year following each annual report;(7-1-24)

f.Summary describing the number and nature of enforcement actions, inspections, and public education programs; and(7-1-24)

g.Identification of water quality improvements or degradation.(7-1-24)

04.Storm Water Dischargers. The initial permits for discharges composed entirely of storm water issued under 40 CFR 122.26(e)(7) require compliance with the conditions of the permit as expeditiously as practicable but no later than three (3) years after the date of permit issuance.(7-1-24)

05.Concentrated Animal Feeding Operations (CAFOs). An applicable permit must include provisions under 40 CFR 122.42(e).(7-1-24)

IDAPA 58.01.25.302 Establishing Permit Provisions

The Department will establish conditions, as required on a case-by-case basis, to provide for and ensure compliance with applicable requirements of the CWA and state rules, including conditions under Section 101, Section 305, Section 304, and electronic reporting requirements identified under 40 CFR Part 127. An IPDES permit will include conditions meeting the following requirements, when applicable.(7-1-24)

01.Incorporation. Permit conditions will be incorporated expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements will be given in the permit.(7-1-24)

02.Applicable Requirements. The Department will establish conditions, as required on a case-bycase basis, to provide for and ensure compliance with applicable requirements of the CWA and Section 101, and Subsections 304.01, and 305.01. Applicable requirements include:(7-1-24)

a.All statutory or regulatory requirements that take effect before final administrative disposition of the permit.(7-1-24)

b. Any requirement that takes effect before the modification or revocation and reissuance of a permit under Section 201.(7-1-24)

c.New or reissued permits, and to the extent allowed under Section 201 for modified or revoked and reissued permits, will 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). (7-1-24)

03.Technology-Based Effluent Limits and Standards.(7-1-24)

a.Technology-based effluent limits and standards shall be based on:(7-1-24)

i.Effluent limits and standards promulgated under CWA Section 301;(7-1-24)

ii.New source performance standards promulgated under CWA Section 306;(7-1-24)

iii.Effluent limits determined on a case-by-case basis under CWA Section 402(a)(1); or(7-1-24)

iv.Combination of the three (3), in accordance with 40 CFR 125.3.(7-1-24)

b.For new sources or new dischargers, these technology-based limits and standards are subject to the provisions of 40 CFR 122.29(d).(7-1-24)

c.The Department may authorize a discharger, subject to technology-based ELGs 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 an increase in the pollutant due to activities of the discharger.(7-1-24)

i.The 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.(7-1-24)

ii.A request for the 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.

iii.A monitoring waiver approval will be included in the permit as an express permit condition and the reasons supporting the approval will be documented in the permit's fact sheet.(7-1-24)

iv.This provision does not supersede certification processes and requirements already established in existing ELGs and standards.(7-1-24)

04.Other Effluent Limits and Standards.(7-1-24)

a.If toxic effluent limit and standards under CWA Section 301, 302, 303, 307, 318, and 405 or prohibition (including schedules of compliance specified in effluent standard or prohibition) are promulgated under CWA 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 will initiate proceedings under Section 201 to modify or revoke and reissue the permit to conform to the more stringent toxic effluent standard or prohibition (Subsection 300.01).(7-1-24)

b.Standards for sewage sludge use or disposal under CWA Section 405(d), Section 380 of these rules, and IDAPA 58.01.16.650, “Wastewater Rules,” will be applied, unless those standards have been included in a permit issued under the appropriate provisions of:(7-1-24)

i.Subtitle C of the Solid Waste Disposal Act;(7-1-24)

ii.Part C of Safe Drinking Water Act;(7-1-24)

iii.The Clean Air Act; or(7-1-24)

iv.State permit programs approved by the EPA.(7-1-24)

c.When no applicable standards exist 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 that may occur from toxic pollutants in sewage sludge.(7-1-24)

d.If an applicable standard for sewage sludge use or disposal is promulgated under CWA Section 405(d), Section 380 (Sewage Sludge) of these rules, and IDAPA 58.01.16.650, “Wastewater Rules,” and that standard is more stringent than a limit on the pollutant or practice in the permit, the Department may initiate proceedings under these regulations to modify or revoke and reissue the permit to comply with Section 201, to conform to the standard for sewage sludge use or disposal.(7-1-24)

e.Include requirements applicable to cooling water intake structures under CWA Section 316(b), in accordance with 40 CFR 125.80 through 125.99.(7-1-24)

05.Reopener Clause. For a permit issued to a TWTDS (including sludge-only facilities), the Department will include a reopener clause to incorporate applicable standards for sewage sludge use or disposal promulgated under CWA Section 405(d). The Department may promptly modify or revoke and reissue a permit containing the reopener clause required by this subsection if the standard for sewage sludge use or disposal: (7-1-24)

a.Is more stringent than the requirements for sludge use or disposal in the permit, or(7-1-24)

b.Controls a pollutant or practice not limited in the permit.(7-1-24)

06.Water Quality Standards and Requirements. Requirements in addition to or more stringent than promulgated ELGs or standards under CWA Sections 301, 304, 306, 307, 318 and 405 will be included in a permit if they are necessary to:(7-1-24)

a.Achieve water quality standards established in IDAPA 58.01.02, “Water Quality Standards,” including narrative criteria for water quality and antidegradation provisions.(7-1-24)

i.Effluent limits in a permit will control all pollutants or pollutant parameters (either conventional, nonconventional, or toxic pollutants) the Department determines are or may be discharged at a level that will cause, have the reasonable potential to cause, or contribute to an excursion above water quality standards, including narrative criteria for water quality.(7-1-24)

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 will use procedures to account for:(7-1-24)

(1)Existing controls on point and nonpoint sources of pollution;(7-1-24)

(2)Variability of the pollutant or pollutant parameter in the effluent;(7-1-24)

(3)Sensitivity of the species to toxicity testing (when evaluating WET); and where appropriate, (4)Dilution of the effluent in the receiving water;(7-1-24)

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.(7-1-24)

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 WET, the permit must contain effluent limits for WET.(7-1-24)

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 WET. Limits on WET are not necessary where the Department demonstrates in the IPDES permit fact sheet, 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.(7-1-24)

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 will establish effluent limits using one (1) or more of the following options:(7-1-24)

(1)A calculated numeric water quality target or concentration value for the pollutant that the Department demonstrates will attain and maintain applicable narrative water quality criteria and will fully protect the designated use.A target or concentration value may be derived:(7-1-24)

(a)Using a proposed criterion, or an explicit policy or regulation interpreting its narrative water quality criterion, and(7-1-24)

(b)Supplemented with other relevant information that may include EPA's current Water Quality Standards Handbook, risk assessment data, exposure data, information about the pollutant from the Food and Drug Administration (FDA), and current EPA criteria documents;(7-1-24)

(2)EPA's water quality recommended criteria, published under CWA Section 304(a), supplemented where necessary by other relevant information; or(7-1-24)

(3)Indicator parameter for the pollutant of concern, provided the:(7-1-24)

(a)Permit identifies the pollutants intended to be controlled by using the effluent limit;(7-1-24)

(b)Required fact sheet states 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 that are sufficient to attain and maintain applicable water quality standards;(7-1-24)

(c)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 (d)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.

vii.When developing water quality-based effluent limits under this subsection, the Department will ensure that the:(7-1-24)

(1)Level of water quality to be achieved by limits on point sources established under this subsection is derived from, and complies with applicable water quality standards; and(7-1-24)

(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 available wasteload allocations for the discharge prepared by the state and approved by EPA under 40 CFR 130.7;(7-1-24)

b.Attain or maintain a specified water quality through water quality related effluent limits established under CWA Section 302;(7-1-24)

c.Conform to applicable water quality requirements under CWA Section 402(b)(5) when the discharge affects a state other than Idaho;(7-1-24)

d.Incorporate more stringent limits, treatment standards, or schedules of compliance requirements established under federal or state law or regulations in accordance with CWA Section 301(b)(1)(C);(7-1-24)

e.Ensure consistency with the requirements of a Water Quality Management plan approved by EPA under CWA Section 208(b); or(7-1-24)

f.Incorporate alternative effluent limits or standards when warranted by fundamentally different factors, under 40 CFR 125.30 through 125.32.(7-1-24)

07.Technology-Based Controls for Toxic Pollutants.(7-1-24)

a.In determining whether to include limits 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, or other relevant information. The fact sheet must explain the development of limits included in the permit.(7-1-24)

b.An IPDES permit will include limits to control all toxic pollutants 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 that can be achieved by the technology-based treatment requirements appropriate to the permittee under 40 CFR 125.3(c).(7-1-24)

c.The requirement that the limits control pollutants meeting the criteria of Subsection 302.07.b. will be satisfied by:(7-1-24)

i.Limits on those toxic pollutants; or(7-1-24)

ii.Limits on other pollutants that, in the judgment of the Department, will treat the pollutants under Subsection 302.07.b. to the levels required by 40 CFR 125.3(c).(7-1-24)

08.Notification Level. An IPDES permit will require a notification level that 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 that can be achieved by the technology-based treatment requirements appropriate to the permittee under 40 CFR 125.3(c).(7-1-24)

09.Twenty-Four (24) Hour Reporting. A permit will list pollutants a permittee is required to report violations of maximum daily discharge limits within twenty-four (24) hours under Subsection 300.12.f.iii(3), including toxic pollutants or hazardous substances, or pollutants identified as the method to control a toxic pollutant or hazardous substance.(7-1-24)

10.Permit Durations. Permits must include permit durations under Subsection 101.01.(7-1-24)

11.Monitoring Requirements. Permits will include monitoring requirements under Section 304.

12.Pretreatment Program for POTWs. A POTW permit will include pretreatment program conditions requiring the permittee to:(7-1-24)

a.Identify the character and volume of pollutants of Significant Industrial Users discharging into the POTW subject to Pretreatment Standards under CWA Section 307(b) and 40 CFR Part 403;(7-1-24)

b.Submit a local program when required by 40 CFR Part 403, to ensure compliance with pretreatment standards to the extent applicable under CWA Section 307(b):(7-1-24)

i.Incorporate the local program into the permit as described in 40 CFR Part 403, and(7-1-24)

ii.Require indirect dischargers to the POTW to comply with the reporting requirements of 40 CFR Part 403;(7-1-24)

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(7-1-24)

d.POTWs that are sludge-only facilities, must develop a pretreatment program under 40 CFR Part 403, when the Department determines that a pretreatment program is necessary to ensure compliance with CWA Section 405(d).(7-1-24)

13.Best Management Practices. An IPDES permit will include BMPs to control or abate the discharge of pollutants when:(7-1-24)

a.Authorized under CWA Section 304(e) to control toxic pollutants and hazardous substances from ancillary industrial activities;(7-1-24)

b.Authorized under CWA Section 402(p) to control storm water discharges;(7-1-24)

c.Numeric effluent limits are infeasible; or(7-1-24)

d.Practices are necessary to achieve effluent limits and standards or to carry out the CWA.(7-1-24)

14.Reissued Permits. When a permit is renewed or reissued, it will include provisions under Section

IDAPA 58.01.25.200 (7-1-24)

15.Privately-Owned Treatment Works. For a privately owned treatment works, conditions expressly applicable to users, as a limited co-permittee, may be necessary in the permit issued to the treatment works to ensure compliance with applicable requirements under this section.(7-1-24)

a.Alternatively, the Department may issue separate permits to the treatment works and to its users or may require a separate permit application from a user.(7-1-24)

b.The Department’s decision to issue a permit with no conditions applicable to users, to impose conditions on one (1) or more users, to issue separate permits, or to require separate applications, and the basis for that decision, will be stated in the fact sheet for the draft permit for the treatment works.(7-1-24)

16.Grants. An IPDES permit will include conditions imposed in grants made by the EPA to POTWs under CWA Sections 201 and 204, that are reasonably necessary to achieve effluent limits under CWA Section 301.

17.Sewage Sludge. An IPDES permit will include requirements under CWA Section 405 governing the disposal of sewage sludge from POTWs or other TWTDS for uses where regulations have been established.

18.Navigation. An IPDES permit will include conditions the Secretary of the Army considers necessary to ensure navigation and anchorage will not be substantially impaired, in accordance with Subsection 103.04 and 109.02.(7-1-24)

19.Qualifying State or Local Programs.(7-1-24)

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.(7-1-24)

b.A qualifying state or local erosion and sediment control program includes requirements for construction site operators to:(7-1-24)

i.Implement appropriate erosion and sediment control BMPs;(7-1-24)

ii.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;(7-1-24)

iii.Develop and implement a storm water pollution prevention plan, including:(7-1-24)

(1)Site descriptions;(7-1-24)

(2)Descriptions of appropriate control measures;(7-1-24)

(3)Copies of approved state or local requirements;(7-1-24)

(4)Maintenance procedures;(7-1-24)

(5)Inspection procedures;(7-1-24)

(6)Identification of non-storm water discharges; and(7-1-24)

iv.Requirements to submit a site plan for review that incorporates consideration of potential water quality impacts.(7-1-24)

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 includes the elements listed in Subsections 302.19.a. and b. and additional requirements necessary to achieve the technology-based standards of best available technology and best conventional technology based on the best professional judgment of the permit writer.

IDAPA 58.01.25.303 Calculating Permit Provisions

01.Outfalls and Discharge Points. Permit ef fluent limits, standards and prohibitions will be established for each outfall or discharge point of the permitted facility, except as otherwise provided under Subsections 302.13, and 303.08.(7-1-24)

02.Production-Based Limits.(7-1-24)

a.For POTWs, permit effluent limitat, standards, or prohibitions will be calculated based on design flow.(7-1-24)

b.Except for POTWs or as provided in Subsection 303.02.b.ii., calculation of permit limits, standards, or prohibitions based on production (or other measure of operation) will be based upon a reasonable measure of actual production of the facility.(7-1-24)

i.For new sources or new dischargers, actual production must be estimated using projected production. The time period of the measure of production must correspond to the time period of the calculated permit limit (e.g., monthly production is used to calculate average monthly discharge limits.(7-1-24)

ii.The Department may include a condition establishing alternate permit limits, standards, or prohibitions based upon anticipated increased (not to exceed maximum production capability) or decreased production levels.(7-1-24)

iii.For the automotive manufacturing industry only, the Department will establish an alternate condition under Subsection 303.02.b.ii., if the applicant satisfactorily demonstrates to the Department, during application submittal, that:(7-1-24)

(1)Actual production, as indicated in Subsections 303.02.b. and 303.02.b.i., is substantially below maximum production capability, and(7-1-24)

(2)Reasonable potential exists for an increase above actual production during the duration of the

iv.If the Department establishes permit conditions under Subsection 303.02.b.ii.:(7-1-24)

(1)The permit will require the permittee to notify the Department at least two (2) business days before the month the permittee expects to operate at a level higher than the lowest production level identified in the permit.

The notice must specify:(7-1-24)

(a)Anticipated level and the period the permittee expects to operate at the alternate level; and (b)If the notice covers more than one (1) month, specify the reasons for the anticipated production level increase; and(7-1-24)

(c)New notice of discharge at alternate levels must cover a period or production level not covered by a prior notice or, if during two (2) consecutive months otherwise covered by a notice, the production level at the permitted facility does not meet the higher level designated in the notice;(7-1-24)

(2)The permittee must comply with the limit, standards, or prohibitions that correspond to the lowest level of production specified in the permit, unless the permittee has notified the Department under Subsection 303.02.b.ii., in which case the permittee must comply with the lower of the actual level of production during each month or the level specified in the notice; and(7-1-24)

(3)The permittee must submit, with the Discharge Monitoring Report, the level of production that occurred during each month and the limits, standards, or prohibitions applicable to that level of production. (7-1-24)

03.Metals. Permit effluent limits, standards, or prohibitions for a metal will be expressed in terms of total recoverable metal as defined in 40 CFR Part 136, unless:(7-1-24)

a.An applicable effluent standard or limit has been promulgated under the CWA and specifies the limit for the metal in the dissolved or valent or total form;(7-1-24)

b.In establishing permit limits on a case-by-case basis under 40 CFR 125.3, specify the limit on the metal in the dissolved or valent or total form to carry out the provisions of the CWA; or(7-1-24)

c.Approved analytical methods for the metal inherently measure only its dissolved form (e.g., hexavalent chromium).(7-1-24)

04.Continuous Discharges. For continuous discharges, permit effluent limits, standards, and prohibitions, including those necessary to achieve water quality standards, will, unless impracticable, state: (7-1-24)

a.Maximum daily and average monthly discharge limits for all dischargers other than POTWs; or

b.Average weekly and average monthly discharge limits for POTWs.(7-1-24)

05.Noncontinuous Discharges. Discharges that are not continuous, as defined in Section 010, will be described and limited, considering the following factors, as appropriate:(7-1-24)

a.Frequency (e.g., a batch discharge must not occur more than once every three (3) weeks); (7-1-24)

b.Total mass (e.g., not to exceed one hundred (100) kilograms of zinc and two hundred (200) kilograms of chromium per batch discharge);(7-1-24)

c.Maximum rate of discharge of pollutants during the discharge (e.g., not to exceed two (2) kilograms of zinc per minute); and(7-1-24)

d.Prohibition or limit of specified pollutants by mass, concentration, or other appropriate measure (e.g., must not contain at any time more than one-tenth (0.1) mg/L zinc or more than two hundred fifty (250) grams (one-fourth (¼) kilogram) of zinc in a discharge).(7-1-24)

06.Mass Limits.(7-1-24)

a.Pollutants limited in permits will have limits, standards, or prohibitions expressed in terms of mass except:(7-1-24) i.pH, temperature, radiation, or other pollutants that cannot be expressed by mass;(7-1-24)

ii.When applicable standards and limits are expressed in other units of measurement; or(7-1-24)

iii.If in establishing permit limits on a case-by-case basis under 40 CFR 125.3, limit expressed in mass are infeasible because the mass of the pollutant discharged cannot be related to a measure of operation (e.g., discharges of TSS from certain mining operations), and permit conditions ensure dilution will not be used as a substitute for treatment.(7-1-24)

b.Pollutants limited by mass, may also be limited by other units of measurement, and the permit requires the permittee to comply with both limits.(7-1-24)

07.Pollutant Credits for Intake Water.(7-1-24)

a.The following definitions apply to intake credits in determining reasonable potential and establishing technology- and water quality- based effluent limits for IPDES permits.(7-1-24)

i.An intake pollutant is the amount of a pollutant present in waters of the United States (including ground water as provided in Subsection 303.07.a.iv.) when water is removed from the same body of water by the discharger or other facility supplying the discharger with intake water.(7-1-24)

ii.To be eligible for intake credit, an intake pollutant must be from the same body of water as the discharge, and the Department finds the intake pollutant would have reached the vicinity of the outfall point in the receiving water within a reasonable period if it had not been removed by the permittee. This finding will be established if:(7-1-24)

(1)The background concentration of the pollutant in the receiving water (excluding any amount of the pollutant in the facility's discharge) is similar to the intake water;(7-1-24)

(2) A direct hydrological connection exists between the intake and discharge points; and(7-1-24)

(3)Water quality characteristics (e.g., temperature, pH, hardness) are similar in the intake and receiving waters.(7-1-24)

iii.The Department may consider other site-specific factors relevant to the transport and fate of the pollutant to determine in a particular case that a pollutant would have reached the vicinity of the outfall point in the receiving water within a reasonable period if it had not been removed by the permittee.(7-1-24)

iv.An intake pollutant from ground water may be considered from the same body of water if the Department determines the pollutant would have reached the vicinity of the outfall point in the receiving water within a reasonable period if it had not been removed by the permittee, except that the pollutant is not from the same body of water if the ground water contains the pollutant partially or entirely due to human activity, such as industrial, commercial, or municipal operations, disposal actions, or treatment processes.(7-1-24)

v.The determinations made under Subsections 303.07.b. and c. will be made on a pollutant-bypollutant and outfall-by-outfall basis.(7-1-24)

vi.These provisions do not alter the Department's obligation under Subsection 302.06.a.vii(2) to develop effluent limits consistent with the assumptions and requirements of available waste load allocations for the discharge, that is part of a TMDL prepared by the Department and approved by EPA under 40 CFR 130.7, or prepared by EPA under 40 CFR 130.7(d).(7-1-24)

b.Consideration of intake pollutants for technology-based effluent limits:(7-1-24)

i.Upon request of the discharger, technology-based effluent limitations or standards will be adjusted to reflect credit for pollutants in the discharger's intake water if the:(7-1-24)

(1)Applicable effluent limits and standards contained in 40 CFR Part 401 through 471, specifically provide that they will be applied on a net basis; or(7-1-24)

(2)Discharger demonstrates the control system proposed or used to meet applicable technology-based limits and standards would, if properly installed and operated, meet the limits and standards in the absence of pollutants in the intake waters.(7-1-24)

ii.Credit for generic pollutants such as BOD or TSS will not be granted unless the permittee demonstrates the constituents of the generic measure in the effluent are substantially similar to the constituents of the generic measure in the intake water or appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.(7-1-24)

iii.Credit will be granted only to the extent necessary to meet the applicable limit or standard, up to a maxi mum value equal to the influent value. Additional monitoring may determine eligibility for credits and compliance with permit limits.(7-1-24)

iv.Credit will be granted only if the discharger demonstrates the intake water is drawn from the same body of water where the discharge is made. The Department may waive this requirement if the Department finds that no environmental degradation will result.(7-1-24)

v.This section does not apply to the discharge of raw water clarifier sludge generated from the treatment of intake water.(7-1-24)

c.Consideration of intake pollutants for water quality based effluent limits:(7-1-24)

i.The Department will evaluate if reasonable potential exists for the discharge of an identified intake pollutant to cause or contribute to an exceedance of a narrative or numeric water quality criterion. If the Department determines an intake pollutant in the discharge does not have the reasonable potential to cause or contribute to an exceedance of an applicable water quality standard, the Department is not required to include a water quality-based effluent limit for the identified intake pollutant in the facility's permit.(7-1-24)

ii.If a reasonable potential exists, then water quality-based effluent limits may be established that reflect a credit for intake pollutants where a discharger demonstrates that the(7-1-24)

(1)Facility removes the intake water containing the pollutant from the same body of water where the discharge is made;(7-1-24)

(2)Ambient background concentration of the pollutant does not meet the most stringent applicable water quality criterion for that pollutant;(7-1-24)

(3)Facility does not alter the identified intake pollutant chemically or physically to cause adverse water quality impacts that would not occur if the pollutants had not been removed from the body of water;(7-1-24)

(4)Timing and location of the discharge does not cause adverse water quality impacts to occur that would not occur if the identified intake pollutant had not been removed from the body of water; and(7-1-24)

(5)For determining water quality-based effluent limits, facility does not increase the identified intake pollutant concentration at the point of discharge as compared to the pollutant concentration in the intake water.

iii.Where the conditions in Subsection 303.07.c.i. and ii are met, the Department may establish a water quality-based effluent limit allowing a facility to discharge a mass and concentration of the intake pollutant that are no greater than the mass and concentration found in the facility’s intake water. A discharger may add mass of the pollutant to its waste stream if an equal or greater mass is removed before discharge, so there is no net addition of the pollutant in the discharge compared to the intake water. (7-1-24)

iv.Where intake water for a facility is provided by a municipal water supply system and the supplier provides treatment of the raw water that removes an intake water pollutant, the concentration of the intake water pollutant will be determined at the point where the water enters the water supplier’s distribution system.(7-1-24)

v.Where a facility discharges intake pollutants from multiple sources that originate from the receiving water body and from other water bodies, the Department may derive an effluent limit reflecting the flowweighted amount of each source of the pollutant if conditions in Subsection 303.07.c.ii. are met and adequate monitoring to determine compliance can be established and is included in the permit.(7-1-24)

vi.The permit will specify how compliance with mass and concentration-based limitations for the intake water pollutant will be assessed. This assessment may be based on the effluent limit on background concentration data. Alternatively, the Department may determine compliance by monitoring the pollutant concentrations in the intake water and effluent. Monitoring may be supplemented by monitoring internal waste streams or by a Department evaluation of the use of BMPs.(7-1-24)

vii.Effluent limits will be established to comply with all other applicable state and federal laws and regulati ons including technology-based requirements and anti-degradation policies.(7-1-24) viii.When determining whether water quality based effluent limits are necessary, information from chemical-specific, WET and biological assessments will be considered independently.(7-1-24)

ix.Permit limits will be consistent with the assumptions and requirement of waste load allocations or other provisions in a TMDL that has been approved by the EPA.(7-1-24)

08.Internal Waste Streams.(7-1-24)

a.When permit effluent limits or standards imposed at the point of discharge are impractical or infeasible, effluent limits or standards for discharges of pollutants may be imposed on internal waste streams before mixing with other waste streams or cooling water streams. In those instances, the monitoring required by Section 304 will also be applied to the internal waste streams.(7-1-24)

b.Limits on internal waste streams will be imposed only when the fact sheet states the exceptional circumstances that make the limits necessary, such as:(7-1-24)

i.When the final discharge point is inaccessible (e.g., under ten (10) meters of water);(7-1-24)

ii.Wastes at the point of discharge are so diluted it makes monitoring impracticable; or(7-1-24)

iii.Interferences among pollutants at the point of discharge make detection or analysis impracticable.

09.Disposal of Pollutants into Wells, into POTWs, or by Land Application.(7-1-24)

a.When part of a discharger’s process wastewater is not discharged into waters of the United States because it is disposed into a well, into a POTW, or by land application, reducing the flow or level of pollutants discharged into waters of the United States, applicable effluent standards and limits for the discharge in an IPDES permit will be adjusted to reflect the reduced raw waste resulting from the disposal. Effluent limits and standards in the permit are calculated by one (1) of the following methods:(7-1-24)

i.If none of the waste from a particular process is discharged into waters of the United States, and ELGs provide separate allocation for wastes from that process, allocations for the process are eliminated from calculation of permit effluent limits or standards; or(7-1-24)

ii.In all cases other than those described in Subsection 303.09.a.i., effluent limits are adjusted by multiplying the effluent limitation derived by applying ELGs to the total waste stream by the amount of wastewater flow to be treated and discharged into waters of the United States, and dividing the result by the total wastewater flow. Effluent limits and standards calculated may be further adjusted under 40 CFR Part 125, subpart D, to make them more or less stringent if discharges to wells, POTWs, or by land application change the character or treatability of the pollutants discharged to receiving waters. This method may be algebraically expressed as:

b.Subsection 303.09.a. does not apply to the extent that promulgated ELGs:(7-1-24)

i.Control concentrations of pollutants discharged but not mass; or(7-1-24)

ii.Specify a different specific technique for adjusting effluent limits to account for well injection, land application, or disposal into POTWs.(7-1-24)

c.Subsection 303.09.a. does not alter a discharger’s obligation to meet more stringent requirements P=(E x N)/T; where P is the permit effluent limit, E is the limit derived by applying effluent guidelines to the total waste stream, N is the wastewater flow to be treated and discharg ed to waters of the United States, and T is the total wastewater flow. established under Sections 300 (Conditions Applicable to all Permits), 301 (Permit Conditions for Specific Categories), 40 CFR 122.42(e), and 302 (Establishing Permit Provisions).(7-1-24)

d.Disposal of discharge into injection wells is regulated by:(7-1-24)

i.Idaho Department of Water Resources, in compliance with the IDAPA 37.03.03, “Rules and Minimum Standards for the Construction and Use of Injection Wells,”; or(7-1-24)

ii.Health District with jurisdiction, in compliance with IDAPA 58.01.03, “Individual/Subsurface Sewage Disposal Rules,” for a Class V injection well.(7-1-24)

e.Disposal of discharge onto the surface of the land is regulated by the Department under IDAPA 58.01.17, “Recycled Water Rules.”(7-1-24)

IDAPA 58.01.25.304 Monitoring and Reporting Requirements

01.Monitoring Requirements. A permit will include:(7-1-24)

a.Requirements for the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);(7-1-24)

b.Type, intervals, and frequency of monitoring sufficient to yield data that represent the monitored activity including, when appropriate, continuous monitoring;(7-1-24)

c.Provisions for reporting the results of monitoring, including frequency, appropriate for the regulated activity based on the impact of that activity and as specified in 40 CFR Part 127 (NPDES Electronic Reporting). Reporting must be no less frequent than specified in 40 CFR 122.44;(7-1-24)

d.Mass (or other measurement specified in the permit) for each pollutant limited in the permit;

e.Volume of effluent discharged from each outfall;(7-1-24)

f.Other measurements as appropriate, including:(7-1-24)

i.Pollutants in internal waste streams under Subsection 303.08;(7-1-24)

ii.Pollutants in intake water for net limits under Subsection 303.07;(7-1-24)

iii.Frequency, rate of discharge, etc., for non-continuous discharges under Subsection 303.05;

iv.Pollutants subject to notification requirements under Subsection 301.01; and(7-1-24)

v.Pollutants in sewage sludge or other monitoring as specified in 40 CFR Part 503; or as determined to be necessary on a case-by-case basis under CWA Section 405(d)(4), Section 380 (Sewage Sludge) of these rules, and IDAPA 58.01.16.650, “Wastewater Rules”;(7-1-24)

g.According to sufficiently sensitive test procedures (i.e., methods) approved under 40 CFR Part 136 for the analysis of pollutants or pollutant parameters, or another method required under 40 CFR Parts 401 through 471 or Part 501 through 503. Consistent with 40 CFR Part 136, applicants or permittees may provide matrix- or sample-specific minimum levels rather than the published levels. When an applicant or permittee can demonstrate that, despite a good faith effort to use a method that otherwise meets the definition of “sufficiently sensitive,” the analytical results are not consistent with the QA/QC specifications for the method, then the Department may determine the method is not performing adequately and the Department will select a different method from the remaining EPA-approved methods that is sufficiently sensitive consistent with provisions outlined in Subsections 304.01.g.i. and ii. method is “sufficiently sensitive” when:(7-1-24)

i.The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or(7-1-24)

ii.The method has the lowest ML of the analytical methods approved under 40 CFR Part 136 or required under 40 CFR Chapter I, Subchapter N or O, for the measured pollutant or pollutant parameter; and

h.For pollutants or pollutant parameters which have no approved methods under 40 CFR Part 136, or methods are not otherwise required under 40 CFR Part 401 through 471 or Part 501 through 503, monitoring must be conducted according to a test procedure specified in the permit for the pollutants or pollutant parameters.(7-1-24)

02.Reporting Monitoring Results.(7-1-24)

a.Except as provided in Subsections 304.02.d. and 304.02.e., the Department will establish requirements to report monitoring results on a case-by-case basis with a frequency dependent on the nature and effect of the discharge, but at least once a year. Results must be electronically reported in compliance with 40 CFR Part 127.

b.For sewage sludge use or disposal practices, the Department will establish requirements to monitor and report results on a case-by-case basis with a frequency dependent on the nature and effect of the sewage sludge use or disposal practice; minimally as specified in 40 CFR Part 503, Section 380 of these rules, and Idaho’s Wastewater Rules, IDAPA 58.01.16.650, “Wastewater Rules,” (where applicable), but at least once a year. Results must be electronically reported in compliance with 40 CFR Part 127.(7-1-24)

c.The Department will establish requirements to report monitoring results for storm water discharges associated with industrial activity subject to an ELG on a case-by-case basis with a frequency dependent on the nature and effect of the discharge, but at least once a year.(7-1-24)

d.The Department will establish requirements to report monitoring results for storm water discharges associated with industrial activity, other than those addressed in Subsection 304.02.c., on a case-by-case basis with a frequency dependent on the nature and effect of the discharge. At a minimum, a permit for a discharge will require the discharger to:(7-1-24)

i.Conduct an annual inspection of the facility site to identify areas contributing to a storm water discharge associated with industrial activity;(7-1-24)

ii.Evaluate whether measures to reduce pollutant loadings identified in a storm water pollution prevention plan are adequate and properly implemented following the terms of the permit or whether additional control measures are needed;(7-1-24)

iii.Maintain for a period of three (3) years a record summarizing the results of the inspection and a certification that the facility is complying with the plan and the permit, and identifying incidents of noncompliance;

iv.Sign the report and certification in accordance with Section 090; and(7-1-24)

v.For storm water discharges associated with industrial activity from inactive mining operations, where annual inspections are impracticable, may require certification that the facility is complying with the permit, or alternative requirements, once every t hree (3) years by an Idaho licensed professional engineer.(7-1-24)

e.A permit that does not require monitoring results reports at least annually must require the permittee to report, at least annually, all instances of noncompliance not reported under Subsection 300.12. (7-1-24)

IDAPA 58.01.25.305 Compliance Schedules

01.General. An IPDES permit may, when appropriate, specify a schedule leading to compliance with the CWA and these rules.(7-1-24)

a.Compliance schedules require compliance as soon as possible.(7-1-24)

b.The first IPDES permit issued to a new source or a new discharger will contain a compliance schedule only when necessary to allow a reasonable opportunity to attain compliance with requirements issued or revised after construction commences, but less than three (3) years before discharge commences.(7-1-24)

c.For recommencing dischargers, a compliance schedule will be available only when necessary to allow a reasonable opportunity to comply with requirements issued or revised less than three (3) years before discharge recommences.(7-1-24)

d.If a permit establishes a compliance schedule that exceeds one (1) year from the date of permit issuance, the schedule will state interim requirements and dates for achieving the interim requirements. If the schedule includes interim requirements:(7-1-24)

i.The time between interim dates will not exceed one (1) year, except for a compliance schedule with standards for sewage sludge use and disposal, the time between interim dates will not exceed six (6) months; or

ii.If the time to complete interim requirements (e.g., construction of a control facility) is more than one (1) year and is not readily divisible into stages for completion, the permit will specify interim dates for submitting reports of progress toward completing the interim requirements and indicate a projected completion date.(7-1-24)

e.Within fourteen (14) days following each interim and final date of compliance, the permittee must notify the Department in writing of its compliance or noncompliance with the interim or final requirements, or submit progress reports if Subsection 305.01.d.ii. applies.(7-1-24)

f.Permits may incorporate compliance schedules allowing a discharger to phase in, over time, compliance with water quality-based effluent limits in accordance with IDAPA 58.01.02.400, “Water Quality Standards.”(7-1-24)

02.Alternative Compliance Schedules. An IPDES permit applicant or permittee may cease conducting regulated activities (by terminating direct discharge for point sources) rather than continuing to operate and meet permit requirements as follows:(7-1-24)

a.If the permittee decides to cease conducting regulated activities at a given time within the term of a permit that has already been issued:(7-1-24)

i.The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or(7-1-24)

ii.The permittee must cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.(7-1-24)

b.If the decision to cease conducting regulated activities is made before issuing a permit with a termination date, the permit will contain a schedule leading to termination that will ensure timely compliance with requirements no later than the statutory deadline.(7-1-24)

c.If the permittee is undecided whether to cease conducting regulated activities, the Department may issue or modify a permit to contain two (2) schedules, as follows:(7-1-24)

i.Both schedules will contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date that ensures sufficient time to comply with requirements in a timely manner if the decision is to continue conducting regulated activities;(7-1-24)

ii.The first schedule will lead to timely compliance with applicable requirements, no later than the statutory deadline;(7-1-24)

iii.The second schedule will cease regulated activities by a date that will ensure timely compliance with requirements no later than the statutory deadline; and(7-1-24)

iv.Each permit containing two (2) schedules shall include a requirement that after the permittee has made a final decision under Subsection 305.02.c., it shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities.(7-1-24)

d.The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the Department, such as a resolution of the board of directors of a corporation.(7-1-24)

IDAPA 58.01.25.306 (Reserved)

IDAPA 58.01.25.310 Variances

01.Variance Requests by non-POTWs.(

a.A discharger that is not a POTW may request a variance from otherwise applicable effluent limitations under the following statutory or regulatory provisions, within the times specified(7-1-24)

i.The presence of fundamentally different factors from which the ELG was based must be filed as follows:(7-1-24)

(1)For a request from best practicable control technology currently available (BPT), by the close of the public comment period under Section 109; or(7-1-24)

(2)For a request from best available technology economically achievable (BAT) and/or best conventional pollutant control technology (BCT), by no later than one hundred eighty (180) days after the date on which an ELG is published in the Federal Register for a request based on an ELG promulgated on or after February 4, 1987.(7-1-24)

ii.The request must explain how the regulatory and/or statutory criteria have been met.(7-1-24)

b.An applicant may request for non-conventional pollutants under this section:(7-1-24)

i.A variance from the BAT requirements for CWA Section 301(b)(2)(F) pollutants (i.e., nonconventional pollutants) under CWA Section 301(c) because of the economic capability of the owner or operator; or

ii.A variance under CWA Section 301(g) provided:(7-1-24)

(1)The variance may only be requested for ammonia; chlorine; color; iron; total phenols (4AAP), when determined by the EPA Administrator to be a pollutant covered by CWA Section 301(b)(2)(F); and(7-1-24)

(2)Other pollutants the EPA Administrator lists under CWA Section 301(g)(4).(7-1-24)

c.The request for variance as outlined in Subsection 310.01.b. must be made as follows:(7-1-24)

i.For effluent limits based on an ELG, by submitting an initial request to the Department no later than two hundred seventy (270) days after promulgation of the applicable ELG followed by a completed request no later than the close of the public comment period under Section 109.(7-1-24)

(1)The initial request to the Department must contain:(7-1-24)

(a)Name of the discharger;(7-1-24)

(b)Permit number;(7-1-24)

(c)Outfall number(s);(7-1-24)

(d)Applicable ELG; and(7-1-24)

(e)Whether the discharger is requesting a CWA Section 301(c) or 301(g) modification or both.

(2)The completed request must demonstrate the applicable requirements of 40 CFR Part 125 have been met. The complete application for a request under CWA Section 301(g) must be filed one hundred eighty (180) days before the Department makes a decision (unless the Department establishes a shorter or longer period). (7-1-24)

ii.For effluent limits not based on ELGs, the request need only comply with Subsection 310.01.c.i(2) and need not be preceded by an initial request under Subsection 310.01.c.i(1).(7-1-24)

d.A modification under CWA Section 302(b)(2) of requirements under the CWA Section 302(a) for achieving water quality related effluent limits may be requested before the close of the public comment period under Section 109 on the permit from which the modification is sought.(7-1-24)

e.A variance under CWA Section 316(a) for the thermal component of a discharge must be filed with a timely application for a permit under Section 105 of these rules, except that if thermal effluent limits are established under CWA Section 402(a)(1) or are based on water quality standards, the request for a variance may be filed by the close of the public comment period under Section 109.(7-1-24)

02.Variance Requests by POTWs. A discharger that is a POTW may request a variance, under CWA Section 302(b)(2), from the water quality-based effluent limits found at CWA Section 302(a). The variance must be requested before the close of the public comment period under Section 109(7-1-24)

03.Permit Variance Decision Process.(7-1-24)

a.The Department may deny requests for variances. A variance that has been denied by the Department may be appealed according to the process identified in Section 204.(7-1-24)

b.The Department may grant variances (subject to EPA objection under Subsection 103.02 or 40 CFR

IDAPA 58.01.25.123 44):(7-1-24)

i.For extensions under CWA Section 301(i) based on delay in completing a POTW;(7-1-24)

ii.After consultation with EPA, extensions under CWA Section 301(k) based on the use of innovative technology;(7-1-24)

iii.Under CWA Section 316(a) for thermal pollution; or(7-1-24)

iv.From water quality standards under IDAPA 58.01.02.260.(7-1-24)

c.The Department may forward to EPA with or without a recommendation, a variance based on:

i.Economic capability of the applicant under CWA Section 301(c); or(7-1-24)

ii.Water quality-related effluent limits under CWA Section 302(b)(2).(7-1-24)

d.The Department may forward to EPA with a written concurrence, a variance based on:(7-1-24)

i.Presence of fundamentally different factors from which the ELG was based (CWA Section 301(n)); or(7-1-24)

ii.Certain water quality factors under CWA Section 301(g).(7-1-24)

e.The EPA may grant or deny a request for a variance that is forwarded by the Department. If the EPA Administrator (or delegate) approves the variance, the Department will prepare a draft permit incorporating the variance.(7-1-24)

f.A public notice of a draft permit for which a variance or modification has been approved or denied will identify the procedures for appealing that decision under Section 204.(7-1-24)

04.Expedited Variance Procedures and Time Extensions.(7-1-24)

a.Considering the time requirements in Subsections 310.01 and 310.02, the Department may notify a permit applicant before a draft permit is issued under Section 108 that the draft permit will contain limits eligible for variances.(7-1-24)

i.In the notice, the Department may require the applicant, as a condition of a potential variance request, to explain how the requirements of 40 CFR Part 125, apply to the variance, have been met, and may require submitting an explanation within a specified time after receipt of the notice.(7-1-24)

ii.The Department may send the notice before the permit application is submitted. The draft or final permit may contain the alternative limits that may become effective upon final grant of the variance.(7-1-24)

b.A discharger who cannot file a timely complete request required under Subsections 310.01.c.i.(2) or 310.01.c.ii. may request an extension that;(7-1-24)

i.May be granted or denied at the discretion of the Department.(7-1-24)

ii.Is no more than six (6) months in duration.(7-1-24)

05.Special Procedures for Decisions on Thermal Variances.(7-1-24)

a. If the Department makes a final decision on a thermal variance before a final permit is issued it will only consider whether alternative effluent limits are justified under CWA Section 316(a) or whether cooling water intake structures will use the best available technology under CWA Section 316(b).(7-1-24)

i.Permit applicants who wish an early decision on these issues may request that the Department provide supporting reasons when the permit applications are filed.(7-1-24)

ii.The Department will decide whether to make an early decision. If granted, the early decision on CWA Section 316 (a) or (b) issues and the grant of the balance of the permit will be:(7-1-24)

(1)Considered permit issuance under these regulations, and(7-1-24)

(2)Subject to the same requirements of public notice and comment and the same opportunity for an appeal.(7-1-24)

b.If the Department, on review of the administrative record, determines that the information necessary to decide whether the CWA Section 316(a) issue is not likely to be available in time for a decision on permit issuance, the Department may issue a permit for a term up to five (5) years.(7-1-24)

i.The permit will require achievement of the effluent limits initially proposed for the thermal component of the discharge, no later than the date otherwise required by law.(7-1-24)

ii.The permit will also afford the permittee an opportunity to file a demonstration under CWA Section 316(a), after conducting studies required under 40 CFR 125.70 through 125.73.(7-1-24)

iii.A new discharger may not exceed the thermal effluent limit initially proposed unless and until the CWA Section 316(a) variance request is approved.(7-1-24)

c.A proceeding held under Subsection 310.05.a. will be:(7-1-24)

i.Publicly noticed as required by Section 109, and(7-1-24)

ii.Conducted at a time allowing the permittee to take measures to meet the final compliance date if its request for modification of thermal limits is denied.(7-1-24)

d.Whenever the Department defers the decision under CWA Section 316(a), a decision under CWA Section 316(b) may be deferred.(7-1-24)

IDAPA 58.01.25.311 (Reserved)

IDAPA 58.01.25.370 Pretreatment Standards

01.Purpose and Applicability. Th is section and 40 CFR Part 403.1 through 40 CFR 403.3, and 40 CFR 403.5 through 40 CFR 403.18 apply to:(7-1-24)

a.Pollutants from non-domestic sources covered by Pretreatment Standards that are indirectly discharged into or transported by truck, rail, or otherwise introduced into POTWs as defined in Subsection 370.04 and 40 CFR 403.3;(7-1-24)

b.POTWs that receive wastewater from sources subject to National Pretreatment Standards; and

c.A new or existing source subject to Pretreatment Standards. National Pretreatment Standards do not apply to sources discharging to a sewer that is not connected to a POTW.(7-1-24)

02.Objectives of General Pretreatment Regulations. This section and 40 CFR Part 403 fulfill three (3) objectives:(7-1-24)

a.To prevent the introduction of pollutants into POTWs that will interfere with operating a POTW, including interference with its use or disposal of municipal sludge;(7-1-24)

b.To prevent the introduction of pollutants into POTWs that will pass through the treatment works or otherwise be incompatible with the works; and(7-1-24)

c.To improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges.

03.Department Program in Lieu of a POTW Program. 40 CFR 403.8(a) requires certain POTWs develop a pretreatment program. The Department may, on a case-by-case basis, assume responsibility for implementing the POTW pretreatment program requirements in 40 CFR 403.8(f) in lieu of requiring the POTW to develop a pretreatment program. This does not preclude POTWs from independently developing pretreatment programs.(7-1-24)

IDAPA 58.01.25.371 (Reserved)

IDAPA 58.01.25.380 Sewage Sludge

01.Purpose. Thi s section and 40 CFR Part 503:(7-1-24)

a.Establish standards, consisting of general requirements, pollutant limits, management practices, and operational standards, for the final use or disposal of sewage sludge, and include:(7-1-24)

i.Standards for sewage sludge applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator.;(7-1-24)

ii.Pathogen and alternative vector attraction reduction requirements for sewage sludge applied to the land or placed on a surface disposal site; and(7-1-24)

iii.On a case-by-case basis, controls for storm water runoff from lands where sewage sludge or septage has been placed for treatment or disposal.(7-1-24)

b.Include the frequency of monitoring and recordkeeping requirements when sewage sludge is:

i.Applied to the land;(7-1-24)

ii.Placed on a surface disposal site; or(7-1-24)

iii.Fired in a sewage sludge incinerator; and(7-1-24)

c.Include reporting requirements for:(7-1-24)

i.Class I sludge management facilities;(7-1-24)

ii.POTWs with a design flow rate equal to or greater than one million gallons per day (1 MGD); and

iii.POTWs that serve ten thousand (10,000) people or more.(7-1-24)

02.Applicability. This section and 40 CFR Part 503 apply to:(7-1-24)

a.A person, who prepares sewage sludge, applies sewage sludge to the land, or fires sewage sludge in a sewage sludge incinerator and to the owner or operator of a surface disposal site;(7-1-24)

b.Sewage sludge applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator;(7-1-24)

c.Exit gas from a sewage sludge incinerator stack; or(7-1-24)

d.Land where sewage sludge is applied, to a surface disposal site, and to a sewage sludge incinerator.

03.Exceptions to Incorporation by Reference. 40 CFR 503.1 (Purpose and Applicability) is excluded from incorporation by reference in Section 003.(7-1-24)

IDAPA 58.01.25.381 (Reserved)

IDAPA 58.01.25.400 Compliance Evaluation

01.Non-compliance Actions. Wh en a permittee is or was not in compliance with conditions of the existing, terminated, or expired permit that has been administratively continued, the Department may choose to do one (1) or more of the following:(7-1-24)

a.Initiate an enforcement action;(7-1-24)

b.Issue a notice of intent to deny the new application. If the application is denied and the expired permit is no longer effective as provided in Subsection 101.02, the owner or operator must cease the activities authorized by the permit or be subject to enforcement action for operating without a permit;(7-1-24)

c.Issue a new permit with appropriate conditions; or(7-1-24)

d.Take other actions authorized by state law.(7-1-24)

IDAPA 58.01.25.401 (Reserved)

IDAPA 58.01.25.500 Enforcement

01.General Enforcement and Penalties. A person who violates permit conditions, filing or reporting requirements, duty to allow or carry out inspections, entry or monitoring requirements, or other provisions in these rules is subject to administrative, civil, or criminal enforcement and those remedies authorized in the Environmental Protection and Health Act, Sections 39-101 et seq., Idaho Code, including without limitation, civil and criminal penalties as provided in Sections 39-108 and 39-117, Idaho Code.(7-1-24)

02.Truth in Reporting. It is a violation of these rules for a person to falsify, tamper with, or knowingly render inaccurate a monitoring device or method required to be maintained under an IPDES permit. In addition to other remedies available to the Department, a violation is punishable by a fine as provided in Section 39- 117, Idaho Code.(7-1-24)

03.False Statements. It is a violation of these rules for a person to knowingly make a false statement, representation, or certification in a record or other document submitted or required to be maintained under an IPDES permit, including monitoring reports or reports of compliance or non-compliance. In addition to other remedies available to the Department, a violation is punishable by a fine as provided in Section 39-117, Idaho Code. (7-1-24)

04.Public Participation in Enforcement. The Department will provide for public participation in the state enforcement process by:(7-1-24)

a.Investigating and providing written responses to citizen complaints;(7-1-24)

b.Not opposing intervention by a citizen when permissive intervention may be authorized by statute, rule, or regulation; and(7-1-24)

c.Publishing notice of and providing at least thirty (30) days for public comment on a proposed settlement of a state enforcement action.(7-1-24)

IDAPA 58.01.25.501 (Reserved)

IDAPA 58.01.25.600 Administrative Records and Data Management

01.Administrative Record for Draft Permits. The provisions of a draft permit prepared by the Department under Subsection 108.01 are based on the administrative record defined in this section.(7-1-24)

a.For a draft permit, the record consists of:(7-1-24)

i.Application, if required, and any supporting data furnished by the applicant;(7-1-24)

ii.Draft permit or notice of intent to deny the application or to terminate the permit;(7-1-24)

iii.Fact sheet;(7-1-24)

iv.All documents cited in the fact sheet; and(7-1-24)

v.Documents contained in the supporting file for the draft permit.(7-1-24)

b.Material readily available at the Department or published material generally available, and included in the administrative record under Subsection 600.01, need not be physically included with the rest of the record if specifically referred to in the fact sheet.(7-1-24)

c.Applies to draft permits when public notice was given after the effective date of these rules.

02.Administrative Record for Final Permits. The Department will base final permit decisions on the administrative record.(7-1-24)

a.The administrative record for a final permit, including issuance, denial, transfer, modification, revocation and reissuance, or termination, will consist of the administrative record for the draft permit and fact sheet, as defined in Subsection 600.01, the proposed permit and associated information, and(7-1-24)

i.Comments received during the public comment period provided under Section 109;(7-1-24)

ii.Record of, and written materials submitted as part of, meetings held under Section 109;(7-1-24)

iii.Application or notice of intent to obtain coverage under a general permit, notice of intent to deny the application, or to terminate the permit, and supporting data furnished by the applicant;(7-1-24)

iv.Response to comments required by Subsections 109.02 and 109.03 and new material placed in the record under that section; and(7-1-24)

v.Relevant correspondence and documents.(7-1-24)

b.The final permit and fact sheet become part of the administrative record after the final permit is issued.(7-1-24)

c.The additional documents identified under Subsection 600.02.b., 107.03, and 109.02 will be added to the record as soon as possible after their receipt or publication by the Department. The record is complete on the date the final permit is issued.(7-1-24)

d.This subsection applies to all IPDES permits when the draft permit was included in a public notice.

e.Material readily available from the Department or published materials that are generally available and included in the administrative record under Subsection 600.02 or Section 109, need not be physically included in the same file as the rest of the record if it is specifically referred to in the fact sheet or in the response to comments.

03.Electronic Submittals. Information the Department requires to be submitted electronically, with an electronic signature approved by the Department, will become part of the Administrative Record in accordance with Subsections 600.01 and 02.(7-1-24)

IDAPA 58.01.25.601 (Reserved)

58.01.01 Rules for the Control of Air Pollution in Idaho

IDAPA 58.01.01.000 Legal Authority

The Board of Environmental Quality is authorized to promu lgate rules for the Department of Environmental Quality governing air pollution pursuant to Sections 39-105, 39-107, 39-114, and 39-115, Idaho Code.(3-28-23)

IDAPA 58.01.01.001 Title and Scope

These rules are titled IDAPA 58.01.01, Rules of the Department of Environmental Quality, IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho” and provide for the control of air pollution in Idaho.(3-28-23)

IDAPA 58.01.01.002 Written Interpretations

The Department of Environmental Quality has written statements that p ertain to the interpretation of or compliance with these rules at 1410 N. Hilton, Boise, Idaho, the Department regional offices, and https://www.deq.idaho.gov.

IDAPA 58.01.01.003 Administrative Appeals

Persons may be entitled to appeal agenc y actions authorized under this chapter pursuant to IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-28-23)

IDAPA 58.01.01.004 (Reserved)

IDAPA 58.01.01.005 Definitions

Definitions in federal statute, federal regulation, and Idaho Code are incorporated by reference unless otherwise listed below. The terms “air contaminant or contamination,” “air pollution,” “board,” “department,” “director,” “emission,” and “person” have the meaning provided for those terms in Section 39-103, Idaho Code.(3-28-23)

IDAPA 58.01.01.006 General Definitions

01.Accountable.

Any SIP emission trading program must account for the aggregate effect of the emissions trades in the demonstration of reasonable further progress, attainment, or maintenance.(3-28-23)

02.Actual Emissions. The actual rate of emissions of a pollutant from an emissions unit as determined below:(3-28-23)

a.Actual emissions as of a particular date equal the average rate, in tons per year, at which the unit emitted the pollutant during a consecutive 24-month period that precedes the particular date and is representative of normal source operation. The Department will allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions must be calculated using the unit’s actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

b.The Department may presume that the source-specific allowable emissions for the unit are equivalent to actual emissions of the unit.(3-28-23)

c.For any emissions unit (other than an electric utility steam generating unit as specified below) which has not yet begun normal operations on the particular date, actual emissions equal the potential to emit of the unit on that date.(3-28-23)

d.For an electric utility steam generating unit (other than a new unit or the replacement of an existing unit) actual emissions of the unit following the physical or operational change equal the representative actual annual emissions of the unit, provided the source owner or operator maintains and submits to the Department, on an annual basis for a period of five (5) years from the date the unit resumes regular operation, information demonstrating that the physical or operational change did not result in an emissions increase. A longer period, not to exceed ten (10) years may be required by the Department if it determines such a period to be more representative of normal source post-change operations.(3-28-23)

03.Air Quality. The specific measurement in the ambient air of a particular air pollutant at any given time.(3-28-23)

04.Allowable Emissions. The allowable emissions rate of a stationary source or facility calculated using the maximum rated capacity of the source or facility (unless the source or facility is subject to federally enforceable limits that restrict the operating rate, or hours of operation, or both) and the most stringent of the

a.The applicable standards set forth in 40 CFR Parts 60, 61, and 63.(3-28-23)

b.Any applicable State Implementation Plan emissions limitation including those with a future compliance date; or(3-28-23)

c.The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.(3-28-23)

05.Ambient Air. That portion of the atmosphere, external to buildings, to which the general public has access.(3-28-23)

06.Ambient Air Quality Violation. Any ambient concentration that causes or contributes to an exceedance of a national ambient air quality standard as determined by 40 CFR Part 50.(3-28-23)

07.Attainment Area. Any area which is designated, pursuant to 42 U.S.C. Section 7407(d), as having ambient concentrations equal to or less than national primary or secondary ambient air quality standards for a particular air pollutant or air pollutants.(3-28-23)

08.Commence Construction or Modification. Initiation of physical on-site construction activities on an emissions unit that are permanent. Such activities include, but are not limited to, fabrication, erection, installation, or modification of a stationary source or facility, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities, other than preparatory activities, that mark the initiation of the

09.Control Equipment. Any method, process or equipment which removes, reduces or renders less noxious, air pollutants discharged into the atmosphere.(3-28-23)

10.Controlled Emission. An emission which has been treated by control equipment to remove all or part of an air pollutant before release to the atmosphere.(3-28-23)

11.Criteria Air Pollutant. Any of the following: PM10; PM2.5; sulfur oxides; ozone, nitrogen dioxide; carbon monoxide; lead.(3-28-23)

12.Emission. Any controlled or uncontrolled release or discharge into the outdoor atmosphere of any air pollutants or combination thereof. Emission also includes any release or discharge of any air pollutant from a stack, vent, or other means into the outdoor atmosphere that originates from an emission unit.(3-28-23)

13.Emission Standard. A permit or regulatory requirement established by the Department or EPA which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.(3-28-23)

14.Emissions Unit. An identifiable piece of process equipment or other part of a facility which emits or may emit any air pollutant.(3-28-23)

15.Environmental Remediation Source. A stationary source that functions to remediate or recover any release, spill, leak, discharge or disposal of any petroleum product or petroleum substance, any hazardous waste or hazard ous substance from any soil, ground water or surface water, and has an operational life no greater than five (5) years from the inception of any operations to the cessation of actual operations. Nothing in this definition limits remediation projects to five (5) years or less of total operation.(3-28-23)

16.Existing Stationary Source or Facility. Any stationary source or facility that exists, is installed, or is under construction on the original effective date of any applicable provision of this chapter.(3-28-23)

17.Facility. All of the pollutant-emitting activities that belong to the same industrial grouping, are located on one (1) or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities are considered as part of the same industrial grouping if they belong to the same Major Group (i.e. which have the same two-digit code) as described in the Standard Industrial Classification Manual. The fugitive emissions are not considered in determining whether a permit is required unless required by federal law.(3-28-23)

18.Federal Land Manager. The Secretary of the department with authority over the Federal Class I Area (or the Secretary's designee).(3-28-23)

19.Federally Enforceable. All limitations and conditions which are enforceable by EPA and the Department under the Clean Air Act, including those requirements developed pursuant to 40 CFR Parts 60 and 61 requirements within any applicable State Implementation Plan, and any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Parts 51, 52, 60, or 63.(3-28-23)

20.Fuel-Burning Equipment. Any furnace, boiler, or other apparatus, including all stacks and appurtenances thereto, that burns fuel for the primary purpose of producing heat or power by indirect heat transfer.

21.Fugitive Dust. Fugitive emissions composed of particulate matter.(3-28-23)

22.Fugitive Emissions. Those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.(3-28-23)

23.Gasoline. Any mixture of volatile hydrocarbons suitable as a fuel for the propulsion of motor vehicles or motorboats. Gasoline also means aircraft engine fuels when used for the operation or propulsion of motor vehicles or motor boats and includes gasohol, but does not include special fuels, which is defined as fuel suitable for diesel engines; a compressed or liquefied gas obtained as a by-product in petroleum refining or natural gasoline manufacture, such as butane, isobutane, propane, propylene, butylenes, and their mixtures; and natural gas, either liquid or gas, and hydrogen, used for the generation of power for the operation or propulsion of motor vehicles.

24.Gasoline Cargo Tank. Any tank or trailer used for the transport of gasoline from sources of supply to underground gasoline storage tanks.(3-28-23)

25.Gasoline Dispensing Facility (GDF). Any facility with underground gasoline storage tanks used for dispensing gasoline.(3-28-23)

26.Hazardous Air Pollutant (HAP). Any air pollutant listed pursuant to Section 112(b) of the Clean Air Act. Hazardous Air Pollutants are regulated air pollutants.(3-28-23)

27.Incinerator. Any source consisting of a furnace and all appurtenances thereto designed for the destruction of refuse by burning. “Open Burning” is not considered incineration. For purposes of these rules, the destruction of any combustible liquid or gaseous material by burning in a flare stack shall be considered incineration.

28.Integral Vista. A view perceived from within the mandatory Class I Federal Area of a specific landmark or panorama located outside the boundary of the mandatory Class I Federal Area.(3-28-23)

29.Mandatory Class I Federal Area.

Any area identified in 40 CFR 81.400 through 81.437.

30.Mercury Best Available Control Technology (MBACT). An emission standard for mercury (including elemental mercury and mercury compounds) based on the maximum degree of reduction practically achievable as specified by the Department on an individual case-by-case basis considering energy, economic and environmental impacts, and other relevant impacts specific to the source. A Department approved MBACT is valid until the source subject to the MBACT is modified. If the proposed modification to the source subject to MBACT occurs within ten (10) years of the MBACT determination, a new MBACT review is not triggered if the source can meet the existing MBACT requirements. If the proposed modification occurs more than ten (10) years after the MBACT determination, then the proposed modification will be subject to a new MBACT review.(3-28-23)

31.Modification.(3-28-23)

a.Any physical change in, or change in the method of operation of, a stationary source or facility that results in an emission increase as defined in Section 007 or that would result in the emission of any regulated air pollutant not previously emitted.(3-28-23)

b.Any physical change in, or change in the method of operation of, a stationary source or facility that would result in an increase in the emissions rate of any state only toxic air pollutant, or emissions of any state only toxic air pollutant not previously emitted.(3-28-23)

c.Fugitive emissions are not considered in determining whether a permit is required for a modification unless required by federal law.(3-28-23)

d.Routine maintenance, repair and replacement are not considered physical changes and the following are not considered a change in the method of operation:(3-28-23)

i.An increase in the production rate if such increase does not exceed the operating design capacity of the affected stationary source, and if a more restrictive production rate is not specified in a permit;(3-28-23)

ii.An increase in hours of operation if more restrictive hours of operation are not specified in a permit; and(3-28-23)

iii.Use of an alternative fuel or raw material if the stationary source is specifically designed to accommodate such fuel or raw material before January 6, 1975, and use of such fuel or raw material is not specifically prohibited in a permit.(3-28-23)

32. National Ambient Air Quality Standard (NAAQS). National primary and secondary ambient air quality standards under Section 109 of the Clean Air Act (CAA) are set forth in 40 CFR Part 50 and incorporated by reference in Section 107. Primary standards define levels of air quality that EPA has determined, with an adequate margin of safety, to protect public health. Secondary standards define levels of air quality necessary to protect public welfare from any known or anticipated adverse effects of a pollutant. Pollutants subject to a NAAQS are termed criteria pollutants. Geographic areas are designated as unclassifiable, attainment, or nonattainment of the NAAQS.

Section 110 of the CAA and 40 CFR Parts 51 and 52, incorporated by reference in Section 107, requires states to submit state implementation plans to meet, attain, and maintain the NAAQS.(3-28-23)

33.New Stationary Source or Facility.(3-28-23)

a.Any stationary source or facility, the construction or modification of which is commenced after the original effective date of any applicable provision of this chapter; or(3-28-23)

b.The restart of a non-operating facility is considered a new stationary source or facility if: (3-28-23)

i.The restart involves a modification to the facility; or(3-28-23)

ii.If after the facility has been in a non-operating status for a period of two (2) years, and the Department receives an application for a Permit to Construct in the area affected by the existing non-operating facility , then the Department will, within five (5) working days of receipt of the application notify the facility of receipt of the application for a Permit to Construct. To not be considered a new stationary source or facility within thirty (30) working days upon receipt of this notification, the facility must provide the Department with a schedule detailing the restart of the facility. The restart must begin within sixty (60) days of the date the Department receives the restart schedule.(3-28-23)

34.Nonattainment Area. Any area which is designated, pursuant to 42 U.S.C. Section 7407(d), as not meeting (or contributes to ambient air quality in a nearby area that does not meet) the national primary or secondary ambient air quality standard for the pollutant.(3-28-23)

35.Particulate Matter. Any material, except water in uncombined form, that exists as a liquid or a solid at standard conditions. Emissions are measured by an applicable reference method, or any equivalent or alternative method in accordance with Section 157. PM10 is all particulate matter in the ambient air with an aerodynamic diameter less than or equal to ten (10) micrometers. PM2.5 is all particulate matter in the ambient air with an aerodynamic diameter less than or equal to two point five (2.5) micrometers.(3-28-23)

36.Potential to Emit/Potential Emissions. The maximum capacity of a facility or stationary source to emit an air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the facility or source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, is treated as part of its design if the limitation or the effect it would have on emissions is state or federally enforceable. Secondary emissions do not count in determining the potential to emit of a facility or stationary source.(3-28-23)

37.Portable Equipment. Equipment designed to be dismantled and transported from one (1) job site to another.(3-28-23)

38.Process or Process Equipment. Any equipment, device or contrivance for changing any materials whatever or for storage or handling of any materials, and all appurtenances thereto, including ducts, stack, etc., the use of which may cause any discharge of an air pollutant into the ambient air but not including that equipment specifically defined as fuel-burning equipment or refuse-burning equipment.(3-28-23)

39.Regulated Air Pollutant.(3-28-23)

a.For purposes of determining applicability of major source permit to operate requirements, issuing, and modifying permits pursuant to Sections 300 through 397, and in accordance with Title V of the federal Clean Air Act amendments of 1990, 42 U.S.C. Section 7661 et seq., “regulated air pollutant” has the same meaning as in Title V of the federal Clean Air Act amendments of 1990, and any applicable federal regulations promulgated pursuant to Title V of the federal Clean Air Act amendments of 1990, 40 CFR Part 70;(3-28-23)

b.For purposes of determining applicability of any other operating permit requirements, issuing, and modifying permits pursuant to Sections 400 through 409, the federal definition of “regulated air pollutant” as defined in Subsection 006.39.a. also applies;(3-28-23)

c.For purposes of determining applicability of permit to construct requirements, issuing, and modifying permits pursuant to Sections 200 through 227, except Section 214, and in accordance with Part D of Subchapter I of the federal Clean Air Act, 42 U.S.C. Section 7501 et seq., “regulated air pollutant” means those air contaminants that are regulated in non-attainment areas pursuant to Part D of Subchapter I of the federal Clean Air Act and applicable federal regulations promulgated pursuant to Part D of Subchapter I of the federal Clean Air Act, 40 CFR 51.165; and(3-28-23)

d.For purposes of determining applicability of any other major or minor permit to construct requirements, issuing, and modifying permits pursuant to 200 through 227, except Section 214, “regulated air pollutant” means those air contaminants that are regulated in attainment and unclassifiable areas pursuant to Part C of Subchapter I of the federal Clean Air Act, 40 CFR 52.21, and any applicable federal regulations promulgated pursuant to Part C of Subchapter I of the federal Clean Air Act, 42 U.S.C. Section 7470 et seq.(3-28-23)

40.Replicable. Any SIP procedures for applying emission trading must be structured so that two (2) independent entities would obtain the same result when determining compliance with the emission trading provisions.(3-28-23)

41.Responsible Official. One (1) of the following:(3-28-23)

a.For a corporation: 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 a duly authorized representative of such person if the representative is responsible for the overall operation of one (1) or more manufacturing, production, or operating facilities applying for or subject to a permit and

i.The facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 dollars); or(3-28-23)

ii.The delegation of authority to such representative is approved in advance by the Department.

b.For a partnership or sole proprietorship: a general partner or the proprietor, respectively. (3-28-23)

c.For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of Section 123, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA).(3-28-23)

d.For Phase II sources:(3-28-23)

i.The designated representative in so far as actions, standards, requirements, or prohibitions under 42 U.S.C. Sections 7651 through 7651o or the regulations promulgated thereunder are concerned; and(3-28-23)

ii.The designated representative for any other purposes under 40 CFR Part 70.(3-28-23)

42.Secondary Emissions. Emissions that occur as a result of the construction, modification, or operation of a stationary source or facility, but do not come from the stationary source or facility itself. Secondary emissions must be specific, well defined, quantifiable, and affect the same general area as the stationary source, facility, or modification that causes the secondary emissions. Secondary emissions include emissions from any offsite support facility that would not be constructed or increase its emissions except as a result of the construction or operation of the primary stationary source, facility or modification. Secondary emissions do not include any emissions that come directly from a mobile source regulated under 42 U.S.C. Sections 7521 through 7590. (3-28-23)

43.Significant. In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following:(3-28-23)

a.Criteria Pollutant Significant emission rate.

Criteria PollutantEmission Rate (tons/year)

CO100

Ozone as NO Ozone as VOC40 PM25 as SO as NO Pb0.6

b.Non criteria pollutant significant emission rate.

c.Other pollutants with a significant emission rate.

44.Significant Contribution. Any increase in ambient concentrations which would exceed the following:

Any regulated air pollutant not listed in this definition.

Greater than 0 Non-Criteria Pollutant Emission Rate (tons/year)

H2S10

TRS (including H2S)10 Reduced sulfur compounds (including H2S)10 H2SO4 mist7 Fluorides3 Any regulated pollutant not listed in this definition and not a TAPGreater than zero Other Measured as Emission rate (tons/year)

Municipal waste combustor organics total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans 3.5 × 10 -6 Municipal waste combustor metalsParticulate matter15 Municipal waste combustor acid gases and hydrogen chloride40 Municipal solid waste landfillsNonmethane organic compounds50 Any new or modified major source within 10 kilometers of a Class I area Any regulated air pollutant Any rate or net increase with a 24hour impact of ≥ 1 μg/m3 Pollutant Annual Averaging time (hours) 24 8 3 1 5 μg/m 25 μg/m 5 μg/m 0.3 μg/m 1.2 μg/m CO0.5 mg/m 2 mg/m Criteria PollutantEmission Rate (tons/year)

45.Source. A stationary source.(3-28-23)

46.Source Operation. The last operation preceding the emission of air pollutants when this operation:

a.Results in the separation of the air pollutants from the process materials or in the conversion of the process materials into air pollutants, as in the case of fuel combustion; and(3-28-23)

b.Is not an air cleaning device.(3-28-23)

47.Stack. Any point in a source arranged to conduct emissions to the ambient air, including a chimney, flue, conduit, or duct but not including flares.(3-28-23)

48.Stationary Source. Any building, structure, facility, emissions unit, or installation which emits or may emit any air pollutant. The fugitive emissions shall not be considered in determining whether a permit is required unless required by federal law.(3-28-23)

49.Tier I Source. Any of the following:(3-28-23)

a.Any source located at any major facility as defined in Section 008;(3-28-23)

b.Any source, including an area source, subject to a standard, limitation, or other requirement under 42 U.S.C. Section 7411 or 40 CFR Part 60, and required by EPA to obtain a Part 70 permit;(3-28-23)

c.Any source, including an area source, subject to a standard or other requirement under 42 U.S.C.

Section 7412, 40 CFR Part 61 or 40 CFR Part 63, and required by EPA to obtain a Part 70 permit, except that a source is not required to obtain a permit solely because it is subject to requirements under 42 U.S.C. Section 7412(r);

d.Any Phase II source; and(3-28-23)

e.Any source in a source category designated by the Department.(3-28-23)

50.Toxic Air Pollutant. An air pollutant that has been determined by the Department to be by its nature, toxic to human or animal life or vegetation and listed in Section 585 or 586.(3-28-23)

51.TRS (Total Reduced Sulfur). Hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide and any other organic sulfide present.(3-28-23)

52.Unclassifiable Area. An area which, because of a lack of adequate data, is unable to be classified pursuant to 42 U.S.C. Section 7407(d) as either an attainment or a nonattainment area.(3-28-23)

53.Uncontrolled Emission. An emission which has not been treated by control equipment. (3-28-23)

IDAPA 58.01.01.007 Definitions for the Purposes of Sections 200 Through 228 and 400 Through 461

01.Agricultural Activities and Services. For th e purposes of Subsection 222.02.f., the usual and customary activities of cultivating the soil, producing crops and raising livestock for use and consumption.

Agricultural activities and services do not include manufacturing, bulk storage, handling for resale or the formulation of any agricultural chemical listed in Sections 585 or 586.(3-28-23)

02.Baseline Actual Emissions. The rate of emissions, in tons per year, of a regulated air pollutant as determined by the following provisions:(3-28-23)

a.For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the regulated air pollutant during any consecutive twenty-four (24) month period selected by the owner or operator within the five (5) year period immediately preceding when the owner or operator begins actual construction of the project. The Department will allow the use of a different time period upon a determination that it is more representative of normal source operation. The average rate must:

i.Include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.(3-28-23)

ii.Be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive twenty-four (24) month

iii.For a regulated air pollutant, when a project involves multiple emissions units, use only one (1) consecutive twenty-four (24) month period to determine the baseline actual emissions for all the emissions units being changed. A different consecutive twenty-four (24) month period can be used for each regulated air pollutant.

iv.Not be based on any consecutive twenty-four (24) month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subsection 007.02.a.ii.(3-28-23)

b.For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the regulated air pollutant during any consecutive twenty-four (24) month period selected by the owner or operator within the ten (10) year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Department for a permit required under these rules, whichever is earlier, except that the ten (10) year period must not include any period earlier than November 15, 1990.

The average rate must:(3-28-23)

i.Include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.(3-28-23)

ii.Be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive twenty-four (24) month

iii.Be adjusted downward to exclude any emission limitation with which the source must currently comply, had such source been required to comply with such limitations during the consecutive twenty-four (24) month period; however, if an emission limitation is part of a standard or other requirement under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the Department has taken credit for such emissions reductions in an attainment demonstration or maintenance plan.(3-28-23)

iv.For a regulated air pollutant, when a project involves multiple emissions units, use only one (1) consecut ive twenty-four (24) month period to determine the baseline actual emissions for all the emissions units being changed. A different consecutive twenty-four (24) month period can be used for each regulated air pollutant.

v.Not be based on any consecutive twenty-four (24) month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subsections 007.02.b.ii. and 007.02.b.iii.(3-28-23)

c.For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit must: equal zero (0) and, thereafter, for all other purposes, equal the unit’s potential to emit.(3-28-23)

d.For a plant-wide applicability limit (PAL) for a stationary source, the baseline actual emissions must be calculated for existing electric utility steam generating units in accordance with the procedures contained in Subsection 007.02.a, for other existing emissions units in accordance with the procedures contained in Subsection 007.02.b., and for a new emissions unit in accordance with the procedures contained in Subsection 007.02.c.

03.Emissions Increase. The amount by which projected actual emissions exceed baseline actual emissions of an emissions unit.(3-28-23)

04.Net Emissions Increase. For purposes of Sections 204 and 205, a net emissions increase is defined by the federal regulations incorporated by reference. For purposes of Section 210, a net emissions increase is an emissions increase from a particular modification plus any other increases and decreases in actual emissions at the facility that are creditable and contemporaneous with the particular modification, where:(3-28-23)

a.A creditable increase or decrease in actual emissions is contemporaneous with a particular modification if it occurs between the date five (5) years before the commencement of construction or modification on the particular change and the date that the increase from the particular modification occurs. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred and eighty (180) days;(3-28-23)

b.A decrease in actual emissions is creditable only if it satisfies the requirements for emission reduction credits (Section 460) and has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular modification and is federally enforceable at and after the time that construction of the modification commences.(3-28-23)

c.The increase in toxic air pollutant emissions from an already operating or permitted source is not included in the calculation of the net emissions increase for a proposed new source or modification if:(3-28-23)

i.The already operating or permitted source commenced construction or modification prior to July 1, 1995; or(3-28-23)

ii.The uncontrolled emission rate from the already operating or permitted source is ten per cent (10%) or less of the applicable screening emissions level listed in Section 585 or 586; or(3-28-23)

iii.The already operating or permitted source is an environmental remediation source subject to or regulated by the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901-6992k) and IDAPA 58.01.05, “Idaho Rules and Standards for Hazardous Waste,” (IDAPA 58.01.05.000 et seq.) or the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 6901-6992k) or a consent order.(3-28-23)

05.Projected Actual Emissions.(3-28-23)

a.The maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated air pollutant in any one (1) of the five (5) years (twelve (12) month period) following the date the unit resumes regular operation after the project, or in any one (1) of the ten (10) years following that date, if the project inv olves increasing the emissions unit’s design capacity or its potential to emit that regulated air pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at an existing major stationary source.(3-28-23)

b.In determining the projected actual emissions, the owner or operator of the stationary source:

i.Shall consider all relevant information including, but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with state or federal regulatory authorities, and compliance plans under the approved state implementation plan; and(3-28-23)

ii.Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and(3-28-23)

iii.Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive twenty-four (24) month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or(3-28-23)

iv.In lieu of using the method set out in Subsections 007.05.b.i. through 007.05.b.iii., may elect to use the emissions unit’s potential to emit, in tons per year.(3-28-23)

06.Reasonable Further Progress (RFP). Annual incremental reductions in emissions of the applicable air pollutant as identified in the SIP which are sufficient to provide for attainment of the applicable ambient air quality standard by the required date.(3-28-23)

07.Sensitive Receptor. Any residence, building or location occupied or frequented by persons who, due to age, infirmity or other health-based criteria, may be more susceptible to the deleterious effects of a toxic air pollutant than the general population including, but not limited to, elementary and secondary schools, day care centers, playgrounds and parks, hospitals, clinics and nursing homes.(3-28-23)

08.Short Term Source. Any new stationary source or modification to an existing source, with an operational life no greater than five (5) years from the inception of any operations to the cessation of actual operations.(3-28-23)

IDAPA 58.01.01.008 Definitions for the Purposes of Sections 300 Through 386

01.Affected States. All States:(3-28-23)

a.Whose air quality may be affected by the emissions of the Tier I source and that are contiguous to Idaho; or(3-28-23)

b.That are within fifty (50) miles of the Tier I source.(3-28-23)

02.Allowance. An authorization allocated to a Phase II source by the EPA to emit during or after a specified calendar year, one (1) ton of sulfur dioxide.(3-28-23)

03.Applicable Requirement. All of the following if approved or promulgated by EPA as they apply to emissions units in a Tier I source (including requirements that have been promulgated through rulemaking at the time of permit issuance but which have future-effective compliance dates):(3-28-23)

a.Any standard or other requirement provided for in the applicable state implementation plan, including any revisions to that plan that are specified in 40 CFR Parts 52.670 through 52.690.(3-28-23)

b.Any term or condition of any permits to construct issued by the Department pursuant to Sections 200 through 223 or by EPA pursuant to 42 U.S.C. Sections 7401 through 7515; provided that terms or conditions relevant only to toxic air pollutants are not applicable requirements.(3-28-23)

c.Any standard or other requirement under 42 U.S.C. Section 7411 including 40 CFR Part 60;

d. Any standard or other requirement under 42 U.S.C. Section 7412 including 40 CFR Part 61 and 40 CFR Part 63;(3-28-23)

e.Any standard or other requirement of the acid rain program under 42 U.S.C. Sections 7651 through 7651o;(3-28-23)

f.Any requirements established pursuant to 42 U.S.C. Section 7414(a)(3), 42 U.S.C. Section 7661c(b) or Sections 120 through 128;(3-28-23)

g.Any standard or other requirement governing solid waste incineration, under 42 U.S.C. Section 7429;(3-28-23)

h.Any standard or other requirement for consumer and commercial products and tank vessels, under 42 U.S.C. Sections 7511b(e) and (f); and(3-28-23)

i.Any standard or other requirement under 42 U.S.C. Sections 7671 through 7671q including 40 CFR Part 82.(3-28-23)

j.Any ambient air quality standard or increment or visibility requirement provided in 42 U.S.C.

Sections 7470 through 7492, but only as applied to temporary sources receiving Tier I operating permits under Section 336.(3-28-23)

04.Designated Representative. A responsible person or official authorized by the owner or operator of a Phase II unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a Phase II unit, and the submission of and compliance with permits, permit applications, and compliance plans for the Phase II unit.(3-28-23)

05.Draft Permit. The version of a Tier I operating permit that is made available by the Department for public participation and affected State review.(3-28-23)

06.Final Permit. The version of a Tier I permit issued by the Department that has completed all review procedures required in Sections 364 and 366.(3-28-23)

07.General Permit. A Tier I permit issued pursuant to Section 335.(3-28-23)

08.Major Facility. A facility (as defined in Section 006) is major if the facility meets any of the following criteria.(3-28-23)

a.For hazardous air pollutants, the facility emits or has the potential to emit:(3-28-23)

i.Ten (10) tons per year (tpy) or more of any hazardous air pollutant, other than radionuclides, which has been listed pursuant to 42 U.S.C. Section 7412(b); provided that emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any oil or gas pipeline compressor or pump station must not be aggregated with emissions from other similar emission units within the facility; or(3-28-23)

ii.Twenty-five (25) tpy or more of any combination of any hazardous air pollutants, other than radionuclides, which have been listed pursuant to 42 U.S.C. 7412(b); provided that emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any oil or gas pipeline compressor or pump station must not be aggregated with emissions from other similar emission units within the facility.

b.For non-attainment areas, the facility is located in:(3-28-23)

i.A “serious” particulate matter (PM10 or PM2.5) nonattainment area and the facility has the potential to emit seventy (70) tpy or more of PM10 or PM2.5;(3-28-23)

ii.A “serious” carbon monoxide nonattainment area in which stationary sources are significant contributors to carbon monoxide levels and the facility has the potential to emit fifty (50) tpy or more of carbon monoxide;(3-28-23)

iii.An ozone transport region established pursuant to 42 U.S.C.

Section 7511c and the facility has the potential to emit fifty (50) tpy or more of volatile organic compounds; or(3-28-23)

iv.An ozone nonattainment area and, depending upon the classification of the nonattainment area, the facility has the potential to emit the following amounts of volatile organic compounds or oxides of nitrogen; provided that oxides of nitrogen are not included if the facility has been identified in accordance with 42 U.S.C. Section 7411a(f)(1) or (2) if the area is “marginal” or “moderate,” one hundred (100) tpy or more, if the area is “serious,” fifty (50) tpy or more, if the area is “severe,” twenty-five (25) tpy or more, and if the area is “extreme,” ten (10) tpy or more.(3-28-23)

c.The facility emits or has the potential to emit one hundred (100) tons per year or more of any regulated air pollutant. The fugitive emissions are not considered in determining whether the facility is major unless the facility belongs to one (1) of the following categories:(3-28-23)

i.Designated facilities.(3-28-23)

ii.All other source categories regulated by 40 CFR Part 60, 61 or 63, but only with respect to those air pollutants that have been regulated for that category and only if determined by rule by the Administrator of EPA pursuant to Section 302(j) of the Clean Air Act.(3-28-23)

IDAPA 58.01.01.009 Definitions for the Purposes of 40 Cfr Parts 60, 61, and 63

Notwithstanding the definitions listed in Sections 006 through 00 8, the definitions in 40 CFR Parts 60, 61, and 63 will have the meaning given in those Parts, except that the term “Administrator” means “Department.”(3-28-23)

IDAPA 58.01.01.010 (Reserved)

IDAPA 58.01.01.107 Incorporations by Reference

01.Requirements for Preparation, Adoption, and Submittal of Implementation Plans. 40 CFR Part 51 revised as of July 1, 2025. All sections included in 40 CFR Part 51, Subpart P, Protection of Visibility, are excluded from incorporation except 51.301, 51.304(a), 51.307, and 51.308 are incorporated by reference into these rules.(7-1-26)

02.National Primary and Secondary Ambient Air Quality Standards. 40 CFR Part 50, revised as of July 1, 2025.(7-1-26)

03.Approval and Promulgation of Implementation Plans. 40 CFR Part 52, Subparts A and N and Appendices D and E, revised as of July 1, 2025.(7-1-26)

04.Ambient Air Monitoring Reference and Equivalent Methods. 40 CFR Part 53, revised as of July 1, 2025.(7-1-26)

05.Ambient Air Quality Surveillance. 40 CFR Part 58, revised as of July 1, 2025.(7-1-26)

06.Standards of Performance for New Stationary Sources. 40 CFR Part 60, revised as of July 1, 2025.(7-1-26)

07.National Emission Standards for Hazardous Air Pollutants. 40 CFR Part 61, revised as of July 1, 2025.(7-1-26)

08.Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators Constructed on or Before December 1, 2008. 40 CFR Part 62, Subpart HHH, revised as of July 1, 2025.(7-1-26)

09.Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction On or Before July 17, 2014 and Have Not Been Modified or Reconstructed Since July 17, 2014. 40 CFR Part 62, Subpart OOO, revised as of July 1, 2025.(7-1-26)

10.National Emission Standards for Hazardous Air Pollutants for Source Categories. 40 CFR Part 63, revised as of July 1, 2025.(7-1-26)

11.Compliance Assurance Monitoring. 40 CFR Part 64, revised as of July 1, 2025.(7-1-26)

12.State Operating Permit Programs. 40 CFR Part 70, revised as of July 1, 2025.(7-1-26)

13.Permits. 40 CFR Part 72, revised as of July 1, 2025.(7-1-26)

14.Sulfur Dioxide Allowance System. 40 CFR Part 73, revised as of July 1, 2025.(7-1-26)

15.Protection of Stratospheric Ozone. 40 CFR Part 82, revised as of July 1, 2025.(7-1-26)

16.Clean Air Act. 42 U.S.C. Sections 7401 through 7671g (1997).(7-1-24)

IDAPA 58.01.01.108 Obligation to Comply

Receiving a permit to construct, a Tier I operating permit, a Tier II operating permit, a Permit by Rule, or a Certificate of Registration for portable equipment does not relieve any owner or operator of the responsibility to comply with all applicable local, state and federal statutes, rules and regulations.(3-28-23)

IDAPA 58.01.01.109 (Reserved)

IDAPA 58.01.01.121 Compliance Requirements by Department

Any person engaged in an activity that may violate the air quality provisions of the Act, violate an air quality order issued or entered in accordance with the Act or these rules, or violate any of these rules, may be required by the Department to do any of the following:(3-28-23)

01.Schedule. Prepare a proposed schedule whereby the unlawful activity will be brought into compliance over a specified period of time.(3-28-23)

02.Report. Submit periodic reports to the Department indicating progress in achieving compliance.

03.Records. Submit, keep and maintain appropriate records.(3-28-23)

04.Monitoring. Monitor air pollutants at the source, in the ambient air, or in vegetation to demonstrate compliance.(3-28-23)

05.Episode Plans. Develop emergency episode plans to help prevent ambient air pollution concentrations from reaching levels which would cause substantial endangerment to health or the environment.

IDAPA 58.01.01.122 Information Orders by the Department

The Department may issue information orders as follows:(3-28-23)

Purpose. For the purpose of:(3-28-23)

a.Developing or assisting in the development of any implementation plan, any standard of performance, any emission standard or any rule;(3-28-23)

b.Determining whether any person is in violation of any standard of performance, any emission standard, any implementation plan or any rule; or(3-28-23)

c.Carrying out any air quality provisions of the Act, any air quality order issued or entered in accordance with the Act or rules, or any of these rules.(3-28-23)

02.Persons. The Department may issue an information order to any person who:(3-28-23)

a.Owns or operates any emission source;(3-28-23)

b.Manufactures emission control equipment;(3-28-23)

c.The Department believes may have information necessary to meet the intent of these rules; or

d.Is subject to any requirement of these rules.(3-28-23)

03.Procedures. The information order may require the following on a one-time, periodic or continuous basis:(3-28-23)

a.Establish, maintain and submit records;(3-28-23)

b.Make reports;(3-28-23)

c.Install, use, and maintain monitoring equipment, and use audit procedures or methods;(3-28-23)

d.Sample emissions in accordance with procedures or methods, at such locations, at such intervals, during such periods and in such manner as the Department prescribes;(3-28-23)

e.Keep records on control equipment parameters, production variables or other indirect data when the Department determines that direct monitoring of emissions is impractical;(3-28-23)

f.Submit compliance certifications including:(3-28-23)

i.Identification of the applicable requirement that is the basis of the certification;(3-28-23)

ii.The method(s) or other means used by the owner or operator for determining the compliance status for each applicable requirement, and whether such methods or other means provide continuous or intermittent data;

iii.The status of compliance with each applicable requirement, based on the method or means designated in Subsection 122.03.f.ii. The certification must identify each deviation and take it into account in the compliance certification. The certification must also identify, as possible exceptions to compliance, any periods during which compliance is required and in which an excursion or exceedance as defined under 40 CFR Part 64 occurred; and(3-28-23)

g.Provide such other information as the Department may require.(3-28-23)

IDAPA 58.01.01.123 Certification of Documents

All documents, including but not limited to, application forms for permits to construct, application forms for operatin g permits, progress reports, records, monitoring data, supporting information, requests for confidential treatment, testing reports or compliance certifications submitted to the Department must contain a certification by a responsible official. The certification must state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.(3-28-23)

IDAPA 58.01.01.124 (Reserved)

IDAPA 58.01.01.125 False Statements

Persons are prohibited from knowingly making any false statement, repres entation, or certification in any form, notice, or report required under any permit, or any applicable rule or order in force pursuant thereto.(3-28-23)

IDAPA 58.01.01.126 Tampering

Persons are prohibited from knowingly interfering with any m onitoring device or method required under any permit, or any applicable rule or order in force pursuant thereto.(3-28-23)

IDAPA 58.01.01.127 (Reserved)

IDAPA 58.01.01.128 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 Section 39-111, 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 IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.” If the information for which the person is requesting confidential treatment is submitted to the Department under Sections 300 through 386 or the terms or conditions of a Tier I operating permit, the person must also submit the same information directly to the EPA.(3-28-23)

IDAPA 58.01.01.129 (Reserved)

IDAPA 58.01.01.130 Startup, Shutdown, Scheduled Maintenance, Safety Measures, Upset and

BREAKDOWN.

01.Procedures. Sect ions 130 through 136 establish procedures to be implemented in all excess emissions events and establish criteria to be applied by the Department in determining whether to take enforcement action to impose penalties for an excess emissions event where the excess emissions are caused by startup, shutdown, scheduled maintenance, upset, or breakdown of any emissions unit or that occur as a direct result of the implementation of any safety measure.(7-1-24)

02.Definitions.(7-1-24)

a.Breakdown. An unplanned failure of any equipment or emissions unit that may cause excess emissions.(7-1-24)

b.Excess Emissions. Emissions that exceed an applicable emissions standard established for any facility, source or emissions unit by statute, regulation, rule, permit, or order.(7-1-24)

c.Safety Measure. Any shutdown (and related startup) or bypass of equipment or processes undertaken to prevent imminent injury or death or severe damage to equipment or property which may cause excess emissions.(7-1-24)

d.Scheduled Maintenance. Planned upkeep, repair activities and preventative maintenance on any air pollution control equipment or emissions unit, including process equipment, and including shutdown and startup of such equipment.(7-1-24)

e.Shutdown. The normal and customary time period required to cease operations of air pollution control equipment or an emissions unit beginning with the initiation of procedures to terminate normal operation and continuing until the termination is completed.(7-1-24)

f.Startup. The normal and customary time period required to bring air pollution control equipment or an emissions unit, including process equipment, from a nonoperational status into normal operation.(7-1-24)

g.Upset. An unplanned disruption in the normal operations of any equipment or emissions unit that may cause excess emissions.(7-1-24)

IDAPA 58.01.01.131 Excess Emissions

01.Applicability.

The owner or operator of a facility or emissions unit generating excess emissions must comply with Sections 131, 132, 133.01, 134.01, 134.02, 134.03, 135, and 136, as applicable. If the owner or operator anticipates requesting consideration under Subsection 131.02, then the owner or operator must also comply with the applicable provisions of Subsections 133.02, 133.03, 134.04, and 134.05.(3-28-23)

02.Enforcement Action Criteria. Where an excess emissions event occurs as a direct result of startup, shutdown, or scheduled maintenance, or an unavoidable upset or unavoidable breakdown, or the implementation of a safety measure, the Department will consider the sufficiency of the information submitted and the following criteria to determine if an enforcement action to impose penalties is warranted:(3-28-23)

a.Whether prior to the excess emissions event, the owner or operator submitted and implemented procedures pursuant to Subsections 133.02 and 133.03 or Subsections 134.04 and 134.05, as applicable;(3-28-23)

b.Whether the owner or operator complied with all relevant portions of Subsections 131, 132, 133.01, 134.01, 134.02, 134.03, 135, and 136;(3-28-23)

c.Whether the excess emissions event was part of a recurring pattern of excess emissions events indicative of inadequate design, operation or maintenance of the facility or emissions unit; and(3-28-23)

d.Where appropriate, whether the excess emissions event was caused by an activity necessary to prevent loss of life, personal injury or severe property damage.(3-28-23)

03.Effect of Determination. Any decision by the Department under Subsection 131.02 will not excuse the owner or operator from compliance with the relevant emission standard and will not preclude the Department from taking an enforcement action to enjoin the activity causing the excess emissions. Any decision made by the Department under Subsection 131.02 does not preclude the Department from taking an enforcement action for future or other excess emission events. The affirmative defense for emergencies under Section 332 may be applied in addition to the provisions of Sections 130 through 136.(3-28-23)

IDAPA 58.01.01.132 Correction of Condition

The person responsible for, or in charge of a facility during, an excess emissions event must, with all practicable speed, initiate and complete appropriate and reasonable action to correct the conditions causing such excess emissions event; to reduce the frequency of occurrence of such events; to minimize the amount by which the emission standard is exceeded; and must, as provided below or upon request of the Department, submit a full report of such occurrence, including a statement of all known causes, and of the scheduling and nature of the actions to be taken.

IDAPA 58.01.01.133 Startup, Shutdown and Scheduled Maintenance Requirements

The requirements in Subsection 133.01 apply in all cases where startup, shutdown, or scheduled maintenance of any equipment or emissions unit is expected to result or results in an excess emissions event. The owner or operator of the facility or emissions unit generating the excess emissions must demonstrate compliance with all of the requirements of Subsection 133.01, as well as the development and implementation of procedures pursuant to Subsections 133.02 and 133.03 as a prerequisite to any consideration under Subsection 131.02.(3-28-23)

01.General Provisions. The following pertains to all startup, shutdown, and scheduled maintenance activities expected to result or resulting in excess emissions. The owner or operator of a source of excess emissions

a.Ensure that no scheduled startup, shutdown, or maintenance resulting in excess emissions occurs during any period in which an Air Quality Advisory has been declared by the Department within an area designated by the Department as a PM10 nonattainment area, unless the permittee demonstrates that such is reasonably necessary to facility operations and cannot be reasonably avoided and the Department approves such activity in advance, to the extent advance approval by the Department is feasible. This prohibition on scheduled startup, shutdown or maintenance activities during Advisories does not apply to situations where shutdown is necessitated by urgent situations, such as imminent equipment failure, power curtailment, worker safety concerns or similar situations.(3-28-23)

b.Notify the Department of any startup, shutdown, or scheduled maintenance event that is expected to cause an excess emissions event. Such notification must identify the time of the excess emissions, specific location, equipment involved, and type of excess emissions event (i.e. startup, shutdown, or scheduled maintenance).

The notification must be given as soon as reasonably possible, but no later than two (2) hours prior to the start of the excess emissions event unless the owner or operator demonstrates to the Department’s satisfaction that a shorter advanced notice was necessary. The Department may prohibit or postpone any scheduled startup, shutdown, or maintenance activity upon consideration of the factors listed in Subsection 134.03;(3-28-23)

c.Report and record the information required pursuant to Sections 135 and 136 for each excess emissions event due to startup, shutdown, or scheduled maintenance and(3-28-23)

d.Make the maximum reasonable effort, including off-shift labor where practicable to accomplish maintenance during periods of nonoperation of any related source operations or equipment.(3-28-23)

02.Excess Emissions Procedures. For all equipment or emissions unit from which excess emissions may occur during startup, shutdown, or scheduled maintenance, the facility owner or operator must prepare, implement and file with the Department specific procedures that will be used to minimize excess emissions during such events. Specific information for each of the types of excess emissions events (i.e. startup, shutdown and scheduled maintenance) must be established or documented for each piece of equipment or emissions unit and must include all of the following (which may be based upon the facility owner or operator’s knowledge of the process or emissions where measured data is unavailable).(3-28-23)

a.Identification of the specific equipment or emissions unit and the type of event anticipated.

b.Identification of the specific emissions in excess of applicable emission standards during the startup, shutdown, or scheduled maintenance period.(3-28-23)

c.The estimated amount of excess emissions expected to be released during each event.(3-28-23)

d.The expected duration of each excess emissions event.(3-28-23)

e.An explanation of why the excess emissions are reasonably unavoidable for each of the types of excess emissions events (i.e. startup, shutdown, and scheduled maintenance).(3-28-23)

f.Specification of the frequency at which each of the types of excess emissions events (i.e. startup, shutdown, and scheduled maintenance) are expected to occur.(3-28-23)

g.For scheduled maintenance, the owner or operator must also document detailed explanations of:

i.Why the maintenance is needed;(3-28-23)

ii.Why it is impractical to reduce or cease operation of the equipment or emissions unit during the scheduled maintenance period;(3-28-23)

iii.Why the excess emissions are not reasonably avoidable through better scheduling of the maintenance or through better operation and maintenance practices; and(3-28-23)

iv.Why, where applicable, it is necessary to by-pass, take offline, or operate equipment or emissions unit at reduced efficiency while the maintenance is being performed.(3-28-23)

h.Justification to explain why the piece of equipment or emissions unit cannot be modified or redesigned to eliminate or reduce the excess emissions that occur during startup, shutdown, and scheduled maintenance.(3-28-23)

i.Detailed specification of the procedures to be followed by the owner or operator that will minimize excess emissions at all times during startup, shutdown, and scheduled maintenance. These procedures may include such measures as preheating or otherwise conditioning the emissions unit prior to its use or the application of auxi liary equipment or emissions unit to reduce the excess emissions.(3-28-23)

03.Amendments. The owner or operator must amend, and the Department may require amendments to, the procedures established pursuant to Section 133 from time to time and as deemed reasonably necessary to ensure that the procedures are and remain consistent with good pollution control practices.(3-28-23)

04.Filing Procedures.(3-28-23)

a.Unless otherwise required by the Department, the failure to prepare or file procedures pursuant to Subsection 133.02 is not a violation of these rules.(3-28-23)

b.To the extent procedures or plans for excess emissions resulting from startup, shutdown, or scheduled maintenance are required to be or are otherwise submitted to the Department with any permit application, such submission, if deemed adequate by the Department, fulfills the requirement under this Section to file plans and procedures with the Department.(3-28-23)

IDAPA 58.01.01.134 Upset, Breakdown and Safety Requirements

The requirements in Subsections 134.01, 134.02, and 134.03 apply in all cases where upset or breakdown of equipment or an emissions unit, or the initiation of safety measures, result or may result in an excess emissions event.

The owner or operator of the facility or emissions unit generating the excess emissions must demonstrate compliance with all of the requirements of Subsections 134.01, 134.02 and 134.03 as well as the development and implementation of procedures pursuant to Subsections 134.04 and 134.05 as a prerequisite to any consideration under Subsection 131.02. Where the owner or operator demonstrates that because of the unforeseeable nature of the excess emissions event it is impractical to develop procedures pursuant to Subsection 134.04, the Department will exercise its enforcement discretion on a case-by-case basis.(3-28-23)

01.Routine Maintenance and Repairs. For all equipment or emissions units from which excess emissions may occur during upset conditions or breakdowns or implementation of safety measures, the facility owner or operator must:(3-28-23)

a.Implement routine preventative maintenance and operating procedures consistent with good pollution control practices for minimizing upsets and breakdowns or events requiring implementation of safety measures, and(3-28-23)

b.Make routine repairs in an expeditious fashion when the owner or operator knew or should have known that an excess emissions event was likely to occur. Off-shift labor and overtime must be utilized, to the extent practicable, to ensure that such repairs are made expeditiously.(3-28-23)

02.Excess Emissions Minimization and Notification. For all equipment or emissions units from which excess emissions result during upset or breakdown conditions, or for other situations that may necessitate the implementation of safety measures which cause excess emissions, the facility owner or operator must:(3-28-23)

a.Immediately undertake all appropriate measures to reduce and, to the extent possible, eliminate excess emissions resulting from the event and to minimize the impact of such excess emissions on the ambient air quality and public health;(3-28-23)

b.Notify the Department of any upset/breakdown/safety event that results in excess emissions. Such notification must identify the time, specific location, equipment or emissions unit involved, and (to the extent known) the cause(s) of the occurrence. The notification must be given as soon as reasonably possible, but no later than twenty-four (24) hours after the event, unless the owner or operator demonstrates to the Department’s satisfaction that the longer reporting period was necessary; and(3-28-23)

c.Report and record the information required pursuant to Sections 135 and 136 for each excess emissions event caused by an upset, breakdown, or safety measure.(3-28-23)

03.Discretionary Reduction or Cessation Provisions. During any period of excess emissions caused by upset, breakdown, or operation under facility safety measures, the Department may require the owner or operator to immediately reduce or cease operation of the equipment or emissions unit causing the excess emissions until such tim e as the condition causing the excess emissions has been corrected or brought under control. Such action by the Department will be taken upon consideration of the following factors and after consultation with the facility owner or operator:(3-28-23)

a.Potential risk to the public or the environment.(3-28-23)

b.Whether ceasing operations could result in physical damage to the equipment, emissions unit or facility, or cause injury to employees.(3-28-23)

c.Whether continued excess emissions were reasonably unavoidable as determined by the

d.The effect of the increase in pollution resulting from the shutdown and subsequent restart of the equipment or emissions unit or facility.(3-28-23)

e.The owner or operator is not required to reduce or cease operations at the entire facility if reducing or ceasing operations at a portion of the facility eliminates or adequately reduces the excess emissions.(3-28-23)

04.Procedures. For equipment or emissions units and process upsets and breakdowns and situations that require implementation of safety measures, events that can reasonably be anticipated to occur periodically but that cannot be reasonably avoided or predicted with certainty, the owner or operator must prepare, implement, and file with the Department specific procedures that will be used to minimize such events and excess emissions during such events. To the extent possible and reasonably practicable (and based upon knowledge of the process or emissions where measured data is not available), specify the following information for each type of anticipated upset/ breakdown/safety event:(3-28-23)

a.The specific air pollution control equipment or emissions unit and the type of event anticipated.

b.The specific emissions in excess of applicable emission standards during the event.(3-28-23)

c.The estimated amount of excess emissions expected to be released during each event.(3-28-23)

d.The expected duration of each excess emissions event.(3-28-23)

e.An explanation of why the excess emissions are reasonably unavoidable.(3-28-23)

f.The frequency of the type of event, based on historic occurrences.(3-28-23)

g.Justification to explain why the piece of control equipment or emissions unit cannot be modified or redesigned to eliminate or reduce the particular type of event.(3-28-23)

h.Detailed specification of the procedures to be followed by the owner or operator that will minimize excess emissions at all times during such events, including without limitation those procedures listed under Subsection 134.05.(3-28-23)

05.Amendments to Procedures. The owner or operator must amend, and the Department may require amendments to, the procedures established pursuant to Section 134 from time to time and as deemed reasonably necessary to ensure that the procedures are and remain consistent with good pollution control practices.(3-28-23)

06.Filing Procedures.(3-28-23)

a.Failure to follow procedures filed with the Department does not preclude the Department from making a determination under Subsection 131.02 if the owner or operator demonstrates to the Department’s satisfaction that alternate and equivalent procedures were used and were necessitated by the exigency of the circumstances.(3-28-23)

b.Unless otherwise required by the Department, the failure to prepare or file procedures pursuant to Subsection 134.04 is not a violation of these rules in and of itself.(3-28-23)

c.To the extent procedures or plans for excess emissions resulting from upsets, breakdowns or safety measures are required to be or are otherwise submitted to the Department with any permit application, such submission, if deemed adequate by the Department, fulfills the requirement under this Section to file plans and procedures with the Department.(3-28-23)

IDAPA 58.01.01.135 Excess Emissions Reports

01.Submission Deadline.

A written report for each excess emissions event must be submitted to the Department by the owner or operator no later than fifteen (15) days after the beginning of each such event. (3-28-23)

02.Report Contents. Each report must contain the following information:(3-28-23)

a.The time period during which the excess emissions occurred;(3-28-23)

b.Identification of the specific equipment or emissions unit that caused the excess emissions;

c.An explanation of the cause, or causes, of the excess emissions and whether the excess emissions occurred as a result of startup, shutdown, scheduled maintenance, upset, breakdown or a safety measure;(3-28-23)

d.An estimate of the emissions in excess of any applicable emission standard (based on knowledge of the process and facility where emissions data is unavailable);(3-28-23)

e.A description of the activities carried out to eliminate the excess emissions; and(3-28-23)

f.Certify compliance status with the requirements of Sections 131, 132, 133.01, 134.01 through 134.03, 135, and 136.(3-28-23)

g.If requesting consideration under Subsection 131.02, certify compliance status with Sections 131, 132, 133.01 through 133.03, 134.01 through 134.05, 135, and 136.(3-28-23)

IDAPA 58.01.01.136 Excess Emissions Records

01.Record Retention.

The owner or operator must maintain excess emissions records at the facility for the most recent five (5) calendar year period.(3-28-23)

02.Record Availability. The excess emissions records must be made available to the Department upon request.(3-28-23)

03.Record Contents. The excess emissions records must include the following:(3-28-23)

a.An excess emissions logbook for each emissions unit or piece of equipment containing copies of all reports that have been submitted to the Department pursuant to Section 135 for the particular emissions unit or equipment; and(3-28-23)

b.Copies of all startup, shutdown, and scheduled maintenance procedures and upset/breakdown/ safety preventative maintenance plans which have been developed by the owner or operator in accordance with Sections 133 and 134, and facility records as necessary to demonstrate compliance with such procedures and plans.

IDAPA 58.01.01.137 (Reserved)

IDAPA 58.01.01.155 Circumvention

No person may willfully cause or permit the installation or use of any device or use of any means that conceals emissions of pollutants that would otherwise violate the provisions of this chapter without resulting in a reduction in the total amount of emissions.(3-28-23)

IDAPA 58.01.01.156 Total Compliance

Where more than one (1) section of these ru les applies to a particular situation, all such rules must be met for total compliance, unless otherwise provided for in these rules.(3-28-23)

IDAPA 58.01.01.157 Test Methods and Procedures

This section establishes procedures and requirements for test methods and results unless otherwise specified in these rules, permit, order, consent decree, or prior written approval by the Department:(3-28-23)

01.General Requirements. If a source test is performed to satisfy a performance test requirement or a compliance test requirement imposed by state or federal regulation, rule, permit, order or consent decree, then the test methods and procedures must be conducted in accordance with the requirements of this section.(3-28-23)

a.Prior to conducting any emission test, owners or operators are encouraged to submit to the Department in writing, at least thirty (30) days in advance, the following for approval:(3-28-23)

i.The type of method to be used;(3-28-23)

ii.Any extenuating or unusual circumstances regarding the proposed test; and(3-28-23)

iii.The proposed schedule for conducting and reporting the test.(3-28-23)

b.Without prior Department approval, any alternative testing is conducted solely at the owner’s or operator’s risk. If the owner or operator fails to obtain prior written approval by the Department for any testing deviations, the Department may determine the test does not satisfy the testing requirements.(3-28-23)

02.Test Requirements. Tests must be conducted in accordance with the following requirements.

a.The test must be conducted under operational conditions specified in the applicable state or federal regulation, rule, permit, order, consent decree or by Department approval. If the operational requirements are not specified, the source must test at worst-case normal operating conditions. Worst-case normal conditions are those conditions of fuel type, and moisture, process material makeup and moisture and process procedures that are changeable or that could reasonably be expected to be encountered during the operation of the facility and that would result in the highest pollutant emissions from the facility.(3-28-23)

b.The Department may impose operational limitations or require additional testing in a permit, order or consent decree if the test is conducted under conditions other than worst-case normal.(3-28-23)

c.The Department will accept the methods approved for the applicable pollutants, source type and operating conditions found in 40 CFR Parts 51, 60, 61, and 63 in determining the appropriate test method for an emission limit where one is not otherwise specified.(3-28-23)

d.The following requirements apply to owners or operators requesting minor changes in the test method.(3-28-23)

i.For federal emission standards codified at 40 CFR Parts 60, 61, and 63, the Department will accept those minor changes that have received written approval of the U.S. EPA Administrator if the Department determines they are appropriate for the specific application.(3-28-23)

ii.For all other emission standards in these rules or for permit requirements, the Department will accept those minor changes that the Department determines are appropriate for the specific application.(3-28-23)

e.An owner or operator proposing to use an alternative test method not considered a minor change in Subsection 157.02.d. above, must:(3-28-23)

i.Demonstrate to the Department by comparative testing or sufficient analysis, that the alternative method is comparable and equivalent to the designated test method.(3-28-23)

ii.Submit the request for approval to use an alternative test method to the Department at least thirty (3 0) days in advance of a scheduled test.(3-28-23)

iii.Obtain, and submit to the Department, EPA approval for use of the alternative test method for emission standards in these rules (except for state only toxic air pollutant standards) or for federal emission standards codified at 40 CFR Parts 60, 61, and 63.(3-28-23)

iv.Obtain verification that any prior approval of an alternative test method by the Department continues to be acceptable. Alternative methods may cease to be acceptable if new or different information indicates that the alternative test method is less accurate, less reliable, or not comparable with any current state or federal regulation, rule order, permit, or consent decree.(3-28-23)

f.Prior approval by the Department may not constitute Department approval for subsequent tests if new or different information indicates that a previously Department approved test method is less accurate, less reliable or not comparable with any current state or federal regulation, rule, order, permit or consent decree.

03.Observation of Tests by Department Staff. The owner or operator must provide notice of intent to test to the Department at least fifteen (15) days prior to the scheduled test, or shorter time period as provided in a permit, order, consent decree or by Department approval. The Department may, at its option, have an observer present at any emissions tests conducted on a source.(3-28-23)

04.Reporting Requirements. If the source test is performed to satisfy a performance test requirement imposed by state or federal regulation, rule, permit, order, or consent decree, a written report must:(3-28-23)

a.Be submitted to the Department within sixty (60) days of the completion of field sample collection;

b.Meet the format and content requirements specified by the Department in any applicable rule, regulation, guidance, permit, order, or consent decree. Any deviations from the format and contents specified require prior written approval from the Department. Failure to obtain such approval may result in the rejection of the test results; and(3-28-23)

c.Include all data required to be noted or recorded in any referenced test method.(3-28-23)

05.Test Results Review Criteria. The Department will make every effort to review test results within a reasonable time. The Department may reject tests as invalid for:(3-28-23)

a.Failure to adhere to the approved/required method;(3-28-23)

b.Using a method inappropriate for the source type or operating conditions;(3-28-23)

c.An incomplete written report;(3-28-23)

d.Computational or data entry errors;(3-28-23)

e.Clearly unreasonable results;(3-28-23)

f.Failure to comply with the certification requirements of Section 123; or(3-28-23)

g.Failure of the source to conform to operational requirements in orders, permits, or consent decrees at the time of the test.(3-28-23)

IDAPA 58.01.01.158 (Reserved)

IDAPA 58.01.01.161 Toxic Air Pollutants

Any contaminant that is by its nature toxic to human or animal life or vegetation must not be emitted in such quantities or concentrations as to alone, or in combination with other contaminants, injure or unreasonably affect human or animal life or vegetation.(3-28-23)

IDAPA 58.01.01.162 (Reserved)

IDAPA 58.01.01.164 Polychlorinated Biphenyls (pcbs)

01.Prohibition on Burning. Burning any material containing greater than five (5) parts per million of polychlorinated biphenyls (PCBs) is prohibited, except for incineration for the purpose of disposal. Incineration for disposal must comply with the following provisions:(3-28-23)

a.No person may commence construction or modification of a PCB incinerator without a permit issued according to Sections 200 through 225.(3-28-23)

b.The Department will provide opportunity for public comments prior to a final decision for a permit to construct or modify a new PCB incinerator.(3-28-23)

c.A permit issued according to Sections 200 through 225 for construction or modification of a PCB incinerator will require, as a minimum, best available control technology and monitoring instrumentation. (3-28-23)

02.Prohibition on Sales. No person may sell, distribute or provide any materials containing greater than five (5) parts per million PCBs for home or commercial heating equipment.(3-28-23)

IDAPA 58.01.01.165 (Reserved)

IDAPA 58.01.01.175 Procedures and Requirements for Permits Establishing a Facility

EMISSIONS CAP.

Sections 176 through 181 establish uniform procedures to ob tain a Facility Emissions Cap (FEC) for stationary sources or facilities (hereinafter referred to as facility or facilities). A permit establishing a FEC will be issued pursuant to Sections 200 through 227 or Sections 400 through 409.(3-28-23)

IDAPA 58.01.01.176 Facility Emissions Cap

01.Optional Facility Emissions Cap.

An owner or operator of a facility may request a FEC to establish an enforceable facility-wide emission limitation.(3-28-23)

02.Applicability.(3-28-23)

a.The owner or operator of any facility, which is not a major facility as defined in Sections 204 or 205, may apply to the Department for a permit to establish a FEC.(3-28-23)

b.FECs are available for new and existing facilities that are not major as defined in Section 204 or 205 or existing facilities undergoing a modification that does not make the facility a major facility as defined in Section 204 or 205.(3-28-23)

c.Facilities that become major facilities as defined in Section 204 or 205 are no longer eligible for a FEC under Section 176.(3-28-23)

03.Definitions. For the purposes of Sections 175 through 181, the following terms are defined as below.(3-28-23)

a.Baseline actual emissions. As defined in Section 007.(3-28-23)

b.Design concentration. The ambient concentration used in establishing the FEC.(3-28-23)

c.Facility emissions cap (FEC). A facility-wide emission limitation expressed in tons per year, for any criteria pollutant or hazardous air pollutant established in accordance with Sections 176 through 181. A FEC is calculated using baseline actual emissions plus an operational variability component and a growth component. A FEC, which is defined in tons per year on a twelve (12) month rolling basis, must be set below major facility thresholds as defined in Sections 204 and 205.(3-28-23)

d.FEC pollutant. The pollutant for which a FEC is established.(3-28-23)

e.Growth component. The level of emissions requested by the applicant and approved by the Department to allow for potential future business growth or facility changes that may increase emissions above baseline actual emissions plus the operational variability component.(3-28-23)

f.Operational variability component. The level of emissions up to the significant emission rate (SER) minus one (1) ton per year but no more than the facility’s potential to emit (PTE). If the proposed FEC pollutant does not have a SER listed in Section 006 or has a SER less than or equal to ten (10) tons per year, the operational variability component is the level of emissions requested by the applicant and approved by the Department. The operational variability component cannot be more than the facility's PTE.(3-28-23)

IDAPA 58.01.01.177 Application Procedures

In addition to the information required pursuant to Secti ons 202 or 402, whichever is applicable, applications requesting a FEC must include the information required under Sections 176 through 181 and Subsections 177.01 through 177.03.(3-28-23)

01.Estimates of Emissions. A proposed FEC for each pollutant requested by the facility, including the basis for calculating the FEC.(3-28-23)

02.Estimates of Ambient Concentrations.(3-28-23)

a.Estimates of ambient concentrations will be determined as described in Subsection 202.02.

b.Estimates of ambient concentrations may include projections of alternative future changes within the proposed FEC.(3-28-23)

c.For a new, existing, or modified facility, a demonstration that for each FEC pollutant, the FEC will not cause or significantly contribute to a violation of any ambient air quality standard.(3-28-23)

d.For renewal of terms and conditions establishing a FEC, it is presumed that the previous permitting analysis is satisfactory, unless the Department determines otherwise.(3-28-23)

03.Monitoring and Recordkeeping. The application must include proposed means for the facility to determine facility emissions on a rolling twelve (12) month consecutive basis.(3-28-23)

IDAPA 58.01.01.178 Standard Contents of Permits Est

ABLISHING A FACILITY EMISSIONS CAP.

In addition to the elements req uired by Sections 203 and 211 or Sections 403 and 405, whichever is applicable, the Department has the authority to impose, implement and enforce the terms in Subsections 178.01 through 178.05 and conditions establishing a FEC.(3-28-23)

01.Emission Limitations and Standards. All permits establishing use of a FEC will contain annual facility wide emissions limitations for each FEC pollutant.(3-28-23)

02.Monitoring. All permits establishing a FEC will contain sufficient monitoring to ensure compliance with the FEC on a rolling twelve (12) month consecutive basis.(3-28-23)

03.Recordkeeping. All permits establishing a FEC will include the following:(3-28-23)

a.Sufficient recordkeeping to assure compliance with the FEC.(3-28-23)

b.Retention of required monitoring records and support information for a period of at least five (5) years from the date of the monitoring sample, measurement, report or application. Supporting information includes, but is not limited to, calibration and maintenance records and original strip-chart recordings for continuous monitoring instrumentation and copies of all reports required by the permit.(3-28-23)

04.Reporting. All permits establishing a FEC will include the following:(3-28-23)

a.Sufficient reporting to assure compliance with the permit establishing the FEC.(3-28-23)

b.Submittal of an annual report each year on or before the anniversary date of permit issuance. All required reports must be certified in accordance with Section 123.(3-28-23)

05.Duration. Each permit establishing a FEC will state that the terms and conditions establishing the FEC are effective for a fixed term of five (5) years.(3-28-23)

IDAPA 58.01.01.179 Procedures for Issuing Permits Establishing a Facility Emissions Cap

01.General Procedures. Procedures for issuing permits establishing a FEC will follow Sections 209 or 404, whichever is applicable.(3-28-23)

02.Renewal. The renewal of the terms and conditions establishing a FEC are subject to the same procedural requirements for issuing permits (Subsection 179.01) and Subsections 179.02.a. through 179.02.d.:

a.The permittee must submit a complete application to the Department for a renewal of the terms and conditions establishing the FEC at least six (6) months before, but no earlier than eighteen (18) months before, the expiration date of the existing permit. To ensure that the term of the permit does not expire before the terms and conditions are renewed, the permittee is encouraged to submit the application nine (9) months prior to expiration.

b.If a timely and complete application for a renewal of the terms and conditions establishing the FEC is submitted, but the Department fails to issue or deny the renewal permit before the end of the term of the previous permit, then all the terms and conditions of the previous permit remain in effect until the renewal permit has been issued or denied.(3-28-23)

c.Expiration of the terms and conditions establishing a FEC may be grounds to terminate the facility’s right to operate pursuant to Sections 176 through 181, unless a timely and complete renewal application has been submitted.(3-28-23)

d.On renewal, the Department may adjust a FEC with an unused growth component in accordance with the Idaho Environmental Protection and Health Act, Chapter 1, Title 39, Idaho Code, and these rules. (3-28-23)

03.Reopening the FEC. The Department may reopen a FEC to:(3-28-23)

a.Reduce the FEC to reflect newly applicable federal requirements’ compliance dates after the issuance of the permit establishing the FEC.(3-28-23)

b.Reduce the FEC consistent with any other requirement that is enforceable as a practical matter, and that the state may impose on the facility under the Idaho Environmental Protection and Health Act, Chapter 1, Title 39, Idaho Code, and these rules.(3-28-23)

04.FEC Termination. The Department may approve a revision of a permit establishing a FEC to terminate the FEC, provided the permittee complies with Subsections 209.04 or 404.04, as applicable, and Subsections 179.04.a. through 179.04.c.:(3-28-23)

a.The permittee may request a revision of the permit establishing the FEC to terminate the FEC at any time prior to the expiration of the permit. The permittee is encouraged to submit an application for a permit to construct or Tier I operating permit, as applicable, six (6) months prior to the time the permittee wishes to terminate the FEC.(3-28-23)

b.The FEC established in the permit remains in effect until the Department issues a new permit to construct or Tier I operating permit, as applicable.(3-28-23)

c.Nothing in Section 179 prohibits a permittee from requesting a permit revision to terminate the FEC during the permit renewal process.(3-28-23)

IDAPA 58.01.01.180 Revisions to Permits Establishing a Facility Emissions Cap

Section 180 requires revisions to terms and conditions establishing a FEC. The permittee is exempt from Sections 200 through 227 unless the permittee chooses to use those rules to process any change to the permit, except as provided in Subsection 180.02.(3-28-23)

01.Criteria. A permit revision is required for the following:(3-28-23)

a.A change to existing monitoring, reporting or recordkeeping requirements in the permit establishing the FEC;(3-28-23)

b.A change to the FEC; or(3-28-23)

c.A change to the facility that would impose new requirements not included in the permit establishing the FEC.(3-28-23)

02.Permit Revision Application Procedures. A permittee may initiate a permit revision by submitting a permit revision application to the Department or by complying with other applicable sections (Sections 200 or 400). For revision of terms and conditions establishing the FEC, it is presumed that the previous permitting analysis is satisfactory unless the Department determines otherwise. A permit revision application must:(3-28-23)

a.Meet the standard application requirements of Section 177;(3-28-23)

b.Describe the proposed permit revision;(3-28-23)

c.Describe and quantify the change in emissions above the FEC permit limit; and(3-28-23)

d.Identify new requirements resulting from the change.(3-28-23)

03.Permit Revisions. The Department will process permit revisions pursuant to Section 209 or Section 404.(3-28-23)

IDAPA 58.01.01.181 Notice and Record-Keeping of Estima

TES OF AMBIENT CONCENTRATIONS.

Section 181 authorizes facility changes that comply with the terms and conditions establishing the FEC, but that are not included in the estimate of ambient concentration analysis approved for the permit establishing the FEC. No permit revision is required for facility changes implemented in accordance with Section 181.(3-28-23)

01.Notice. For facility changes that comply with the terms and conditions establishing the FEC but are not included in the estimate of ambient concentration analysis approved for the permit establishing the FEC, the permittee must review the estimate of ambient concentration analysis.(3-28-23)

a.In the event that the facility change would result in a significant contribution above the design concentration determined by the estimate of ambient concentration analysis approved for the permit establishing the FEC but does not cause or significantly contribute to a violation to any ambient air quality standard, the permittee must provide notice to the Department in accordance with Subsection 181.01.b.(3-28-23)

b.Notice procedures. The permittee may make a facility change under Section 181 if the permittee provides written notification to the Department so that the notification is received at least seven (7) days in advance of the proposed change or, in the event of an emergency, the permittee provides the notification so that it is received at least twenty-four (24) hours in advance of the proposed change. For each such change, the written notification

i.Describe the proposed change;(3-28-23)

ii.Describe and quantify expected emissions; and(3-28-23)

iii.Provide the estimated ambient concentration analysis.(3-28-23)

02.Recordkeeping. For facility changes that comply with the terms and conditions establishing the FEC but are not included in the estimate of ambient concentration analysis approved for the permit establishing the FEC, the permittee must review the estimate of ambient concentration analysis. In the event the facility change would not result in a significant contribution above the design concentration determined by the estimate of ambient concentration analysis approved for the permit establishing the FEC, the permittee must record and maintain documentation on-site of the review.(3-28-23)

03.Estimates of Ambient Concentrations. Estimates of ambient concentrations must be determined during the term of this permit using the same model and model parameters as used with the estimate of ambient concentration analysis approved for the permit establishing the FEC. The permittee must include any changes to the facility that are not included in the originally approved estimate of ambient concentration analysis.(3-28-23)

IDAPA 58.01.01.182 (Reserved)

IDAPA 58.01.01.200 Procedures and Requirements for Permits to Construct

Sections 200 through 227 establish uniform procedures and re quirements for the issuance of “Permits to Construct.”

As used throughout Sections 200 through 227 and 578 through 581, major facility is defined as major stationary source in 40 CFR 52.21(b) and 40 CFR 51.165, incorporated by reference in Section 107, and major modification is defined as in 40 CFR 52.21(b) and 40 CFR 51.165, incorporated by reference in Section 107. These CFR sections have been codified in the electronic CFR which is available at https://www.ecfr.gov/current/title-40.(3-28-23)

IDAPA 58.01.01.201 Permit to Construct Required

No owner or operator may commence construction or modificati on of any stationary source, facility, major facility, or major modification without first obtaining a permit to construct from the Department that satisfies the requirements of Sections 200 through 227 unless the source is exempted in any of Sections 220 through 223, or the owner or operator complies with Section 213 and obtains the required permit to construct, or the owner or operator complies with Sections 175 through 181, or the source operates in accordance with all of the applicable provisions of a permit by rule.(3-28-23)

IDAPA 58.01.01.202 Application Procedures

Application for a permit to construct must be made using form s furnished by the Department, or by other means approved by the Department. The application must be certified by the responsible official in accordance with Section 123 and be accompanied by all information necessary to perform any analysis or make any determination required under Sections 200 through 227.(3-28-23)

01.Required Information. Depending upon the proposed size and location of the new or modified stationary source or facility, the application for a permit to construct must include all the information required by one or more of the following provisions:(3-28-23)

a.For any new or modified stationary source or facility:(3-28-23)

i.Site information, plans, descriptions, specifications, and drawings showing the design of the stationary source, facility, or modification, the nature and amount of emissions (including secondary emissions), and the manner in which it will be operated and controlled.(3-28-23)

ii.A schedule for construction of the stationary source, facility, or modification.(3-28-23)

b.For any new major facility or major modification in a nonattainment area that would be major for the nonattainment regulated air pollutant(s):(3-28-23)

i.A description of the system of continuous emission control proposed for the new major facility or major modification, emission estimates, and other information as necessary to determine that the lowest achievable emission rate would be applied.(3-28-23)

ii.A description of the emission offsets proposed for the new major facility or major modification, including information on the stationary sources, mobile sources, or facilities providing the offsets, emission estimates, and other information necessary to determine that a net air quality benefit would result.(3-28-23)

iii.Certification that all other facilities in Idaho, owned or operated by (or under common ownership of) the proposed new major facility or major modification, are in compliance with all local, state or federal requirements or are on a schedule for compliance.(3-28-23)

iv.An analysis of alternative sites, sizes, production processes, and environmental control techniques that demonstrates that the benefits of the proposed major facility or major modification significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.(3-28-23)

v.An analysis of the impairment to visibility of any federal Class I area, Class I area designated by the Department, or integral vista of any mandatory federal Class I area that the new major facility or major modification would impact (including the monitoring of visibility in any Class I area near the new major facility or major modification, if requested by the Department).(3-28-23)

c.For any new major facility or major modification in an attainment or unclassifiable area for any regulated air pollutant.(3-28-23)

i.A description of the system of continuous emission control proposed for the new major facility or major modification, emission estimates, and other information as necessary to determine that the best available control technology would be applied.(3-28-23)

ii.An analysis of the effect on air quality by the new major facility or major modification, including meteorological and topographical data necessary to estimate such effects.(3-28-23)

iii.An analysis of the effect on air quality projected for the area as a result of general commercial, residential, industrial, and other growth associated with the new major facility or major modification.(3-28-23)

iv.A description of the nature, extent, and air quality effects of any or all general commercial, residential, industrial, and other growth that has occurred since August 7, 1977, in the area the new major facility or major modification would affect.(3-28-23)

v.An analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the new major facility or major modification and general commercial, residential, industrial, and other growth associated with establishment of the new major facility or major modification. The owner or operator need not provide an analysis of the impact on vegetation or soils having no significant commercial or recreational value.(3-28-23)

vi.An analysis of the impairment to visibility of any federal Class I area, Class I area designated by the Department, or integral vista of any mandatory federal Class I area that the new major facility or major modification would affect.(3-28-23)

vii.An analysis of the existing ambient air quality in the area that the new major facility or major modification would affect for each regulated air pollutant that a new major facility would emit in significant amounts or for which a major modification would result in a significant net emissions increase.(3-28-23) viii.Ambient analyses as specified in Subsections 202.01c.vii., 202.01c.ix., 202.01c.x., and 202.01c.xii., may not be required if the projected increases in ambient concentrations or existing ambient concen trations of a particular regulated air pollutant in any area that the new major facility or major modification would affect are less than the amounts listed under 40 CFR 52.21(i)(5)(i), or the regulated air pollutant is not listed therein.(3-28-23)

ix.For any regulated air pollutant that has an ambient air quality standard, the analysis must include continuous air monitoring data, gathered over the year preceding the submittal of the application, unless the Department determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one (1) year, but not less than four (4) months, which is adequate for determining whether the emissions of that regulated air pollutant would cause or contribute to a violation of the ambient air quality standard or any prevention of significant deterioration (PSD) increment.(3-28-23)

x.For any regulated air pollutant that does not have an ambient air quality standard, the analysis must contain such air quality monitoring data that the Department determines is necessary to assess ambient air quality for that air pollutant in any area that the emissions of that air pollutant would affect.(3-28-23)

xi.If requested by the Department, monitoring of visibility in any Class I area the proposed new major facility or major modification would affect.(3-28-23)

xii.Operation of monitoring stations must meet the requirements of Appendix B to 40 CFR Part 58 or such other requirements as extensive as those set forth in Appendix B as may be approved by the Department.

02.Estimates of Ambient Concentrations. All estimates of ambient concentrations must be based on the applicable air quality models, data bases, and other requirements specified in 40 CFR 51, Appendix W (Guideline on Air Quality Models).Where an air quality model specified in the “Guideline on Air Quality Models,” is inappropriate, the model may be modified or another model substituted, subject to written approval of the EPA Administrator and public comment pursuant to Subsection 209.01.c.; provided that modifications and substitutions of models used for toxic air pollutants will be reviewed by the Department.(3-28-23)

03.Additional Information. Any additional information, plans, specifications, evidence or documents that the Department may require to make the determinations required under Sections 200 through 225 shall be furnished upon request(3-28-23)

IDAPA 58.01.01.203 Permit Requirements for New and Modified Stationary Sources

No permit to construct will be granted for a new or modified stationary source unless the applicant shows to the satisfact ion of the Department all of the following:(3-28-23)

01.Emission Standards. The stationary source or modification would comply with all applicable local, state or federal emission standards.(3-28-23)

02.NAAQS. The stationary source or modification would not cause or significantly contribute to a violation of any ambient air quality standard.(3-28-23)

03.Toxic Air Pollutants. Using the methods provided in Section 210, the emissions of toxic air pollutants from the stationary source or modification would not injure or unreasonably affect human or animal life or vegetation as required by Section 161. Compliance with all applicable toxic air pollutant carcinogenic increments and toxic air pollutant non-carcinogenic increments demonstrates preconstruction compliance with Section 161 with regards to the pollutants listed in Sections 585 and 586.(3-28-23)

IDAPA 58.01.01.204 Permit Requirements for New Major Facilities or Major Modifications in

NONA

TTAINMENT AREAS.

New major facilities or major modifications proposed for location in a nonattainment area and which would be major for the nonattainment regulated air pollutant are considered nonattainment new source review (NSR) actions and are subject to the requirements in Section 204. Section 202 contains application requirements and Section 209 contains processing requirements for nonattainment NSR permitting actions. The intent of Section 204 is to incorporate the federal nonattainment NSR rule requirements.(3-28-23)

01.Incorporated Federal Program Requirements. Requirements contained in the following subparts of 40 CFR 51.165 are incorporated by reference in Section 107. Requirements contained in the following subparts of 40 CFR 52.21, are incorporated by reference in Section 107. These CFR sections have been codified in the electronic CFR at https://www.ecfr.gov/current/title-40.

02.Additional Requirements. The applicant must demonstrate to the satisfaction of the Department the following:(3-28-23)

a.LAER. Except as otherwise provided in Section 204, the new major facility or major modification would be operated at the lowest achievable emission rate (LAER) for the nonattainment regulated air pollutant, specifically:(3-28-23)

i.A new major facility would meet the lowest achievable emission rate at each new emissions unit that emits the nonattainment regulated air pollutant; and(3-28-23)

ii.A major modification would meet the lowest achievable emission rate at each new or modified emissions unit that has a net emissions increase of the nonattainment regulated air pollutant.(3-28-23)

b.Required offsets. Allowable emissions from the new major facility or major modification are offset by reductions in actual emissions from stationary sources, facilities, and/or mobile sources in the nonattainment area so as to represent reasonable further progress. All offsetting emission reductions must satisfy the requirements for emission reduction credits (Section 460) and provide for a net air quality benefit that satisfies the requirements of Section 208. If the offsets are provided by other stationary sources or facilities, a permit to construct will not be issued for the new major facility or major modification until the offsetting reductions are made enforceable through the issuance of operating permits. The new major facility or major modification may not commence operation, and an operating permit for the new major facility or major modification will not be effective before the date the offsetting reductions are achieved.(3-28-23)

c.Compliance status. All other sources in the State owned or operated by the applicant, or by any entity controlling, controlled by or under common control with such person, are in compliance with all applicable emission limitations and standards or subject to an enforceable compliance schedule.(3-28-23)

d.Effect on visibility. The effect on visibility of any federal Class I area, Class I area designated by the Department, or integral vista of a mandatory Class I Federal Area, by the new major facility or major modification, is consistent with making reasonable progress toward the national visibility goal referred to in 40 CFR 51.300(a). The Department may take into account the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental impacts of compliance and the useful life of the source. Any integral vista which the Federal Land Manager has not identified at least six (6) months prior to the submittal of a complete application, or which the Department determines was not identified in accordance with the criteria adopted pursuant to 40 CFR 51.304(a), may be exempted from Section 204 by the Department.(3-28-23)

03.Nonmajor Requirements. If the proposed action meets the requirements of an exemption or exclusion under the provisions of 40 CFR 51.165 or 40 CFR 52.21 incorporated in Section 204, the nonmajor facility or stationary source permitting requirements of Sections 200 through 227 apply, including the exemptions in Sections 220 through 223.(3-28-23)

IDAPA 58.01.01.205 Permit Requirements for New Major Facilities or Major Modifications in

ATTAINMENT OR UNCLASSIFIABLE AREAS.

The prevention of significant deterioration (PSD) program is a construction permitting program for new major facilities and major modifications to existing major facilities located in areas in attainment or in areas that are 40 CFR Reference40 CFR Reference Title 40 CFR 51.165(a)(1)Definitions 40 CFR 51.165(a)(2)(ii) - 51.165(a)(3)Applicability Provisions 40 CFR 51.165(a)(6)(i) - (v)Applicability Provisions 40 CFR 52.21(aa)Actual PALs unclassifiable for any criteria air pollutant. Section 202 contains application requirements and Section 209 contains processing requirements for PSD permit actions. The intent of Section 205 is to incorporate the federal PSD rule

01.Incorporated Federal Program Requirements. Requirements contained in the following subparts of 40 CFR 52.21 are incorporated by reference in Section 107. These CFR sections have been codified in the electronic CFR which is available at https://www.ecfr.gov/current/title-40.

02.Effect on Visibility. The applicant must demonstrate that the effect on visibility of any federal Class I area, Class I area designated by the Department, or integral vista of a mandatory Class I Federal Area, by the new major facility or major modification, is consistent with making reasonable progress toward the national visibility goal referred to in 40 CFR 51.300(a). The Department may take into account the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental impacts of compliance and the useful life of the source. Any integral vista which the Federal Land Manager has not identified at least six (6) months prior to the submittal of a complete application, or which the Department determines was not identified in accordance with the criteria adopted pursuant to 40 CFR 51.304(a), may be exempted from this requirement by the Department.(3-28-23)

03.Exception to Incorporation by Reference of 40 CFR 52.21. Every use of the word Administrator in 40 CFR 52.21 means the Department except for the following provisions, where the reference remains to the EPA Administrator: 40 CFR 52.21(b)(17), 52.21(b)(43), 52.21(b)(48)(ii)(c), 52.21(b)(50)(i) and 52.21(l)(2). (3-28-23)

04.Nonmajor Requirements. If the proposed action meets the requirements of an exemption or exclusion under the provisions of 40 CFR 52.21 incorporated in Section 205, the nonmajor facility or stationary source permitting requirements of Sections 200 through 227 apply, including the exemptions in Sections 220 through

IDAPA 58.01.01.223 (3-28-23)

IDAPA 58.01.01.206 Optional Offsets for Permits to Construct

The owner or operator of any proposed new or modified stati onary source, new major facility, or major modification, that cannot meet the requirements of Subsections 202.01.c.vi., 203.02, 203.03, 204.02.d., 205.01 (40 CFR 52.21(k)), and 209.02.b.vi., may propose the use of an emission offset to meet those requirements and thereby obtain a permit to construct. Any proposed emission offset must satisfy the requirements for emission reduction credits, Section 460, and demonstrate, through appropriate dispersion modeling, that the offset will reduce ambient concentrations sufficiently to meet the requirements at all modeled receptors that could not otherwise have met the requirements.

IDAPA 58.01.01.207 Requirements for Emission Reduction Credit

In order to be credited in a permit to construct, any emission reduction credit must satisfy the requirements of Section 40 CFR Reference40 CFR Reference Title 40 CFR 52.21(a)(2)Applicability Procedures 40 CFR 52.21(b)Definitions 40 CFR 52.21(i)

Review of Major Stationary Sources and Major Modifications - Source Applicability and Exempting 40 CFR 52.21(j)Control Technology Review 40 CFR 52.21(k)Source Impact Analysis 40 CFR 52.21(r)Source Obligation 40 CFR 52.21(v)Innovative Control Technology 40 CFR 52.21(w)Permit Rescission 40 CFR 52.21(aa)Actual PALS

IDAPA 58.01.01.460 (3-28-23)

IDAPA 58.01.01.208 Demonstration of Net Air Quality Benefit

The demonstration of net air quality benefit must:(3-28-23)

VOCs. For trades involving volatile organic compounds, show that total emissions are reduced for the air basin in which the stationary source or facility is located;(3-28-23)

02.Other Regulated Air Pollutants. For trades involving any other regulated air pollutant, show through appropriate dispersion modeling that the trade will not cause an increase in ambient concentrations at any modeled receptor;(3-28-23)

03.Mobile Sources. For trades involving mobile sources, show a reduction in the ambient impact of emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for adverse ambient impact where the major facility or major modification would otherwise cause or significantly contribute to a violation of any national ambient air quality standard.(3-28-23)

IDAPA 58.01.01.209 Procedure for Issuing Permits

01.General Procedures.

General procedures for permits to construct.(3-28-23)

a.Within thirty (30) days after receipt of the application for a permit to construct, the Department will determine whether the application is complete or whether more information is needed and will notify the applicant of its findings in writing.(3-28-23)

b.Within sixty (60) days after the application is determined to be complete the Department will:

i.Upon written request of the applicant, provide a draft permit for applicant review. Agency action on the permit under this Section may be delayed if deemed necessary to respond to applicant comments.(3-28-23)

ii.Notify the applicant in writing of the approval, or denial of the application if an opportunity for public comment is not required pursuant to Subsection 209.01.c. The Department will describe reasons for any denial; or(3-28-23)

c.An opportunity for public comment will be provided on all applications requiring a permit to construct. Public comment will be provided on an application for any new major facility or major modification, any new facility or modification that would affect any Class I area, any application that uses an interpollutant trade pursuant to Subsection 210.17, any application that the Department determines an opportunity for public comment is needed, and any application upon which the applicant or public so requests. (3-28-23)

i.The Department's proposed action, together with the information submitted by the applicant and the Department's analysis of the information, will be made available to the public in at least one (1) location in the region in which the stationary source or facility is to be located.(3-28-23)

ii.The availability of such materials will be made known by notice published in a newspaper of general circulation in the county(ies) in which the stationary source or facility is to be located.(3-28-23)

iii.A copy of such notice will be sent to the applicant and to appropriate federal, state and local agencies.(3-28-23)

iv.There will be a thirty (30) day period after initial publication for comment on the Department's proposed action, such comment to be made in writing to the Department.(3-28-23)

v.After consideration of comments and any additional information submitted during the comment period, and within forty-five (45) days after initial publication of the notice or notice of public hearing if one is requested under Subsections 209.02.b.iv. or 209.02.a.ii., unless the Department deems that additional time is required to evaluate comments and information received, the Department will notify the applicant in writing of approval, or denial of the permit. The Department will describe the reasons for any denial.(3-28-23)

vi.All comments and additional information received during the comment period, together with the Department's final determination, will be made available to the public at the same location as the preliminary determination.(3-28-23)

d.A copy of each permit will be sent to EPA.(3-28-23)

02.Additional Procedures for Specified Sources.(3-28-23)

a.For any new major facility or major modification in an attainment or unclassifiable area for any regulated air pollutant.(3-28-23)

i.The public notice issued pursuant to Subsection 209.01.c.ii. will indicate the degree of increment consumption that is expected from the new major facility or major modification; and(3-28-23)

ii.The public notice issued pursuant to Subsection 209.01.c.ii. will indicate the opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality effects of the new major facility or major modification, alternatives to it, the control technology required, and other appropriate considerations. All requests for public hearings during a comment period with an opportunity for a hearing must be requested in writing by interested persons within fourteen (14) days of the publication of the legal notice of the proposed permit to construct or within fourteen (14) days prior to the end of the comment period, whichever is later.

b.For any new major facility or major modification that would affect a federal Class I area or an integral vista of a mandatory federal Class I area.(3-28-23)

i.If the Department is notified of the intent to apply for a permit to construct, it will notify the appropriate Federal Land Manager within thirty (30) days;(3-28-23)

ii.A copy of the permit application and all relevant information, including an analysis of the anticipated effects on visibility in any federal Class I area, will be sent to the Administrator of the U.S. Environmental Protection Agency and the Federal Land Manager within thirty (30) days of receipt of a complete application and at least sixty (60) days prior to any public hearing on the application;(3-28-23)

iii.Notice of every action related to the consideration of the permit will be sent to the EPA Administrator(3-28-23)

iv.The public notice issued pursuant to Subsection 209.01.c.ii. will indicate the opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality effect of the new major facility or major modification, alternatives to it, the control technology required, and other appropriate considerations. All requests for public hearings during a comment period with an opportunity for a hearing must be requested in writing by interested persons within fourteen (14) days of the publication of the legal notice of the proposed permit to construct or within fourteen (14) days prior to the end of the comment period, whichever is later.

v.The notice of public hearing, if required, will explain any differences between the Department's prelim inary determination and any visibility analysis performed by the Federal Land Manager and provided to the Department within thirty (30) days of the notification pursuant to Subsection 209.02.b.ii.(3-28-23)

vi.Upon a sufficient showing by the Federal Land Manager that a proposed new major facility or major modification will have an adverse impact upon the air quality related values (including visibility) of any federal mandatory Class I area, the Department may deny the application notwithstanding the fact that the concentrations of regulated air pollutants would not exceed the maximum allowable increases for a Class I area.(3-28-23)

03.Revisions of Permits to Construct. The Director may approve a revision of any permit to construct provided the stationary source or facility continues to meet all applicable requirements of Sections 200 through 227. Revised permits will be issued pursuant to procedures for issuing permits (Section 209), except that the requirements of Subsections 209.01.c., 209.02.a., and 209.02.b., only apply if the permit revision results in an increase in emissions authorized by the permit or if deemed appropriate by the Department.(3-28-23)

04.Permit to Construct Procedures for Tier I Sources. For Tier I sources that require a permit to construct, the owner or operator must either:(3-28-23)

a.Submit only the information required by Sections 200 through 214 for a permit to construct, in which case:(3-28-23)

i.A permit to construct or denial will be issued in accordance with Subsections 209.01.a. and 209.01.b.(3-28-23)

ii.The owner or operator may construct the source after permit to construct issuance or in accordance with Subsection 213.02.c.(3-28-23)

iii.The owner or operator may operate the source after permit to construct issuance so long as it does not violate any terms or conditions of the existing Tier I operating permit and complies with Subsection 380.02.

iv.Unless a different time is specified by these rules, the applicable requirements contained in a permit to construct will be incorporated into the Tier I operating permit during renewal (Section 369). Where an existing Tier I permit would prohibit such construction or change in operation, the source must obtain a permit revision before commencing operation. Tier I sources required to meet the requirements under Section 112(g) of the Clean Air Act (Section 214), or to have a permit under the preconstruction review program approved into the applicable implementation plan under Part C (Section 205) or Part D (Section 204) of Title I of the Clean Air Act, must file a complete application to obtain a Tier I permit revision within twelve (12) months after commencing operation.

v.The application or minor or significant permit modification request will be processed in accordance with timelines: Section 361.(3-28-23)

vi.The final Tier I operating permit action will incorporate the relevant terms and conditions from the permit to construct; or(3-28-23)

b.Submit all information required by Sections 200 through 214 for a permit to construct and Sections 300 through 386 for a Tier I operating permit, or Tier I operating permit modification, in which case:(3-28-23)

i.Completeness of the application will be determined within thirty (30) days.(3-28-23)

ii.The Department will prepare a proposed permit to construct or denial in accordance with Sections 200 through 214 and a draft Tier I operating permit or Tier I operating permit modification in accordance with Sections 300 through 386 within sixty (60) days.(3-28-23)

iii.The Department will provide for public comment and affected state review in accordance with Sections 209, 364 and 365 on the proposed permit to construct or denial and draft Tier I operating permit or Tier I operating permit modification.(3-28-23)

iv.Except as otherwise provided by these rules, the Department will prepare and issue to the owner or operator a final permit to construct or denial within fifteen (15) days of the close of the public comment period. The own er or operator may construct the source after permit to construct issuance or in accordance with Subsection 213.02.c.(3-28-23)

v.The final permit to construct will be sent to EPA, along with the proposed Tier I operating permit or modification. The proposed Tier I operating permit or modification will be sent for review in accordance with Section

IDAPA 58.01.01.366 (3-28-23)

vi.The Tier I operating permit, or Tier I operating permit modification, will be issued in accordance with Section 367. The owner or operator may operate the source after permit to construct issuance so long as it does not violate any terms or conditions of the existing Tier I operating permit and complies with Subsection 380.02; or

c.Submit all information required by Sections 200 through 219 for a permit to construct and Sections 300 through 381 for a Tier I operating permit, or Tier I operating permit modification, in which case:(3-28-23)

i.Completeness of the application will be determined within thirty (30) days.(3-28-23)

ii.The Department will prepare a draft permit to construct or denial in accordance with Sections 200 through 219 and that also meets the requirements of Sections 300 through 381 within sixty (60) days.(3-28-23)

iii.The Department will provide for public comment and affected state review in accordance with Sections 209, 364, and 365 on the draft permit to construct or denial.(3-28-23)

iv.The Department will prepare and send a proposed permit to construct or denial to EPA for review in accordance with Section 366. EPA review of the proposed permit to construct or denial in accordance with Section 366 can occur concurrently with public comment and affected state review of the draft permit, as provided in Subsection 209.4.c.iii. above, except that if the draft permit or denial is revised in response to public comment or affected state review, the Department must send the revised proposed permit to construct or denial to EPA for review in accordance with Section 366.(3-28-23)

v.Except as otherwise provided by these rules, the Department will prepare and issue to the owner or operator a final permit to construct or denial in accordance with Section 367. The owner or operator may construct the source after permit to construct issuance or in accordance with Subsection 213.02.c.(3-28-23)

vi.The permittee may, at any time after issuance, request that the permit to construct requirements be incorporated into the Tier I operating permit through an administrative amendment in accordance with Section 381.

The owner or operator may operate the source or modification upon submittal of the request for an administrative amendment.(3-28-23)

05.Transfer of Permits to Construct.(3-28-23)

a.Transfers by Revision. A permit to construct may be transferred to a new owner or operator in accordance with Subsection 209.03.(3-28-23)

b.Automatic Transfers. Any permit to construct, with or without transfer prohibition language, may be automatically transferred if:(3-28-23)

i.The current permittee notifies the Department at least thirty (30) days in advance of the proposed transfer date;(3-28-23)

ii.The notice provides written documentation signed by the current and proposed permittees containing a date for transfer of permit responsibility, designation of the proposed permittee’s responsible official, and certification that the proposed permittee has reviewed and intends to operate in accordance with the permit terms and conditions; and(3-28-23)

iii.The Department does not notify the current permittee and the proposed permittee within thirty (30) days of receipt of the notice of the Department’s determination that the permit must be revised pursuant to Subsection .04. If the Department does not issue such notice, the transfer is effective on the date provided in the notice described in Subsection 209.05.b.ii.(3-28-23)

IDAPA 58.01.01.210 Demonstration of Preconstruction Compliance with Toxic Standards

In accordance with Subsection 203.03, the applicant must demonstrate preconstruction compliance with Section 161 to the satisfaction of the Department. The accuracy, completeness, execution and results of the demonstration are all subject to review and approval by the Department. For purposes of this section, Toxic Air Pollutant Reasonably Available Control Technology (T-RACT) is an emission standard based on the lowest emission of toxic air pollutants that a particular source is capable of meeting by the application of control technology that is reasonably available, as determined by the Department, considering technological and economic feasibility. If control technology is not feasible, the emission standard may be based on the application of a design, equipment, work practice or operational requirement, or combination thereof.(3-28-23)

01.Identification of Toxic Air Pollutants. The applicant may use process knowledge, raw materials inputs, EPA and Department references and commonly available references approved by EPA or the Department to identify the toxic air pollutants emitted by the stationary source or modification.(3-28-23)

02.Quantification of Emission Rates.(3-28-23)

a.The applicant may use standard scientific and engineering principles and practices to estimate the emission rate of any toxic air pollutant at the point(s) of emission.(3-28-23)

i.Screening engineering analyses use unrefined conservative data.(3-28-23)

ii.Refined engineering analyses utilize refined and less conservative data including, but not limited to, emission factors requiring detailed input and actual emissions testing at a comparable emissions unit using EPA or Department approved methods.(3-28-23)

b.The uncontrolled emissions rate of a toxic air pollutant from a source or modification is calculated using the maximum capacity of the source or modification under its physical and operational design without the effect of any physical or operational limitations.(3-28-23)

i.Examples of physical and operational design include but are not limited to the amount of time equipment operates during batch operations and the quantity of raw materials utilized in a batch process.(3-28-23)

ii.Examples of physical or operational limitations include but are not limited to shortened hours of operation, use of control equipment, and restrictions on production that are less than design capacity.(3-28-23)

c.The controlled emissions rate of a toxic air pollutant from a source or modification is calculated using the maximum capacity of the source or modification under its physical and operational design with the effect of any physical or operational limitation that has been specifically described in a written and certified submission to the

d.The T-RACT emissions rate of a toxic air pollutant from a source or modification is calculated using the maximum capacity of the source or modification under its physical and operational design with the effect of:(3-28-23)

i.Any physical or operational limitation other than control equipment that has been specifically described in a written and certified submission to the Department; and(3-28-23)

ii.An emission standard that is T-RACT.(3-28-23)

03.Quantification of Ambient Concentrations.(3-28-23)

a.The applicant may use the modeling methods provided in Subsection 202.02 to estimate the ambient concentrations at specified receptor sites for any toxic air pollutant emitted from the point(s) of emission. b.

The point of compliance is the receptor s ite that is estimated to have the highest ambient concentration of the toxic air pollutant of all the receptor sites that are located either at or beyond the facility property boundary or at a point of public access; provided that, if the toxic air pollutant is listed in Section 586, the receptor site is not considered to be at a point of public access if the receptor site is located on or within a road, highway or other transportation corridor transecting the facility.(3-28-23)

c.The uncontrolled ambient concentration of the source or modification is estimated by modeling the uncontrolled emission rate.(3-28-23)

d.The controlled ambient concentration of the source or modification is estimated by modeling the controlled emission rate.(3-28-23)

e.The approved net ambient concentration from a modification for a toxic air pollutant at each receptor is calculated by subtracting the estimated decreases in ambient concentrations for all sources at the facility contributing an approved creditable decrease at the receptor site from the estimated ambient concentration from the modification at the receptor.(3-28-23)

f.The approved offset ambient concentration from a source or modification for a toxic air pollutant at each receptor is calculated by subtracting the estimated decreases in ambient concentrations for all sources contributing an approved offset at the receptor from the estimated ambient concentration for the source or modification at the receptor.(3-28-23)

g.The T-RACT ambient concentration of the source or modification is estimated by using refined modeling and the T-RACT emission rate.(3-28-23)

h.The approved interpollutant ambient concentration from a source or modification for a toxic air pollutant at each receptor is calculated as follows:(3-28-23)

i.Step 1: Calculate the estimated decrease in ambient concentrations for each toxic air pollutant from each source contributing an approved interpollutant trade at the receptor by multiplying the approved interpollutant ratio by the overall decrease in the ambient concentration of the toxic air pollutant at the receptor site.(3-28-23)

ii.Step 2: Calculate the total estimated decrease at the receptor by summing all of the individual estimated decreases calculated in Subsection 210.03.h.i. for that receptor.(3-28-23)

iii.Step 3: Calculate the approved interpollutant ambient concentration by subtracting the total estimated decrease at the receptor from the estimated ambient concentration for the source or modification at the receptor.(3-28-23)

04.Preconstruction Compliance Demonstration. The applicant may use any of the Department approved standard methods described in Subsections 210.05 through 210.08 and may use any applicable specialized method described in Subsections 210.09 through 210.12 to demonstrate preconstruction compliance for each identified toxic air pollutant.(3-28-23)

05.Uncontrolled Emissions.(3-28-23)

a.Compare the source's or modification's uncontrolled emissions rate for the toxic air pollutant to the appl icable screening emission level listed in Sections 585 or 586.(3-28-23)

b.If the source's or modification's uncontrolled emission rate is less than or equal to the applicable screening emission level, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part of the application process.(3-28-23)

06.Uncontrolled Ambient Concentration.(3-28-23)

a.Compare the source's or modification's uncontrolled ambient concentration at the point of compliance for the toxic air pollutant to the applicable acceptable ambient concentration listed in Sections 585 or

IDAPA 58.01.01.586 (3-28-23)

b.If the source's or modification's uncontrolled ambient concentration at the point of compliance is less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part of the application process.(3-28-23)

07.Controlled Emissions.(3-28-23)

a.Compare the source's or modification's controlled emissions rate for the toxic air pollutant to the applicable screening emission level listed in Sections 585 or 586.(3-28-23)

b.If the source's or modification's controlled emission rate is less than or equal to the applicable screening emission level, no further procedure for demonstrating preconstruction compliance is required for that toxic air pollutant as part of the application process.(3-28-23)

08.Controlled Ambient Concentration.(3-28-23)

a.Compare the source's or modification's controlled ambient concentration at the point of compliance for the toxic air pollutant to the applicable acceptable ambient concentration listed in Sections 585 or 586. (3-28-23)

b.If the source's or modification's controlled ambient concentration at the point of compliance is less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part of the application process.(3-28-23)

c.The Department will include an emission limit for the toxic air pollutant in the permit to construct that is equal to or, if requested by the applicant, less than the emission rate that was used in the modeling. (3-28-23)

09.Net Emissions.(3-28-23)

a.As provided in Section 007 (definition of net emissions increase) and Sections 460 and 461, the owner or operator may net emissions to demonstrate preconstruction compliance.(3-28-23)

b.Compare the modification's approved net emissions increase (expressed as an emission rate) for the toxic air pollutant to the applicable screening emission level listed in Sections 585 or 586.(3-28-23)

c.If the modification's approved net emissions increase is less than or equal to the applicable screening emission level, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part of the application process.(3-28-23)

d.The Department will include emission limits and other permit terms for the toxic air pollutant in the permit to construct that assure that the facility will be operated in the manner described in the preconstruction

10.Net Ambient Concentration.(3-28-23)

a.As provided in Section 007 (definition of net emission increase) and Sections 460 and 461, the owner or operator may net ambient concentrations to demonstrate preconstruction compliance.(3-28-23)

b.Compare the modification's approved net ambient concentration at the point of compliance for the toxic air pollutant to the applicable acceptable ambient concentration listed in Sections 585 or 586.(3-28-23)

c.If the modification's approved net ambient concentration at the point of compliance is less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part of the application process.(3-28-23)

d.The Department will include emission limits and other permit terms for the toxic air pollutant in the permit to construct that assure that the facility will be operated in the manner described in the preconstruction

11.Toxic Air Pollutant Offset Ambient Concentration.(3-28-23)

a.As provided in Sections 206 and 460, the owner or operator may use offsets to demonstrate preconstruction compliance.(3-28-23)

b.Compare the source's or modification's approved offset ambient concentration at the point of compliance for the toxic air pollutant to the applicable acceptable ambient concentration listed in Sections 585 or

IDAPA 58.01.01.586 (3-28-23)

c.If the source's or modification's approved offset ambient concentration at the point of compliance is less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part of the application process.(3-28-23)

d.The Department will include emission limits and other permit terms for the toxic air pollutant in the permit to construct that assure that the facility will be operated in the manner described in the preconstruction

12.T-RACT Ambient Concentration for Carcinogens.(3-28-23)

a.As provided in Subsections 210.12 and 210.13, the owner or operator may use T-RACT to demonstrate preconstruction compliance for toxic air pollutants listed in Section 586. This method may be used in conjunction with netting (Subsection 210.09), and offsets (Subsection 210.11).(3-28-23)

b.Compare the source's or modification's approved T-RACT ambient concentration at the point of compliance for the toxic air pollutant to the amount of the toxic air pollutant that would contribute an ambient air cancer risk probability of less than one to one hundred thousand (1:100,000) (which amount is equivalent to ten (10) times the applicable acceptable ambient concentration listed in Section 586).(3-28-23)

c.If the source's or modification's approved T-RACT ambient concentration at the point of compliance is less than or equal to the amount of the toxic air pollutant that would contribute an ambient air cancer risk probability of less than one to one hundred thousand (1:100,000), no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part of the application process.(3-28-23)

d.The Department will include emission limits and other permit terms for the toxic air pollutant in the permit to construct that assure that the facility will be operated in the manner described in the preconstruction

13.T-RACT Determination Processing.(3-28-23)

a.The applicant may submit all information necessary to the demonstration at the time the applicant submits the complete initial application, or the applicant may request the Department to review a complete initial application to determine if Subsection 210.12 may be applicable to the source or modification.(3-28-23)

b.Notwithstanding Subsections 209.01.a. and 209.01.b., if the applicant requests the Department to review a complete initial application and Subsection 210.12 is determined to be applicable, the completeness determination for the initial application will be revoked until a supplemental application is submitted and determined com plete. When the supplemental application is determined complete, the timeline for agency action will be reinitiated.(3-28-23)

14.T-RACT Determination. T-RACT will be determined on a case-by-case basis by the Department as follows:(3-28-23)

a.The applicant must submit information to the Department identifying and documenting which control technologies or other requirements the applicant believes to be T-RACT.(3-28-23)

b.The Department will review the information submitted by the applicant and determine whether the applicant has proposed T-RACT.(3-28-23)

c.The technological feasibility of a control technology or other requirements for a particular source will be determined considering several factors including, but not limited to:(3-28-23)

i.Process and operating procedures, raw materials and physical plant layout.(3-28-23)

ii.The environmental impacts caused by the control technology that cannot be mitigated, including, but not limited to, water pollution and the production of solid wastes.(3-28-23)

iii.The energy requirements of the control technology.(3-28-23)

d.The economic feasibility of a control technology or other requirement, including the costs of necessary mitigation measures, for a particular source will be determined considering several factors including, but not limited to:(3-28-23)

i.Capital costs.(3-28-23)

ii.Cost effectiveness, which is the annualized cost of the control technology divided by the amount of emission reduction.(3-28-23)

iii.The difference in costs between the particular source and other similar sources, if any, that have implemented emissions reductions.(3-28-23)

e.If the Department determines that the applicant has proposed T-RACT, the Department will determine which of the options, or combination of options, will result in the lowest emission of toxic air pollutants, develop the emission standards constituting T-RACT and incorporate the emission standards into the permit to construct.(3-28-23)

f.If the Department determines that the applicant has not proposed T-RACT, the Department will disapprove the submittal. If the submittal is disapproved, the applicant may supplement its submittal or demonstrate preconstruction compliance through a different method provided in Section 210. If the applicant does not supplement its submittal or demonstrate preconstruction compliance through a different method provided in Section 210, the Department will deny the permit.(3-28-23)

15.Short Term Source Factor. For short term sources, the applicant may utilize a short-term adjustment factor of ten (10). For a carcinogen, multiply either the applicable acceptable ambient concentration (AACC) or the screening emission rate, but not both, by ten (10), to demonstrate preconstruction compliance. This method may be used for TAPs listed in Section 586 only and may be utilized in conjunction with standard methods for quantification of emission rates (Subsections 210.05 through 210.08).(3-28-23)

16.Environmental Remediation Source.(3-28-23)

a.For Remediation sources subject to or regulated by the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901-6992k) and the “Idaho Rules and Standards for Hazardous Waste,” (IDAPA 58.01.05.000 et seq.) or the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 6901-6992k) or a consent order, if the estimated ambient concentration at the point of impact is greater than the acceptable ambient impacts listed in Sections 585 and 586, Best Available Control Technology will be applied and operated until the estimated uncontrolled emissions from the remediation source are below the acceptable ambient concentration.

b.For Remediation sources not subject to or regulated by the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901-6992k) and the “Idaho Rules and Standards for Hazardous Waste,” (IDAPA 58.01.05.000 et seq.) or the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 6901-6992k) or a consent order, will, for the purposes of these rules, be considered the same as any other new or modified source of toxic air pollution.(3-28-23)

c.For an environmental remediation source that functions to remediate or recover any release, spill, leak, discharge or disposal of any petroleum product or petroleum substance, the Department may waive the req uirements of Section 513.(3-28-23)

17.Interpollutant Trading Ambient Concentration.(3-28-23)

a.As provided in Subsections 209.01.c., 210.17 through 210.19, the owner or operator may use interpollutant trading to demonstrate preconstruction compliance. This method may be used in conjunction with netting (Subsection 210.10), and offsets (Subsection 210.11)(3-28-23)

b.Compare the source's or modification's approved interpollutant ambient concentration at the point of compliance for the toxic air pollutant emitted by the source or modification to the applicable acceptable ambient concentration listed in Sections 585 or 586.(3-28-23)

c.If the source's or modification's approved interpollutant ambient concentration at the point of compliance is less than or equal to the applicable acceptable ambient concentration listed in Sections 585 or 586, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part of the application process.(3-28-23)

d.The Department will include emission limits for all of the toxic air pollutants involved in the trade in the permit to construct. The Department will also include other permit terms in the permit to construct that assure that the facility will be operated in the manner described in the preconstruction compliance demonstration. (3-28-23)

18.Interpollutant Trading Determination Processing.(3-28-23)

a.The applicant may submit all information necessary to the demonstration at the time the applicant submits the complete initial application, or the applicant may request the Department to review a complete initial application to determine if Subsection 210.17 may be applicable to the source or modification.(3-28-23)

b.Notwithstanding Subsections 209.01.a. and 209.01.b., if the applicant requests the Department to review a complete initial application and Subsection 210.17 is determined to be applicable, the completeness determination for the initial application will be revoked until a supplemental application is submitted and determined complete. When the supplemental application is determined complete, the timeline for agency action will be reinitiated.(3-28-23)

19.Interpollutant Determination.(3-28-23)

a.The applicant may request an interpollutant trade if the Department determines that:(3-28-23)

i.The facility complies with an emission standard at least as stringent as best available control technology (BACT); and(3-28-23)

ii.The owner or operator has instituted all known and available methods of pollution prevention at the facility to reduce, avoid or eliminate toxic air pollution prior to its generation including, but not limited to, recycling, chemical substitution, and process modification provided that such pollution prevention methods are compatible with each other, and the product or service being produced; and(3-28-23)

iii.The owner or operator has taken all available offsets; and(3-28-23)

iv.The owner or operator has identified all geographical areas and populations that may be impacted by the proposed interpollutant trade.(3-28-23)

b.Interpollutant trades will be approved or denied on a case-by-case basis by the Department.

Approvals will be granted only if:(3-28-23)

i.The Department of Health and Welfare’s Division of Health approves the interpollutant trade; and ii.

The Department of Environmental Quality determines that the interpollutant trade will result in a overall benefit to the environment; and(3-28-23)

iii.An EPA approved database or other EPA approved reference provides relative potency factors, or comparable factors, or other data that is sufficient to allow for adequate review and approval of the proposed trade is submitted for all of the toxic air pollutants being traded; and(3-28-23)

iv.The reductions occur at the same facility where the proposed source or modification will be constructed; and(3-28-23)

v.The interpollutant trade will not cause an increase in the ambient concentrations of the carcinogenic toxic air pollutants involved in the particular interpollutant trade at any receptor site; and(3-28-23)

vi.The total cancer risk with the interpollutant trade will be less than the total cancer risk without the interpollutant trade; and(3-28-23)

vii.The total non-cancer health risk with the interpollutant trade will be less than the total non-cancer health risk without the interpollutant trade.(3-28-23) 20.40 CFR Parts 60, 61 and 63 Sources. No demonstration of compliance with the toxic air pollutant provisions is required to obtain a permit to construct or to demonstrate permit to construct exemption criteria for a new source or for modification of an existing source if the toxic air pollutant is also a listed hazardous air pollutant from:(3-28-23)

a.The equipment or activity covered by a 40 CFR Part 60, 61, or 63 rule; or(3-28-23)

b.The source category of equipment or activity addressed by a 40 CFR Part 60, 61, or 63 rule even if the equipment or activity is not subject to compliance requirements under the federal rule.(3-28-23)

IDAPA 58.01.01.211 Conditions for Permits to Construct

01.Reasonable Conditions.

The Department may impose any reasonable conditions upon an approval, including conditions requiring the stationary source or facility to be provided with:(3-28-23)

a.Sampling ports of a size, number, and location as the Department may require;(3-28-23)

b.Safe access to each port;(3-28-23)

c.Instrumentation to monitor and record emissions data;(3-28-23)

d.Instrumentation for ambient monitoring to determine the effect emissions from the stationary source or facility may have, or are having, on the air quality in any area affected by the stationary source or facility;

e.Any other sampling and testing facilities as may be deemed reasonably necessary.(3-28-23)

02.Cancellation. The Department may cancel a permit to construct if the construction is not begun within two (2) years from the date of issuance, or if during the construction, work is suspended for one (1) year.

03.Notification to The Department. Any owner or operator of a stationary source or facility subject to a permit to construct must furnish the Department written notifications as follows:(3-28-23)

a.A notification of the anticipated date of initial start-up of the stationary source or facility not more than sixty (60) days or less than thirty (30) days prior to such date; and(3-28-23)

b.A notification of the actual date of initial start-up of the stationary source or facility within fifteen (15) days after such date.(3-28-23)

04.Performance Test. Within sixty (60) days after achieving the maximum production rate at which the stationary source or facility will be operated but not later than one hundred eighty (180) days after initial start-up of such stationary source or facility, the owner or operator of such stationary source or facility may be required to conduct a performance test in accordance with methods and under operating conditions approved by the Department and furnish the Department a written report of the results of such performance test.(3-28-23)

a.Such test will be at the expense of the owner or operator.(3-28-23)

b.The Department may monitor such test and may also conduct performance tests.(3-28-23)

c.The owner or operator of a stationary source or facility must provide the Department fifteen (15) days prior notice of the performance test to afford the Department the opportunity to have an observer present.

IDAPA 58.01.01.212 Relaxation of Standards or Restrictions

At such time that a particular facility or modification becomes a major facility or major modification solely by virtue of a relaxation in any enforceable emission standard or restriction on the operating rate, hours of operation or on the type or amount of material combusted, stored or processed, that was used to exempt the facility or modification from certain requirements for a permit to construct, the requirements for new major facilities or major modifications will apply to the facility or modification as though construction had not yet commenced.(3-28-23)

IDAPA 58.01.01.213 Pre-Permit Construction

This section describes how owners or operators may comm ence construction or modification of certain stationary sources before obtaining the required permit to construct.(3-28-23)

01.Pre-Permit Construction Eligibility. Pre-permit construction approval is available for new sources and modifications that are not considered major as defined in 40 CFR 52.21 proposed in accordance with Subsection 213.01.d. Pre-permit construction is not available for any new source or modification that: uses emissions netting to stay below major source levels; uses optional offsets pursuant to Section 206; or would have an adverse impact on the air quality related values of any Class I area. Owners or operators may ask the Department for the ability to commence construction or modification of qualifying sources under Section 213 before receiving the required permit to construct. To obtain the Department’s pre-permit construction approval, the owner or operator

a.Apply for a permit to construct in accordance with Subsections 202.01.a., 202.02, and 202.03 of this chapter.(3-28-23)

b.Consult with Department representatives prior to submitting a pre-permit construction approval

c.Submit a pre-permit construction approval application that must contain, but not be limited to: a letter requesting the ability to construct before obtaining the required permit to construct, a copy of the notice referenced in Subsection 213.02; proof of eligibility; process description(s); equipment list(s); proposed emission limits and modeled ambient concentrations for all regulated air pollutants and toxic air pollutants, such that they demonstrate compliance with all applicable air quality rules and regulations. The models must be conducted in accordance with Subsection 202.02 and with written Department approved protocol and submitted with sufficient detail so that modeling can be duplicated by the Department.(3-28-23)

d.Owners or operators seeking limitations on a source’s potential to emit such that permitted emissions will be either below major source levels or below a significant increase must describe in detail in the prepermit construction application the proposed restrictions and certify in accordance with Section 123 that they will comply with the restrictions, including any applicable monitoring and reporting requirements.(3-28-23)

02.Permit to Construct Procedures for Pre-Permit Construction.(3-28-23)

a.Within ten (10) days after the submittal of the pre-permit construction approval application, the owner or operator must hold an informational meeting in at least one (1) location in the region in which the stationary source or facility is to be located. The informational meeting must be made known by notice published at least ten (10) days before the meeting in a newspaper of general circulation in the county(ies) in which the stationary source or facility is to be located. A copy of such notice must be included in the application.(3-28-23)

b.Within fifteen (15) days after the receipt of the pre-permit construction approval application, the Department will notify the owner or operator in writing of pre-permit construction approval or denial. The Department may deny the pre-permit construction approval application for any reason it deems valid.(3-28-23)

c.Upon receipt of the pre-permit construction approval letter issued by the Department, the owner or operator may begin construction at their own risk as identified in Subsection 213.02.d. Upon issuance of the prepermit construction approval letter, any and all potential to emit limitations addressed in the pre-permit construction application pursuant to Subsection 213.01.d. will become enforceable. The owner or operator must not operate those emissions units subject to permit to construct requirements in accordance with Section 200 unless and until issued a permit pursuant to Section 209.(3-28-23)

d.If the pre-permit construction approval application is determined incomplete or the permit to construct is denied, the Department will issue an incompleteness or denial letter pursuant to Section 209. If the Department denies the permit to construct, then the owner or operator will have violated Section 201 on the date it commenced construction as defined in Section 006. The owner or operator may not contest the final permit to construct decision based on the fact that they have already begun construction.(3-28-23)

IDAPA 58.01.01.214 Demonstration of Preconstruction Compliance for New and

RECONSTRUCTED MAJOR SOURCES OF HAZARDOUS AIR POLLUTANTS.

01.Compliance with Federal MACT.

All owners or operators of major sources of hazardous air pollutants that are subject to an applicable Maximum Available Control Technology (MACT) standard promulgated by EPA pursuant to Section 112 of the Clean Air Act and 40 CFR Part 63 must comply with the applicable MACT standard and such owners or operators are not subject to Subsections 214.02 and 214.03.(3-28-23)

02.Requirement to Obtain Preconstruction MACT Determination from the Department. No owner or operator may construct or reconstruct a major source of hazardous air pollutants unless such owner or operator has obtained a MACT standard determination from the Department. The Department will make the MACT standard determination on a case-by-case basis and in accordance with Section 112(g)(2)(B) of the Clean Air Act and 40 CFR 63.40 through 63.44 as incorporated by reference in Section 107.(3-28-23)

03.Development of MACT by the Department After EPA Deadline. In the event that EPA fails to promulgate a MACT standard for a category or subcategory of major sources of hazardous air pollutants identified by the EPA under the Clean Air Act by the date established under Section 112(e) of the Clean Air Act, the owner or operator of any major source of hazardous air pollutants in such category or subcategory must submit an application to the Department for a MACT standard determination. The Department will make the MACT standard determination on a case-by-case basis and in accordance with Section 112(j) of the Clean Air Act and 40 CFR 63.50 through 63.56 as incorporated by reference in Section 107.(3-28-23)

IDAPA 58.01.01.215 Mercury Emission Standard for New or Modified Sources

No owner or operator may commence constru ction or modification of a stationary source or facility that results in an increase in annual potential emissions of mercury of twenty-five (25) pounds or more unless the owner or operator has obtained a permit to construct under Sections 200 through 227. The permit to construct application must include an MBACT analysis for the new or modified source or sources for review and approval by the Department. A determination of applicability under Section 215 will be based upon the best available information. Fugitive emissions are not included in a determination of applicability under Section 215.(3-28-23)

01.Exemptions. New or modified stationary sources within a source category subject to 40 CFR Part 63 are exempt from the requirements of Section 215.(3-28-23)

02.Applicability. Except as provided in Subsection 215.01, Section 215 applies to all new or modified sources.(3-28-23)

IDAPA 58.01.01.216 (Reserved)

IDAPA 58.01.01.220 General Exemption Criteria for Permit to Construct Exemptions

01.General Exemption Criteria.

Sections 220 through 223 may be used by owners or operators to exempt certain sources from the requirement to obtain a permit to construct. Nothing in these sections precludes an owner or operator from choosing to obtain a permit to construct. For purposes of Sections 220 through 223, the term source means the equipment or activity being exempted. For purposes of Sections 220 through 223, fugitive emissions are not considered in determining whether a source meets the applicable exemption criteria unless required by federal law. No permit to construct is required for a source that satisfies all of the following criteria, in addition to the criteria set forth at Sections 221 and 223 or 222 and 223 (as required):(3-28-23)

a.The maximum capacity of a source to emit an air pollutant under its physical and operational design without consideration of limitations on emission such as air pollution control equipment, restrictions on hours of operation and restrictions on the type and amount of material combusted, stored or processed would not: (3-28-23)

i.Equal or exceed one hundred (100) tons per year of any regulated air pollutant.(3-28-23)

ii.Cause an increase in the emissions of a major facility that equals or exceeds the significant emissions rates set out in the definition of significant at Section 006.(3-28-23)

b. The source is not part of a proposed new major facility or part of a proposed major modification.

02.Record Retention. Unless the source is subject to and the owner or operator complies with Section 385, the owner or operator of the source, except for those sources listed in Subsections 222.02.a. through 222.02.g., must maintain documentation on site that identifies the exemption determined to apply to the source and verify that the source qualifies for the identified exemption. The records and documentation must be kept for a period of time not less than five (5) years from the date the exemption determination has been made or for the life of the source for which the exemption has been determined to apply, whichever is greater, or until such time as a permit to construct or an operating permit is issued that covers the operation of the source. The owner or operator must submit the documentation to the Department upon request.(3-28-23)

IDAPA 58.01.01.221 Category I Exemption

No permit to construct is required for a source that satisfies the criteria set forth in Section 220 and the following:

01.Below Regulatory Concern. The maximum capacity of a source to emit an air pollutant under its physical and operational design considering limitations on emissions such as air pollution control equipment, restrictions on hours of operation and restrictions on the type and amount of material combusted, stored or processed must be less than ten percent (10%) of the significant emission rates set out in the definition of significant at Section

IDAPA 58.01.01.006 (3-28-23)

02.Radionuclides. The source is not required to obtain approval to construct in accordance with the applicable radionuclides standard in 40 CFR Part 61, Subpart H.(3-28-23)

03.Toxic Air Pollutants. The source complies with Section 223.(3-28-23)

04.Mercury. The source has potential emissions that are less than twenty-five (25) pounds per year of mercury. Fugitive emissions are not to be included in the calculation of potential mercury emissions.(3-28-23)

IDAPA 58.01.01.222 Category Ii Exemption

No permit to construct is required for the following sources.(3-28-23)

Exempt Source. A source that satisfies the criteria set forth in Section 220 and is specified below:

a.Laboratory equipment used exclusively for chemical and physical analyses, research or education, including, but not limited to, ventilating and exhaust systems for laboratory hoods. To qualify for this exemption, the source must:(3-28-23)

i.Comply with Section 223.(3-28-23)

ii.Not be required to obtain approval to construct in accordance with the applicable radionuclides standard in 40 CFR Part 61, Subpart H.(3-28-23)

b.Environmental characterization activities including emplacement and operation of field instruments, drilling of sampling and monitoring wells, sampling activities, and environmental characterization

c.Stationary internal combustion engines of less than or equal to six hundred (600) horsepower and that are fueled by natural gas, propane gas, liquefied petroleum gas, distillate fuel oils, residual fuel oils, and diesel fuel; waste oil, gasoline, or refined gasoline may not be used. To qualify for this exemption, the source must be operated in accordance with the following:(3-28-23)

i.One hundred (100) horsepower or less -- unlimited hours of operation.(3-28-23)

ii.One hundred one (101) to two hundred (200) horsepower -- less than four hundred fifty (450) hours per month.(3-28-23)

iii.Two hundred one (201) to four hundred (400) horsepower -- less than two hundred twenty-five (225) hours per month.(3-28-23)

iv.Four hundred one (401) to six hundred (600) horsepower -- less than one hundred fifty (150) hours per month.(3-28-23)

d.Stationary internal combustion engines used exclusively for emergency purposes that are operated less than five hundred (500) hours per year and are fueled by natural gas, propane gas, liquefied petroleum gas, distillate fuel oils, residual fuel oils, and diesel fuel; waste oil, gasoline, or refined gasoline may not be used.

e.A pilot plant is defined as a stationary source located at least one quarter (¼) mile from any sensitive receptor; functions to test processing, mechanical, or pollution control equipment’s full-scale feasibility; and does not produce products for sale except in developmental quantities. It uses a slip stream of no more than ten percent (10%) from an existing process stream and satisfies the following:(3-28-23)

i.The source must comply with Section 223. For carcinogen emissions, the owner or operator may utilize a short-term adjustment factor of ten (10) by multiplying either the acceptable ambient concentration or the screening emissions level, but not both, by ten (10);(3-28-23)

ii.The source is not required to obtain approval to construct in accordance with the applicable radionuclides standard in 40 CFR Part 61, Subpart H; and(3-28-23)

iii.The exemption for a pilot plant terminates one (1) year after the commencement of operations and may not be renewed.(3-28-23)

02.Other Exempt Sources. A source that satisfies the criteria set forth in Section 220 and that is specified below:(3-28-23) a.

Air conditioning or ventilating equipment not designed to remove air pollutants generated by or rel eased from equipment.(3-28-23)

b.Air pollutant detectors or recorders, combustion controllers, or combustion shutoffs.(3-28-23)

c.Fuel burning equipment for indirect heating and for heating and reheating furnaces using natural gas, propane gas, liquefied petroleum gas, or biogas (gas produced by the anaerobic decomposition of organic material through a controlled process) with hydrogen sulfide concentrations less than two hundred (200) ppmv exclusively with a capacity of less than fifty (50) million btu's per hour input.(3-28-23)

d.Other fuel burning equipment for indirect heating with a capacity of less than one million (1,000,000) btu's per hour input.(3-28-23)

e.Mobile internal combustion engines, marine installations and locomotives.(3-28-23)

f.Agricultural activities and services.(3-28-23)

g.Retail gasoline, natural gas, propane gas, liquefied petroleum gas, distillate fuel oils and diesel fuel sales.(3-28-23)

h.Used Oil Fired Space Heaters which comply with all the following criteria:(3-28-23)

i.The used oil-fired space heater burns only used oil that the owner or operator generates on site, that is derived from households, such as used oil generated by individuals maintaining their personal vehicles, or onspecification used oil that is derived from commercial generators provided that the generator, transporter and owner or operator burning the oil for energy recovery comply fully with IDAPA 58.01.05.015, “Rules and Standards for Hazardous Waste”;(3-28-23)

(1)For the purposes of Subsection 222.02.h., “used oil” refers to any oil that has been refined from crude oil or any synthetic oil that has been used and, as a result of such use, is contaminated by physical or chemical impurities.(3-28-23)

(2)For the purposes of Subsection 222.02.h., “used oil fired space heater” refers to any furnace or apparatus and all appurtenances thereto, designed, constructed and used for combusting used oil for energy recovery to directly heat an enclosed space.(3-28-23)

ii.Any used oil burned is not contaminated by added toxic substances such as solvents, antifreeze or other household and industrial chemicals;(3-28-23)

iii.The used oil-fired space heater is designed to have a maximum capacity of not more than one half (0.5) million BTU per hour;(3-28-23)

iv.The combustion gases from the used oil-fired space heater are vented to the ambient air through a stack equivalent to the type and design specified by the manufacturer of the heater and installed to minimize down wash and maximize dispersion; and(3-28-23)

v.The used oil-fired space heater is of modern commercial design and manufacture, except that a homemade used oil-fired space heater may be used if, prior to the operation of the homemade unit, the owner or operator submits documentation to the Department demonstrating, to the satisfaction of the Department, that emissions from the homemade unit are no greater than those from modern commercially available units.(3-28-23)

i.Multiple chamber crematory retorts used to cremate human or animal remains using natural gas exclusively with a maximum average charge capacity of two hundred (200) pounds of remains per hour and a minimum secondary combustion chamber temperature of one thousand five hundred (1500) degrees Fahrenheit while operatin

g.(3-28-23)

j.Petroleum environmental remediation source by vapor extraction with an operation life not to exceed five (5) years (except for landfills). The short-term adjustment factor in Subsection 210.15 cannot be used if the remediation is within five hundred (500) feet of a sensitive receptor. Forms are available at the DEQ website at http://www.deq.idaho.gov, to help assist sources in this exemption determination.(3-28-23)

k.Dry cleaning facilities that are not major under, but subject to, 40 CFR Part 63, Subpart M.

IDAPA 58.01.01.223 Exemption Criteria and Reporting Requirements for Toxic Air Pollutant

EMISSIONS.

No permit to construct for toxic air pollutants is required for a source that satisfies any of the exemption criteria below, the recordkeeping criteria in Subsection 220.02, and reporting criteria in Subsection 223.04:(3-28-23)

01.Below Regulatory Concern (BRC) Exemption. The source qualifies for a BRC exemption if the uncontrolled emission rate (refer to Section 210) for all toxic air pollutants emitted by the source is less than or equal to ten percent (10%) of all applicable screening emission levels listed in Sections 585 and 586.(3-28-23)

02.Level I Exemption. To obtain a Level I exemption, the source must satisfy the following criteria:

a.The uncontrolled emission rate (refer to Section 210) for all toxic air pollutants must be less than or equal to all applicable screening emission levels listed in Sections 585 and 586; or(3-28-23)

b.The uncontrolled ambient concentration (refer to Section 210) for all toxic air pollutants at the point of compliance must be less than or equal to all applicable acceptable ambient concentrations listed in Sections 585 and 586.(3-28-23)

03.Level II Exemption. To obtain a Level II exemption, the maximum capacity of a source to emit a toxic air pollutant under its physical and operational design considering limitations on emissions such as air pollution control equipment, restrictions on hours of operation and restrictions on the type and amount of material combusted, stored or processed at the point of compliance is less than or equal to ten percent (10%) of all applicable screening emission levels listed in Sections 585 and 586.(3-28-23)

04.Toxic Air Pollutant Exemption Report. The owner or operator of a source claiming a Level I or II exemption must submit a certified report, on or before May 1 for the previous calendar year, to the Department for each Level I or II exemption determination. The owner or operator is not required to annually submit a certified report for a Level I or II exemption determination previously claimed and reported. The report must state the date construction has or will commence and must include copies of all exemption determinations completed by the owner or operator for each Level I and II exemption.(3-28-23)

IDAPA 58.01.01.224 Permit to Construct Application Fee

All applicants for a permit to construct must submit a permi t to construct application fee of one thousand dollars ($1,000) to the Department at the time of the original submission of the application. The permit to construct application fee is not required to be submitted for:(3-28-23)

01.Exemption Applicability Determinations. Exemption applicability determinations set forth in Sections 220 through 223;(3-28-23)

02.Typographical Errors. Changes to correct typographical errors; or(3-28-23)

03.Name or Ownership Change. A change in the name or ownership of the holder of a permit to construct when the Department determines no other review or analysis is required.(3-28-23)

IDAPA 58.01.01.225 Permit to Construct

PROCESSING FEE.

A permit to construct processing fee, calcu lated by the Department pursuant to the categories provided in the following table, must be paid to the Department by the person receiving the permit. The applicable processing fee category is determined by adding together the amount of increases of regulated pollutant emissions and subtracting any decreases of regulated pollutant emissions as identified in the permit to construct. The fee calculation does not include fugitive emissions.

IDAPA 58.01.01.226 Payment of Fees for Permits to Construct

01.Fee Submittal.

The permit to construct application fee must be submitted with the application. The permit to construct processing fee is payable upon receipt of an assessment sent to the person receiving a permit by the Department. Information for making payments is available at http://www.deq.idaho.gov.(3-28-23)

02.Delinquency. No application for a permit to construct will be processed by the Department unless accompanied by a permit to construct application fee. No permit to construct will be issued by the Department until the Department has received the permit to construct processing fee.(3-28-23)

IDAPA 58.01.01.227 Receipt and Usage of Fees

Permit to construct application and proc essing 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. The permit to construct application fee payable under Section 227 will be retained by the Department regardless of whether a permit to construct is issued by the Department in response to an application.(3-28-23)

IDAPA 58.01.01.228 (Reserved)

IDAPA 58.01.01.300 Procedures and Requirements for Tier I Operating Permits

Sections 300 through 397 establish requirements and procedures for the issuance of Tier I operating permits. Unless specifically identified in this Chapter, definitions for the Tier 1 operating permit program are located in 40 CFR Part 70, incorporated by reference in Section 107.(3-28-23)

IDAPA 58.01.01.301 Requirement to Obtain Tier I Operating Permit

01.Prohibition. No owner or operator may operate any Tier I source without an effective Tier I PERMIT TO CONSTRUCT CATEGORYFEE General permit, no facility-specific requirements (Defined as a source category specific permit for which the Department has developed standard emission limitations, operating requirements, monitoring and recordkeeping requirements, and that require minimal engineering analysis. General permit facilities may include portable concrete batch plants, portable hot-mix asphalt plants and portable rock crushing plants.) $500 New source or modification to existing source with increase of emissions of less than one (1) ton per year $1,000 New source or modification to existing source with increase of emissions of one (1) to less than ten (10) tons per year $2,500 New source or modification to existing source with increase of emissions of ten (10) to less than one hundred (100) tons per year $5,000 Nonmajor new source or modification to existing source with increase of emissions of one hundred (100) tons per year or more $7,500 New major facility or major modification$10,000 Permit modifications where no engineering analysis is required$250 Application submittals for exemption applicability determinations, typographical errors, and name and ownership changes as described in Subsections 224.01, 224.02, 224.03 $0.00

02.Exceptions. No Tier I operating permit is required if the owner or operator is in compliance with Sections 311 through 315 and the Department has not taken final action on the application.(3-28-23)

IDAPA 58.01.01.302 Optional Tier I Operating Permit

Any facility listed in Section 301 not required to obtain a Tier I operating permit may opt to apply for a Tier I

IDAPA 58.01.01.303 (Reserved)

IDAPA 58.01.01.311 Standard Permit Applications

Sections 311 through 315 establish standard Tier I operating permit application procedures.(3-28-23)

IDAPA 58.01.01.312 Duty to Apply

For each Tier I source, the owner or operator mus t submit a timely and complete permit application in accordance with Sections 311 through 315.(3-28-23)

IDAPA 58.01.01.313 Timely Application

01.New Tier 1 Operating Permits. For sources that become Tier I sources located at a facility not previously authorized by a Tier I operating permit, the owner or operator of the Tier I source must submit to the Department a complete application for a Tier I operating permit within twelve (12) months after becoming a Tier I source or commencing operation, unless the Department provides written notification of an earlier date to the owner or operator.(3-28-23)

02.Renewals of Tier I Operating Permits. The owner or operator of the Tier I source must submit a complete application to the Department for a renewal of the Tier I operating permit at least six (6) months before, but no earlier than eighteen (18) months before, the expiration date of the existing Tier I operating permit. To ensure that the term of the operating permit does not expire before the permit is renewed, the owner or operator is encouraged to submit the application nine (9) months prior to expiration.(3-28-23)

03.Changes to Tier I Operating Permits. Sections 380 through 386 provide the requirements and procedures for changes at Tier I sources and to Tier I operating permits.(3-28-23)

IDAPA 58.01.01.314 Required Standard Application Form and Required Information

01.General Requirements.

a.Applications must be submitted on a form or forms provided by the Department or by other means specified by these rules or the Department. The application must be certified by the responsible official in accordance with Section 123.(3-28-23)

i.If the Tier I source is regulated under 42 U.S.C. Sections 7651 through 7651o, the owner or operator must also submit nationally standardized acid rain forms provided by EPA.(3-28-23)

b.All information must be in sufficient detail so that the Department may efficiently and effectively determine the applicability of requirements and make all other necessary evaluations and determinations. (3-28-23)

02.General Information for the Facility.(3-28-23)

a.Provide identifying information, including the name, address and telephone number of: (3-28-23)

i.The owner;(3-28-23)

ii.The operator;(3-28-23)

iii.The facility where the Tier I source is located;(3-28-23)

iv.The registered agent of the owner, if any;(3-28-23)

v.The registered agent of the operator, if any;(3-28-23)

vi.The responsible official, if other than the owner or operator; and(3-28-23)

vii.The contact person.(3-28-23)

b.Provide a general description of the processes used and products produced by the facility where the Tier I source is located, including any associated with each requested alternative operating scenario and trading scenario. The description must include narrative and applicable SIC codes.(3-28-23)

c.Provide a general description of each process line affecting a Tier I source.(3-28-23)

03.Specific Information for Each Emissions Unit. The owner or operator must provide, in an itemized format, all of the information identified in Subsections 314.04 through 314.11 for each emissions unit, unless the emissions unit is an insignificant activity.(3-28-23)

04.Emissions.(3-28-23)

a.Identify and describe all emissions of pollutants for which the source is major and all emissions of regulated air pollutants from each emissions unit. Fugitive emissions must be included in the application in the same manner as stack emissions, regardless of whether the source category is included in the list of sources contained in the definition of major facility (Section 008).(3-28-23)

b.Emissions rates must be quantified in tons per year (tpy) and in such additional terms as are necessary to determine compliance consistent with the applicable test method.(3-28-23)

c.Identify and describe all points of emissions in sufficient detail to establish the basis for fees and applicability of requirements of the Clean Air Act.(3-28-23)

d.To the extent it is needed to determine or regulate emissions, identify and quantify all fuels, fuel use, raw materials, production rates, and operating schedules.(3-28-23)

e.Identify and describe all air pollution control equipment and compliance monitoring devices or

f.Identify and describe all limitations on source operation or any work practice standards affecting emissions.(3-28-23)

g.Provide the calculations on which the information provided under Subsections 314.04.a. through 314.04.e. is based.(3-28-23)

05.Applicable Requirements.(3-28-23)

a.Cite and describe all applicable requirements affecting the emissions unit; and(3-28-23)

b.Describe or reference all methods required by each applicable requirement for determining the compliance status of the emissions unit with the applicable requirement, including any applicable monitoring, recordkeeping and reporting requirements or test methods.(3-28-23)

06.Other Requirements. Other specific information that may be necessary to determine the applicability of, implement or enforce any requirement of the Act, these rules, 42 U.S.C. Sections 7401 through 7671q or federal regulations.(3-28-23)

07.Proposed Determinations of Nonapplicability. Identify requirements for which the applicant seeks a determination of nonapplicability and provide an explanation of why the requirement is not applicable to the Tier I source.(3-28-23)

08.Alternative Operating Scenarios.(3-28-23)

a.Identify all requested alternative operating scenarios.(3-28-23)

b.Provide a detailed description of all requested alternative operating scenarios. Include all the information required by Section 314 that is relevant to the alternative operating scenario.(3-28-23)

09.Compliance Certifications.(3-28-23)

a.Provide a compliance certification regarding the compliance status of each emissions unit at the time the application is submitted to the Department that:(3-28-23)

i.Identifies all applicable requirements affecting each emissions unit.(3-28-23)

ii.Certifies the compliance status of each emissions unit with each of the applicable requirements.

iii.Provides a detailed description of the method(s) used for determining the compliance status of each emissions unit with each applicable requirement, including a description of any monitoring, recordkeeping, reporting and test methods that were used. Also provide a detailed description of the method(s) required for determining compliance.(3-28-23)

iv.Certifies the compliance status of the emissions unit with any applicable enhanced monitoring

v.Certifies the compliance status of the emissions unit with any applicable enhanced compliance certification requirements.(3-28-23)

vi.Provides all other information necessary to determining the compliance status of the emissions unit.

b.Provide a schedule for submission of compliance certifications during the term of the Tier I operating permit. The schedule must require compliance certifications to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the Department.(3-28-23)

10.Compliance Plans.(3-28-23)

a.Provide a compliance description as follows:(3-28-23)

i.For each applicable requirement with which the emissions unit is in compliance, state that the emissions unit will continue to comply with the applicable requirement.(3-28-23)

ii.For each applicable requirement that will become effective during the term of the Tier I operating permit that does not contain a more detailed schedule, state that the emissions unit will meet the applicable requirement on a timely basis.(3-28-23)

iii.For each applicable requirement that will become effective during the term of the Tier I operating permit that contains a more detailed schedule, state that the emissions unit will comply with the applicable requirement on the schedule provided in the applicable requirement.(3-28-23)

iv.For each applicable requirement with which the emission unit is not in compliance, state that the emi ssions unit will be in compliance with the applicable requirement by the time the Tier I operating permit is issued or provide a compliance schedule in accordance with Subsection 314.10.b.(3-28-23)

b.All compliance schedules must:(3-28-23)

i.Include a schedule of remedial measures leading to compliance, including an enforceable sequence of actions and specific dates for achieving milestones and achieving compliance.(3-28-23)

ii.Incorporate the terms and conditions of any applicable consent order, judicial order, judicial consent decree, administrative order, settlement agreement or judgment.(3-28-23)

iii.Be supplemental to, and not sanction noncompliance with, the applicable requirements on which it is based.(3-28-23)

c.Provide a schedule for submission to the Department of periodic progress reports no less frequently than every six (6) months or at a more frequent period if one (1) is specified in the underlying applicable requirement or by the Department.(3-28-23)

11.Trading Scenarios.(3-28-23)

a.Identify all requested trading scenarios authorized by Section 440.(3-28-23)

b.Provide a detailed description of all requested trading scenarios. Include all the information required by Section 314 that is relevant to the trading scenario and all the information required by Section 440, if applicable. Emissions trades must comply with all applicable requirements.(3-28-23)

c.Provide proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. Emissions trades involving emissions units for which the emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trade will not be approved.(3-28-23)

12.Additional Information. Provide additional information that the Department determines necessary to perform its functions efficiently and effectively. Such functions include, but are not limited to, determining the applicability of requirements for all regulated air pollutants, determining compliance with applicable requirements, developing or defining Tier I operating permit terms and conditions, defining all approved alternative operating scenarios, evaluating excess emissions procedures or making all necessary evaluations and determinations. (3-28-23)

IDAPA 58.01.01.315 Duty to Supplement or Correct Application

01.Failure to Submit.

Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application must, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information.(3-28-23)

02.Necessary Additional Information. If, while processing an application that has been determined or deemed to be complete, the Department determines that additional information is necessary to evaluate or take final action on that application, the Department may request such information in writing and set a deadline for a response. The applicant must submit the requested information on or before the deadline set by the Department.

03.Additional Information After Completeness. The applicant must promptly provide additional information as necessary to address any requirements that become applicable to the Tier I source after the date a complete application was filed but prior to release of a proposed action.(3-28-23)

IDAPA 58.01.01.316 Effect of Inaccurate Information in Applications or Failure to Submit

RELEV

ANT INFORMATION.

Notwithstanding the shield provisions of Section 325, the owner or op erator is subject to enforcement action for operation of the Tier I source without a Tier I operating permit if the owner or operator submitted an incomplete or inaccurate application or the Tier I source is later determined not to qualify for coverage under the conditions and terms of the Tier I operating permit.(3-28-23)

IDAPA 58.01.01.317 Insignificant Activities

01.Applicability Criteria. This Section contains the criteria for identifying insignificant activities for the purposes of the Tier I operating permit program. Notwithstanding any other provision of this rule, no emission unit or activity subject to an applicable requirement qualifies as an insignificant emission unit or activity. Applicants may not exclude from Tier I operating permit applications information that is needed to determine whether the facility is major or whether the facility is in compliance with applicable requirements.(3-28-23)

a.Presumptively insignificant emission units.(3-28-23)

i.Except as provided above, the activities listed in this section may be omitted from the permit (1)Blacksmith forges.(3-28-23)

(2)Mobile transport tanks on vehicles except for those containing asphalt and not including loading and unloading operations.(3-28-23)

(3)Natural gas pressure regulator vents, excluding venting at oil and gas production facilities.

(4)Storage tanks, reservoirs and pumping and handling equipment of any size, limited to soaps, lubricants, lubricating oil, treater oil, hydraulic fluid, vegetable oil, grease, animal fat, aqueous salt solutions or other materials and processes using appropriate lids and covers where there is no generation of objectionable odor or airborne particulate matter.(3-28-23)

(5)Pressurized storage of oxygen, nitrogen, carbon dioxide, air, or inert gases.(3-28-23)

(6)Storage of solid material, dust-free handling.(3-28-23)

(7)Boiler water treatment operations, not including cooling towers.(3-28-23)

(8)Vents from continuous emission monitors and other analyzers.(3-28-23)

(9)Vents from rooms, buildings and enclosures that contain permitted emissions units or activities from which local ventilation, controls, and separate exhaust are provided.(3-28-23)

(10)Internal combustion engines for propelling or powering a vehicle.(3-28-23)

(11)Recreational fireplaces including the use of barbecues, campfires and ceremonial fires.(3-28-23)

(12)Brazing, soldering, and welding equipment and cutting torches for use in cutting metal wherein components of the metal do not generate hazardous air pollutants or hazardous air pollutant precursors.(3-28-23)

(13)Atmospheric generators used in connection with metal heat treating processes using non-hazardous air pollutant metals as the primary raw material.(3-28-23)

(14)Non-hazardous air pollutant metal finishing or cleaning using tumblers.(3-28-23)

(15)Drop hammers or hydraulic presses for forging or metalworking.(3-28-23)

(16)Electrolytic deposition, used to deposit brass, bronze, copper, iron, tin, zinc, precious and other metals not listed as the parents of hazardous air pollutants.(3-28-23)

(17)Equipment used for surface coating, painting, dipping or spraying operations, except those that will emit volatile organic compound or hazardous air pollutant.(3-28-23)

(18)Process water filtration systems.(3-28-23)

(19)Portable electrical generators that can be moved by hand from one (1) location to another. Moved by hand means that it can be moved without the assistance of any motorized or non-motorized vehicle, conveyance, or device.(3-28-23)

(20)Plastic and resin curing equipment, excluding FRP and provided these activities are not related to the source’s primary business activity.(3-28-23)

(21)Extrusion equipment, metals, minerals, plastics, grain or wood used without solvents containing hazardous air pollutant.(3-28-23)

(22)Presses and vacuum forming, for curing rubber and plastic products or for laminating plastics without solvents containing hazardous air pollutants present.(3-28-23)

(23)Roller mills and calendars for use with rubber and plastics without solvents containing hazardous air pollutants.(3-28-23)

(24)Conveying and storage of plastic pellets.(3-28-23)

(25)Plastic compression, injection, and transfer molding and extrusion, rotocasting, pultrusion, blowmolding, excluding acrylics, PVC, polystyrene and related copolymers and the use of plasticizer. Only oxygen, carbon dioxide, nitrogen, air or inert gas allowed as blowing agent.(3-28-23)

(26)Plastic pipe welding.(3-28-23)

(27)Wax application in either a molten state or aqueous suspension.(3-28-23)

(28)Plant maintenance and upkeep including routine housekeeping, janitorial activities, cleaning and preservation of equipment, preparation for and painting of structures or equipment, retarring roofs, applying insulation to buildings in accordance with applicable environmental and health and safety requirements and lawn, landscaping and groundskeeping activities. Provided these activities are not conducted as part of a manufacturing process, are not related to the source’s primary business activity, and not otherwise triggering a permit modification.

(29)Agricultural activities on a facility’s property that are not subject to registration or new source review by the permitting authority.(3-28-23)

(30)Maintenance of paved streets and parking lots including paving, stripping, salting, sanding, cleaning and sweeping of streets and paved surfaces. Provided these activities are not related to the source’s primary business activity, do not otherwise trigger a permit modification, and fugitive emissions are reasonably controlled as required in Section 808.(3-28-23)

(31)Ultraviolet curing processes.(3-28-23)

(32)Hot melt adhesive application with no volatile organic compounds or hazardous air pollutants in the adhesive formula.(3-28-23)

(33)Laundering, dryers, extractors, tumblers for fabrics, using water solutions of bleach and/or detergents except for boilers.(3-28-23)

(34)Steam cleaning operations.(3-28-23)

(35)Steam sterilizers.(3-28-23)

(36)Food service activities including cafeterias, kitchen facilities and barbecues located at a source for providing food service on premises.(3-28-23)

(37)Portable drums and totes.(3-28-23)

(38)Fluorescent light tube and aerosol can crushing in units designed to reduce emissions from these (39)Flares used to indicate danger to the public.(3-28-23)

(40)General vehicle maintenance including vehicle exhaust from repair facilities provided these activities are not related to the source’s primary business activity and do not have applicable requirements under title VI of the Clean Air Act.(3-28-23)

(41)Comfort air conditioning or air-cooling systems, not used to remove air contaminants from specific equipment.(3-28-23)

(42)Natural draft hoods, natural draft stacks, or natural draft ventilators for sanitary and storm drains, safety valves, and storage tanks subject to size and service limitations expressed elsewhere in this section. (3-28-23)

(43)Natural and forced air vents for bathroom/toilet facilities.(3-28-23)

(44)Office activities.(3-28-23)

(45)Equipment used for quality control/assurance or inspection purposes, including sampling equipment used exclusively to withdraw materials for laboratory analyses and testing.(3-28-23)

(46)Fire suppression systems and similar safety equipment and equipment used to train firefighters including fire drill pits.(3-28-23)

(47)Materials and equipment used by, and activity related to operation of infirmary; infirmary is not the source’s business activity except equipment subject to 40 CFR Part 61 for radionuclides.(3-28-23)

(48)Satellite Accumulation Areas (SAAs) and Temporary Accumulation Areas (TAAs) managed in compliance with RCRA.(3-28-23)

(49)Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, shot blasting, sintering, or polishing: Ceramics, glass, leather, metals, plastics, rubber, concrete, paper stock, or wood provided that these activities are not conducted as part of a manufacturing process.

(50)Oxygen, nitrogen, or rare gas extraction and liquefaction equipment subject to other exemption limitation, e.g., internal and external combustion equipment.(3-28-23)

(51)Slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment.(3-28-23)

(52)Ozonation equipment.(3-28-23)

(53)Temporary construction activities at a facility provided that the installation or modification of emissions units must comply with all applicable federal, state, and local rules and regulations.(3-28-23)

(54)Batch loading and unloading of solid phase catalysts.(3-28-23)

(55)Pulse capacitors.(3-28-23)

(56)Gas cabinets using only gases that are not regulated air pollutants.(3-28-23)

(57)CO2 lasers, used only on metals and other materials that do not emit hazardous air pollutants in the process.(3-28-23)

(58)Structural changes not having air contaminant emissions.(3-28-23)

(59)Equipment used to mix, package, store and handle soaps, lubricants, vegetable oil, grease, animal fat, and non-volatile aqueous salt solutions, provided appropriate lids and covers are utilized.(3-28-23)

(60)Photographic process equipment by which an image is reproduced upon material sensitized to radiant energy, e.g., blueprint activity, photocopiers, mimeograph, telefax, photographic developing, and microfiche provided these activities are not related to the source’s primary business activity.(3-28-23)

(61)Pharmaceutical and cosmetics packaging equipment.(3-28-23)

(62)Paper trimmers/binders provided these activities are not related to the source’s primary business activity.(3-28-23)

(63)Bench-scale laboratory equipment and laboratory equipment used exclusively for physical or chemical analysis, including associated vacuum producing devices but excluding research and development facilities.

(64)Repair and maintenance shop activities not related to the source’s primary business activity.

(65)Handling equipment and associated activities for glass and aluminum which is destined for recycling, provided these activities are not related to the source’s primary business activity.(3-28-23)

(66)Hydraulic and hydrostatic testing equipment.(3-28-23)

(67)Batteries and battery charging stations, except at battery manufacturing plants.(3-28-23)

(68)Porcelain and vitreous enameling equipment.(3-28-23)

(69)Solid waste containers.(3-28-23)

(70)Salt baths using nonvolatile salts that do not result in emissions of any regulated air pollutants.

(71)Shock chambers.(3-28-23)

(72)Wire strippers.(3-28-23)

(73)Humidity chambers.(3-28-23)

(74)Solar simulators.(3-28-23)

(75)Environmental chambers not using hazardous air pollutant gases.(3-28-23)

(76)Totally enclosed conveyors not including transfer points.(3-28-23)

(77)Steam vents and safety relief valves.(3-28-23)

(78)Air compressors, pneumatically operated equipment, systems, and hand tools.(3-28-23)

(79)Steam leaks.(3-28-23)

(80)Boiler blow-down tank.(3-28-23)

(81)Salt cake mix tanks at pulp mills.(3-28-23)

(82)Digester chip feeders at pulp mills.(3-28-23)

(83)Weak liquor and filter tanks at pulp mills.(3-28-23)

(84)Process water and white water storage tanks at pulp mills.(3-28-23)

(85)Demineralizer water tanks, demineralization, demineralizer vents, and oxygen scavenging (deaeration) of water.(3-28-23)

(86)Clean condensate tanks.(3-28-23)

(87)Alum tanks.(3-28-23)

(88)Broke beaters, repulpers, pulp and repulping tanks, stock chests and pulp handling.(3-28-23)

(89)Lime and mud filtrate tanks.(3-28-23)

(90)Hydrogen peroxide tanks.(3-28-23)

(91)Lime mud washer.(3-28-23)

(92)Lime mud filter.(3-28-23)

(93)Hydro and liquor clarifiers or filters and storage tanks and associated pumping, piping, and handling.(3-28-23)

(94)Lime grits washers, filters, and handing.(3-28-23)

(95)Lime silos and feed bins.(3-28-23)

(96)Paper forming.(3-28-23)

(97)Starch cooking.(3-28-23)

(98)Pulp stock cleaning and screening.(3-28-23)

(99)Paper winders or other paper converting equipment.(3-28-23)

(100)Sludge dewatering and wet sludge handling.(3-28-23)

(101)Screw press vents.(3-28-23)

(102)Pond dredging.(3-28-23)

(103)Polymer tanks and storage devices and associated pumping and handling equipment, used for solids dewatering and flocculation.(3-28-23)

(104)Non-PCB oil filled circuit breakers, oil filled transformers and other equipment that is analogous to, but not considered to be, a tank.(3-28-23)

(105)Lab-scale electric or steam-heated drying ovens and autoclaves.(3-28-23)

(106)Sewer manholes, junction boxes, sumps and lift stations associated with wastewater treatment systems.(3-28-23)

(107)Water cooling towers processing exclusively noncontact cooling water.(3-28-23)

(108)Paper coating and sizing.(3-28-23)

(109)Process wastewater and ponds.(3-28-23)

(110)Outdoor firearms practice ranges.(3-28-23)

b.Insignificant activities on the basis of size or production rate.(3-28-23)

i.Units and activities listed in this section must be listed in the permit application. The following units and activities are determined to be insignificant based on their size or production rate:(3-28-23)

(1)Operation, loading and unloading of storage tanks and storage vessels, with lids or other appropriate closure and less than two hundred sixty (260) gallon capacity thirty five cubic feet (35cft), heated only to the minimum extend to avoid solidification if necessary.(3-28-23)

(2)Operation, loading and unloading of storage tanks, not greater than one thousand one hundred (1,100) gallon capacity, with lids or other appropriate closure, not for use with hazardous air pollutants, maximum (max.) vp five-hundred fifty (550) mm Hg.(3-28-23)

(3)Operation, loading and unloading of volatile organic compound storage tanks, ten thousand (10,000) gallons capacity or less, with lids or other appropriate closure, vp not greater than eighty (80) mm Hg at twenty-one (21) degrees C. Operation, loading and unloading of gasoline storage tanks, ten thousand (10,000) gallons capacity or less, with lids or other appropriate closure.(3-28-23)

(4)Operation, loading and unloading storage of butane, propane, or liquefied petroleum gas (LPG), storage tanks, vessel capacity under forty thousand (40,000) gallons.(3-28-23)

(5)Combustion source, less than five million (5,000,000) Btu/hr, exclusively using natural gas, butane, propane, and/or LPG.(3-28-23)

(6)Combustion source, less than five hundred thousand (500,000) Btu/hr, using any commercial fuel containing less than four-tenths percent (.4%) by weight sulfur for coal or less than one percent (1%) by weight sulfur for other fuels.(3-28-23)

(7)Combustion source, of less than one million (1,000,000) Btu/hr, if using kerosene, No. 1 or No. 2 fuel oil.(3-28-23)

(8)Combustion source, not greater than five hundred thousand (500,000) Btu/hr, if burning waste wood, wood waste or waste paper.(3-28-23)

(9)Welding using not more than one (1) ton per day of welding rod.(3-28-23)

(10)Foundry sand molds, unheated and using binders with less than twenty-five hundredths percent (.25%) free phenol by sand weight.(3-28-23)

(11)“Parylene” coaters using less than five hundred (500) gallons of coating per year.(3-28-23)

(12)Printing and silkscreening, using less than two (2) gallon/day of any combination of the following:

Inks, coatings, adhesives, fountain solutions, thinners, retarders, or nonaqueous cleaning solutions.(3-28-23)

(13)Water cooling towers and ponds, not using chromium-based corrosion inhibitors, not used with barometric jets or condensers, not greater than ten thousand (10,000) gpm, not in direct contact with gaseous or liquid process streams containing regulated air pollutants.(3-28-23)

(14)Combustion turbines, of less than five hundred (500) HP.(3-28-23)

(15)Batch solvent distillation, not greater than fifty-five (55) gallons batch capacity.(3-28-23)

(16)Municipal and industrial water chlorination facilities of not greater than twenty million (20,000,000) gallons per day capacity. The exemption does not apply to wastewater treatment.(3-28-23)

(17)Surface coating, using less than two (2) gallons per day.(3-28-23)

(18)Space heaters and hot water heaters using natural gas, propane or kerosene and generating less than five million (5,000,000) Btu/hr.(3-28-23)

(19)Tanks, vessels, and pumping equipment, with lids or other appropriate closure for storage or dispensing of aqueous solutions of inorganic salts, bases and acids excluding:(3-28-23)

(a)Ninety-nine percent (99%) or greater H2SO4 or H3PO4.(3-28-23)

(b)Seventy percent (70%) or greater HNO3.(3-28-23)

(c)Thirty percent (30%) or greater HC1.(3-28-23)

(d)More than one (1) liquid phase where the top phase is more than one percent (1%) volatile organic compounds.(3-28-23)

(20)Equipment used exclusively to pump, load, unload, or store high boiling point organic material, material with initial boiling point (IBP) not less than one hundred fifty (150) degrees C or vapor pressure (vp) not more than five (5) mm Hg at twenty-one (21) degrees C with lids or other appropriate closure.(3-28-23)

(21)Smokehouses under twenty (20) square feet.(3-28-23)

(22)Milling and grinding activities, using paste-form compounds with less than one percent (1%) volatile organic compounds.(3-28-23)

(23)Rolling, forging, drawing, stamping, shearing, or spinning hot or cold metals.(3-28-23)

(24)Dip-coating operations, using materials with less than one percent (1%) volatile organic compounds.(3-28-23)

(25)Surface coating, aqueous solution or suspension containing less than one percent (1%) volatile organic compounds.(3-28-23)

(26)Cleaning and stripping activities and equipment, using solutions having less than one percent (1%) volatile organic compounds by weight. On metallic substrates, acid solutions are not considered for listing as insignificant.(3-28-23)

(27)Storage and handling of water-based lubricants for metal working where the organic content of the lubricant is less than ten percent (10%).(3-28-23)

(28)Municipal and industrial wastewater chlorination facilities of not greater than one million (1,000,000) gallons per day capacity.(3-28-23)

(29)Domestic sewage treatment ponds with average flowrates less than four hundred (400) gpm or treating waste from less than three thousand (3000) people from non-residential sources.(3-28-23)

(30)An emission unit or activity with potential emissions less than or equal to the significant emission rate as defined in Section 006 and actual emissions less than or equal to ten percent (10%) of the levels contained in Section 006 of the definition of significant and no more than one (1) ton per year of any hazardous air pollutant.

IDAPA 58.01.01.318 (Reserved)

IDAPA 58.01.01.322 Standard Contents of Tier I Operating Permits

All Tier I operating permits must contain and the Department has the authority to impose, implement and enforce, the fo llowing elements for all permitted operating scenarios and emissions trading scenarios. Fugitive emissions must be included in the Tier I operating permit in the same manner as stack emissions. All Tier 1 operating permits must:

01.Emission Limitations and Standards. Contain emission limitations and standards, including, but not limited to, those operational requirements and limitations that assure compliance with the applicable requirements identified in the application, or determined by the Department to be applicable to the source;(3-28-23)

02.Authority for and Form of Terms and Conditions. Specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based;(3-28-23)

03.Terms or Conditions for Applicable Requirements. Contain at least one (1) permit term or condition for every applicable requirement specifically identified in the application or determined by the Department to be applicable to the source;(3-28-23)

04.Alternative Operating Scenarios. Contain terms and conditions to ensure compliance with all applicable requirements for each alternative operating scenario that was requested by the applicant and approved by the Department, including, but not limited to, a requirement that the owner or operator of the source, contemporaneously with making a change from one (1) operating scenario to another, record the change in an operating scenario log located and retained at the permitted facility;(3-28-23)

05.Trading Scenarios.(3-28-23)

a.Contain terms and conditions for each trading scenario that was requested by the applicant and approved by the Department including, but not limited to, terms and conditions that ensure that any emission trade is quantifiable, accountable, enforceable and based on replicable procedures.(3-28-23)

b.State that no permit revision is required under approved economic incentives, marketable permits, emissions trading, and other similar programs or processes for changes that are provided for in the permit; and

c.At a minimum, include a requirement that the owner or operator of the source, contemporaneously with making a change from one (1) trading scenario to another, record the change in a trading scenario log located and retained at the permitted facility and provide notice to the Department in accordance with Section 383; (3-28-23)

06.Monitoring. Contain the following with respect to monitoring: (3-28-23)

a.Sufficient monitoring to ensure compliance with all of the terms and conditions of the Tier I operating permit;(3-28-23)

b.All emissions monitoring and analysis procedures or test methods required under the applicable requirements;(3-28-23)

c.If the applicable requirement does not require specific periodic testing or monitoring, terms and conditions requiring periodic monitoring, recordkeeping, or both, that is sufficient to yield reliable data for the rel evant time periods that are representative of the emissions unit's compliance with the Tier I operating permit, as reported pursuant to Subsection 322.08, and ensuring the use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement; and(3-28-23)

d.Requirements that the Department determines are necessary, concerning the use, maintenance and installation of monitoring equipment or methods;(3-28-23)

07.Recordkeeping. Incorporate by reference all applicable recordkeeping requirements and require the following:(3-28-23)

a.Sufficient recordkeeping to assure compliance with all the terms and conditions of the Tier I operating permit;(3-28-23)

b.Recording of monitoring information including but not limited to:(3-28-23)

i.The date, place (as defined in the Tier I operating permit) and time of sampling or measurements;

ii.The date(s) analyses were performed;(3-28-23)

iii.The company or entity that performed the analyses;(3-28-23)

iv.The analytical techniques or methods used;(3-28-23)

v.The results of such analyses; and(3-28-23)

vi.The operating conditions existing at the time of sampling or measurement; and(3-28-23)

c.Retention of all monitoring records and support information for a period of at least five (5) years from the date of the monitoring sample, measurement, report or application. Supporting information includes but is not limited to all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation and copies of all reports required by the Tier I operating permit;(3-28-23)

08.Reporting. Incorporate by reference all applicable reporting requirements and require the

a.Sufficient reporting to assure compliance with all of the terms and conditions of the Tier I operating permit;(3-28-23)

b.Prompt reporting of deviations from permit requirements including, but not limited to, those attributable to excess emissions. If the deviation is an excess emission, the report must be submitted in accordance with the requirements of Sections 130 through 136. For all other deviations, the report must be submitted in accordance with Subsection 322.08.c. unless the permit specifies another time frame. The reports must describe the probable cause of such deviations and any corrective actions or preventative measures taken; and(3-28-23)

c.Submittal of reports for any required monitoring at least every six (6) months. All instances of deviations from Tier I operating permit requirements, which include monitoring, recordkeeping, and reporting, must be clearly identified in such reports. All required reports must be certified in accordance with Section 123; (3-28-23)

09.Testing. Contain terms and conditions requiring sufficient testing to assure compliance with all of the terms and conditions of the Tier I operating permit;(3-28-23)

10.Compliance Schedule and Progress Reports. Contain terms and conditions regarding the compliance plan submitted in the application in accordance with Subsection 314.10 including:(3-28-23)

a.For each applicable requirement for which the source is not in compliance at the time of the permit issuance, terms and conditions consistent with the compliance schedule submitted by the applicant including all of the fo llowing:(3-28-23)

i.A schedule of remedial measures leading to compliance including an enforceable sequence of actions and specific dates for achieving the milestones and achieving compliance;(3-28-23)

ii.A requirement that the permittee submit periodic progress reports to the Department no less frequently than every six (6) months or at a more frequent period if one is specified in the underlying applicable requirement or by the Department;(3-28-23)

iii.A requirement that any progress report must include a statement of when the milestones and compliance were or will be achieved, an explanation of why any dates in the compliance schedule submitted by the applicant or in the terms or conditions of the Tier I operating permit were not or will not be met and a detailed description of any preventative or corrective measures undertaken by the permittee;(3-28-23)

iv.All terms and conditions of any applicable consent order, judicial order, judicial consent decree, administrative order, settlement agreement or judgment; and(3-28-23)

v.A statement that the terms and conditions regarding the compliance schedule are supplemental to, and do not sanction noncompliance with, the underlying applicable requirement;(3-28-23)

b.For each applicable requirement that will become effective during the term of the Tier I operating permit and that requires a detailed compliance schedule, the permit must include such compliance schedule; and

c.For each applicable requirement that will become effective during the term of the Tier I operating permit that does not require a detailed compliance schedule, the permit must include a statement that the permittee must meet, on a timely basis, all such applicable requirements;(3-28-23)

11.Periodic Compliance Certifications. Require submittal of compliance certifications during the term of the permit for each emissions unit to the Department and the EPA as follows:(3-28-23)

a.Compliance certifications for all emissions units must be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the Department;(3-28-23)

b.The compliance certification for each emissions unit must address all the terms and conditions contained in the Tier I operating permit that are applicable to such emissions unit including emissions limitations, standards and work practices;(3-28-23)

c.The compliance certification must be in an itemized format providing:(3-28-23)

i.The identification of each term or condition of the Tier I operating permit that is the basis of the certification;(3-28-23)

ii.The identification of the method(s) or other means used by the owner or operator for determining the compliance status with each term and condition during the certification period. Such methods and other means must include, at a minimum, the methods and means required under Subsections 322.06, 322.07, and 322.08;

iii.The status of compliance with the terms and conditions of the Tier I operating permit for the period covered by the certification, including whether compliance during the period was continuous or intermittent. The certification must be based on the method or means designated in Subsection 322.11.c.ii. above, identify each deviation and take it into account in the compliance certification, and also identify as possible exceptions to compliance any periods during which compliance is required and in which an excursion or exceedance as defined under 40 CFR Part 64 occurred; and(3-28-23)

iv.Such information as the Department may require to determine the compliance status of the emissions unit; and(3-28-23) d.

All original compliance certi fications must be submitted to the Department and a copy of all compliance certifications submitted to the EPA;(3-28-23)

12.Permit Conditions Regarding Acid Rain Allowances. Include all requirements for acid rain allowances.(3-28-23)

a.A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds.

b.No limit is placed on the number of allowances held by the source and no permit revisions are required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a permit revision under any other applicable requirement.(3-28-23)

c.The source may not use allowances as a defense to noncompliance with any other applicable requirement.(3-28-23)

d.Any such allowance must be accounted for according to the procedures established in 40 CFR Part 72 and 40 CFR Part 73;(3-28-23)

13.Permit Duration. State that it is effective for a fixed term of five (5) years;(3-28-23)

14.Other Specific Requirements. Include any terms or conditions determined by the Department to be necessary for approval of the Tier I operating permit; and(3-28-23)

15.General Requirements. Contain provisions stating:(3-28-23)

a.The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action; for permit revocation, termination, revocation and reissuance, or revision; or for denial of a permit renewal application;(3-28-23)

b.It is not a defense in an enforcement action that it would have been necessary to halt or reduce any activity in order to maintain compliance with the terms and conditions of this permit;(3-28-23)

c.This permit may be revised, revoked, reopened and reissued, or terminated for cause;(3-28-23)

d.The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition;

e.This permit does not convey any property rights of any sort, or any exclusive privilege; (3-28-23)

f.The permittee must furnish all information requested by the Department, within a reasonable time, that the Department may request in writing to determine whether cause exists for modifying, revoking and reissuing or terminating the permit or to determine compliance with the permit;(3-28-23)

g.Upon request, the permittee must furnish to the Department copies of records required to be kept by this permit;(3-28-23)

h.The provisions of this permit are severable, and if any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit is not affected thereby;(3-28-23)

i.The permittee must comply with Sections 380 through 386 as applicable;(3-28-23)

j.Unless specifically identified as a “State Only” provision, all terms and conditions in the permit, including any terms and conditions designed to limit a source's potential to emit, are enforceable:(3-28-23)

i.By the Department in accordance with State law; and(3-28-23)

ii.By the United States or any other person in accordance with Federal law;(3-28-23)

k.Provisions specifically identified as a “State Only” provision are enforceable only in accordance with State law. “State Only” provisions are those that are not required under the Federal Clean Air Act or under any of its applicable requirements or those provisions adopted by the State prior to federal approval;(3-28-23)

l.Upon presentation of credentials, the permittee must allow the Department or an authorized representative of the Department to do the following:(3-28-23)

i.Enter upon the permittee's premises where a Tier I source is located or emissions-related activity is conducted, or where records are kept under the conditions of this permit;(3-28-23)

ii.Have access to and copy, at reasonable times, any records that are kept under the conditions of this permit;(3-28-23)

iii.Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under this permit; and(3-28-23)

iv.Sample or monitor at reasonable times substances or parameters for the purpose of determining or ensuring compliance with this permit or applicable requirements;(3-28-23)

m.Nothing in this permit alters or affects the following:(3-28-23)

i.Any administrative authority or judicial remedy available to prevent or terminate emergencies or imminent and substantial dangers;(3-28-23)

ii.The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance;(3-28-23)

iii.The applicable requirements of the acid rain program, consistent with 42 U.S.C. Section 7651g(a);

iv.The owner or operator's duty to provide information;(3-28-23)

n.The owner or operator of a Tier I source must pay registration fees to the Department in accordance with Sections 387 through 397, which are hereby incorporated by reference;(3-28-23)

o.All documents submitted to the Department must be certified in accordance with Section 123;

p.If a timely and complete application for a Tier I operating permit renewal is submitted, but the Department fails to issue or deny the renewal permit before the end of the term of the previous permit, then all the terms and conditions of the previous permit including any permit shield that may have been granted pursuant to Section 325 remains in effect until the renewal permit has been issued or denied; and(3-28-23)

q.The permittee must promptly report deviations from permit requirements including, but not limited to, those attributable to excess emissions. If the deviation is an excess emission, the report must be submitted in accordance with the requirements of Sections 130 through 136. For all other deviations, the report must be submitted in accordance with Subsection 322.08.c. unless the permit specifies another time frame. The reports must describe the probable cause of such deviations and any corrective actions or preventative measures taken.(3-28-23)

IDAPA 58.01.01.323 (Reserved)

IDAPA 58.01.01.325 Additional Contents of Tier I Operating Permits -- Permit Shield

Each Tier I operating permit will include provisions stating:(3-28-23)

General Permit Shield. Compliance with the terms and conditions of the Tier I operating permit, including those applicable to all alternative operating scenarios and trading scenarios, will be deemed compliance with all of the following:(3-28-23)

a.Applicable requirements as of the date of permit issuance that are specifically identified in the Tier I operating permit and have a corresponding term or condition in the Tier I operating permit.(3-28-23)

b.Non-applicable requirements. For a requirement to be a non-applicable requirement, all of the following criteria must be met:(3-28-23)

i.The permittee must have provided the information required by Subsection 314.08.b. in the

ii.The requirement must be specifically identified in the Tier I operating permit as a non-applicable requirement.(3-28-23)

iii.The requirement must have been determined by the Department, in writing and in acting on the permit application or revision, to not be applicable to the Tier I source.(3-28-23)

iv.Tier I operating permit must include the Department's determination or a concise summary thereof.

02.Limitation on Permit Shield. Permit revisions and other actions authorized by Sections 300 through 386 may eliminate, modify or suspend the permit shield.(3-28-23)

IDAPA 58.01.01.326 (Reserved)

IDAPA 58.01.01.335 General Tier I Operating Permits and Authorizations to Operate

01.Issuance of General Tier I Operating Permits.

The Department may, after notice and opportunity for public participation provided in accordance with Section 364, issue a general Tier I operating permit covering numerous similar sources.(3-28-23)

02.Contents of General Tier I Operating Permits. Each general Tier I operating permit will:

a.Include all terms and conditions identified in Sections 322 and 325.(3-28-23)

b.Include specific criteria by which sources may qualify for coverage under the general Tier I operating permit; and(3-28-23)

c.May provide for applications that deviate from the requirements of Sections 311 through 315, provided that such applications meet all other requirements of 42 U.S.C. 7661 through 7661f and include all information necessary to determine qualification for, and to ensure compliance with, the general Tier I operating permit.(3-28-23)

03.Applications for Authorizations to Operate. The owner or operator of a Tier I source may apply for an authorization to operate under the terms and conditions of a general Tier I operating permit by:(3-28-23)

a.Stating in the application submitted pursuant to Sections 311 through 315 that the owner or operator has determined that the Tier I source qualifies for coverage under a specifically identified general Tier I operating permit and that the owner or operator requests that operations of the Tier I source be authorized under a specifically identified general Tier I operating permit; or(3-28-23)

b.Complying with the specific application requirements, if any, provided in the general Tier I

04.Procedures for Issuing Authorizations to Operate. Without repeating the public participation procedures required under Section 364, the Department will issue an authorization to operate a Tier I source under a specifically identified general Tier I operating permit if the Department determines that the Tier I source qualifies for coverage.(3-28-23)

05.Review of Authorizations to Operate. The issuance of an authorization to operate is a final agency action for purposes of administrative and judicial review of the authorization. The general Tier I operating permit is not subject to administrative or judicial review upon the issuance of an authorization to operate. (3-28-23)

06.Phase II Sources. General Tier I operating permits are not authorized for Phase II sources under the acid rain program unless otherwise provided in 40 CFR Part 72.(3-28-23)

IDAPA 58.01.01.336 Tier I Operating Permits for Tier I Portable Sources

01.Portable Tier I Source Permit Issuance.

a.The Department may issue a single Tier I operating permit authorizing emissions from similar operations of a portable Tier I source by the owner or operator at multiple temporary locations.(3-28-23)

b.The operation must be temporary and involve at least one (1) change of location for the portable Tier I source during the term of the Tier I operating permit.(3-28-23)

02.Phase II Sources. No Phase II source may be permitted as a portable Tier I source.(3-28-23)

03.Portable Tier I Source Permit Content. Tier I operating permits for portable Tier I sources will include the following:(3-28-23)

a.Terms and conditions that will ensure compliance with all applicable requirements at all authorized locations;(3-28-23)

b.Requirements that the owner or operator notify the Department at least ten (10) days in advance of each change in location in accordance with Section 500; and(3-28-23)

c.All terms and conditions identified in Sections 322,325, and 332.(3-28-23)

IDAPA 58.01.01.337 (Reserved)

IDAPA 58.01.01.360 Standard Processing of Tier I Operating Permit Applications

Sections 360 through 369 establish standard procedures and requirements for processing Tier I operating permits.

IDAPA 58.01.01.361 Completeness of Applications

01.Criteria. Except as otherwise provided by these rules, the application must comply with Section 314 including that the information must be in sufficient detail.(3-28-23)

02.Timelines for Completeness Determinations. The Department will send written notice to the applicant of whether the application is complete within sixty (60) days of receiving the application and, if the Department fails to send the written notice, the application will be deemed complete.(3-28-23)

03.Effects of Completeness Determination.(3-28-23)

a.The submittal of a complete application activates the application shield provided by Subsection

IDAPA 58.01.01.369 02.(3-28-23)

b.The submittal of a complete Tier I operating permit application does not affect the permit to construct requirements of Sections 200 through 225 or 42 U.S.C. Sections 7401 through 7515.(3-28-23)

c.The timelines for final agency action provided in Subsections 367.02 and 367.03 begin on the date of the completeness determination.(3-28-23)

IDAPA 58.01.01.362 Statement of Basis for Tier I Operating Permits

01.Statement of Basis for Draft Permit. As part of its review of the Tier I operating permit application, the Department will prepare a statement of basis that sets forth the legal and factual basis for the draft Tier I operating permit terms and conditions (including references to the applicable statutory or regulatory provisions) or the draft denial.(3-28-23)

02.Revised Statement of Basis for Proposed Permit. If the Department revises its analysis, its conclusions or the terms or conditions of the Tier I operating permit in response to public comment, the Department may revise the statement of basis for the proposed permit or the proposed denial.(3-28-23)

03.Release of Statement of Basis. The statement of basis will be made available to the public in accordance with Section 364 and sent to the EPA with the proposed Tier I operating permit or proposed denial.

IDAPA 58.01.01.363 Preparation of Draft Permit or Draft Denial

Except as otherwise provided in these rules, the Department will prepare a draft p ermit or draft denial as promptly as practicable or one hundred twenty (120) days before the deadline for final action, whichever is earlier.(3-28-23)

IDAPA 58.01.01.364 Public Notices, Comments and Hearings

01.Generally. Except as othe rwise provided in these rules, all Tier I operating permit proceedings will provide for public notice and public comment, including offering an opportunity for a hearing, on a draft permit or on a draft denial.(3-28-23)

02.Public Comment Package. A public comment package including the draft permit or draft denial, the technical memorandum and the application will be prepared and distributed to appropriate public locations, the applicant and affected States.(3-28-23)

03.Giving Notice. Notice will be given: by publication in a newspaper of general circulation in the area where the Tier I source is located or in a State publication designed to give general public notice; by mailing the notice to persons on a mailing list developed by the Department, including those who request in writing to be on the list; by mailing the notice to all affected States; and by other means if necessary to ensure adequate notice to the affected public.(3-28-23)

04.Content of the Notice. The notice will identify the affected facility; provide the name and address of the permittee; provide the name and address of the Department processing the application; identify the draft permit action; identify the emissions change if the permit action is a permit revision or reopening; provide the locations where the public may locate a copy of the public comment package; provide the name, address, email address, and telephone number of a person from whom interested persons may obtain additional information that is relevant to the permit decision by filing a written public documents request and paying any costs; provide a brief description of the comment procedures, including the deadline for comments and the name and address of the person to whom written comments must be delivered; and state the time and place of any hearing that has been scheduled or provide information regarding how a person may request a hearing.(3-28-23)

05.Public Comment Procedures.(3-28-23)

a.The Department will provide at least thirty (30) days for public comment.(3-28-23)

b.The Department will give notice of any public hearing at least thirty (30) days in advance of the hearing.(3-28-23)

c.The public hearing, if any, is an informal meeting, conducted by a hearing officer designated by the Department and transcribed. Written comments or supporting documents may be submitted during the hearing.

d.The public comments and additional information received during the comment period are available to the public upon the filing of a written public documents request and the payment of any costs.(3-28-23)

IDAPA 58.01.01.365 Preparation of Proposed Permit or Proposed Denial

01.Timeline. Except as otherwise provided by these rules, the Department will prepare a proposed permit or proposed denial within thirty (30) days after the close of the public comment period, unless the Department determines that additional time is required to evaluate comments and information received.(3-28-23)

02.Availability. The proposed permit or proposed denial will be available to the public upon the filing a written public documents request and the payment of any costs.(3-28-23)

03.Notice to Affected States. If the Department refuses to accept all recommendations that an affected State submitted during the public comment period, the Department will send a copy of the notice sent to EPA in accordance with Subsection 366.01.d. to the affected State that submitted the recommendation.(3-28-23)

IDAPA 58.01.01.366 Epa Review Procedures

01.Submittal of Proposal to EPA. Excep t as otherwise provided in these rules and unless EPA waives its opportunity to review a proposed permit, the Department will transmit the following to EPA:(3-28-23)

a.The proposed permit or proposed denial.(3-28-23)

b.The statement of basis, as revised if appropriate.(3-28-23)

c.The application including all supplements and corrections submitted by the applicant, unless the applicant has submitted the information under a claim of confidentiality or unless the Department has entered an agreement with EPA to submit only a summary form and relevant portions of the permit application.(3-28-23)

d.Notice of any refusal by the Department to accept all recommendations for the proposal that any affected State submitted during the public comment period. The notice will include the Department's reasons for not accepting any such recommendation. The Department is not required to accept recommendations that are not based on applicable requirements.(3-28-23)

02.Opportunity for EPA Objection.(3-28-23)

a.EPA may submit to the Department a written objection to the proposal within forty-five (45) days of receipt of the transmittal identified in Subsection 366.01.(3-28-23)

b.The written objection must state the EPA's reasons for the objection and provide the terms and conditions that the Tier I operating permit must include to respond to the objection or state that the permit must be denied.(3-28-23)

c.EPA must provide a copy of the written objection to the applicant.(3-28-23)

03.Response to EPA Objections. Within ninety (90) days of receiving a written objection from EPA, the Department will prepare a revised proposal and submit it to EPA in accordance with Subsection 366.01. If EPA determines that the revised proposal is objectionable, the Department will review the permit action taken by EPA and take a comparable final permit action in accordance with Section 367.(3-28-23)

04.Public Petitions to EPA.(3-28-23)

a.If the EPA does not object in writing under Subsection 366.02, any person may petition the EPA within sixty (60) days after the expiration of the EPA's forty-five (45) day review period to make such objection.

b.Any such petition must be based only on objections to the draft permit or draft denial that were raised with specificity during the public comment period provided for in Section 364 unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period.(3-28-23)

c.If the EPA objects to the proposal in accordance with Subsection 366.02 as a result of a petition filed under Subsections 366.04.a. and 366.04.b., the Department will:(3-28-23)

i.Not issue a permit action until EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a Tier I operating permit or its requirements pending EPA's review of the petition and Department review of the objection if the Tier I operating permit was issued by the Department after the end of the forty-five (45) day review period and prior to an EPA objection initiated by a petition.(3-28-23)

ii.Process the objection in accordance with Subsection 366.03.(3-28-23)

IDAPA 58.01.01.367 Action on Application

01.Issuance Conditions. Except as othe rwise provided by these rules, a Tier I operating permit, or any portion thereof, may be issued only if all of the following conditions have been met:(3-28-23)

a.The owner or operator has submitted a complete application in accordance with Section 361.

b.The public has been provided notice and opportunities for comment and a hearing in accordance with Section 364.(3-28-23)

c.Affected States have been provided notice in accordance with Section 364 and Subsection 365.03.

d.The terms and conditions of the Tier I operating permit comply with Sections 321 through 336 including providing for compliance with all applicable requirements.(3-28-23)

e.The EPA has been provided with the proposal and an opportunity to object and the Department has responded as required by Section 366.(3-28-23)

02.Copy to EPA. The Department will send a copy of the final Tier I operating permit to EPA.

03.Original to Permittee. The Department will send the original Tier I operating permit to the permittee.(3-28-23)

IDAPA 58.01.01.368 Expiration of Preceding Permits

If a timely and complete Tier I permit application is received by the Department and is not acted upon in a timely manner as prescribed by these rules, the permit to construct, Tier I operating permit or Tier II operating permit, if any, that has been previously issued to the owner or operator of the Tier I source by the Department or EPA continues in full force until the Department has completed action of the permit application. No Tier I operating permit will be considered to have expired due solely to the Department's inaction on a timely Tier I operating permit application.

IDAPA 58.01.01.369 Tier I Operating Permit Renewal

01.Renewal Procedures.

Tier I operating permits being renewed are subject to the same procedural requirements, including those for public participation, including affected State review, and EPA review, that apply to initial Tier I operating permit issuance.(3-28-23)

02.Expiration and Renewal Application Shield. Tier I operating permit expiration terminates the source's right to operate unless a timely and complete renewal application has been submitted.(3-28-23)

IDAPA 58.01.01.370 (Reserved)

IDAPA 58.01.01.380 Changes to Tier I Operating Permits

01.Applicability. Sect ions 380 through 397 establish procedures and requirements for permit revisions and changes requiring notice. These provisions do not alter the requirements for permits to construct set forth at Sections 200 through 227.(3-28-23)

02.Changes Requiring Permit Revisions. Sections 381 through 383 establish procedures and requirements for Tier I operating permit revisions. A permit revision is required for changes that are not addressed or prohibited by the Tier I operating permit if such changes are subject to any requirements under Title IV of the Clean Air Act or are modifications under any provision of Title I of the Clean Air Act.(3-28-23)

03.Changes Requiring Notice. Sections 384 and 385 establish procedures and requirements for providing notice by the permittee to the Department and EPA of certain emission trades and changes that contravene a permit term (Section 384), or certain changes that are not addressed or prohibited by the permit (Section 385).

04.Reopening. Section 386 establishes procedures for reopening the permit for cause by the Department, EPA, or the permittee.(3-28-23)

05.Acid Rain. Changes regulated under Title IV of the Clean Air Act, 42 U.S.C. Sections 7651 through 7651o, are governed by regulations promulgated under Title IV of the Act.(3-28-23)

IDAPA 58.01.01.381 Administrative Permit Amendments

01.Criteria.

An administrative permit amendment is a permit revision that:(3-28-23)

a.Corrects typographical errors;(3-28-23)

b.Identifies a change in the name, address, or phone number of any person identified in the Tier I operating permit, or provides a similar minor administrative change at the Tier I source;(3-28-23)

c.Requires more frequent monitoring or reporting by the permittee;(3-28-23)

d.Allows for a change in ownership or operational control of a Tier I source where the Department determines that no other change in the Tier I operating permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Department;(3-28-23)

e.Incorporates into the Tier I operating permit the requirements from a permit to construct that was issued by the Department in accordance with Subsection 209.05.c.; or(3-28-23)

f.Is any other type of change that EPA and the Department have determined as part of the Part 70 program to be similar to those in Subsections 381.01.a. through 381.01.d.(3-28-23)

02.Administrative Permit Amendment Application Procedures.(3-28-23)

a.If initiated by the permittee, the permittee must submit a request to the Department that: (3-28-23)

i.States at the beginning of the request that it is a “REQUEST FOR ADMINISTRATIVE PERMIT AMENDMENT.”(3-28-23)

ii.Describes the proposed administrative permit amendment including any permit to construct to be incorporated;(3-28-23)

iii.States the date on which the proposed administrative amendment will occur at the facility;

iv.Identifies any Tier I operating permit term or condition that is no longer applicable as a result of the change; and(3-28-23)

v.Identifies any applicable requirement that would apply to the Tier I source as a result of the change.

b.If initiated by the Department, the Department will notify the permittee that the Department is initiating an administrative permit amendment and provide a brief summary of the proposed administrative permit amendment including all of the information required by Subsection 381.02.a.i. through 381.02.a.v.(3-28-23)

c.The Department will, within sixty (60) days of the receipt of a request for an administrative permit amendment, take final action on the request and may incorporate such changes without providing notice to the public or affected States provided that the Department designates any such administrative permit amendment as having been made pursuant to Section 381. The Department will submit a copy of the revised permit, or an addendum, to the EPA and send the original to the permittee.(3-28-23)

03.Implementation Procedures.(3-28-23)

a.The permittee may implement the changes addressed in the request for an administrative permit amendment under Subsections 381.01.a. through 381.01.f. immediately upon submittal of the request.(3-28-23)

b.If the permittee obtains a permit to construct under Subsection 209.04.c., then so long as the change does not violate any terms or conditions of the existing Tier I operating permit, the permittee may operate the source described in the permit to construct immediately upon submittal of the request for an administrative permit amendment.(3-28-23)

04.Permit Shield. Upon final action by the Department, the permit shield described in Section 325 extends only to administrative permit amendments identified in Subsection 381.01.e.(3-28-23)

IDAPA 58.01.01.382 Significant Permit Modification

01.Criteria. Sig nificant modification procedures are used for applications requesting permit revisions that do not qualify as minor permit modifications or as administrative amendments. Nothing herein will be construed to preclude the permittee from making changes consistent with this chapter that would render existing permit compliance terms and conditions irrelevant. A significant permit modification is a permit revision for changes that:

a.Violate an existing Tier I permit term or condition derived from an applicable requirement;

b.Involve significant changes to existing monitoring, reporting or recordkeeping requirements in the permit. Every significant change in existing monitoring terms or conditions (except more frequent monitoring or reporting under Subsection 381.01.c.) and every relaxation of reporting or recordkeeping terms or conditions is considered significant;(3-28-23)

c.Require or change a case-by-case determination of an emission limitation or other standard; a source-specific determination for temporary sources of ambient impacts; or a visibility or increment analysis;

d.Seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include, but are not limited to, an enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the Clean Air Act or an alternative emissions limit for an early reduction of hazardous air pollutants that was approved pursuant to regulations promulgated under 42 U.S.C. Section 7412(i)(5) of the Clean Air Act;(3-28-23)

e.Constitute a modification under any provision of Title I of the Clean Air Act; or(3-28-23)

f.Could be processed as an administrative amendment or as a minor modification, except the permittee has requested the change be processed as a significant modification, including incorporating the requirements of a permit to construct that was issued by the Department in accordance with Subsection 209.04.a.

02.Significant Permit Modification Application Procedures. A permittee may initiate a significant permit modification by submitting a complete significant permit modification application to the Department. The application must:(3-28-23)

a.Request the use of significant permit modification procedures and state at the beginning of the request that it is a “REQUEST FOR SIGNIFICANT PERMIT MODIFICATION”;(3-28-23)

b.Meet the standard application requirements of Sections 314 and 315;(3-28-23)

c.Provide a summary sheet;(3-28-23)

i.Describing the proposed significant permit modification;(3-28-23)

ii.Describing and quantifying any change in emissions resulting from the significant permit modification including, but not limited to, an identification of any new regulated air pollutant(s) that will be emitted;

iii.Identifying any Tier I operating permit term or condition that will no longer be applicable as a result of the significant permit modification; and(3-28-23)

iv.Identifying new applicable requirement resulting from the change.(3-28-23)

d.Significant permit modifications will be issued in accordance with all procedural requirements as they apply to Tier I operating permit issuance and renewal, including those for applications (Sections 314 and 315), public participation (Section 364), review by affected States (Sections 364 and 365), and review by EPA (Section 366).(3-28-23)

e.The Department will process the majority of significant permit modifications within nine (9) months of receiving a complete application. The Department will determine which significant permit modification applications will be processed within nine (9) months.(3-28-23)

03.Implementation Procedures. The permittee must comply with Sections 200 through 223 as applicable, including Subsection 209.04 governing permit to construct procedures for Tier I sources.(3-28-23)

04.Permit Shield. Upon final action by the Department, the permit shield described in Section 325 will extend to significant permit modifications.(3-28-23)

IDAPA 58.01.01.383 Minor Permit Modification

01.Criteria.(3 -28-23)

a.Minor permit modification procedures may be used for permit modifications involving economic incentives, marketable permits, emissions trading, and other similar approaches explicitly provided for in the SIP or applicable requirements promulgated by EPA. A permittee may not use minor modification procedures for changes described in Subsections 382.01.a. through 382.01.e.(3-28-23)

b.Any other permit modification that is not required to be processed as a significant permit modification under Section 382.(3-28-23)

c.Groups of a permittee’s applications eligible for processing as minor permit modifications may be processed under minor permit modification procedures if collectively, the changes proposed in the minor modification applications do not exceed the lesser of:(3-28-23)

i.Ten percent (10%) of the emissions allowed by the existing Tier I operating permit for the emissions unit for which the change is requested;(3-28-23)

ii.Twenty percent (20%) of the major facility criteria in Section 008; or(3-28-23)

iii.Five (5) tons per year.(3-28-23)

02.Minor Permit Modification Application Procedures. A permittee may initiate a minor permit modification by submitting a complete standard application described in Section 314 to the Department. The application must:(3-28-23)

a.Request the use of minor permit modification procedures and state at the beginning of the request that it is a “REQUEST FOR MINOR PERMIT MODIFICATION,” designate either “INDIVIDUAL” or “GROUP” processing, and provide a summary sheet;(3-28-23)

i.Describing the proposed minor permit modification;(3-28-23)

ii.Stating the date on which the proposed minor permit modification will occur at the facility;

iii.Describing and quantifying any change in emissions resulting from the minor permit modification including, but not limited to, an identification of any new regulated air pollutant(s) that will be emitted;(3-28-23)

iv.Identifying any Tier I operating permit term or condition that will no longer be applicable as a result of the minor permit modification;(3-28-23)

v.Identifying any new applicable requirement that is applicable to the Tier I source as a result of the minor permit modification;(3-28-23)

vi.Certifying by a responsible official under Section 123 that the proposed permit modification meets the criteria for a minor permit modification and, if applicable, the use of group processing procedures; and (3-28-23)

vii.Listing the permittee’s other pending applications awaiting group processing and a determination of whether the requested modification, aggregated with the other applications, equals or exceeds the thresholds under Subsection 383.01.c. above;(3-28-23)

b.Include completed forms for the Department to use to notify the EPA and affected States as required under Sections 364 and 366; and(3-28-23)

c.Include the applicant’s suggested draft Tier I permit with the minor permit modification. (3-28-23)

03.EPA and Affected State Notification Procedures.(3-28-23)

a.Within five (5) working days of receipt of a complete minor permit modification application, the Department will notify EPA and the affected States of the requested permit modification and forward the forms completed by the applicant and other required information, if any, to the EPA and affected States. Affected States and EPA review will occur simultaneously.(3-28-23)

b.On a quarterly basis or within five (5) working days of receiving an application demonstrating that the aggregate of a permittee’s pending applications equals or exceeds the threshold level established in Subsection 383.01.c. above, whichever is earlier, the Department shall notify EPA and the affected States of the requested permit modification and forward the forms completed by the applicant and other required information, if any, to the EPA and affected States. Affected States and EPA review shall occur simultaneously.(3-28-23)

c.The Department will promptly notify EPA and any affected States in writing including its reasons for not accepting any such recommendation if the Department refuses to accept all the timely recommendations submitted by affected States.(3-28-23)

d.The Department may not issue a final permit modification until after EPA’s forty-five (45) day review period or until EPA has notified the Department that EPA will not object to issuance of the permit modification, whichever is first; although the Department can approve the permit modification prior to that time.

e.Within ninety (90) days of the Department’s receipt of a complete minor permit modification application or within fifteen (15) days after the end EPA’s forty-five (45) day review period, whichever is later, the Department will take one (1) of the following actions:(3-28-23)

i.Issue the minor permit modification as proposed;(3-28-23)

ii.Deny the minor permit modification application;(3-28-23)

iii.Determine that the requested minor permit modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or(3-28-23)

iv.Revise the proposed minor permit modification, transmit the revised proposal to the EPA in accordance with Section 366, and notify the permittee.(3-28-23)

f.Within one hundred and eighty (180) days of the Department’s receipt of a complete application for modifications eligible for group processing or within fifteen (15) days after the end of EPA’s forty-five (45) day review period, whichever is later, the Department will take one (1) of the actions specified in Subsections 383.03.e.i., 383.03.e.ii., 383.03.e.iii., or 383.03.e.iv.(3-28-23)

04.Implementation Procedures.(3-28-23)

a.The permittee may make the change proposed in its minor permit modification immediately upon submittal of a complete application to the Department before final action by the Department.(3-28-23)

b.After the source makes the allowed change and until the Department takes any of the actions specified in Subsections 383.03.e.i., 383.03.e.ii., or 383.03.e.iii., the permittee must comply with both the applicable requirements governing the change and the proposed terms and conditions.(3-28-23)

c.During this time period, the permittee need not comply with the existing permit terms and conditions it seeks to modify; provided that, if the source fails to comply with the applicable requirements governing the change and the proposed revisions, the existing permit terms and conditions it seeks to modify may be enforced against it.(3-28-23)

05.Permit Shield. The permit shield described in Section 325 does not apply to any minor permit modification.(3-28-23)

IDAPA 58.01.01.384 Section 502(b)(10) Changes and Certain Emission Trades

01.Criteria.

This section authorizes emission changes within a permitted facility without requiring a permit revision, if the changes are not modifications under any provision of the Title I of the Clean Air Act and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or total emissions).(3-28-23)

a.Changes authorized are changes that:(3-28-23)

i.Are Section 502(b)(10) changes;(3-28-23)

ii.Are changes involving trades of increases and decreases of emissions within the permitted facility where the State Implementation Plan provides for such emissions trades without requiring a permit revision. SIP trades are allowed in compliance with this Section even if the Tier I operating permit does not already provide for such emission trading; or(3-28-23)

iii.Are changes made under the terms and conditions of the Tier I permit that authorize the trading of emissions increases and decreases within the permitted facility for the purpose of complying with a federally enforceable emissions cap that is established by the Department in the Tier I operating permit independent of otherwise applicable requirements.(3-28-23)

b.Changes constituting a modification under Title I of the Clean Air Act or subject to a requirement under Title IV of the Clean Air Act are not authorized by this Section.(3-28-23)

02.Notice Procedures. The permittee may make a change under this Section if the permittee provides written notification to the Department and EPA so that the notification is received at least seven (7) days in advance of the proposed change; or, in the event of an emergency, the permittee provides the notification so that it is received at least twenty-four (24) hours in advance of the proposed change. The permittee, the Department, and EPA will attach the notification to their copy of the Tier I operating permit.(3-28-23)

a.For each such change, the written notification must:(3-28-23)

i.State at the beginning of the notification “NOTIFICATION OF SECTION 502(b)(10) CHANGE” or “NOTIFICATION OF EMISSION TRADE”;(3-28-23)

ii.Describe the proposed change;(3-28-23)

iii.Provide the date on which the proposed change will occur;(3-28-23)

iv.Describe and quantify any expected change in emissions including identification of any new regulated air pollutant(s) that will be emitted;(3-28-23)

v.Identify any permit term or condition that is no longer applicable as a result of the change;

vi.Specifically identify and describe the emergency, if any; and(3-28-23)

vii.Identify any new applicable requirement that would apply to the Tier I source as a result of the

b.For changes described in Subsection 384.01.a.ii., the written notification must also include:

i.Identification of the provisions in the SIP that provide for the emissions trade;(3-28-23)

ii.All of the information required by the provision in the SIP authorizing the emissions trade;

iii.Specific identification of the provisions in the SIP with which the permittee will comply; and

iv.The pollutants subject to the trade.(3-28-23)

c.For changes described in Subsection 384.01.a.iii., the written notification must also describe how the change will comply with the terms and conditions of the permit.(3-28-23)

03.Permit Shield. The permit shield described in Section 325 only extends to changes made in accordance with Subsection 384.01.a.iii.(3-28-23)

IDAPA 58.01.01.385 Off-Permit Changes and Notice

01.Criteria. This section authorizes changes that are neither addressed nor prohibited by the Tier I operating permit to be made without a permit revision if each such change meets all applicable requirements and does not violate any existing permit terms or conditions. Changes constituting a modification under Title I of the Clean Air Act, or subject to a requirement under Title IV of the Clean Air Act are not off-permit changes.(3-28-23)

02.Notice Procedure. Sources must provide written notice to the Department and EPA of each such change except changes that qualify as insignificant under Section 317, within seven (7) days of making the off-permit

a.The written notification provided to the Department and EPA must:(3-28-23)

i.State at the beginning of the notification “NOTIFICATION OF OFF-PERMIT CHANGE”;

ii.Describe the off-permit change;(3-28-23)

iii.State the date on which the off-permit change will occur or has occurred;(3-28-23)

iv.Describe and quantify any change in emissions resulting from the off-permit change including, but not limited to, an identification of any new regulated air pollutant(s) that will be emitted; and(3-28-23)

v.Identify any new applicable requirement that is applicable to the Tier I source as a result of the offpermit change.(3-28-23)

b.The permittee must keep a record at the facility describing all off-permit changes made at the Tier I source that result in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and identifying the emissions resulting from those changes.(3-28-23)

03.Permit Shield Applicability. The permit shield described in Section 325 does not apply to any offpermit change.(3-28-23)

IDAPA 58.01.01.386 Reopening for Cause

The Department will reopen a Tier I per mit if cause exists.(3-28-23)

01.Criteria. Cause for reopening exists under any of the following circumstances:(3-28-23)

a.Additional applicable requirements become applicable to a major Tier I source with a remaining permit term of three (3) or more years; provided that no such reopening is required if the original effective date of the applicable requirement is later than the date on which the Tier I operating permit is due to expire and the original Tier I operating permit or any of its terms and conditions has not been extended pursuant to Section 368; provided further that the permittee must comply with the additional applicable requirement no later than the effective date; (3-28-23)

b.Whenever additional applicable requirements become applicable to an affected source, as defined for the purposes of the acid rain program;(3-28-23)

c.The Department or EPA determines that the Tier I operating permit contains a material mistake or inaccurate statements were used or considered in establishing the emissions standards or other terms or conditions of the Tier I operating permit; or(3-28-23)

d.The Department or EPA determines that the Tier I operating permit does not ensure compliance with the applicable requirements.(3-28-23)

02.Procedures for Reopenings.(3-28-23)

a.The Department will follow the same procedures for reopening as they apply to initial permit issuance and will affect only those parts of the permit for which cause to reopen exists. Reopenings will be made as expeditiously as practicable in accordance with Sections 360 through 379.(3-28-23)

b.The Department will notify the permittee in writing of reopening and provide a brief summary of the reason for the reopening at least thirty (30) days prior to the reopening.(3-28-23)

c.The EPA may initiate reopenings for circumstances listed in Subsections 386.01.a. through 386.01.d. by providing written notification to the Department and the permittee.(3-28-23)

i.The Department will within ninety (90) days after receipt of notification from EPA, forward to EPA a proposed determination of termination, revocation, revision, or revocation and reissuance, as appropriate. The Administrator may extend the ninety (90) day period for an additional ninety (90) days if EPA finds that a new or revised permit application is necessary or that the Department must require the permittee to submit additional information.(3-28-23)

ii.The EPA will review the proposed determination from the Department within ninety (90) days of receipt.(3-28-23)

iii.The Department will have ninety (90) days from receipt of an EPA objection to resolve any EPA objection and to terminate, modify, or revoke and reissue the permit.(3-28-23)

iv.If the Department fails to submit a proposed determination or fails to resolve any EPA objection, the EPA may terminate, modify, revoke and reissue the permit after taking the following actions:(3-28-23)

(1)Providing at least thirty (30) days’ notice to the permittee in writing of the reason for such action, (2)Providing the permittee an opportunity for comment on the EPA’s proposed action and an opportunity for a hearing.(3-28-23)

IDAPA 58.01.01.387 Tier I Registration Fee

Sections 387 through 397 set the procedures for the annual registration and fee assessment for Tier I sources, including facilities that obtained air quality permits that limited potential emissions below Tier I source levels during the previous year. Any person owning or operating a Tier I source during the previous calendar year must by April 1 of each year, register with the Department and submit the following information described at http:// www.deq.idaho.gov:(3-28-23)

01.Facility Information. The name, address, telephone number and location of the facility; (3-28-23)

02.Owner/Operator Information. The name, address and telephone numbers of the owners and operators;(3-28-23)

03.Facility Emission Units. The number and type of emission units present at the facility or the Tier I permit number for the facility; and(3-28-23)

04.Pollutant Registration. The actual emissions from the previous calendar year for oxides of sulfur (SOx), oxides of nitrogen (NOx), particulate matter (PM10), and volatile organic compounds (VOC) calculated using methods to include, but not limited to, continuous emissions monitoring (CEMS), certified source tests, material balances (mass-balance), state/industry emission factors, or AP-42 emission factors applied to throughput, actual operating hours, production rates, in-place control equipment, or the types of materials processed, stored, or combusted.(3-28-23)

IDAPA 58.01.01.388 (Reserved)

IDAPA 58.01.01.390 Tier I Annual Fee

A Tier I annual fee includes the following three components:(3-28-23)

01.Fixed Annual Fee. A fixed annual fee for Tier I sources emitting regulated air pollutants listed in Subsection 387.04 as follows:

02.Fee Based on Presumptive Minimum. A fee based on the 40 CFR Part 70 presumptive minimum (https://www.epa.gov/title-v-operating-permits/permit-fees) is calculated by multiplying the presumptive minimum fee in effect on April 1 of each year by the sum of all air pollutant emissions listed in Subsection 387.04, but not to exceed the following maximum values:

03.Fee-for-Service. A fee for service that the Department will assess based on actual time expended and expenses incurred by the Department in the previous calendar year for 40 CFR Part 70 program activities in an amount not to exceed forty five thousand dollars ($45,000) per year.(3-28-23)

IDAPA 58.01.01.391 (Reserved)

IDAPA 58.01.01.392 Registration Fee Assessment

All applicable facilities must pay to the Department an annual registration fee based on the information supplied by the registrant using the methods described in Section 390. If the facility fails to submit registration information, the Department will calculate the fee and assess both the fee and the costs of calculating the fee. No later than May 15 of each year, the Department will send to each registrant an assessment of the annual fee.(3-28-23)

IDAPA 58.01.01.393 Payment of Tier I Registration Fee

The fee must be paid to and received by the Department no later than July 1 of each year. Information for making payments is available at http://www.deq.idaho.gov.(3-28-23)

IDAPA 58.01.01.394 Effect of Delinquency on Applications

No permit to construct or operate will be processed by the Department for any facility or person having Tier I operating permit fees delinquent in full or in part.(3-28-23)

Emissions (tons/year)Fixed Annual Fee 4500 and above$70,785 3000 – 4499$47,190 1000 – 2999$37,540 500 – 999$18,235 200 – 499$11,800 0 – 199$5,900 Emissions (tons/year)Maximum Fee 4500 and above$181,000 3000 – 4499$91,000 1000 – 2999$44,400 500 – 999$31,500 200 – 499$13,500 0 – 199$4,550

IDAPA 58.01.01.395 (Reserved)

IDAPA 58.01.01.397 Lump Sum Payments of Registration Fees

01.Agreement.

The Department may enter an agreement with any person for the lump sum payment of all, or any addition to, the registration fees in Section 390.(3-28-23)

02.Minimum Amount. The minimum amount for any lump sum agreement is three hundred thousand dollars ($300,000).(3-28-23)

03.Payment Waiver. Upon the execution and full performance of the agreement by the person, the Department will waive the payment requirements of Section 390. All other provisions of Sections 387 through 397 remain applicable to the person.(3-28-23)

IDAPA 58.01.01.398 (Reserved)

IDAPA 58.01.01.400 Procedures and Requirements for Tier Ii Operating Permits

Sections 400 through 409 establish uniform procedures for the issuance of “Tier II Operating Permits.”(3-28-23)

IDAPA 58.01.01.401 Tier Ii Operating Permit

01.Optional Tier II Operating Permits.

The owner or operator of any stationary source or facility not subject to (or wishes to accept limitations on the facility’s potential to emit so as to not be subject to) Sections 300 through 399 may apply to the Department for an operating permit to:(3-28-23)

a.Authorize the use of an emission offset pursuant to Sections 204.02.b. or 206;(3-28-23)

b.Authorize the use of a potential to emit limitation, an emission reduction or netting transaction to exempt a facility or modification from certain requirements for a permit to construct;(3-28-23)

c.Authorize the use of a potential to emit limitation to exempt the facility from Tier I permitting requirements; and(3-28-23)

d.Bank an emission reduction credit pursuant to Section 461.(3-28-23)

02.Required Tier II Operating Permits.(3-28-23)

a.A Tier II operating permit is required for any stationary source or facility that has annual actual mercury emissions in excess of sixty-two (62) pounds. Fugitive emissions are not included in a determination of the actual mercury emissions. The owner or operator of the stationary source or facility must submit a Tier II permit application for review and approval by the Department, no later than twelve (12) months after becoming subject to Subsection 401.02.a., that includes an MBACT analysis for all sources that emit mercury. A determination of applicability under Subsection 401.02 will be based upon best available information. An MBACT analysis for review and approval by the Department must be included in a Tier II renewal application for any mercury emitting source not otherwise subject to MBACT.(3-28-23)

b.Stationary sources within a source category subject to 40 CFR Part 63 are exempt from the requirements of Subsection 401.02.a.(3-28-23)

03.Tier II Operating Permits Required by the Department. The Department may require or revise a Tier II operating permit for any stationary source or facility whenever the Department determines that:(3-28-23)

a.Emission rate reductions are necessary to attain or maintain any ambient air quality standard or applicable prevention of significant deterioration (PSD) increment; or(3-28-23)

b.Specific emission standards, or requirements on operation or maintenance are necessary to ensure compliance with any applicable emission standard or rule.(3-28-23)

04.Tier II Operating Permits Establishing a Facility Emissions Cap. The owner or operator of any stationary source or facility may request a Tier II operating permit establishing a Facility Emissions Cap (FEC) pursuant to Sections 175 through 181.(3-28-23)

IDAPA 58.01.01.402 Application Procedures

Application for a Tier II operating permit must be made using forms furnished by the Department, or by other means approved by the Department.

The application must be certified by the responsible official and be accompanied by all information necessary to perform any analysis or make any determination required under Sections 400 through 410.

01.Required Information. Site information, plans, description, specifications, and drawings showing the design of the stationary source, facility, or modification, the nature and amount of emissions (including secondary emissions), and the manner in which it will be operated and controlled.(3-28-23)

02.Additional Specific Information.(3-28-23)

a.For emission reduction credits, a description of the emission reduction credits proposed for use, including descriptions of the stationary sources or facilities providing the reductions, a description of the system of continuous emission control that provides the emission reduction credits, emission estimates, and other information necessary to determine that the emission reductions satisfy the requirements for emission reduction credits (Section 460).(3-28-23)

b.For emission offsets, information on the air quality impacts of the traded emissions as necessary to determine the change in ambient air quality that would occur.(3-28-23)

c.For restrictions on potential to emit, a description of the proposed potential to emit limitations including the proposed monitoring and recordkeeping requirements that will be used to verify compliance with the limitations.(3-28-23)

03.Estimates of Ambient Concentrations. All estimates of ambient concentrations must be based on the applicable air quality models, data bases, and other requirements specified in 40 CFR Part 51 Appendix W (Guideline on Air Quality Models). Where an air quality model specified in the “Guideline on Air Quality Models” is inappropriate, the model may be modified or another model substituted, subject to written approval of the EPA Administrator and public comment pursuant to Subsection 404.01.c.(3-28-23)

04.Additional Information. Any additional information, plans, specifications, evidence or documents that the Department may require to make the determinations required under Sections 400 through 409 shall be furnished upon request.(3-28-23)

IDAPA 58.01.01.403 Permit Requirements for Tier Ii Sources

No Tier II operating permit will be granted unless the appli cant shows to the satisfaction of the Department that:

01.Emission Standards. The stationary source would comply with all applicable local, state or federal emission standards.(3-28-23)

02.NAAQS. The stationary source would not cause or significantly contribute to a violation of any ambient air quality standard.(3-28-23)

IDAPA 58.01.01.404 Procedure for Issuing Permits

01.General Procedures.

General procedures for Tier II operating permits.(3-28-23)

a.Within thirty (30) days after receipt of the application for a Tier II operating permit, the Department will determine whether the application is complete or whether more information must be submitted and will notify the applicant of its findings in writing.(3-28-23)

b.Within sixty (60) days after the application is determined to be complete the Department will:

i.Notify the applicant in writing of the approval or denial of the application if an opportunity for public comment is not required pursuant to Subsection 404.01.c. The Department will set forth reasons for any denial; or(3-28-23)

ii.Issue a proposed approval or proposed denial.(3-28-23)

c.An opportunity for public comment will be provided on an application for any Tier II operating permit pursuant to Subsection 401.01 and any other application that the Department determines an opportunity for public comment should be provided.(3-28-23)

i.The availability of such materials will be made known by notice published in a newspaper of general circulation in the county(ies) in which the stationary source or facility is to be located.(3-28-23)

ii.A copy of such notice will be sent to the applicant and to appropriate federal, state and local agencies.(3-28-23)

iii.There will be a thirty (30) day period after initial publication for comment on the Department's proposed action, such comment to be made in writing to the Department.(3-28-23)

iv.After consideration of comments and any additional information submitted during the comment period, and within forty-five (45) days after initial publication of the notice, unless the Department deems that additional time is required to evaluate comments and information received, the Department will notify the applicant in writing of approval or denial of the permit. The Department will set forth the reasons for any denial.(3-28-23)

v.All comments and additional information received during the comment period, together with the Department's final determination, will be made available to the public at the same location as the preliminary determination.(3-28-23)

d.A copy of each proposed and final permit will be sent to EPA.(3-28-23)

02.Specific Procedures. Procedures for Tier II operating permits.(3-28-23)

a.The Department will send a notification to the proposed permittee by registered mail of his intention to issue a Tier II operating permit for the facility concerned. The notification will contain a copy of the proposed permit in draft form stating the proposed emission standards and any required action, with corresponding dates, that must be taken by the proposed permittee in order to achieve or maintain compliance with the proposed Tier II operating permit.(3-28-23)

b.The application and the Department's proposed Tier II operating permit will be made available to the public in at least one (1) location in the region in which the facility is located. The availability of such materials will be made known by notice published in a newspaper of general circulation in the county(ies) in which the facility is located. A copy of such notice will be sent to the applicant. There will be a thirty (30) day period after publication for comment on the Department's proposed Tier II operating permit. Such comment must be made in writing to the

c.A public hearing will be scheduled to consider the standards and limitations contained in the proposed Tier II operating permit if the proposed permittee files a request with the Department within ten (10) days of receipt of the notification, or if the Department determines that there is good cause to hold a hearing.(3-28-23)

d.After consideration of comments and any additional information submitted during the comment period or at any public hearing, the Department will render a final decision upon the proposed Tier II operating permit within thirty (30) days of the close of the comment period or hearing. At this time the Department may adopt the entire Tier II operating permit as originally proposed or any part or modification thereof.(3-28-23)

e.All comments and additional information received during the comment period, together with the Department's final permit, will be made available to the public at the same location as the proposed Tier II operating permit.(3-28-23)

04.Permit Revision or Renewal. The Department may approve a revision of any Tier II operating permit or renewal of any Tier II operating permit provided the stationary source or facility continues to meet all applicable requirements of Sections 400 through 409. Revised permits will be issued pursuant to procedures for issuing permits (Section 404), except that the requirements of Subsection 404.01.c. only apply if the permit revision results in an increase in allowable emissions or if deemed appropriate by the Department. Renewed Tier II operating permits will be issued pursuant to procedures for issuing permits (Section 404), except that the requirements of Subsections 404.01.c., and 404.02.b. through 404.02.e. only apply if the permit revision results in an increase in allowable emissions or if deemed appropriate by the Department. The expiration of a permit will not affect the operation of a stationary source or a facility during the administrative procedure period associated with the permit renewal process. The permittee must submit a complete application to the Department for a renewal of the terms and conditions establishing the Tier II operating permit at least six (6) months before, but no earlier than eighteen (18) months before, the expiration date of the existing permit. To ensure that the term of the permit does not expire before the terms and conditions are renewed, the permittee is encouraged to submit the application nine (9) months prior to expiration.(3-28-23)

05.Transfer of Tier II Permit.(3-28-23)

a.Transfers by Revision. A Tier II permit may be transferred to a new owner or operator in accordance with Subsection 404.04.(3-28-23)

b.Automatic Transfers. Any Tier II permit, with or without transfer prohibition language, may be automatically transferred if:(3-28-23)

i.The current permittee notifies the Department at least thirty (30) days in advance of the proposed transfer date;(3-28-23)

ii.The notice provides written documentation signed by the current and proposed permittees containing a date for transfer of permit responsibility, designation of the proposed permittee’s responsible official, and certification that the proposed permittee has reviewed and intends to operate in accordance with the permit terms and conditions; and(3-28-23)

iii.The Department does not notify the current permittee and the proposed permittee within thirty (30) days of receipt of the notice of the Department’s determination that the permit must be revised pursuant to Subsection 404.04. If the Department does not issue such notice, the transfer is effective on the date provided in the notice described in Subsection 404.05.b.ii.(3-28-23)

IDAPA 58.01.01.405 Conditions for Tier Ii Operating Permits

01.Reasonable Conditions.

The Department may impose any reasonable conditions upon an approval, including conditions requiring the stationary source or facility to be provided with:(3-28-23)

a.Sampling ports of a size, number, and location as the Department may require;(3-28-23)

b.Safe access to each port;(3-28-23)

c.Instrumentation to monitor and record emissions data;(3-28-23)

d.Instrumentation for ambient monitoring to determine the effect emissions from the stationary source or facility may have, or are having, on the air quality in any area affected by the stationary source or facility;

e.Any other sampling and testing facilities as may be deemed reasonably necessary.(3-28-23)

02.Performance Tests. Any performance tests required by the permit must be performed in accordance with methods and under operating conditions approved by the Department. The owner or operator must furnish to the Department a written report of the results of such performance test.(3-28-23)

a.Such test is at the expense of the owner or operator.(3-28-23)

b.The Department may monitor such test and may also conduct performance tests.(3-28-23)

c.The owner or operator of a stationary source or facility must provide the Department fifteen (15) days prior notice of the performance test to afford the Department the opportunity to have an observer present.

03.Permit Term. Tier II operating permits will be issued for a period not to exceed five (5) years. This five (5) year operating permit restriction does not apply to the provisions contained in Section 461.02.(3-28-23)

IDAPA 58.01.01.406 (Reserved)

IDAPA 58.01.01.407 Tier Ii Operating Permit Processing Fee

01.Tier II Operating Permit Processing Fee. A Tier II operating permit processing fee, calculated by the Department pursuant to the categories provided in the following table, must be paid to the Department by the person receiving a Tier II permit or permit renewal. The fee calculation will not include fugitive emissions.

02.Tier II Operating Permit Processing Fee Not Required. If the Department determines no other review or analysis is required, the Tier II operating permit processing fee is not required to be submitted when:

a.A permit to construct issued within the last five (5) years is rolled into a Tier II permit;(3-28-23)

b.A change to correct typographical errors is requested;(3-28-23)

c.A change in the name or ownership of the holder of a Tier II operating permit is requested; or

d.A synthetic minor permit is issued and the Department’s processing costs can be charged against TIER II OPERATING PERMIT CATEGORYFEE General permit, no facility specific requirements (Defined as a source category specific permit for which the Department has developed standard emission limitations, operating requirements, monitoring and recordkeeping requirements, and that require minimal engineering analysis.) $500 Stationary sources or facilities with permitted emissions of less than one (1) ton per year$1,250 Stationary sources or facilities with permitted emissions of one (1) to less than ten (10) tons per year$2,500 Stationary sources or facilities with permitted emissions of ten (10) to less than one hundred (100) tons per year $5,000 Stationary sources or facilities with permitted emissions of one hundred (100) tons or more per year$10,000 Synthetic minor stationary sources with permitted emissions below a major threshold level$10,000 fees collected from the person receiving the permit under Title V of the federal Clean Air Act amendments of 1990.

IDAPA 58.01.01.408 Payment of Tier Ii Operating Permit Processing Fee

01.Fee Submittal.

The Tier II operating permit processing fee is payable upon receipt of an assessment sent, along with the final permit or permit renewal, to the person receiving a permit or permit renewal by the Department. Information for making payments is available at http://www.deq.idaho.gov.(3-28-23)

02.Delinquency. Failure to submit a Tier II operating permit processing fee within forty-five (45) days of receipt of an assessment by the Department will result in a monthly accrual of interest in the amount of twelve percent (12%) per annum on the outstanding balance until the fee is paid in full.(3-28-23)

IDAPA 58.01.01.409 Receipt and Usage of Fees

Tier II operating permit processing fee and delinquency interest receipts will be depos ited by the Department into a stationary source permit account. Monies from this account are 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.(3-28-23)

IDAPA 58.01.01.410 (Reserved)

IDAPA 58.01.01.460 Requirements for Emission Reduction Credit

In order to be credited in a permit to construct, Tier I operating permit or Tier II operating permit any emission reduction must satisfy the following:(3-28-23)

01.Allowable Emissions. The proposed level of allowable emissions must be less than the actual emissions of the stationary source(s) or emission unit(s) providing the emission reduction credit. No emission reduction(s) can be credited for actual emissions that exceed the allowable emissions of the stationary source(s) or emission unit(s).(3-28-23)

02.Timing of Emission Reduction. In an attainment or unclassifiable area, any emission reduction that occurs prior to the minor source baseline date must have been banked with the Department prior to the minor source baseline date to be credited; in a nonattainment area the emission reduction must occur after the base year of any control strategy for the particular air pollutant.(3-28-23)

03.Emission Rate Calculation. The emission rate before and after the reduction must be calculated using the same method and averaging time and the characteristics necessary to evaluate any future use of the emission reduction credit must be described.(3-28-23)

04.Permit Issuance. A permit to construct, Tier I operating permit or Tier II operating permit will be issued to establish a new emission standard for the facility, or restrict the operating rate, hours of operation, or the type or amount of material combusted, stored or processed for the stationary source(s) or emission unit(s) providing the emission reductions.(3-28-23)

05.Imposed Reductions. Emission reductions imposed by local, state or federal regulations or permits will not be allowed for emission reduction credits.(3-28-23)

06.Mobile Sources. The proposed level of allowable emissions must be less than the actual emissions of the mobile sources or stationary sources providing the emission reduction credit. Mobile source emission reduction credits will be made state or federally enforceable by SIP revision. The form of the SIP revision may be a state or local regulation, operating permit condition, consent or enforcement order, or any mechanism available to the state that is enforceable.(3-28-23)

IDAPA 58.01.01.461 Requirements for Banking Emission Red

UCTION CREDITS (ERC'S).

01.Application to Bank an ERC.

The owner or operator of any facility may apply to the Department for a Tier I or Tier II operating permit (or a revision thereto) to bank an emission reduction credit. An application to bank an emission reduction credit must be received by the Department no later than one (1) year after the reduction occurs. The Department may issue or revise such a Tier I or Tier II operating permit and a “Certificate of Ownership” for an emission reduction credit, provided that all emission reductions satisfy the requirements of Section 460.

02.Banking Period. Emission reduction credits may be banked with the Department. The banked emission reduction credits may be used for offsets, netting in accordance with the definition of net emissions increase at Section 007, or sold to other facilities. The use of banked emission reduction credits must satisfy the applicable requirements of the program in which they are proposed for use, including approval of a permit to construct or a Tier I or Tier II operating permit.(3-28-23)

03.Certificate of Ownership. Upon issuing or revising a Tier I or Tier II operating permit for an emission reduction credit, the Department will issue a “Certificate of Ownership” that will identify the owner of the credits, quantify the credited emission reduction and describe the characteristics of the emissions that were reduced and emissions unit(s) that previously emitted them.(3-28-23)

04.Adjustment by Department. If at any time the Department, or the owner or operator of a facility that has produced an emission reduction credit, finds that the actual reduction in emissions differs from that in the certificate of ownership, the Department will adjust the amount of banked emission reduction credits to reflect the actual emission reduction and issue a revised certificate of ownership.(3-28-23)

05.Proportional Discounts. If at any time the Department finds that additional emission reductions are necessary to attain and maintain any ambient air quality standard or applicable prevention of significant deterioration (PSD) increment, banked emission reduction credits at facilities in the affected area may be proportionally discounted by an amount that will not exceed the percentage of emission reduction required for that area.(3-28-23)

06.Transfer of Ownership. Whenever the holder of a certificate of ownership for banked emission reduction credits, sells or otherwise transfers ownership of all or part of the banked credits, the holder must submit the certificate of ownership to the Department. The Department will issue a revised certificate(s) of ownership that reflects the old and new holder(s) and amount(s) of banked emission reduction credits.(3-28-23)

07.Public Registry. The Department will maintain a public registry of all banked emissions reduction credits, indicating the current holder of each certificate of ownership and the amount and type of credited emissions.

IDAPA 58.01.01.462 (Reserved)

IDAPA 58.01.01.500 Registration Procedures and Requirements for Portable Equipment

All existing portable equipment must be registered at l east ten (10) days prior to relocating, using forms provided by the Department, except that no registration is required for mobile internal combustion engines, marine installations and locomotives.(3-28-23)

IDAPA 58.01.01.501 (Reserved)

IDAPA 58.01.01.510 Stack Heights and Dispersion Techniques

Sections 510 through 514 establish criteria for good engineeri ng practice for stack heights and dispersion techniques and apply to existing, new, and modified stationary sources and facilities. Sections 510 through 514 do not apply to stack heights in existence, or dispersion techniques implemented, on or before December 31, 1970, except where regulated or toxic air pollutant(s) are being emitted from such stacks or using such dispersion techniques by sources that were constructed, or reconstructed, or for which major modifications were carried out, after December 31, 1970.

Definitions for Section 510 through 514 are found in 40 CFR 51.100 incorporated by reference in Section 107.

IDAPA 58.01.01.511 Requirements

The required degree of emission control of any regulated or toxic air pollutant must not be affected by the amount of any stack height that exceeds good engineering practice (GEP) or by any other dispersion technique.(3-28-23)

IDAPA 58.01.01.512 Opportunity for Public Hearing

Whenever a new or revised emission limitation is to be based on a good engineering practice stack height that exceeds the height allowed by the GEP stack height formulae, the Department will notify the public of the availability of the demonstration study submitted and will provide an opportunity for public hearing on the demonstration study.

IDAPA 58.01.01.513 Approval of Field Studies and Fluid Models

Any field study or fluid model used to demonstrate GEP stack height and any determination of “excessive concen tration” must be approved by the EPA prior to an emission limit being established. The construction of any new stack or any increase to the height of any existing stack determined by the GEP stack height formulae without completing a fluid model and a field study, must be approved by the EPA.(3-28-23)

IDAPA 58.01.01.514 No Restriction on Actual Stack Height

Sections 510 through 514 do not restrict, in any manner, the actual stack height of any stationary source or facility.

(3 -28-23)

IDAPA 58.01.01.515 (Reserved)

IDAPA 58.01.01.550 Air Quality Episodes

Sections 550 through 562 define requirements for air quality episodes.(3-28-23)

IDAPA 58.01.01.551 (Reserved)

IDAPA 58.01.01.556 Criteria for Declaring Air Quality Episodes

An air quality episode will be declared by the Department when pollutant concentrations reach, or are forecasted to reach, and persist, at or above the levels listed below. Pollutant concentrations will be determined by the Department through its analysis of meteorological and ambient air quality monitoring data.

PollutantAveraging PeriodAdvisory a AlertWarningEmergency b CO8 hourNA15 ppm30 ppm40 ppm 1 hourNA0.6 ppm1.2 ppm1.6 ppm 24 hourNA0.15 ppm0.3 ppm0.4 ppm O 1 hourNA0.2 ppm0.4 ppm0.5 ppm 24 hourNA0.3 ppm0.6 ppm0.8 ppm 1 hour80 μg/m 24 hour50 μg/m 1 hour385 μg/m 24 hour150 μg/m 350 μg/m 420 μg/m 500 μg/m Table Footnotes a. The Department may call an Advisory, if it determines, after evaluating the pertinent meteorology, weather conditions and air quality conditions such as visibility, and source parameters such as source type, strength, location and projected duration, that an Advisory is required to protect the public health.

b. The Department will only declare an emergency with specific concurrence of Governor.

IDAPA 58.01.01.557 Requirements During Air Quality Episodes

All persons in an area under a declared air quality episode m ust comply with the following requirements. The Department may waive one (1) or more of the requirements at each episode level if, on the basis of information available, the requirement is an inappropriate response to the specific episode conditions that exist.(3-28-23)

01.Advisory. All open burning, as defined in Sections 600-624, is prohibited. No new ignition of open burning of any kind is allowed after an Advisory is declared. The Department may require, if practicable, or in an emergency situation, the cessation of any open burning.(3-28-23)

02.Alert.(3-28-23)

b.The use of burners and incinerators for the disposal of any form of solid or liquid waste will be

c.Persons operating fuel-burning equipment that requires boiler lancing or soot blowing must perform such operations between the hours of 12:00 p.m. (noon) and 4:00 p.m.(3-28-23)

d.Commercial, industrial and institutional facilities utilizing coal or residual fuel oil are required to switch to natural gas or distillate oil if available.(3-28-23)

03.Warning.(3-28-23)

b.The use of burners and incinerators for the disposal of any form of solid or liquid waste is

c.Persons operating fuel-burning equipment that requires boiler lancing or soot blowing must perform such operations between the hours of 12:00 p.m. (noon) and 4:00 p.m.(3-28-23)

d.Commercial, industrial and institutional facilities utilizing coal or residual fuel oil are required to

i.Switch completely to natural gas or distillate oil; or(3-28-23)

ii.If these low sulfur fuels are not available, curtail the use of existing fuels to the extent possible without causing injury to persons or damage to equipment.(3-28-23)

04.Emergency.(3-28-23)

b.The use of burners and incinerators for the disposal of any form of solid or liquid waste is

c.Persons operating fuel-burning equipment that requires boiler lancing or soot blowing must perform such operations between the hours of 12:00 p.m. (noon) and 4:00 p.m.(3-28-23)

d.Commercial, industrial and institutional facilities utilizing coal or residual fuel oil are required to

i.Switch completely to natural gas or distillate oil; or(3-28-23)

ii.If these low sulfur fuels are not available, curtail the use of existing fuels to the extent possible without causing injury to persons or damage to equipment.(3-28-23)

IDAPA 58.01.01.558 Notification of Air Quality Episode

01.Method of Communication.

When the Department declares an air quality episode, it will utilize appropriate media to ensure that the following information is announced to the public, affected government, and commercial, industrial, institutional, and agricultural entities as practicable.(3-28-23)

02.Information to Be Given.(3-28-23)

a. Level of episode that is declared.(3-28-23)

b.Location and description of the designated area.(3-28-23)

c.Description of the cause of degraded air quality.(3-28-23)

d.Specific warnings and advice to those persons who, because of acute or chronic health problems, may be most susceptible to the effects of the degraded air quality.(3-28-23)

e.Air quality forecast for the following two (2) days.(3-28-23)

f.Duration of the episode and when the next statement from the Department will be issued. (3-28-23)

g.Listing of all requirements applicable to the public, commercial, institutional and industrial sectors.

IDAPA 58.01.01.559 (Reserved)

IDAPA 58.01.01.562 Specific Air Quality Episode Abatement Plans for Stationary Sources

In addition to the general rules presented in Section 557, t he Department will require that specific stationary sources adopt and implement their own Air Quality Episode Abatement Plans in accordance with the criteria set forth in Section 556. An individual plan can be revised periodically by the Department after consultation between the Department and the owners and/or operators of the source.(3-28-23)

563 – 576.(RESERVED)

IDAPA 58.01.01.577 Ambient Air Quality Standards for Fluorides

Primary and secondary air quality standards are those concentrations in the ambient air which result in a total fluoride content in vegetation used for feed and forage of no more than:(3-28-23)

01.Annual Standard. Forty (40) ppm, dry basis -- annual arithmetic mean.(3-28-23)

02.Bimonthly Standard. Sixty (60) ppm, dry basis -- monthly concentration for two (2) consecutive months.(3-28-23)

03.Monthly Standard. Eighty (80) ppm, dry basis -- monthly concentration never to be exceeded.

IDAPA 58.01.01.578 (Reserved)

IDAPA 58.01.01.579 Baselines for Prevention of Significant Deterioration

01.Baseline Date(s).

a.Major Source Baseline Date.(3-28-23)

i.In the case of PM10 and sulfur dioxide, January 6, 1975;(3-28-23)

ii.In the case of nitrogen dioxide, February 8, 1988; and(3-28-23)

iii.In the case of PM2.5, October 20, 2010.(3-28-23)

b.Minor Source Baseline Date. The earliest date after the trigger date on which a major stationary source or a major modification subject to prevention of significant deterioration (PSD) submits a complete application. The trigger date is:(3-28-23)

i.In the case of PM10 and sulfur dioxide, August 7, 1977; and(3-28-23)

ii.In the case of nitrogen dioxide, February 8, 1988.(3-28-23)

iii.In the case of PM2.5, October 20, 2011.(3-28-23)

c.The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:(3-28-23)

i.The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Section 107(d) of the Clean Air Act for the pollutant on the date of its complete prevention of significant deterioration (PSD) application; and(3-28-23)

ii.In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.(3-28-23)

d.Any minor source baseline date established originally for the TSP increments remains in effect and applies for purposes of determining the amount of available PM10 increments, except that the Department may rescind any such minor source baseline date where it can be shown, to the satisfaction of the Department, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions.(3-28-23)

02.Baseline Area. Any intrastate area designated as attainment or unclassifiable under 42 U.S.C.

Section 7407(d), in which the major facility or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows:

Equal to or greater than 1 μg/m3 (annual average) for SO2, NO2, or PM10; or equal or greater than 0.3 μg/m3 (annual average) for PM2.5.(3-28-23)

03.Baseline Concentration. The ambient concentration for a particular regulated air pollutant which exists in the applicable baseline area on the applicable minor source baseline date.(3-28-23)

a.The baseline concentration represents:(3-28-23)

i.The actual emissions from sources in existence on the applicable minor source baseline date; and

ii.The allowable emissions of major facilities and major modifications that commenced construction before the applicable major source baseline date, but were not in operation by the applicable minor source baseline date.(3-28-23)

b.The baseline concentration does not include the actual emissions of new major facilities and major modifications that commenced construction on or after the applicable major source baseline date.(3-28-23)

IDAPA 58.01.01.580 Classification of Prevention of Significant Deterioration Areas

01.Restrictions On Area Classification. Restrictions on classification are listed in 40 CFR 52.21(e).

02.Procedures for Redesignation of Prevention of Significant Deterioration (PSD) Areas. The Governor may submit to EPA a proposal to redesignate areas as a revision to the SIP. In preparing any such proposal the Department will:(3-28-23)

a.Consult with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation;(3-28-23)

b.Prepare a discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social and energy effects of the proposal. This document will be made available for public inspection at least thirty (30) days prior to the public hearing on the proposed redesignation and the notice announcing the hearing will include notification of the availability of the document;(3-28-23)

c.Provide written notice to the appropriate Federal Land Manager of any federal lands proposed for redesignation and provide at least thirty (30) days for the Federal Land Manager to confer with the Department and to submit written comments and recommendations. If written comments and recommendations are submitted, the Department will publish a list of any inconsistency between the proposed redesignation and the comments and recommendations, including the reasons for making a redesignation against the recommendation of the Federal Land Manager;(3-28-23)

d.Notify other states, Indian governing bodies, and federal land managers whose land may be affected by the proposed redesignation at least thirty (30) days prior to the public hearing;(3-28-23)

e.For a redesignation to Class III: After consulting with the appropriate committees of the legislature, if it is in session, or the leadership of the legislature, if it is not in session, obtain specific approval by the Governor and by all general purpose units of local government representing a majority of the residents of the area to be redesignated; demonstrate that the redesignation would not cause, or contribute to, violations of any ambient air quality standard, or violations of PSD increments in any other area; and make available, for public inspection prior to the public hearing, any permit application and accompanying material for any major facility or major modification which could only be permitted if the area were designated as Class III; and(3-28-23)

f.Hold at least one (1) public hearing on the proposed redesignation.(3-28-23)

IDAPA 58.01.01.581 Prevention of Significant Deterioration (psd) Increments

Section 581 establishes the allowable degree of deterioration for the areas within the State that have air quality better than the ambient standards.(3-28-23)

01.Incorporated Federal Program Requirements - Class I, II and III Areas. Class I, II, and III area PSD increment requirements contained in 40 CFR 52.21(c) are incorporated by reference in Section 107. These CFR sections have been codified in the electronic CFR at www.ecfr.gov.(3-28-23)

02.Exceedances. For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one (1) such period per year at any one (1) location.(3-28-23)

03.Exclusions. The following concentrations will be excluded in determining compliance with the maximum allowable increases:(3-28-23)

a.Concentrations attributable to the increase in emissions from facilities that have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act, over the emissions from such facilities before the effective date of such order or plan; this does not apply more than five (5) years after the effective date of such order or plan;

b.Concentrations of PM-10 attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified facilities;(3-28-23)

c.The increase in concentrations attributable to new facilities outside the United States over the concentrations attributable to existing facilities which are included in the baseline concentration; and(3-28-23)

d.Concentrations attributable to the temporary increase in emissions of sulfur dioxide, nitrogen dioxide, or particulate matter from facilities that are affected by a revision to the SIP approved by EPA; this exclusion may not exceed two (2) years unless a longer time is approved by EPA, is not renewable, and applies only to revisions that:(3-28-23)

i.Would not affect the applicable pollutant concentrations in a Class I area or an area where an applicable increment is known to be violated and would not cause or contribute to a violation of an ambient air quality standard; and(3-28-23)

ii.Require limitations to be in effect at the end of the approved time period that would ensure that the emissions from facilities affected by the revision would not exceed those concentrations occurring before the revision was approved.(3-28-23)

IDAPA 58.01.01.582 (Reserved)

IDAPA 58.01.01.585 Toxic Air Pollutants Non-Carcinogenic Increments

01.Toxic Air Pollutant Non-carcinogenic Increments. Those ambient air quality increments based on occupational exposure limits for airborne toxic chemicals expressed in terms of a screening emission level or an acceptable ambient concentration for a non-carcinogenic toxic air pollutant.(7-1-25)

02.Non-carcinogens Table. The screening emissions levels (EL) and acceptable ambient concentrations (AAC) for non-carcinogens are as provided in the following table. The AAC in this section are twenty-four (24) hour averages.(7-1-25) 60-35-5Acetamide (NY)--0.0020.0003 64-19-7Acetic acid251.671.25 108-24-7Acetic anhydride201.331 67-64-1Acetone178011989 75-05-8Acetonitrile674.473.35 540-59-0Acetylene dichloride, See 1,2-Dichloroethylene 79-27-6Acetylene tetrabromide151.75 107-02-8Acrolein0.250.0170.0125 79-10-7Acrylic acid3021.5 107-18-6Allyl alcohol50.333.25 106-92-3Allyl glycidyl ether221.471.1 2179-59-1Allyl propyl disulfide120.80.6 7429-90-5Aluminum Including:

NAMetal & Oxide100.6670.5 NAPyro powders50.3330.25 NASoluble salts20.1330.10 NAAlkyls not otherwise classified20.1330.10 141-43-52-Aminoethanol, See Ethanolamine 504-29-02-Aminopyridine20.1330.10 7664-41-7Ammonia181.20.9 12125-02-9Ammonium chloride fume100.6670.5 3825-26-1Ammonium perfluo-octanoate0.10.0070.05 7773-06-0Ammonium sulfamate100.6670.5 628-63-7n-Amyl acetate53035.326.5 626-38-0Sec-Amyl acetate66544.333.25 7440-36-0Antimony & compounds, as Sb (handling & use)0.50.0330.025 86-88-4ANTU0.30.020.015 7784-42-1Arsine0.20.0130.01 86-50-0Azinphos-methyl0.20.0130.01 7440-39-3Barium, soluble compounds, as Ba0.50.0330.025 17804-35-2Benomyl100.670.5 7106-51-4p-Benzoquinone, See Quinone 94-36-0Benzoyl peroxide50.3330.25 92-52-4Biphenyl1.50.10.075 1304-82-1Bismuth telluride undoped100.6670.05 NABismuth telluride if selenium doped 50.3330.25 1303-96-4Borates, tetra odium salts - Including:

NAAnhydrous10.0670.05 NADecahydrate50.3330.25 NAPentahydrate10.0670.05 1303-86-2Boron oxide100.6670.5 10294-33-4Boron tribromide100.6670.5 7637-07-2Boron trifluoride30.20.25 314-40-9Bromacil100.6670.5 7726-95-6Bromine0.70.0470.035 7789-30-2Bromine penta-fluoride0.70.0470.035 75-25-2Bromoform50.3330.25 109-79-5Butanethiol, see Butyl mercaptan 78-93-32-Butanone, see Methyl ethyl ketone 112-07-22-butoxyethyl acetate---8.331.25 111-76-22-Butoxyethanol (EGBG)12086 123-86-4n-Butyl acetate71047.335.5 105-46-4sec-Butyl acetate95063.347.5 540-88-5tert-Butyl acetate95063.347.5 141-32-2Butyl acrylate553.672.75 71-36-3n-Butyl alcohol150107.5 78-92-2Sec-Butyl alcohol30520.315.25 75-65-0tert-Butyl alcohol3002015 109-73-9Butylamine151.75 124-17-4Butyl carbitol acetate (ID)---0.846.625 1189-85-1tert-Butyl chromate, as CrO30.10.007.005 2426-08-6n-Butyl glycidyl ether13596.75 138-22-7n-Butyl lactate251.671.25 109-79-5Butyl mercaptan1.80.120.09 89-72-5o-sec-Butylphenol3021.5 98-51-1p-tert-Butyltoluene6043 1317-65-3Calcium carbonate100.6670.5 156-62-7Calcium cyanamide0.50.0330.025 1305-62-0Calcium hydroxide50.3330.25 1305-78-8Calcium oxide20.1330.1 1344-95-2Calcium silicate (synthetic)100.6670.5 13397-24-5Calcium sulfate100.6670.5 76-22-2Camphor, synthetic120.80.6 105-60-2Caprolactam - Including:

Dust10.0670.05 Vapor201.331.0 1333-86-4Carbon black3.50.230.175 2425-06-1Captafol0.10.0070.005 133-06-2Captan50.3330.25 463-58-1Carbonyl sulfide0.40.0270.02 63-25-2Carbaryl50.3330.25 1563-66-2Carbofuran0.10.0070.005 75-15-0Carbon disulfide3021.5 558-13-4Carbon tetrabromide1.40.0930.07 75-44-5Carbonyl chloride, See Phosgene 353-50-4Carbonyl fluoride50.3330.25 120-80-9Catechol201.331.0 21351-79-1Cesium hydroxide20.1330.10 133-90-4Chloramben (PL)---887133 8001-35-2Chlorinated camphene0.50.03330.025 31242-93-0Chlorinated diphenyl oxide0.50.0330.025 7782-50-5Chlorine30.20.15 10049-04-4Chlorine dioxide0.30.020.015 7790-91-2Chlorine trifluoride (CL)0.380.0250.002 107-20-0Chloroacetaldehyde0.320.0210.015 78-95-5Chloroacetone0.380.02530.019 532-27-4a-Chloroacetophenone0.320.0210.016 79-04-9Chloroacetyl chloride0.20.0130.01 108-90-7Chlorobenzene35023.317.5 510-15-6Chlorobenzilate (PL1)---0.0470.035 2698-41-1O-Chlorobenzylidene malononitrile (CL)0.40.00270.03 126-99-82-Chloro-1,3-butadiene, see B-Chloroprene 107-07-32-Chloroethanol, see Ethylene chlorohydrin 600-25-91-Chloro-1-nitro propane100.6670.5 95-57-82-Chlorophenol (and all isomers) (ID)---0.0330.025 76-06-2Chloropicrin0.70.0470.037 126-99-8B-chloroprene362.41.8 2039-87-4o-Chlorostyrene2851914.25 95-49-8o-Chlorotoluene25016.712.5 1929-82-42-Chloro-6-(tri-chloromethyl) pyridine, see Nitrapyrin 2921-88-2Chlorpyrifos0.20.0130.01 7440-47-3Chromium metal - Including:0.50.0330.025 7440-47-3Chromium (II) compounds, as Cr0.50.0330.025 16065-83-1Chromium (III) compounds, as Cr0.50.0330.025 2971-90-6Clopidol100.6670.5 NACoal dust (<5% silica)20.1330.1 10210-68-1Cobalt carbonyl as Co0.10.0070.005 16842-03-8Cobalt hydrocarbonyl as Co0.10.0070.005 7440-48-4Cobalt metal, dust, and fume0.050.00330.0025 7440-50-8Copper: 7440-50-8Fume0.20.0130.01 7440-50-8Dusts & mists, as Cu10.0670.05 95-48-7o-Cresol221.471.1 108-39-4m-Cresol221.471.1 106-44-5p-Cresol221.471.1 1319-77-3Cresols/Cresylic Acid (isomers and mixtures)221.471.1 123-73-9Crotonaldehyde5.70.380.285 299-86-5Cruformate50.3330.25 98-82-8Cumene24516.312.25 420-04-2Cyanamide20.1330.1 592-01-8Cyanide and compounds as CN50.3330.25 110-82-7Cyclohexane10507052.5 108-93-0Cyclohexanol20013.310 108-94-1Cyclohexanone1006.675 110-83-8Cyclohexene101567.750.75 108-91-8Cyclohexylamine412.732.05 121-82-4Cyclonite1.50.10.075 542-92-7Cyclopentadiene20013.310 287-92-3Cyclopentane1720114.66786 94-75-72,4-D100.6670.5 17702-41-9Decaborane0.30.020.015 8065-48-3Demeton0.10.0070.005 123-42-2Diacetone alcohol2401612 39393-37-8Dialkyl phthalate (ID)---16.42.46 107-15-31,2-Diaminoethane, See Ethylenediamine 333-41-5Diazinon0.10.0070.005 334-88-3Diazomethane0.340.0230.017 19287-45-7Diborane0.10.0070.005 102-81-82-N-Dibutylamino ethanol140.9330.7 2528-36-1Dibutyl phenyl phosphate3.50.2330.175 107-66-4Dibutyl phosphate8.60.5730.43 84-74-2Dibutyl phthalate50.3330.25 7572-29-4Dichloroacetylene0.390.00260.0195 95-50-1o-Dichlorobenzene3002015 106-46-71,4-Dichlorobenzene4503022.5 118-52-51,3-Dichloro-5, 5-dimethyl hydantoin0.20.0130.025 75-34-3Dichloroethane4052720.25 540-59-01,2-Dichloroethylene79052.739.5 111-44-4Dichloroethyl ether3021.5 75-43-4Dichlorofluoromethane402.672 594-72-91, l-Dichloro-l-nitroethane100.6670.5 78-87-51,2-Dichloropropane, see Propylene dichloride 75-99-02,2-Dichloropropionic acid60.40.3 62-73-7Dichlorvos10.0670.05 141-66-2Dicrotophos0.250.0170.125 77-73-6Dicyclopentadiene3021.5 102-54-5Dicyclopentadienyl iron100.6670.5 111-42-2Diethanolamine1510.75 109-89-7Diethylamine3021.5 100-37-82-Diethylamino-ethanol503.332.5 111-40-0Diethylene triamine40.2670.2 60-29-7Diethyl ether12008060 96-22-0Diethyl Ketone7054735.25 84-66-2Diethyl phthalate50.3330.25 2238-07-5Diglycidyl ether (DGE)0.530.0350.0265 123-31-9Dihydroxybenzene, see Hydroquinone 108-83-8Diisobutyl ketone1459.677.25 108-18-9Diisopropylamine201.331 127-19-5Dimethyl acetamide352.331.75 124-40-3Dimethylamine9.20.6130.46 60-11-7Dimethyl aminoazo-benzene (NY)---0.0020.0003 1300-73-8Dimethylamino-benzene, see Xylidine 121-69-7Dimethylaniline (N,N-Dimethylaniline)251.671.25 1330-20-7Dimethylbenzene, see Xylene 300-76-5 Dimethyl-1,2-dibromo-2-dichloroethyl phosphate, see Naled 68-12-2Dimethylformamide3021.5 108-83-82,6-Dimethyl-4-heptanone, see Diisobutyl ketone 131-11-3Dimethylphthalate50.3330.25 148-01-6Dinitolmide50.3330.25 528-29-0Dinitrobenzene10.0670.05 99-65-0m (or) 1,3-Dinitrobenzene10.0670.05 100-25-4p (or) 1,4-Dinitrobenzene10.0670.05 534-52-1Dinitro-o-cresol0.20.0130.01 148-01-63,5-Dinitro-o-toluamide, see Dinitolmide 117-84-0N-Dioctyl Phthalate50.3330.25 78-34-2Dioxathion0.20.0130.01 92-52-4Diphenyl, see Biphenyl 122-39-4Diphenylamine 100.6670.5 Diphenyl methane diisocyanate, see Methylenediphenyl diisocyanate 34590-94-8Dipropylene glycol methyl ether6004030 123-19-3Dipropyl ketone23515.711.75 85-00-7Diquat0.50.0330.01 97-77-8Disulfiram20.1330.1 298-04-4Disulfoton0.10.0070.005 128-37-02,6-Ditert. butyl-p-cresol100.6670.5 330-54-1Diuron100.6670.5 108-57-6Divinyl benzene503.332.5 1302-74-5Emery (corundum) total dust (> 1% silica)100.6670.5 115-29-7Endosulfan0.10.0070.005 72-20-8Endrin0.10.0070.005 13838-16-9Enflurane56637.728.3 1395-21-7Enzymes, see Subtilisins 2104-64-5EPN (Ethoxy-4-Nitro-phenoxy phenylphosphine)0.50.0330.025 106-88-71,2-Epoxybutane (MI)---0.80.6 75-56-91,2-Epoxypropane, see Propylene oxide 556-52-52,3-Epoxy-1-propanol, see Glycidol 75-08-1Ethanethiol, see Ethyl mercaptan 141-43-5Ethanolamine80.5330.4 563-12-2Ethion0.40.0270.02 110-80-52-Ethoxyethanol191.270.95 111-15-92-Ethoxyethyl acetate (EGEEA)271.81.35 141-78-6Ethyl acetate140093.370 64-17-5Ethyl alcohol188012594 75-04-7Ethylamine181.20.9 541-85-5Ethyl amyl ketone1308.676.5 100-41-4Ethyl benzene4352921.75 74-96-4Ethyl bromide221.471.1 106-35-4Ethyl butyl ketone23015.311.5 51-79-6Ethyl carbamate (Urethane) (WA)---0.0020.0015 75-00-3Ethyl chloride2640176132 107-07-3Ethylene chlorohydrin30.20.15 107-15-3Ethylenediamine251.671.25 107-06-2Ethylene dichloride402.6672 107-21-1Ethylene glycol vapor (CL)1270.8466.35 628-96-6Ethylene glycol denigrate0.310.0210.016 110-49-6 Ethylene glycol methyl ether acetate, see 2-Methoxyethyl acetate 96-45-7Ethylene thiourea (PL2)---0.0470.035 109-94-4Ethyl formate3002015 16219-75-3Ethylidene norbornene (CL)250.1671.25 75-08-1Ethyl mercaptan10.0670.05 100-74-3N-Ethylmorpholine231.531.15 78-10-4Ethyl silicate855.674.25 22224-92-6Fenamiphos0.10.0070.005 115-90-2Fensulfothion0.10.0070.005 55-38-9Fenthion0.20.0130.01 14484-64-1Ferbam100.6670.5 12604-58-9Ferrovanadium dust10.0670.05 NAFibrous glass dust100.6670.5 Fine Mineral Fibers - Including: mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter 1 micrometer or less. (ID) --0.6610.5 NAFluorides, as F2.50.1670.125 7782-41-4Fluorine20.1330.1 944-22-9Fonofos0.10.0070.005 75-12-7Formamide3021.5 64-18-6Formic acid9.40.6270.47 98-01-1Furfural80.5330.4 98-00-0Furfuryl alcohol402.672 7782-65-2Germanium tetrahydride0.60.040.03 NAGlass, Fibrous or dust, see Fibrous glass dust 111-30-8Glutaraldehyde (CL)0.820.00470.041 556-52-5Glycidol7553.75 110-80-5Glycol monoethyl ether, see 2-Ethoxyethanol 7440-58-6Hafnium0.50.0330.025 110-43-02-Heptanone, see Methyl n-amyl ketone 106-35-43-Heptanone, see Ethyl butyl ketone 151-67-7Halothane40426.920.2 142-82-5Heptane (n-Heptane)164010982 77-47-4Hexachlorocyclopentadiene0.10.0070.005 1335-87-1Hexachloronaphthalene0.20.0130.010 684-16-2Hexafluoroacetone0.70.0470.035 822-06-0Hexamethylene diisocyanate0.030.0020.0015 680-31-9Hexamethylphosphoramide (WA)---0.0020.0015 110-54-3Hexane (n-Hexane)180129 591-78-62-Hexanone, see Methyl n-butyl ketone 108-10-1Hexone, see Methyl isobutyl ketone 108-84-9sec-Hexyl acetate3002015 107-41-5Hexylene glycol (CL)1210.8066.05 37275-59-5Hydrogenated terphenyls50.3330.25 10035-10-6Hydrogen bromide (CL)100.06670.5 7647-01-0Hydrogen chloride (CL)7.50.050.375 7722-84-1Hydrogen peroxide1.50.10.075 7783-06-4Hydrogen sulfide140.9330.7 123-31-9Hydroquinone20.1330.1 123-42-24-Hydroxy-4-Methyl-2-pentanone, see Diacetone alcohol 999-61-12 -Hydroxypropyl acrylate30.20.15 95-13-6Indene4532.25 7440-74-6Indium & compounds as In0.10.0070.005 7553-56-2Iodine (CL)0.10.00670.005 75-47-8Iodoform100.6670.5 1309-37-1Iron oxide fume (Fe2O3) as Fe50.3330.25 13463-40-6Iron pentacarbonyl as Fe0.80.0530.04 7439-89-6Iron salts, soluble, as Fe10.0670.05 123-92-2Isoamyl acetate5253526.25 123-51-3Isoamyl alcohol3602418 110-19-0Isobutyl acetate70046.735 78-83-1Isobutyl alcohol150106 26952-21-6Isooctyl alcohol2701813.5 78-59-1Isophorone281.8671.4 4098-71-9Isophorone diisocyanate0.090.0060.0045 109-59-1Isopropoxyethanol10575.25 108-21-4Isopropyl Acetate104069.352 67-63-0Isopropyl alcohol98065.349 75-31-0Isopropylamine120.80.6 643-28-7N-Isopropylaniline100.6670.5 108-20-3Isopropyl ether104069.352 4016-14-2Isopropyl glycidyl ether (IGE)2401612 1332-58-7Kaolin (respirable dust)20.1330.1 463-51-4Ketene0.90.060.045 7580-67-8Lithium hydride0.0250.0020.00125 546-93-0Magnesite100.6670.5 1309-48-4Magnesium oxide fume100.6670.5 121-75-5Malathion100.6670.5 108-31-6Maleic anhydride10.0670.05 7439-96-5Manganese as Mn Including: 7439-96-5Dust & compounds50.3330.25 7439-96-5Fume10.0670.05 101-68-8MDI, see Methylene diphenyl isocyanate NAMercaptans not otherwise listed (ID)---0.0330.025 141-79-7Mesityl oxide6043 79-41-4Methacrylic acid704.673.5 74-93-1Methanethiol, see Methyl mercaptan 67-56-1Methanol26017.313 16752-77-5Methomyl2.50.170.125 72-43-5Methoxychlor100.6670.5 109-86-42-Methoxyethanol161.070.8 110-49-62-Methoxyethyl acetate241.61.2 150-76-54-Methoxyphenol50.3330.25 108-65-61-methoxy-2-propyl acetate (ID)n/a243.6 79-20-9Methyl acetate61040.730.5 74-99-7Methyl acetylene164010982 NAMethyl acetylene-propadiene mix (MAPP)164010982 96-33-3Methyl acrylate352.331.75 126-98-7Methylacrylonitrile30.20.15 74-89-5Methylamine120.80.6 108-11-2Methyl amyl alcohol, see Methyl isobutyl carbinol 110-43-0Methyl n-amyl ketone23515.711.75 100-61-8N-Methyl aniline20.1330.1 74-83-9Methyl bromide191.270.95 591-78-6Methyl n-butyl ketone201.331 74-87-3Methyl chloride1036.8675.15 71-55-6Methyl chloroform191012795.5 137-05-3Methyl 2-cyano-acrylate80.5330.4 25639-42-3Methylcyclohexanol23515.711.75 583-60-8o-Methylcyclohexanone23015.311.5 8022-00-2Methyl demeton0.50.0330.01 101-68-8Methylenediphenyl diisocyanate (MDI)0.050.0030.0025 5124-30-1Methylene bis (4-cyclohexyl isocyanate)0.110.0070.0055 78-93-3Methyl ethyl ketone (MEK)59039.329.5 1338-23-4Methyl ethyl ketone peroxide (CL)1.50.010.0075 107-31-3Methyl formate24616.412.3 541-85-55-Methyl-3-heptanone, see Ethyl amyl ketone 110-12-3Methyl isoamyl ketone2401612 108-11-2Methyl isobutyl carbinol1046.935.2 108-10-1Methyl isobutyl ketone20513.710.25 624-83-9Methyl isocyanate0.050.0030.0025 563-80-4Methyl isopropyl ketone7054735.25 74-93-1Methyl mercaptan0.50.0330.025 80-62-6Methyl methacrylate41027.320.5 298-00-0Methyl parathion0.20.0130.01 107-87-9Methyl propyl ketone70046.735 681-84-5Methyl silicate60.40.3 98-83-9a-Methyl styrene2401610.20 109-87-5Methylal (dimethoxymethane)3110207155.5 108-87-2Methylcyclohexane161010780.5 21087-64-9Metribuzin50.3330.25 7786-34-7Mevinphos0.10.0070.005 12001-26-2Mica (Respirable dust)30.20.15 NAMineral Wool Fiber (no asbestos)100.6670.5 7439-98-7Molybdenum as Mo - Including:

NASoluble compounds50.3330.25 NAInsoluble compounds100.6670.5 108-90-7Monochlorobenzene, see Chlorobenzene 6923-22-4Monocrotophos0.250.0170.0125 110-91-8Morpholine704.670.35 300-76-5Naled30.20.15 91-20-3Naphthalene503.332.5 54-11-5Nicotine0.50.0330.025 1929-82-4Nitrapyrin100.6670.5 7697-37-2Nitric acid50.3330.25 100-01-6p-Nitroaniline30.20.15 98-95-3Nitrobenzene50.3330.25 100-00-5p-Nitrochlorobenzene30.20.15 79-24-3Nitroethane31020.715.5 7783-54-2Nitrogen trifluoride291.931.45 55-63-0Nitroglycerin0.460.0310.023 75-52-5Nitromethane503.3332.5 108-03-21-Nitropropane9064.5 99-08-1m (or) 3-Nitrotoluene110.7330.55 88-72-2o (or) 2-Nitrotoluene110.7330.55 99-99-0p (or) 4-Nitrotoluene110.7330.55 76-06-2Nitrotrichloromethane, see Chloropicrin 10024-97-2Nitrous oxide9064.5 111-84-2Nonane10507052.5 2234-13-1Octachloronaphthalene0.10.0070.005 111-65-9Octane140093.370 NAOil mist, mineral50.3330.25 20816-12-0Osmium tetroxide as OsO40.0020.00010.0001 144-62-7Oxalic acid10.0670.05 7783-41-7Oxygen difluoride (CL)0.110.00070.0005 8002-74-2Paraffin wax fume20.1330.1 4685-14-7Paraquat0.10.0070.007 NAParaquat, all Compounds0.10.0070.005 56-38-2Parathion0.10.0070.005 19624-22-7Pentaborane0.010.0010.0005 1321-64-8Pentachloronaphthalene0.50.0330.025 82-68-8Pentachloronitrobenzene0.50.03330.025 87-86-5Pentachlorophenol0.50.0330.025 109-66-0Pentane177011888.5 107-87-92-Pentanone, see Methyl propyl ketone 594-42-3Perchloromethyl mercaptan0.80.0530.04 7616-94-6Perchloryl Fluoride130.8670.65 93763-70-3Perlite100.6670.5 532-27-4Phenacyl chloride, see a-Chloroacetophenone 108-95-2Phenol191.270.95 92-84-2Phenothiazine50.3330.25 108-45-2m-Phenylenediamine0.10.00670.005 106-50-3p-Phenylenediamine0.10.0070.005 101-84-8Phenyl ether, vapor70.4670.035 122-60-1Phenyl glycidyl ether (PGE)60.40.3 108-98-5Phenyl mercaptan20.1330.1 638-21-1Phenylphosphine (CL)0.250.00170.00125 298-02-2Phorate0.050.0030.001 7786-34-7Phosdrin, see Mevinphos 75-44-5Phosgene0.40.0270.02 7803-51-2Phosphine0.40.0270.02 7664-38-2Phosphoric acid10.0670.05 7723-14-0Phosphorus0.10.0070.005 10025-87-3Phosphorus oxychloride0.60.040.030 10026-13-8Phosphorus penta-chloride10.0670.05 1313-80-3Phosphorus penta-sulfide10.0670.05 1314-56-3Phosphorus pentoxide (ID)--0.0670.05 7719-12-2Phosphorus trichloride1.50.10.075 85-44-9Phthalic anhydride60.40.3 626-17-5m-Phthalodinitrile50.3330.25 1918-02-1Picloram100.6670.5 88-89-1Picric acid0.10.0060.005 83-26-1Pindone0.10.0070.005 142-64-3Piperazine dihydro-chloride50.3330.25 83-26-12-Pivaloyl-l,3-indandione, see Pindone 7440-06-4Platinum - Including: 7440-06-4Metal10.0670.05 NASoluble salts, as Pt0.0020.00010.0001 65997-15-1Portland cement100.6670.5 1310-58-3Potassium hydroxide20.1330.1 107-19-7Propargyl alcohol2.30.1530.115 123-38-6Propionaldehyde (LA)0.430.02870.0215 79-09-4Propionic acid3021.5 114-26-1Propoxur (Baygon)0.50.0330.025 109-60-4n-Propyl acetate8405642 71-23-8Propyl alcohol50033.325 78-87-5Propylene dichloride34723.13317.35 6423-43-4Propylene glycol dinitrate0.340.0230.017 107-98-2Propylene glycol monomethyl ether3602418 75-56-9Propylene oxide483.22.4 627-13-4n-Propyl nitrate10575.25 8003-34-7Pyrethrum50.3330.25 110-86-1Pyridine1510.75 120-80-9Pyrocatechol, see Catechol 106-51-4Quinone0.40.0270.02 121-84-4RDX, see Cyclonite Refractory Ceramic Fibers (see entry for specific content of emissions, ex: silica) 108-46-3Resorcinol4532.25 7440-16-6Rhodium - Including: 7440-16-6Metal10.0670.05 NAInsoluble compounds, as Rh10.0670.05 NASoluble compounds, as Rh0.010.0010.0005 299-84-3Ronnel100.6670.5 83-79-4Rotenone (commercial)50.3330.25 8030-30-6Rubber solvent (Naphtha)159010679.5 14167-18-1Salcomine as CO0.10.0070.005 7782-49-2Selenium0.20.0130.010 NASelenium and compounds as Se0.20.0130.01 136-78-7Sesone100.6670.5 7803-62-5Silane, see silicon tetrahydride NASilica - amorphous - Including: 61790-53-2Diatomaceous earth (uncalcined)100.6670.5 112926-00-8Precipitated silica100.6670.5 112926-00-8Silica gel100.6670.5 NASilica, crystalline - Including: 14464-46-1Cristobalite0.050.00330.0025 14808-60-7quartz0.10.00670.005 60676-86-0silica, fused0.10.00670.005 15468-32-3 tridymite0.050.00330.0025 1317-95-9 Tripoli0.10.00670.005 7440-21-3Silicon100.6670.5 409-21-2Silicon carbide100.6670.5 7803-62-5Silicon tetrahydride70.4670.35 7440-22-4Silver - Including 7440-22-4Metal0.10.0070.005 7440-22-4 Soluble compounds, as Ag0.010.0010.005 26628-22-8Sodium azide (CL)0.30.0020.0015 7631-90-5Sodium bisulfite50.3330.25 136-78-7Sodium 2,4-dichloro-phenoxyethyl sulfate, see Sesone 62-74-8Sodium fluoroacetate0.050.0030.0025 1310-73-2Sodium hydroxide20.1330.1 7681-57-4Sodium metabisulfite50.3330.25 NAStearates (not including toxic metals)100.6670.5 7803-52-3Stibine0.50.0330.025 8052-41-3Stoddard solvent5253526.25 57-24-9Strychnine0.150.010.0075 60-41-3Strychnine sulfate as strichnine0.150.010.01 100-42-5Styrene monomer (ID)--6.671 1395-21-7 Subtilisins (Proteolytic enzymes as 100% pure crystalline enzyme)

0.000064.0E-073.0E-7 3689-24-5Sulfotep0.20.0130.01 7664-93-9Sulfuric acid10.0670.05 10025-67-9Sulfur monochloride (CL)60.040.03 5714-22-7Sulfur pentafluoride (CL)0.10.00070.0005 7783-60-0Sulfur tetrafluoride (CL)0.40.00270.002 2699-79-8Sulfuryl fluoride201.331 35400-43-2Sulprofos10.0670.05 8065-48-3Systox, see Demeton 93-76-52,4,5-Trichlorophen-oxyacetic acid (2,4,5,-T)100.6670.05 7440-25-7Tantalum50.3330.25 3689-24-5TEDP, see Sulfotep 13494-80-9Tellurium & Compounds as Te0.10.0070.005 7783-80-4Tellurium hexafluoride as Te0.20.0130.01 3383-96-8Temephos100.6670.5 107-49-3TEPP (Tetraethyl-pyrophosphate)0.050.0030.0025 26140-60-3Terphenyls4.70.3130.235 1335-88-2Tetrachloronaphthalene20.1330.10 78-00-2Tetraethyl Lead0.10.0070.005 597-64-8Tetraethyltin as organic tin0.10.0070.005 109-99-9Tetrahydrofuran59039.329.5 75-74-1Tetramethyl lead, as Pb0.150.010.0075 3333-52-6Tetramethyl succinonitrile30.20.15 509-14-8Tetranitromethane80.5330.4 7722-88-5Tetrasodium pyrophosphate50.3330.25 479-45-8Tetryl1.50.10.075 7440-28-0Thallium, soluble Compounds, as Tl0.10.0070.005 96-69-54,4-Thiobis (6-tert, butyl-m-cresol)100.6670.5 68-11-1Thioglycolic acid40.2670.2 7719-09-7Thionyl chloride (CL)4.90.03270.245 137-26-8Thiram50.3330.25 7440-31-5Tin - Including: 7440-31-5Metal20.1330.1 NAOxide & inorganic compounds, except SnH4, as Sn20.1330.1 NAOrganic compounds as Sn0.10.0070.005 108-88-3Toluene (toluol)3752518.75 584-84-9Toluene-2,4-di-isocyanate (TDI)0.040.0030.002 10-41-54p-Toluenesulfonic acid (ID)n/a0.0670.05 126-73-8Tributyl phosphate2.20.1470.11 76-03-9Trichloroacetic acid70.4670.35 120-82-11,2,4-Trichlorobenzene (CL)372.471.85 79-01-6Trichloroethylene26917.9313.45 1321-65-9Trichloronaphthalene50.3330.25 76-06-2Trichloronitromethane, See Chloropicrin 95-95-42,4,5-Trichlorophenol (MA)------0.0016 96-18-4l,2,3-Trichloropropane6043 121-44-8Triethylamine4.10.270.2 1582-09-8Trifluralin (PL3)---7.71.15 552-30-7Trimellitic anhydride0.040.0030.002 75-50-3Trimethylamine120.80.6 25551-13-7Trimethyl benzene (mixed and individual isomers)1238.26.15 540-84-12,2,4-Trimethyl-pentane35023.317.5 Note: ACGIH: American Conference of Government Industrial Hygienists; CAS: Chemical Abstract Service; CL:

Derived from ACGIH ceiling Limit UF = 10; ID. Idaho Department of Environmental Quality. Not OEL based; LA:

From LA Dept. of Environmental Quality. Not OEL based eight (8) hour TWA; MA: From MA Dept. of Environmental Protection, Div. of Air Quality Control. Not OEL based, annual averaging time, no UF; MI. From MI Dept. of Natural Resources, Air Quality Div. Based on toxicological data, annual averaging time, no UF.; NY: From New York Dept. of Conservation, Div. of Air Quality. Not OEL based, annual averaging. time no UF; OEL:

Reference Occupational Exposure Level; PL: From Phil. Dept. of Air Management Services. Not OEL based, annual. averaging time no UF; PL1: From Phil. Dept. of Air Management Services. Unspecified OEL based, annual averaging time, UF=10; PL2: From Phil. Dept. of Air Management Services. Not OEL based annual averaging. time, UF=10; PL3: From Phil. Dept. of Air Management Services. Not OEL based, annual averaging. time, UF=1000.;

TWA: Time Weighted Average; UF: Uncertainty Factor; WA: From Washington Dept. of Ecology, Air Programs.

Acceptable Source Impact Level based.(7-1-25) 121-45-9Trimethyl phosphite100.6670.5 479-45-82,4,6-Trinitrophenyl-methylnitramine, see Tetryl 78-30-8Triorthocresyl phosphate0.10.0070.005 603-34-9Triphenyl amine50.3330.25 115-86-6Triphenyl phosphate30.20.15 7440-33-7Tungsten - Including:

NAInsoluble compounds50.3330.25 NASoluble compounds10.0670.05 8006-64-2Turpentine56037.328 7440-61-1Uranium (natural) Soluble & insoluble compounds as U0.20.0130.01 110-62-3n-Valeraldehyde17511.78.75 1314-62-1 Vanadium, as V2O5 Respirable Dust & fume0.050.0030.0025 108-05-4Vinyl acetate352.31.75 25013-15-4Vinyl toluene2401612 8032-32-4VM & P Naphtha137091.368.5 81-81-2Warfarin0.10.0070.005 1330-20-7Xylene (o-, m-, p-isomers)4352921.75 1477-55-0m-Xylene a, a-diamine (CL)0.10.00070.0005 1300-73-8Xylidine2.51.670.125 7440-65-5Yttrium (Metal and compounds as Y)10.0670.05 7440-66-6Zinc metal (ID)--0.6670.5 7646-85-7Zinc chloride fume10.0670.05 1314-13-2Zinc oxide fume50.3330.05 1314-13-2Zinc oxide dust100.6670.5 7440-67-7Zirconium compounds as Zr50.3330.25

IDAPA 58.01.01.586 Toxic Air Pollutants Carcinogenic Increments

01.Toxic Air Pollutant Carcinogenic Increments. Those ambient air quality increments based on the probability of developing excess cancers over a seventy (70) year lifetime exposure to one microgram per cubic meter (1 ug/m3) of a given carcinogen and expressed in terms of a screening emission level or an acceptable ambient concentration for a carcinogenic toxic air pollutant.(7-1-25)

02.Carcinogen Table. The screening emissions levels (EL) and acceptable ambient concentrations (AACC) for carcinogens are as provided in the following table. The AACC in this section are annual averages.

(7-1-25) 75-07-0Acetaldehyde2.2E-063.0E-034.5E-01 79-06-1Acrylamide1.3E-035.1E-067.7E-04 107-13-1Acrylonitrile6.8E-059.8E-051.5E-02 309-00-2Aldrin4.9E-031.3E-062.0E-04 62-53-3Aniline7.4E-069.0E-041.4E-01 140-57-8Aramite7.1E-069.3E-041.4E-01 NAAroclor, all (PCB) (ID)---6.6E-051.0E-02 7440-38-2Arsenic compounds4.3E-031.5E-062.3E-04 1332-21-4Asbestos (Fibers /M.L.)2.3E-01N/A4.0E-06 71-43-2Benzene8.3E-068.0E-041.2E-01 92-87-5Benzidine6.7E-029.9E-081.5E-05 50-32-8Benzo(a)pyrene3.3E-032.0E-063.0E-04 7440-41-7Beryllium & compounds2.4E-042.8E-054.2E-03 106-99-01,3-Butadiene2.8E-042.4E-053.6E-03 111-44-4Bis (2-chloroethyl) ether3.3E-042.0E-053.0E-03 542-88-1Bis (chloromethyl) ether6.2E-021.0E-071.6E-05 108-60-1Bis (2-chloro-1-methyl- ethyl) ether2.0E-053.3E-045.0E-02 117-81-7Bis (2-ethylhexyl) phthalate2.4E-072.8E-024.2E+00 7440-43-9Cadmium and compounds1.8E-033.7E-065.6E-04 56-23-5Carbon tetrachloride1.5E-054.4E-046.7E-02 57-74-9Chlordane3.7E-041.8E-042.7E-03 67-66-3Chloroform2.3E-052.8E-044.3E-02 18540-29-9Chromium (VI) & compounds as Cr+61.2E-025.6E-078.3E-05 NA Coal Tar Volatiles as benzene NA Coke oven emissions6.2E-041.1E-051.6E-03 8001-58-9 Creosote (ID) See coal tar volatiles as  benzene extractables 50-29-3DDT (Dichlorodi phenyltrichloroethane)9.7E-056.8E-051.0E-02 96-12-81,2-Dibromo-3-chloropropane6.3E-031.0E-061.6E-04 75-34-31,1 dichloroethane2.6E-052.5E-043.8E-02 107-06-21,2 dichloroethane2.6E-052.5E-043.8E-02 75-35-41,1 dichloroethylene5.0E-051.3E-042.0E-02 75-09-2Dichloromethane (Methylenechloride)4.1E-061.6E-032.4E-01 542-75-61,3 dichloropropene4.0E-061.7E-032.5E-01 764-41-01,4-Dichloro-2-butene2.6E-032.5E-063.8E-04 60-57-1Dieldrin4.6E-031.4E-062.1E-04 56-53-1Diethylstilbestrol1.4E-014.7E-087.1E-06 123-91-11,4 dioxane1.4E-064.8E-037.1E-01 Dioxin and Furans (2,3,7,8,TCDD & mixtures) Dioxin and Furan emissions are considered as one TAP and expressed as an equivalent emission of 2,3,7,8, TCDD based on the relative potency of the isomers in accordance with US EPA guidelines. U.S. EPA, (2010) Recommended Toxicity Equivalence Factors (TEFs) for Human Health Risk Assessments of 2,3,7,8-Tetrachlorodibenzo-p-dioxin and Dioxin-Like Compounds. Risk Assessment Forum, Washington, DC. EPA/600/R-10/005. 122-66-71,2-Diphenylhydrazine2.2E-043.0E-054.5E-03 106-89-8Epichlorohydrin1.2E-065.6E-038.3E-01 106-93-4Ethylene dibromide2.2E-043.0E-054.5E-03 75-21-8Ethylene oxide1.0E-046.7E-051.0E-02 50-00-0Formaldehyde1.3E-055.1E-047.7E-02 76-44-8Heptachlor1.3E-035.1E-067.7E-04 1024-57-3Heptachlor Epoxide2.6E-032.5E-063.5E-04 118-74-1Hexachlorobenzene4.9E-041.3E-052.0E-03 87-68-3Hexachlorobutadiene2.0E-053.3E-045.0E-02 Hexachlorocyclo-hexane, Technical5.1E-041.3E-051.9E-03 319-84-6Hexachlorocyclohexane (Lindane) Alpha (BHC)1.8E-033.7E-065.6E-04 319-85-7Hexachlorocyclohexane (Lindane) Beta (BHC)5.3E-041.3E-051.8E-03 58-89-9Hexachlorocyclohexane (Lindane) Gamma (BHC)3.8E-041.7E-052.6E-03 67-72-1Hexachloroethane4.0E-061.7E-032.5E-01 302-01-2Hydrazine2.9E-032.3E-063.4E-04 10034-93-2Hydrazine Sulfate2.9E-032.2E-063.5E-04 56-49-53-methylcholanthrene2.7E-032.5E-063.7E-04 75-09-2Methylene Chloride4.1E-061.6E-032.4E-01 74-87-3Methyl chloride3.6E-061.9E-032.8E-01 101-14-44,4-Methylene bis(2-Chloroaniline)4.7E-051.4E-042.1E-02 60-34-4Methyl hydrazine3.1E-042.2E-053.2E-03 7440-02-0Nickel2.4E-042.7E-054.2E-03 12035-72-2Nickel Subsulfide4.8E-041.4E-052.1E-02 7440-02-0Nickel Refinery Dust2.4E-042.8E-054.2E-02 79-46-92-Nitropropane2.7E-022.5E-073.7E-05 55-18-5N-Nitrosodiethylamine (diethylnitrosoamine) (DEN)4.3E-021.5E-072.3E-05 62-75-9N-Nitrosodimethylamine1.4E-024.8E-077.1E-05 924-16-3N-Nitrosodi-n-butylamine1.6E-034.1E-066.3E-04 930-55-2N-Nitrosopyrolidine6.1E-041.1E-051.6E-03 684-93-5N-Nitroso-N-methylurea (NMU)3.5E-011.9E-082.9E-06 82-68-8Pentachloronitrobenzene7.3E-059.1E-051.4E-02 127-18-4Perchloroethylene (see tetrachloroethylene)

NA Polyaromatic Hydrocarbons (except 7-PAH group)7.3E-059.1E-051.4E-02 (Polycyclic Organic Matter or 7-PAH group) For emissions of the 7-PAH group, the following PAHs are considered together as one TAP, equivalent in potency to benzo(a)pyrene: benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenzo(a,h)anthracene, chrysene, indenol(1,2,3,cd)pyrene, benzo(a)pyrene. (WA) 23950-58-5Pronamide4.6E-061.5E-032.2E-01 50-55-5Reserpine3.0E-032.2E-063.3E-04 1746-01-6 2,3,7,8,-Tetrachlorodibenzo-p-dioxin (2,3,7,8, -TCDD)

4.5.E+011.5E-102.2E-08

Soots and Tars (ID) See coal tar volatiles as benzene extractables. 79-34-51,1,2,2,Tetrachloro-ethane5.8E-051.1E-051.7E-02 127-18-4Tetrachloroethylene4.8E-071.3E-022.1E+00 79-00-51,1,2 - trichloroethane1.6E-054.2E-046.2E-02 62-56-6Thiourea5.5E-041.2E-051.8E-03 8001-35-2Toxaphene3.2E-042.0E-053.0E-03 79-01-6Trichloroethylene1.3E-065.1E-047.7E-01 88-06-22,4,6 - Trichlorophenol5.7E-061.2E-031.8E-01 75-01-4Vinyl chloride7.1E-069.4E-041.4E-01 Note: CAS: Chemical Abstract Service; ID: Idaho Department of Environmental Quality. Not OEL based; URF:

Unit Risk Factor from EPA. WA: From Washington Dept. of Ecology, Air Programs. Acceptable Source Impact Level based.(7-1-25)

IDAPA 58.01.01.587 (Reserved)

IDAPA 58.01.01.592 Stage 1 Vapor Collection

Sections 592 through 598 set requirements for Stage 1 vapor collection systems. Stage 1 vapor collection is used during the refueling of underground gasoline storage tanks to reduce hydrocarbon emissions. Vapors in the tank, which are displaced by the incoming gasoline, are routed through a hose into the gasoline cargo tank and returned to the terminal for processing. Section 599 sets the requirements for gasoline cargo tanks that deliver gasoline to those required to install and operate Stage 1 vapor collection systems. These sections apply to gasoline dispensing facilities (GDF) and gasoline cargo tanks in Ada and Canyon Counties only. Nothing in these rules is intended to supersede or render inapplicable any federal, state, or local laws, including, but not limited to 40 CFR Part 63, Subpart CCCCCC.

IDAPA 58.01.01.593 Affected Equipment or Processes

01.Applicability. Sect ions 592 through 598 apply to transfers of gasoline to underground storage tanks with a tank capacity of ten thousand (10,000) gallons and not otherwise subject to 40 CFR 63.11118. The emission sources include the underground gasoline storage tanks and associated equipment components in vapor or liquid gasoline service at new, reconstructed, or existing GDFs. Pressure/vacuum vents on underground gasoline storage tanks and the equipment necessary to unload product from cargo tanks into the storage tanks at GDFs are covered emission sources.(3-28-23)

02.New Sources. A source is a new source if construction commenced on the source after April 1, 2009.(3-28-23)

03.Reconstructed Sources. A source is reconstructed if meeting the criteria for reconstruction as defined in 40 CFR 63.2, incorporated by reference in Section 107.(3-28-23)

04.Existing Sources. A source is an existing source if it is not new or reconstructed.(3-28-23)

IDAPA 58.01.01.594 Compliance Dates

For a new or reconstructed source, the owner or operator m ust comply with the standards in Sections 595 and 596 upon startup. Owners or operators of new sources must install dual point systems.(3-28-23)

IDAPA 58.01.01.595 Submerged Fill Requirements

The owner or operator must only load gasoline into underground storage tanks at the facility by utilizing submerged fi lling.(3-28-23)

01.Installed On or Before November 9, 2006. Submerged fill pipes installed on or before November 9, 2006, must be no more than twelve (12) inches from the bottom of the storage tank.(3-28-23)

02.Installed After November 9, 2006. Submerged fill pipes installed after November 9, 2006, must be no more than six (6) inches from the bottom of the storage tank.(3-28-23)

IDAPA 58.01.01.596 Vapor Balance Requirements

The owner or operator of a GDF must comply with the following:(3-28-23)

Loading. When loading an underground gasoline storage tank equipped with a vapor balance system, connect and ensure the proper operation of the vapor balance system whenever gasoline is being loaded.

02.Maintenance. Maintain all equipment associated with the vapor balance system to be vapor tight and in good working order.(3-28-23)

03.Inspection. Inspect the vapor balance equipment on an annual basis to discover potential or actual equipment failures. A log form is available on the Department’s website at http://www.deq.idaho.gov.(3-28-23)

04.Repair. Replace, repair or modify any worn or ineffective component or design element within twenty-four (24) hours to ensure the vapor-tight integrity and efficiency of the vapor balance system. If repair parts must be ordered, either a written or verbal order for those parts must be initiated within two (2) working days of detecting such a leak. Such repair parts must be installed within five (5) working days after receipt.(3-28-23)

IDAPA 58.01.01.597 Testing and Monitoring Requirements

The owner or operator of a GDF must comply with the following requirements within ninety (90) days of registration und er Section 598 and every three (3) years thereafter.(3-28-23)

01.Testing.(3-28-23)

a.The owner or operator must demonstrate compliance in accordance with 40 CFR 63.11120(a)(1).

b.The owner or operator must demonstrate compliance with the static pressure performance requirement, specified in item 1(h) of Table 1 to 40 CFR Part 63, Subpart CCCCCC, for the vapor balance system by conducting a static pressure test on the underground gasoline storage tanks using the test methods identified in paragraph 597.01.b.i. or 597.01.b.ii. in accordance with 40 CFR 63.11120(a)(2).(3-28-23)

02.Alternative Testing. The owner or operator of a GDF, choosing, under the provisions of 40 CFR 63.6(g), to use a vapor balance system other than that described in Table 1 to 40 CFR Part 63, Subpart CCCCCC, must demonstrate to the Department the equivalency of their vapor balance system to that described in Table 1 to 40 CFR Part 63, Subpart CCCCCC in accordance with 40 CFR 63.11120(b).(3-28-23)

IDAPA 58.01.01.598 Registration, Recordkeeping, and

REPORTING REQUIREMENTS.

01.Registration.

a.Any GDF subject to these rules must:(3-28-23)

i.Within thirty (30) days of installation of the Stage 1 vapor collection system, the owner or operator of the GDF must submit to the Department a registration that provides, at a minimum, the operation name and address, signature of the owner or operator in accordance with Section 123, the location of records and reports required by Subsections 598.02 and 598.03 (including contact person’s name, address and telephone number), the number of underground gasoline storage tanks, the number of gasoline tank pipe vents, and the date of completion of installation of the Stage 1 vapor collection system and pressure/vacuum relief valve; and(3-28-23)

ii.The registration certification must be displayed at the GDF.(3-28-23)

b.Upon modification of an existing Stage 1 vapor collection system or pressure/vacuum relief valve, the owner or operator of the GDF must submit to the Department a registration that details the changes to the information provided in the previous registration and includes the signature of the owner or operator. The registration must be submitted to the Department within thirty (30) days after completion of such modification.(3-28-23)

c.A new registration must be submitted to the Department within thirty (30) days after any change in ownership of the GDF.(3-28-23)

02.Recordkeeping Requirements.(3-28-23)

a.Each owner or operator must keep the following records:(3-28-23)

i.Records of all tests performed under Section 597;(3-28-23)

ii.Records related to the operation and maintenance of vapor balance equipment required under Section 596. Any vapor balance component defect must be logged and tracked by station personnel on a monthly basis using forms provided by the Department or a reasonable facsimile; and(3-28-23)

iii.Records of permanent changes made at the GDF and vapor balance equipment which may affect emissions.(3-28-23)

b.Records required under 598.02.a. must be kept for a period of five (5) years and must be made available for inspection by the Department upon request.(3-28-23)

03.Reporting Requirements. Each owner or operator subject to the management practices in Section 596 must report to the Department the results of all volumetric efficiency tests required under Section 597. Reports submitted under these rules must be submitted within thirty (30) days of the completion of the performance testing.

IDAPA 58.01.01.599 Gasoline Cargo Tanks

01.Prohibitions.

After a Stage 1 vapor collection system is installed and operating, owners or operators of gasoline cargo tanks that unload gasoline into an underground gasoline storage tank with a capacity of ten thousand (10,000) gallons or more, in Ada or Canyon Counties, must comply with Table 2 to 40 CFR Part 63, Subpart CCCCCC, incorporated by reference in Section 107.(3-28-23)

02.Recordkeeping and Reporting.(3-28-23)

a.The owner or operator of the gasoline cargo tank subject to Section 599 must maintain records of all certification testing and repairs. The records must identify the gasoline cargo tank; the date of the test or repair; and if applicable, the type of repair and the date of retest. The records must be maintained in a legible, readily available condition for at least two (2) years after the date of testing or repair was completed and must be available for inspection by the Department upon request.(3-28-23)

b.Copies of all tests required under Subsection 599.01 must be submitted to the Department within thirty (30) days of certification testing.(3-28-23)

IDAPA 58.01.01.600 Rules for Control of Open Burning

01.General. Secti ons 600 through 624 establish rules to protect human health and the environment from air pollutants resulting from open burning as well as to reduce the visibility impairment in mandatory Class I Federal Areas in accordance with the regional haze long-term strategy referenced at Section 667.(7-1-25)

02.Open Burning. Burning of matter where the products of combustion are emitted directly into the ambient air without passing through a stack, duct or chimney.(7-1-25)

IDAPA 58.01.01.601 Fire Permits, Hazardous Materials, and Liability

Compliance with the provisions of Sections 600 through 624 does not exempt or excuse any person from complying with applicable law s and ordinances of other jurisdictions responsible for fire control or hazardous material disposal or from liability for damages or injuries which may result from open burning.(3-28-23)

IDAPA 58.01.01.602 Nonpreemption of Other Jurisdictions

The provisions of Sections 600 through 624 are not intended to interfere with the rights of any city, county or other governmental entities or agencies to provide equal or more stringent control of open burning within their respective jurisdictions.(3-28-23)

IDAPA 58.01.01.603 General Requirements

No person may allow, cause or permit any open burning operation unless the materials burned fall within an allo wable category of open burning set forth in Sections 606-624, and do not contain any of the following prohibited materials listed in 603.01.(3-28-23)

01.Prohibited Materials. The fires must not include any of the following prohibited materials:

a.Garbage, as defined in IDAPA 58.01.06 “Solid Waste Management Rules”.(3-28-23)

b.Dead animals, animal parts, or animal wastes (feces, feathers, litter, etc.) except as provided in Section 616.(3-28-23)

c.Motor vehicles, or parts, or any materials resulting from a salvage operation, defined as any source consisting of any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers, or drums, and specifically including automobile graveyards and junkyards.(3-28-23)

d.Tires or other rubber materials or products.(3-28-23)

e.Plastics.(3-28-23)

f.Asphalt or composition roofing or any other asphaltic material or product.(3-28-23)

g.Tar, tar paper, waste or heavy petroleum products, or paints.(3-28-23)

h.Treated lumber or timbers coated with preservatives, paints or other protective material (3-28-23)

i.Trade waste, defined as any solid, liquid or gaseous material resulting from the construction or demolition of any structure, or the operation of any business, trade or industry including, but not limited to, wood product industry waste such as sawdust, bark, peelings, chips, shavings and cull wood, except as specifically allowed under Sections 600 through 624.(3-28-23)

j.Insulated wire.(3-28-23)

k.Pathogenic wastes.(3-28-23)

l.Hazardous wastes as classified according to IDAPA 58.01.05, “Rules and Standards for Hazardous Waste”.(3-28-23)

02.Air Quality Episodes. No person may allow, cause or permit any open burning during any level of an air quality episode declared by the Department in accordance with Sections 550 through 562.(3-28-23)

03.Emergency Authority. In accordance with Title 39, Chapter 1, Idaho Code, the Department has the authority to require immediate abatement of any open burning in cases of emergency requiring immediate action to protect human health or safety.(3-28-23)

IDAPA 58.01.01.604 (Reserved)

IDAPA 58.01.01.606 Categories of Allowable Burning

Sections 606 through 624 establish categories of allowabl e open burning and applicable requirements.(3-28-23)

IDAPA 58.01.01.607 Recreational and Warming Fires

Fires used for the preparation of food or for recreational purposes (e.g. campfires, ceremonial fires, and barbecues), or small fires set for handwarming purposes. A small fire is defined as a fire in which the material to be burned is not more than four (4) feet in diameter nor more than three (3) feet high.(3-28-23)

IDAPA 58.01.01.608 Weed Control Fires

Fires used for the purpose of weed abatement s uch as along fence lines, canal banks, rock piles and ditch banks.

IDAPA 58.01.01.609 Training Fires

Fires used by fire and land management agencies as trainin g for fire suppression and firefighting techniques, or to display certain fire ecology or fire behavior effects. Training facilities must notify the Department prior to igniting any training fires. Training fires must not be allowed to smolder after the training session has terminated. Training fires are exempt from Subsections 603.01.c. and 603.01.e. through 603.01.j.(3-28-23)

IDAPA 58.01.01.610 (Reserved)

IDAPA 58.01.01.611 Residential Yard Waste Fires

Fire used for the disposal of yard waste, as defined in the IDAPA 58.01.06, “Solid Waste Management Rules,” at resid ential locations so long as the burning is conducted on the property where the yard waste was generated and not prohibited by local ordinances or rules.(3-28-23)

IDAPA 58.01.01.612 Solid Waste Facility Fires

Fire used for the disposal of solid waste at any solid waste landfill disposal site or facility only if conducted in accordance with IDAPA 58.01.06, “Solid Waste Management Rules,” or Chapter 74, Title 39, Idaho Code. (3-28-23)

IDAPA 58.01.01.613 Orchard Fires

Fire used for the disposal of orchard clip pings when the burning is conducted on the property where the clippings were generated.(3-28-23)

IDAPA 58.01.01.614 Prescribed Fire

Prescribed fire when th e provisions of Section 614 are met.(3-28-23)

01.Prescribed Fire is defined as:

The controlled application of fire to wildland fuels in either their natural or modified state, under conditions of weather, fuel moisture and soil moisture that allow the fire to be confined to a predetermined area while producing the intensity of heat and rate of spread required to meet planned objectives, including:(3-28-23)

a.Fire hazard reduction;(3-28-23)

b.The control of pests, insects, or diseases;(3-28-23)

c.The promotion of range forage improvements;(3-28-23)

d.The perpetuation of natural ecosystems;(3-28-23)

e.The disposal of slash and woody debris resulting from any land management activity such as; logging operation, the clearing of rights of way, a land clearing operation, or a driftwood collection system;(3-28-23)

f.The preparation of planting and seeding sites for forest regeneration; and(3-28-23)

g.Other accepted natural resource management purposes.(3-28-23)

02.Burning Permits or Prescribed Fire Plans.(3-28-23)

a.Whenever a burning permit or prescribed fire plan is required by the Department of Lands, U.S.D.A. Forest Service, or any other state or federal agency responsible for land management, any person who conducts or allows prescribed fire must meet all permit and/or plan conditions and terms which control smoke.

b.The Department will seek interagency agreements to assure permits or plans issued by agencies referred to in Subsection 614.02.a. provide adequate consideration for controlling smoke from prescribed fire.

03.Smoke Management Plans for Prescribed Fire.(3-28-23)

a.Whenever a permit or plan is not required by the Department of Lands, U.S.D.A. Forest Service, or any other state or federal agency responsible for land management, any person who conducts or allows prescribed fire must meet all conditions set forth in a Smoke Management Plan for Prescribed Fire.(3-28-23)

b.The Department will develop and put into effect a Smoke Management Plan for Prescribed Fire consistent with the purpose of Sections 600 through 616.(3-28-23)

04.Rights-of-Way Fires. The open burning of woody debris generated during the clearing of rights of way must be open burned according to Section 38-125, Idaho Code and Sections 606 through 616 of these rules.

IDAPA 58.01.01.615 Dangerous Material Fires

Fires ignited under the direction of a public or military fire chi ef to dispose of materials that in their current condition present a danger to life, valuable property or the public welfare, or to prevent a fire hazard when no practical alternative method of disposal or removal exists.(3-28-23)

IDAPA 58.01.01.616 Infectious Waste Burning

Fires used to dispose of diseased animals or infested mat erial, upon the order of and under the direction of a public health officer, are exempt from Subsection 603.01.k.(3-28-23)

IDAPA 58.01.01.617 Crop Residue Disposal

Fire used to dispose of crop residue remaining in fields where the crops were grown if conducted in accordance with Section 39-114, Idaho Code, and Sections 618 through 624.(3-28-23)

IDAPA 58.01.01.618 Permit by Rule

No person may conduct an open burn of crop residue or pasture without obtaining the applicable permit by ru le. Those persons applying for a spot burn, baled agricultural residue burn, or propane flaming permit must comply with the provisions in Section 624. Registration for a permit by rule must be made using forms furnished by the Department, or by other means prescribed by the Department.(3-28-23)

IDAPA 58.01.01.619 Registration

Any person applying to burn crop residue must annually provide the following registration information to the Departm ent at least thirty (30) days prior to the date provided in 619.05:(3-28-23)

01.Location of Requested Burn. The legal description of the location of the requested burn, using longitude and latitude coordinates;(3-28-23)

02.Applicant Information. Name, mailing address, and telephone number of the applicant, and the person who will be responsible for conducting the proposed burning of crop residue and the portable form of communication referenced in Subsection 622.01.c. of this rule;(3-28-23)

03.Type and Acreage of Crop Residue Requested to be Burned. The crop type and total area over which burning will be conducted (acres);(3-28-23)

04.Preventive Measures. A description of the measures that will be taken to prevent escaped burns or withhold additional material such that the fire burns down, including but not limited to, the availability of water and plowed firebreaks; and(3-28-23)

05.Date of Burning. The anticipated date(s) when the field will be ready and requested to be burned.

IDAPA 58.01.01.620 Burn Fee

01.Burn Fee.

The burn fee in Section 39-114, Idaho Code, must be paid in its entirety within thirty (30) days following the receipt of the annual burn fee invoice. See also Subsection 624.02.a. for registration and fee requirements for burning under a spot and baled agricultural residue burn permit. Information for making payments is available at http://www.deq.idaho.gov.(3-28-23)

02.Effect of Delinquent Fee Payment. The Department will not accept or process a registration for a permit by rule to burn for any person or property location having burn fees delinquent, in full or in part.(3-28-23)

IDAPA 58.01.01.621 Burn Approval

01.Operating Guide.

The Department will develop a Crop Residue Operating Guide to assist in the decision process for approving burns.(3-28-23)

02.Permittee Approval Process. The permittee must obtain the Registration Receipt and Initial Permit Requirements from the Department at least twelve (12) hours in advance of the burn. The permittee must obtain final approval to burn from the Department the morning of the requested burn.(3-28-23)

03.Burn Approval Criteria. To approve a permittee’s request to burn, the Department must determine that ambient air quality levels do not exceed ninety percent (90%) of the ozone national ambient air quality standard (NAAQS) and seventy-five percent (75%) of the level of any other NAAQS on any day and are not projected to exceed such level over the next twenty-four (24) hours, and ambient air quality levels have not reached, and are not forecasted to reach and persist at, eighty percent (80%) of the one (1) hour action criteria for particulate matter under Section 556. In making this determination, the Department will consider the following:(3-28-23)

a.Expected emissions from all crop residue burns requested for the same dates;(3-28-23)

b.The proximity of other burns and potential emission sources within the area to be affected by the requested burn;(3-28-23)

c.Moisture content of the crop residue to be burned;(3-28-23)

d.Acreage, crop type, and fuel characteristics of the crop residue to be burned;(3-28-23)

e.Current and forecast meteorological conditions in the area of the requested burn;(3-28-23)

f.The proximity of the requested burn to institutions with sensitive populations, including public schools while in session; hospitals; residential health care facilities for children, the elderly or infirm; and other institutions with sensitive populations as approved by the Department. The Department will not approve a burn if conditions are such that institutions with sensitive populations will be adversely impacted or when the plume is predicted to impact such institutions;(3-28-23)

g.Proximity to public roadways;(3-28-23)

h.Proximity to airports; and(3-28-23)

i.Any other factors relevant to preventing exceedances of the air quality concentrations of Section

IDAPA 58.01.01.621 (3-28-23)

04.Notification of Approval. The Department will post all crop residue approvals on its website. The burn approvals will include written notification of the approval and any specific conditions under which the burn is approved. Special conditions may include, but are not limited to:(3-28-23)

a.Conditions for burns near institutions with sensitive populations;(3-28-23)

b.The requirement to withhold additional material such that the fire burns down if the Department determines pollutant concentrations reach the levels in Subsection 621.03 of this rule;(3-28-23)

c.Conditions to ensure the burn does not create a hazard for travel on a public roadway; and

d.The requirement to consult with the Department to determine actions to be taken if conditions at the burn site fail to satisfy the conditions specified in the notice of approval to burn.(3-28-23)

IDAPA 58.01.01.622 General Provisions

01.Burn Provisions.

All persons conducting crop residue burning must comply with the following:

a.Burning of crop residue must not be conducted on weekends, federal or state holidays, or after sunset or before sunrise;(3-28-23)

b.Burning of crop residue must not be conducted unless the Department has designated that day a burn day and the permittee has received individual approval in accordance with Subsection 621.02;(3-28-23)

c.The person conducting the burn must have in their possession a portable form of communication such as a cellular phone or radio of compatible frequency with the Department in order to receive burn approval information or information that might require measures to withhold additional material such that the fire burns down;

d.Crop residue must remain and be burned in the field where it was grown;(3-28-23)

e.When required by the conditions of the approval to burn, the permittee burning in proximity to institutions with sensitive populations must immediately extinguish the fire or withhold additional material such that the fire burns down, if the Department determines the burn is having or will have an adverse impact on such institutions;(3-28-23)

f.All persons burning crop residue must complete a grower crop residue burning training provided by the Department prior to their first burn and at least once every five (5) years thereafter;(3-28-23)

h.The use of reburn machines, propane flamers, or other portable devices to ignite or reignite a field for the purposes of crop residue burning is considered an allowable form of open burning;(3-28-23)

j.All persons burning crop residue must submit a burn report to the Department that includes the following: the date burning was conducted, actual number and location of acres burned, and other information as required by the Department. The Department may restrict further burning by a permittee until burn reports are submitted; and(3-28-23)

k.The open burning of crop residue must be conducted in accordance with the specific conditions in the permittee’s burn approval.(3-28-23)

02.Annual Report. The Department will develop an annual report that will include, at a minimum, an analysis of the causes of each exceedance of a limitation in Section 621 of this rule, if any, and an assessment of the circumstances associated with any reported endangerment to human health associated with a burn. The report will include any proposed revisions to these rules or the Crop Residue Operating Guide deemed necessary to prevent future exceedances.(3-28-23)

03.Advisory Committee. The Department will assemble an advisory committee consisting of representatives from environmental organizations, farming organizations, health organizations, tribal organizations, the Idaho State Department of Agriculture, the Idaho Department of Environmental Quality, and others to discuss open burning of crop residue issues.(3-28-23)

IDAPA 58.01.01.623 Public Notification

01.Designation of Burn Days.

The Department will designate for a given county or airshed within a county burn or no-burn days.(3-28-23)

02.Posting on Website. The Department will post daily on its website:(3-28-23)

a.Whether a given day is a burn or no-burn day;(3-28-23)

b.The location and number of acres permitted to be burned;(3-28-23)

c.Meteorological conditions and any real time ambient air quality monitoring data; and(3-28-23)

d.A toll-free number to receive requests for information (3-28-23)

03.E-Mail Update Service. The Department will provide an opportunity for interested persons to sign up to receive automatic e-mail updates for information regarding the open burning of crop residue.(3-28-23)

IDAPA 58.01.01.624 Spot and Baled Crop Residue Burn and Propane Flaming Requirements

01.Applicability.

a.Spot Burn. A spot burn includes no more than one (1) acre of evenly distributed crop residue or two (2) tons of piled crop residue. The open burning of weed patches, spots of heavy residue, equipment plugs and dumps, pivot corners of fields, and pastures may constitute a spot burn. Spot burn does not include the open burning of wind rows.(3-28-23)

b.Baled Crop Residue Burn. An open burn used to dispose of broken, mildewed, diseased, or otherwise pest-ridden bales still in the field where they were generated.(3-28-23)

c.Propane Flaming. The use of flame-generating equipment to briefly apply flame and/or heat to the topsoil of a cultivated field of pre-emerged or plowed-under crop residue with less than five hundred fifty (550) pounds of burnable, non-green residue per acre in order to control diseases, insects, pests, and weed emergence.

02.Spot and Baled Crop Residue Burn Permit.(3-28-23)

a.Any person applying for a spot and baled crop residue burn permit under Section 624 must:

i.Provide the registration information listed in Subsections 619.01 and 619.02; and(3-28-23)

ii.Pay a nonrefundable fee of twenty dollars ($20) to the Department (see Section 620) at least fourteen (14) days prior to the date the applicant proposes to conduct the first burn of the calendar year.(3-28-23)

b.A spot and baled crop residue burn permit is valid for the calendar year in which it is issued and permits:(3-28-23)

i.Burning of a cumulative total of no more than ten (10) acres of spots and/or equivalent piled or baled crop residue during the year; and(3-28-23)

ii.No more than one (1) acre of spots and/or equivalent piled or baled crop residue per day. Two (2) tons of piled or baled crop residue is assumed to be equivalent to one (1) acre.(3-28-23)

03.Propane Flaming. Persons conducting propane flaming as defined under Subsection 624.01.c. must comply with the applicable provisions in Subsections 624.04 and 624.05.(3-28-23)

04.General Provisions. All persons intending to burn under Section 624 must comply with the provisions of Subsections 622.01.c., 622.01.d., 622.01.f., through 622.01.i., and 622.01.k. in addition to the

a.The permittee is responsible to ensure that adequate measures are taken so the burn does not create a hazard for travel on a public roadway.(3-28-23)

b.Burning is not allowed if the burn location is within three (3) miles of an institution with a sensitive population and the surface wind speed is greater than twelve (12) miles per hour or if the smoke is adversely impacting or is expected to adversely impact an institution with a sensitive population.(3-28-23)

c.Burning must not be conducted unless the Department has designated that day a burn day, which for purposes of Section 624 may include weekends and holidays, and the permittee burns within the burn window provided on the Department’s website. Spot and baled crop residue burns must not smolder and create smoke outside of the designated time period burning is allowed.(3-28-23)

05.Recordkeeping. Permittees must record the date, time frame, type of burn, type of crop, and amount burned on the date of the burn. Records of such burns must be retained for two (2) years and made available to the Department upon request.(3-28-23)

IDAPA 58.01.01.625 Visible Emissions

A person must not discharge any air pollutant into the atmosphere from any point of emission for a period or periods aggregating more than three (3) mi nutes in any sixty (60) minute period which is greater than twenty percent (20%) opacity as determined by this section.(3-28-23)

01.Exemptions. The provisions of this section will not apply to:(3-28-23)

a.Kraft Process Lime Kilns, if operating prior to January 24, 1969; or(3-28-23)

b.Carbon Monoxide Flare Pits on Elemental Phosphorous Furnaces, if operating prior to January 24, 1969; or(3-28-23)

c.Liquid Phosphorous Loading Operations, if operating prior to January 24, 1969; or(3-28-23)

d.Kraft Process Recovery Furnaces; or(3-28-23)

e.Calcining Operations Utilizing an Electrostatic Precipitator to Control Emissions, if operating prior to January 24, 1969.(3-28-23)

02.Standards for Exempted Sources. For sources exempted from the provisions of this section, a person must not discharge into the atmosphere from any point of emission, for any air pollutant for a period or periods aggregating more than three (3) minutes in any sixty (60) minute period which is greater than forty percent (40%) opacity as determined by this section.(3-28-23)

03.Exception. The provisions of this section do not apply when the presence of uncombined water, nitrogen oxides and/or chlorine gas are the only reason(s) for the failure of the emission to comply with the requirements of this rule.(3-28-23)

04.Test Methods and Procedures. The appropriate test method under this section is EPA Method 9 (contained in 40 CFR Part 60) with the method of calculating opacity exceedances altered as follows:(3-28-23)

a.Opacity evaluations must be conducted using forms available from the Department or similar forms approved by the Department.(3-28-23)

b.Opacity must be determined by counting the number of readings in excess of the percent opacity limitation, dividing this number by four (4) (each reading is deemed to represent fifteen (15) seconds) to find the number of minutes in excess of the percent opacity limitation. This method is described in the Procedures Manual for Air Pollution Control, Section II (Evaluation of Visible Emissions Manual), September 1986.(3-28-23)

c.Sources subject to New Source Performance Standards must calculate opacity as detailed above and as specified in 40 CFR Part 60.(3-28-23)

05.Applicability. Section 625 does not apply to the open burning of crop residue.(3-28-23)

IDAPA 58.01.01.626 (Reserved)

IDAPA 58.01.01.650 Rules for Control of Fugitive Dust

The purpose of Sections 650 through 652 is to require that all reasonable precautions be taken to prevent the generatio n of fugitive dust defined as fugitive emissions composed of particulate matter.(3-28-23)

IDAPA 58.01.01.651 General Rules

All reasonable precautions must be taken to prevent particulate matter from becoming airborne. In determining what is reasonable, consideration will be given to factors such as the proximity of dust emitting operations to human habitations and/or activities, the proximity to mandatory Class I Federal Areas and atmospheric conditions that might affect the movement of particulate matter. Some of the reasonable precautions may include, but are not limited to, the

01.Use of Water or Chemicals. Use, where practical, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land.

02.Application of Dust Suppressants. Application, where practical, of asphalt, oil, water or suitable chemicals to, or covering of dirt roads, material stockpiles, and other surfaces that can create dust.(3-28-23)

03.Use of Control Equipment. Installation and use, where practical, of hoods, fans and fabric filters or equivalent systems to enclose and vent the handling of dusty materials. Adequate containment methods should be employed during sandblasting or other operations.(3-28-23)

04.Covering of Trucks. Covering, when practical, open bodied trucks transporting materials likely to give rise to airborne dusts.(3-28-23)

05.Paving. Paving of roadways and their maintenance in a clean condition, where practical. (3-28-23)

06.Removal of Materials. Prompt removal of earth or other stored material from streets, where practical.(3-28-23)

IDAPA 58.01.01.652 Agricultural Activities

For agricultural activity purp oses, operating in conformance with generally recognized agricultural practices constitutes reasonable control of fugitive dust. For the purpose of Section 652:(3-28-23)

01.Agricultural Activity. An “agricultural activity” means any activity that is exempt from the requirement to obtain a permit to construct under Subsection 222.02.f., wherein “agricultural activities and services” is defined in Section 007, that occurs in connection with the production of agricultural products for food, fiber, fuel, feed and other lawful purposes, and including, but not limited to:(3-28-23)

a.Preparing land for agricultural production;(3-28-23)

b.Applying or handling pesticides herbicides, or other chemicals, compounds or substances labeled for insects, pests, crops, weeds, water or soil;(3-28-23)

c.Planting, irrigating, growing, fertilizing, harvesting or producing agricultural, horticultural, floricultural and viticulture crops, fruits and vegetable products, field grains, seeds, hay, sod and nursery stock, and other plant products, plant by-products, plant waste and animal compost;(3-28-23)

d.Breeding, hatching, raising, producing, feeding and keeping livestock, dairy animals, swine, furbearing animals, poultry, eggs, fish and other aquatic species, and other animals, animal products and animal byproducts, animal waste, animal compost, and bees, bee products and bee by-products;(3-28-23)

e.Transporting agricultural products to or from an agricultural facility;(3-28-23)

f.Grinding, chopping, cubing, or any other means of preparing or converting a commodity for animal feed; and(3-28-23)

g.Piling, stacking or other means of storing commodities outdoors.(3-28-23)

02.Generally Recognized Agricultural Practices. “Generally recognized agricultural practices” means economically feasible practices that are customary among or appropriate to farms and ranches of a similar nature in the local area. In determining whether an agricultural activity is consistent with generally recognized agricultural practices, the Idaho Department of Environmental Quality will consult with the Idaho Department of Agriculture.(3-28-23)

IDAPA 58.01.01.653 (Reserved)

IDAPA 58.01.01.665 Regional Haze Rules

Sections 665 through 667 address regional haze visibility impairment in mandatory Class I Federal Areas in accordance with 40 CFR 51.301, 307, and 308 incorporated by reference in Section 107.(3-28-23)

IDAPA 58.01.01.666 Reasonable Progress Goals

The Department will establish reasonable progress goals expressed in deciviews for each mandatory Clas s I Federal Area located within Idaho.(3-28-23)

IDAPA 58.01.01.667 Long-Term Strategy for Regional Haze

The Department will submit to EPA a long-term strategy that meets the requirements in 40 CFR 51.308(d)(3) and (f)(2).(3-28-23)

IDAPA 58.01.01.668 (Reserved)

IDAPA 58.01.01.675 Fuel Burning Equipment -- Particulate Matter

Sections 675 through 681 establish particulate matter emission standards for fuel burning equipment.(3-28-23)

IDAPA 58.01.01.676 Standards for New Sources

A person must not discharge into the atmosphere from any fuel bu rning equipment with a maximum rated input of ten (10) million BTU's per hour or more, and commencing operation on or after October 1, 1979, particulate matter in excess of the concentrations shown in the following table:

The effluent gas volume must be corrected to the oxygen concentration shown.(3-28-23)

IDAPA 58.01.01.677 Standards for Minor and Existing Sources

A person must not discharge into the atmosphere from any fuel burning equipment in operation prior to October 1, 1979, or with a maximum rated input of less than ten (10) million BTU per hour, particulate matter in excess of the concentrations shown in the following table:

FUEL TYPEALLOWABLE PARTICULATE gr/dscfEMISSIONS Oxygen Gas.0153% Liquid.0503% Coal.0508% Wood Product.0808% FUEL TYPEALLOWABLE PARTICULATE gr/dscfEMISSIONS Oxygen Gas.0153% Liquid.0503% Coal.1008% Wood Product.2008% The effluent gas volume must be corrected to the oxygen concentration shown.(3-28-23)

IDAPA 58.01.01.678 Combinations of Fuels

When two (2) or more types of fuel are burned concurrently, the allowable emission are determined by proportioning the gross heat input and emission standards for each fuel.(3-28-23)

IDAPA 58.01.01.679 Averaging Period

For purposes of Sections 675 through 680, emissions are averaged according to the following, whichever is the lesser period of time:(3-28-23)

01.One Cycle. One (1) complete cycle of operation; or(3-28-23)

02.One Hour. One (1) hour of operation representing worst-case conditions for the emission of particulate matter.(3-28-23)

IDAPA 58.01.01.680 Altitude Correction

For purposes of Sections 675 through 680, standard conditio ns must be adjusted for the altitude of the source by subtracting one-tenth (0.10) of an inch of mercury for each one hundred (100) feet above sea level from the standard atmospheric pressure at sea level of twenty-nine and ninety-two one hundredths (29.92) inches of mercury. (3-28-23)

IDAPA 58.01.01.681 Test Methods and Procedures

The appropriate test method under Sections 675 through 680 is EPA Method 5 contained in 40 CFR Part 60 or such comparable and equivalent method approved in accordance with Subsection 157.02.d. Test methods and procedures must also comply with Section 157.(3-28-23)

IDAPA 58.01.01.682 (Reserved)

IDAPA 58.01.01.700 Particulate Matter -- Process Weight Limitations

01.Particulate Matter Emission Limitations. Section s 700 through 703 establish particulate matter emission limitations for process equipment and include the following definitions:(3-28-23)

a.Process weight is defined as the total weight of all materials introduced into any source operation that may cause any emissions of particulate matter. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air. Water that occurs naturally in the feed material is considered part of the process weight.(3-28-23)

b.Process weight rate is established as follows:(3-28-23)

i.For continuous or long-run steady-state source operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof; and(3-28-23)

ii.For cyclical or batch source operations, the total process weight for a period that covers a complete cycle of operation or an integral number of cycles, divided by the hours of actual process operation during such a period. Where the nature of any process or operation or the design of any equipment is such as to permit more than one (1) interpretation of this definition, the interpretation that results in the minimum value for allowable emission applies.(3-28-23)

02.Minimum Allowable Emission. Notwithstanding the provisions of Sections 701 and 702, no source will be required to meet an emission limit of less than one (1) pound per hour.(3-28-23)

03.Averaging Period. For the purposes of Sections 701 through 703, emissions must be averaged according to the following, whichever is the lesser period of time:(3-28-23)

a.One (1) complete cycle of operation; or(3-28-23)

b.One (1) hour of operation representing worst-case conditions for the emissions of particulate matter.(3-28-23)

04.Test Methods and Procedures. The appropriate test method under Sections 700 thought 703 is EPA Method 5 contained in 40 CFR Part 60 or such comparable and equivalent methods approved in accordance with Subsection 157.02.d. Test methods and procedures must comply with Section 157.(3-28-23)

IDAPA 58.01.01.701 Particulate Matter -- New Equipment Process Weight Limitations

01.General Restrictions. No perso n may emit into the atmosphere from any process or process equipment commencing operation on or after October 1, 1979, particulate matter in excess of the amount shown by the following equations, where E is the allowable emission from the entire source in pounds per hour, and PW is the process weight in pounds per hour.(3-28-23)

a.If PW is less than 9,250 pounds per hour,(3-28-23)

E = 0.045(PW)0.60

b.If PW is equal to or greater than 9,250 pounds per hour,(3-28-23)

E = 1.10(PW)0.25

02.Exemption. The provisions of Section 701 do not apply to fuel burning equipment.(3-28-23)

03.Emission Standards. The following table illustrates the emission standards set forth in Section 701.

IDAPA 58.01.01.702 Particulate Matter -- Existing Equi

PMENT PROCESS WEIGHT LIMITATIONS.

01.General Restrictions. No person may emit into the atmosphere from any process or process equipment operating prior to October 1, 1979, particulate matter in excess of the amount shown by the following equations, where E is the allowable emission from the entire source in pounds per hour, and PW is the process weight in pounds per hour:(3-28-23)

ALLOWABLE lb/hrlb/hrlb/hrlb/hr 175 or less120,00013.08 2001.0840,00015.56 4001.6460,00017.22 6002.0980,00018.50 8002.40100,00019.56 1,0002.84200,00023.26 2,0004.30400,00027.66 4,0006.52600,00030.61 6,0008.32800,00032.90 8,0009.891,000,00034.79 10,00011.002,000,00041.37

a.If PW is less than 17,000 pounds per hour,(3-28-23)

E = 0.045 (PW)0.60

b.If PW is equal to or greater than 17,000 pounds per hour,(3-28-23)

E = 1.12 (PW)0.27.

02.Exemptions. The provisions of Section 702 do not apply to:(3-28-23)

a.Fuel burning equipment; or(3-28-23)

b.Equipment used exclusively to dehydrate sugar beet pulp or alfalfa.(3-28-23)

03.Emission Standards. The following table illustrates the emission standards set forth in Section 702.

IDAPA 58.01.01.703 Particulate Matter -- Other Processes

01.Other Processes. No person with processes exempt under Subsection 702.02.b. may emit particulate matter to the atmosphere from any process or process equipment in excess of the amount shown in the following equations, where E is the total rate of emission from all emission points from the source in pounds per hour and P is the process weight rate in pounds per hour.(3-28-23)

a.If P is less than sixty thousand (60,000) pounds per hour, E = 0.02518(P) 0.67

b.If P is greater than or equal to sixty thousand (60,000) pounds per hour, E = 23.84(P) 0.11 - 40

02.Emission Standards. The following table illustrates the emission standards set forth in Section 703. lb/hrlb/hrlb/hrlb/hr 175 or less120,00016.24 2001.0840,00019.58 4001.6460,00021.84 6002.0980,00023.61 8002.48100,00025.07 1,0002.84200,00030.23 2,0004.30400,00036.46 4,0006.52600,00040.67 6,0008.32800,00043.96 8,0009.891,000,00046.69 10,00011.302,000,00056.30

IDAPA 58.01.01.704 (Reserved)

IDAPA 58.01.01.725 Rules for Sulfur Content of Fuels

The reference test method for measuring fuel sulfur content is ASTM method, D129-95 Standard Test for Sulfur in Petroleum Products (General Bomb Method) or such comparable and equivalent method approved in accordance with Subsection 157.02.d. Test methods and procedures must comply with Section 157.(3-28-23)

01.Definitions.(3-28-23)

a.ASTM. American Society for Testing and Materials.(3-28-23)

b.Distillate Fuel Oil. Any oil meeting the specifications of ASTM Grade 1 or Grade 2 fuel oils.

c.Residual Fuel Oil. Any oil meeting the specifications of ASTM Grade 4, Grade 5 and Grade 6 fuel oils.(3-28-23)

02.Residual Fuel Oils. No person may sell, distribute, use or make available for use, any residual fuel Process Weight Rate Rate of Emission Process Weight Rate Rate of Emission Lb/HrLb/HrLb/HrLb/Hr 1000.55116,00016.5 2000.87718,00017.9 4001.4020,00019.2 6001.8330,00025.2 8002.2240,00030.5 1,0002.5850,00035.4 1,5003.3860,00040.0 2,0004.1070,00041.3 2,5004.7680,00042.5 3,0005.3890,00043.6 3,5005.96100,00044.6 4,0006.52120,00046.3 5,0007.58140,00047.8 6,0008.56160,00049.0 7,0009.49200,00051.2 8,00010.41,000,00069.0 9,00011.22,000,00077.6 10,00012.06,000,00092.7 12,00013.6 oil containing more than one and three-fourths percent (1.75%) sulfur by weight.(3-28-23)

03.Distillate Fuel Oil. No person may sell, distribute, use or make available for use, any distillate fuel oil containing more than the following percentages of sulfur:(3-28-23)

a.ASTM Grade 1. ASTM Grade 1 fuel oil - zero point three percent (0.3%) by weight.(3-28-23)

b.ASTM Grade 2. ASTM Grade 2 fuel oil - zero point five percent (0.5%) by weight.(3-28-23)

04.Coal. No person may sell, distribute, use or make available for use, any coal containing greater than one percent (1.0%) sulfur by weight.(3-28-23)

05.Alternative. The Department may approve in a permit issued in accordance with these rules an alternative fuel sulfur content if the applicant demonstrates that, through control measures or other means, sulfur dioxide emissions (based on a one (1) hour averaging period) are equal to or less than those resulting from the combustion of fuels complying with the limitations of Subsections 725.01 through 725.04.(3-28-23)

IDAPA 58.01.01.726 (Reserved)

IDAPA 58.01.01.750 Rules for Control of Fluoride Emissions

This section prevents the emission of fluorides such that the accumulation of fluorine in feed and forage for livestock does not exceed the safe limits specified below.(3-28-23)

01.Emission Limitations -- Phosphate Fertilizer Plants. No person may allow, suffer, cause or permit the discharge into the atmosphere of total fluoride emissions in gaseous and in particulate form, expressed as fluoride (F-), from the phosphate fertilizer plant sources listed in Subsection 750.03 in excess of thirty hundredths (0.30) pounds of fluoride per ton of P2O5 input to the calciner operation, calculated at maximum rated capacity.

02.Monitoring, Testing, and Reporting Requirements. Compliance with Subsection 750.01 will be adjudged upon the results of the continuing program of fluoride sampling of potential grazing areas and alfalfa growing areas required by the Department. Sampling conducted by any person subject to Section 750 will be accepted for determining compliance with Subsection 750.01 if such sampling is conducted at sites approved by the Department in advance of sampling, using analytical procedures appearing in the Procedures Manual for Air Pollution Control, Section I (Source Test Methods) or equivalent methods approved by the Department in advance of sampling. Compliance with Subsection 750.01 must be demonstrated by testing methods approved in advance by the Department. When approved by the Department in advance of sampling, engineering calculations may be submitted in lieu of emission data. Monitoring and reporting requirements will be included in operating permits granted to each facility.(3-28-23)

03.Source Specific Permits. To assure compliance with Subsection 750.01, the Department will specify methods for calculating total allowable emissions and issue source specific permits containing emission limitations for the following sources within phosphate fertilizer plants:(3-28-23)

a.Calciner operation; and(3-28-23)

b.Wet phosphoric acid plants; and(3-28-23)

c.Super phosphoric acid production; and(3-28-23)

d.Diammonium phosphate plants; and(3-28-23)

e.Monoammonium phosphate production; and(3-28-23)

f.Triple super phosphate (mono calcium phosphate) production.(3-28-23)

04.Exemptions. The provisions of Subsections 750.01, 750.02, and 750.03 do not apply to any phosphate fertilizer facility that produces mono ammonium phosphate exclusively if no animal feed is grown or if no animal grazing occurs or if the animal feed and forage meets the ambient air quality standards for fluorides specified in Section 577 within a three (3) mile radius of such facility. This exemption only applies if the owner or operator of the facility, on an annual basis:(3-28-23)

a.Conducts a fluoride sampling program of potential grazing areas at locations approved in advance of sampling by the Department, using analytical techniques appearing in the Procedures Manual for Air Pollution Control, Section I (Source Test Methods); and(3-28-23)

b.Submits the results of such sampling program to the Department as soon as they become available.

IDAPA 58.01.01.751 (Reserved)

IDAPA 58.01.01.760 Rules for the Control of Ammonia from Dairy Farms

Sections 760 through 764 establish the requirements for the co ntrol of ammonia through best management practices (BMPs) for certain size dairy farms licensed by the Idaho State Department of Agriculture to sell raw milk for human consumption. Compliance with these sections does not relieve the owner or operator of a dairy farm from the responsibility of complying with all other federal, state and local applicable laws, regulations, and requirements, including, but not limited to, Sections 161, 650 and 651. Registration forms and guidance documents relating to these rules are located at www.deq.idaho.gov.(3-28-23)

IDAPA 58.01.01.761 General Applicability

The requirements of Sections 760 through 764 apply to the following size dairy farms:

IDAPA 58.01.01.762 Permit by Rule

01.General Requirement.

Owners and operators of dairy farms are deemed to have a permit by rule if they comply with all of the applicable provisions of Sections 760 through 764. Owners and operators of dairy farms subject to Sections 760 through 764 must not operate without obtaining the applicable permit by rule within the time frame specified.(3-28-23)

Animal Unit (AU) BasisDrylotFree Stall/ScrapeFree Stall/Flush AU (100 t NH ) Threshold No land app70893893 27% volatilization 168423827 80% volatilization 263973700 Cow Basis (1400 lbs)DrylotFree Stall/ScrapeFree Stall/Flush Total Cows (100 t NH ) Threshold No land app50632781 27% volatilization 148872733 80% volatilization 245692643 1Assumes: Expected level of N->NH volatilization for: drop-hose or ground level liquid manure application 2Assumes: Expected level of N->NH volatilization for: center pivot or other conventional sprinkler irrigation liquid manure application

02.Optional Permit by Rule. Nothing in Sections 760 through 764 precludes any owner or operator of a dairy farm from requesting and obtaining an air quality permit pursuant to Section 200, nor do Sections 760 through 764 preclude an owner or operator of a dairy farm below the threshold size in Section 761 from complying with Sections 760 through 764 and thereby obtaining a permit by rule.(3-28-23)

03.Exemption. If a dairy farm not subject to Sections 760 through 764 otherwise would become subject to those sections as a result of an emergency, the dairy farm must notify the Department in writing within fourteen (14) days of the emergency. The notification must include an explanation of the emergency circumstances.

The dairy farm is exempt from the requirements of Sections 760 through 764 as long as the consequences of the emergency continue (but in no case for more than one (1) year) unless for good cause the Department determines it is appropriate to limit, condition or revoke the exemption. For the purpose of this rule “emergency” is defined as a serious situation or occurrence that happens unexpectedly and demands immediate action.(3-28-23)

IDAPA 58.01.01.763 Registration for Permit by Rule

01.Registration Process.

Any owner or operator of a new dairy farm subject to sections 760 through 764, or an existing dairy farm that becomes subject to these sections due to change in size or type of operation, must register prior to fifteen (15) days of triggering the threshold for which a permit is required.(3-28-23)

02.Registration Due Date. Any owner or operator of an existing dairy farm subject to Sections 760 through 764 must register within fifteen (15) days of the effective date of Sections 760 through 764.(3-28-23)

03.Registration Information. The following information must be provided by the registrant to the Department of Environmental Quality and the Department of Agriculture:(3-28-23)

a.Name, address, location of dairy farm, and telephone number.(3-28-23)

b.Information sufficient to establish that the dairy farm is of the size and type described in Section

IDAPA 58.01.01.761 (3-28-23)

c.Information describing what BMPs, as described in Section 764, are employed to total twentyseven (27) points.(3-28-23)

04.Exemption from Registration Fee. Dairy farms subject to Sections 760 through 764 are exempt from paying the permit by rule registration fee set forth in Section 800.(3-28-23)

05.Inspection. Within thirty (30) days of receipt of the registration information, the state of Idaho will conduct a qualifying inspection to ensure the requisite point total of BMPs are employed.(3-28-23)

IDAPA 58.01.01.764 Dairy Farm Best Management Practices

01.BMPs. Each dairy farm subject to Sections 760 through 764, or that otherwise obtains a permit by rule under these sections, must employ BMPs for the control of ammonia to total twenty-seven (27) points. Points may be obtained through third party export with sufficient documentation. The table located at Subsection 764.02. lists available BMPs and the associated point value. As new information becomes available or upon request, the Department may determine a practice not listed in the table constitutes a BMP and assign a point value.(3-28-23)

02.Table - Ammonia Control Practices for Idaho Dairies.

Waste Storage and Treatment Systems Synthetic Lagoon Cover1520201 GeoteXtile Covers1013131 Solids Separation3333, 4 Composting4441 Separate Slurry and Liquid Manure Basins 610-1 In-House Separation01201 Direct Utilization of Collected Slurry610-1, 3, 4 Direct Utilization of Parlor Wastewater1010101 Direct Utilization of Flush Water8013 3, 4 Anaerobic Digester---- Anaerobic Lagoon---- Aerated Lagoon1012152 Sequencing-Batch Reactor1520202 Lagoon Nitrification/Denitrification Systems 1520202 Fixed-Media Aeration Systems1520202 Zeolite Treatment of Liquid Manure 1lb/ cow/day Zeolite Treatment of Liquid Manure 2lb/ cow/day 810102 General Practices Vegetative or Wooded Buffers  (established)

Vegetative or Wooded Buffers  (establishing)

Alternatives to Copper Sulfate---- Barns Scrape Built Up Manure-331 Frequent Manure RemovalUDUDUD- Tunnel Ventilation---- Tunnel Ventilation w/Biofilters -10101 Tunnel Ventilation w/Washing Wall-10103, 4 Open Lots and Corrals Rapid Manure Removal4221, 2 Corral Harrowing4221 Surface Amendments10552 In-Corral Composting / Stockpiling4221 Summertime Deep Bedding10551 Animal Nutrition Manage Dietary Protein2222 Composting Practices Alum Incorporation12862 Carbon:Nitrogen Ratio (C:N) Ratio Manipulation 107.552 Composting with Windrows---- Composting Static Pile64.531 Forced Aeration Composting107.551 Forced Aeration Composting with Biofilter 12861 Zeolite Incorporation12862 Land Application Soil Injection - Slurry10157.52 Incorporation of Manure within 24 hrs1010102 Incorporation of Manure within 48 hrs5552 Nitrification of Lagoon Effluent1010153, 4 Low Energy/Pressure Application Systems 77101 Freshwater Dilution5881, 2 Pivot Drag Hoses88101 Subsurface Drip Irrigation1010121

IDAPA 58.01.01.765 (Reserved)

IDAPA 58.01.01.790 Rules for the Control of Nonmetallic Mineral Processing Plants

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

IDAPA 58.01.01.791 General Control Requirements

01.Prohibition. N o 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)

IDAPA 58.01.01.792 (Reserved)

IDAPA 58.01.01.793 Emissions Standards for Nonmetallic Mineral Processing Plants Not

SUBJECT TO 40 CFR PART 60, SUBPART OOO.

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.

Notes:

1. The ammonia emission reduction effectiveness of each practice is rated numerically based on practical year-round implementation. Variations due to seasonal practices and expected weather conditions have been factored into these ratings. Not implementing a BMP when it is not practicable to do so, does not reduce the point value assigned to the BMP, nor does it constitute failure to perform the BMP. UD indicates that the practice is still under development.

2. Land application practices assume practice is conducted on all manure; points will be pro-rated to reflect actual waste treatment; points can be obtained on exported material with sufficient documentation.

3. Method used by inspector to determine compliance 1=Observation by Inspector 2=On-Site Recordkeeping Required 3, 4=Deviation Reporting Required. Equipment upsets and/or breakdowns must be recorded in a deviation log and if repaired in a reasonable timeframe does not constitute non-compliance with this rule.

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)

IDAPA 58.01.01.794 Permit Requirements

No owner or operator may commence construction, reconstruction, modification or operation of any nonmetallic mineral processing plant regardless of whether or not the source is an affected facility pursuant to 40 CFR 60.670(e) without first obtaining a permit or complying with Sections 795 through 799. The owner or operator must comply with the permitting requirements of Subsection 794.02 or Subsection 794.03 and the applicable portions of Subsection 794.04 and/or Subsection 794.05.(3-28-23)

01.Permit by Rule Eligibility. New major facilities or major modifications subject to Sections 204 and 205 are not eligible for a Permit by Rule.(3-28-23)

02.Permit by Rule. Owners and operators of nonmetallic mineral processing plants that meet all the applicable requirements set forth in Sections 795 through 799 are deemed to have a permit by rule (PBR) and are not required to obtain a permit to construct under Sections 200 through 227.(3-28-23)

03.Permit to Construct. Owners and operators of nonmetallic mineral processing plants that do not meet all of the requirements set forth in Sections 795 through 799, or that operate or intend to operate a nonmetallic mineral processing plant at a single site of operations for more than twelve (12) consecutive months, or that choose to construct and operate under specific permit requirements rather than the provisions of the permit by rule must obtain a permit to construct pursuant to Sections 200 through 227. An existing permit to construct will be considered valid until the permit is modified, incorporated into a Tier II operating permit, or terminated by the Department. (3-28-23)

04.Tier I Operating Permits. Owners and operators of nonmetallic mineral processing plants that are affected facilities subject to a requirement of 40 CFR Part 60 are Tier I sources as defined in Section 006. Tier I sources must comply with the applicable permitting requirements of Sections 300 through 397.(3-28-23)

05.Tier II Operating Permits. Owners and operators of nonmetallic mineral processing plants that are required by the Department or choose to obtain a Tier II operating permit pursuant to Sections 400 through 409 must operate in accordance with the specific provisions of the Tier II operating permit until such time as the operating permit is terminated in writing by the Department. The Department may require owners and operators of nonmetallic mineral processing plants to obtain a Tier II operating permit whenever the Department determines that:(3-28-23)

a.Emission rate reductions are necessary to attain or maintain any ambient air quality standard or applicable prevention of significant deterioration (PSD) increment; or(3-28-23)

b.Specific emissions standards, or requirements on operation or maintenance are necessary to ensure compliance with any applicable emission standard or rule.(3-28-23)

IDAPA 58.01.01.795 Permit by Rule Requirements

Sections 795 through 799 establish the requirements for a perm it by rule for nonmetallic mineral processing plants.

IDAPA 58.01.01.796 Applicability

01.Permit by Rule. Ow ners 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)

IDAPA 58.01.01.797 Registration for Permit by Rule

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.

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)

02.Registration Information. The following information must be provided by the registrant using forms furnished by the Department, or by other means approved by the Department.(3-28-23)

a.For all crushers and grinding mills, the registrant shall supply information on the manufacturer, crusher type (such as jaw, cone), serial number, date of manufacture, and maximum throughput capacity.(3-28-23)

b.For all screen decks, the registrant shall supply manufacturer name, physical size of screen, number of decks, serial number, and date of manufacture.(3-28-23)

c.For all electrical generators, the registrant shall supply manufacturer name, rated output, and fuel.

IDAPA 58.01.01.798 Electrical Generators

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 PM-10 Nonattainment Attainment Unclassifiable PM-10 Nonattainment 0 - 45424887602880 455 - 1000242487608760 1001 - 2000242452005200 kW = kilowatts hr/day = hours per day hr/yr = hours per year

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)

b.Records of monitoring and recordkeeping requirements for current operations must be maintained at the site of operations for the duration of operations at that location and must be available to Department representatives upon request. Records for previous sites of operation must be kept for the most recent two (2) year period at a location where they can be reasonably accessed and be made available to the Department upon request.

IDAPA 58.01.01.799 Nonmetallic Mineral Processing Plant Fugitive Dust Best Management

PRACTICE.

The owner or operator of a n onmetallic 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)

b.A progressive control strategy must be used to reasonably control the emissions of fugitive dust.

Progressive control strategy means that if the initial control strategy or strategies chosen do not adequately control fugitive dust emissions, the owner or operator must employ successive control strategies as listed until fugitive dust control is achieved. Fugitive dust control must be applied on a frequency such that visible emissions do not exceed any emission standard specified in Sections 790 through 799.(3-28-23)

c.The owner or operator must maintain a record of each event where a control strategy is triggered.

The trigger must be recorded with a summary of the control strategy employed. If the trigger is a citizen complaint, the owner or operator must record the complaint, an evaluation of whether the complaint has merit, and a summary of the corrective action taken. The record must be maintained on forms provided by the Department or other forms that contain similar information. Records for current operations must be maintained at the site of operations for the duration of operations at that location and must be available to Department representatives upon request. Records for previous sites of operation must be kept for the most recent two (2) year period at a location where they can be reasonably accessed and must be made available to the Department upon request.(3-28-23)

02.Requirements for Paved Public Roadways.(3-28-23)

a.Definitions.(3-28-23)

i.A paved public roadway means a roadway accessible to the general public having a surface of asphalt or concrete.(3-28-23)

ii.Track-out means the deposition of mud, dirt, or similar debris onto the surface of a paved public roadway from the tires and/or undercarriage of any vehicle associated with the operation of a nonmetallic mineral processing plant.(3-28-23)

b.Control strategy triggers that require initiation of a strategy or strategies to control fugitive dust emissions from track-out include, but are not limited to:(3-28-23)

i.Visible deposition of mud, dirt, or similar debris on the surface of a paved public roadway.

ii.Visible fugitive emissions from vehicle traffic on an affected paved public roadway that approach twenty percent (20%) opacity for a period or periods aggregating more than one (1) minute in any sixty (60) minute

c.The following are control strategies for track-out.(3-28-23)

i.Prompt removal of mud, dirt, or similar debris from the affected surface of a paved public roadway.

ii.Water flush, and/or water flush and vacuum sweep, the affected surface of the paved public roadway. Runoff must be controlled so it does not saturate the surface of the adjacent unpaved haul road such that track-out is enhanced. If runoff is not, or cannot be controlled, gravel must be applied to the surface of the adjacent unpaved haul road over an area sufficient to control track-out.(3-28-23)

iii.Apply gravel to the surface of the adjacent unpaved haul road. The area of application must be sufficient to control track-out.(3-28-23)

iv.Apply an environmentally safe chemical soil stabilizer or chemical dust suppressant to the surface of the adjacent unpaved haul road. The area of application must be sufficient to control track-out.(3-28-23)

v.Other control strategy or strategies as approved by the Department.(3-28-23)

03.Requirements for Unpaved Haul Roads.(3-28-23)

a.Unpaved haul roads are defined as any unsurfaced roadway within the physical boundary of a non metallic mineral processing facility that is used as a haul road, access road, or similar.(3-28-23)

b.Control strategy triggers that require initiation of a strategy or strategies to control fugitive dust emissions from unpaved haul roads include, but are not limited to visible fugitive emissions from vehicle traffic on unpaved haul roads that approach twenty percent (20%) opacity for a period or periods aggregating more than one (1) minute in any sixty (60) minute period.(3-28-23)

c.The following are control strategies for fugitive dust emissions from unpaved haul roads. (3-28-23)

i.Limit vehicle traffic on unpaved haul roads.(3-28-23)

ii.Limit vehicle speeds on unpaved haul roads. If a speed limit is imposed, signs must be posted along the haul road route and clearly indicate the speed limit. Signs must be placed so they are visible to vehicles entering and leaving the site of operations.(3-28-23)

iii.Apply water to the surface of the unpaved haul road. Runoff must be controlled so it does not saturate the surface of the unpaved haul road such that it causes track-out. If runoff is not, or cannot be controlled, gravel must be applied to the surface of the unpaved haul road over an area sufficient to control track-out. (3-28-23)

iv.Apply gravel to the surface of the unpaved haul road.(3-28-23)

v.Apply an environmentally safe chemical soil stabilizer or chemical dust suppressant to the surface of the unpaved haul road. (3-28-23)

vi.Other control strategy or strategies as approved by the Department.(3-28-23)

04.Requirements for Transfer Points, Screening Operations, and Stacks and Vents.(3-28-23)

a.In addition to the requirements of 40 CFR Part 60, Subpart OOO, incorporated by reference in Section 107, for applicable facilities, the following control strategy triggers require initiation of a strategy or strategies to control fugitive dust emissions from transfer points, belt conveyors, bucket elevators, screening operations, conveying systems, capture systems, and building vents.(3-28-23)

i.Opacity greater than twenty percent (20%) from any transfer point on a belt conveyor, conveying system, bucket elevator, or screening operation.(3-28-23)

ii.For any transfer point on a belt conveyor, conveying system, bucket elevator, or screening operation located within a building, opacity greater than twenty percent (20%) from any building vent.(3-28-23)

iii.Opacity greater than twenty percent (20%) from any capture system stack.(3-28-23)

b.The following are control strategies for transfer points, belt conveyors, bucket elevators, screening operations, conveying systems, capture systems, and building vents. Controls must be applied on a frequency such that visible fugitive emissions do not exceed any applicable opacity limit.(3-28-23)

i.Limit drop heights of materials such that there is a homogeneous flow of material.(3-28-23)

ii.Install, operate, and maintain water spray bars to control fugitive dust emissions at transfer points on belt conveyors, conveying systems, bucket elevators, and screening operations as necessary.(3-28-23)

iii.Other control strategy or strategies as approved by the Department.(3-28-23)

05.Requirements for Crushers and Grinding Mills.(3-28-23)

a.Control strategy triggers that require initiation of a strategy or strategies to control fugitive dust emissions from any crusher, grinding mill, building vent, or capture system stack include the requirements of 40 CFR Part 60, Subpart OOO, for applicable facilities and the following.(3-28-23)

i.Opacity greater than twenty percent (20%) from any crusher or grinding mill at which capture system is not used.(3-28-23)

ii.For any crusher or grinding mill located within a building, opacity greater than twenty percent (20%) from any building vent.(3-28-23)

iii.Opacity greater than twenty percent (20%) from any capture system stack.(3-28-23)

b.The following are control strategies for any crusher, grinding mill, building vent, or capture system stack. Controls must be applied on a frequency such that visible fugitive emissions do not exceed any applicable opacity limit.(3-28-23)

i.Limit drop heights of materials such that there is a homogeneous flow of material.(3-28-23)

ii.Install, operate, and maintain water spray bars to control fugitive dust emissions at crusher drop points as necessary.(3-28-23)

iii.Other control strategy or strategies as approved by the Department.(3-28-23)

06.Requirements for Stockpiles.(3-28-23)

a.Control strategy triggers that require immediate initiation of a strategy or strategies to control fugitive dust emissions from stockpiles include, but are not limited to visible fugitive emissions from wind erosion of any stockpile that approaches twenty percent (20%) opacity for a period or periods aggregating more than one (1) minute in any sixty (60) minute period.(3-28-23)

b.The following are control strategies for stockpiles.(3-28-23)

i.Limit the height of the stockpiles.(3-28-23)

ii.Limit the disturbance of the stockpiles.(3-28-23)

iii.Apply water onto the surface of the stockpile.(3-28-23)

iv.Other control strategy or strategies as approved by the Department.(3-28-23)

IDAPA 58.01.01.800 Registration Fee for Permit by Rule

A registration fee of two hundred fifty dollars ($ 250) must be submitted to the Department with each permit by rule registration.(3-28-23)

IDAPA 58.01.01.801 Payment of Fees for Permits by Rule Registration

The permit by rule registration fee must be paid in its entirety at the time the required registration form is submitted to the Dep artment. Information for making payments is available at http://www.deq.idaho.gov.(3-28-23)

IDAPA 58.01.01.802 Receipt and Usage of Fees

Permit by rule registration fee receipts will be depos ited 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)

IDAPA 58.01.01.803 (Reserved)

IDAPA 58.01.01.815 Rules for Control of Kraft Pulp Mills

Sections 815 through 818 establish emission standards for reco very 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)

IDAPA 58.01.01.816 Recovery Furnace Trs Standard

The average daily emissions of total reduce d 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)

IDAPA 58.01.01.817 Recovery Furnace Trs Monitoring and Recordkeeping

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)

IDAPA 58.01.01.818 Kraft Pulp Mill Lvhc and Hvlc Gas Venting Notification and Reporting

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)

IDAPA 58.01.01.819 (Reserved)

IDAPA 58.01.01.835 Rules for Control of Rendering Plants

No person may allow, cause, or permit:(3-28-23)

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)

IDAPA 58.01.01.836 (Reserved)

58.01.06 Solid Waste Management Rules

IDAPA 58.01.06.000 Legal Authority

Sections 39-105, 39-107, and 39-7408C Idaho Code.(7-1-26)

IDAPA 58.01.06.001 Scope

These rules establish requirements applicable to all solid waste and solid waste management facilities in Idaho, except as specifically provided in Subsections 001.01 and 001.02.(7-1-26)

1. Wastes Not Regulated Under These Rules.(3-24-22)

a.These rules do not apply to the following solid wastes:(3-24-22)

i.Liquid wastes when the discharge or potential discharge of the liquid waste is regulated under a federal, state or local water pollution discharge or wastewater land application permit, including management of any solids if management of the solids are addressed in a permit term or condition;(3-24-22)

ii. Hazardous wastes regulated by the Hazardous Waste Management Act of 1983, Chapter 44, Title 39, Idaho Code, (HWMA) and the rules adopted thereunder;(7-1-26)

iii. Polychlorinated biphenyl (PCB) waste regulated under the Toxic Substances Control Act, as amended, 15 U.S.C. 2601, et seq., PCB waste authorized by federal law to be disposed of at a nonhazardous waste landfill that is permitted, licensed, or registered under Idaho Law is regulated under these rules;(7-1-26)

iv. Slash or slashing areas resulting from the harvesting of timber and the disposal of which is managed pursuant to the Idaho Forestry Act, Chapter 1, Title 38, Idaho Code or log landings or sorting sites;

v.Wastes used, managed, stored and disposed of in accordance with The Wood and Mill Yard Debris Technical Guidance Manual, as amended, published by the Department and developed pursuant to Sections 39-171 through 39-174, Idaho Code;(7-1-26)

vi. Clean soils and clean dredge spoils as regulated under Section 404 of the federal Clean Water Act provided that they are not hazardous wastes regulated by (HWMA) and the rules adopted thereunder;(7-1-26)

vii. Septage taken to a sewage treatment plant permitted by either the U.S. Environmental Protection Agency or the Department pursuant to IDAPA 58.01.03, “Individual/Subsurface Sewage Disposal Rules and Rules for Cleaning of Septic Tanks”;(7-1-26)

viii. All radioactive waste and radioactive materials regulated pursuant to Section 39-4405(9), Idaho Code and rules adopted thereunder, and radioactive waste and materials regulated under the authority of the Atomic Energy Act of 1954, as amended;(7-1-26)

ix. Petroleum Contaminated Soils (PCS) from a leaking petroleum storage tank system managed as a one (1) time remediation pursuant to IDAPA 58.01.24, “Rules for Petroleum Release Corrective Action”; (7-1-26)

x. Asbestos as regulated by the Toxic Substances Control Act, as amended, 15 U.S.C. 2601, et seq., or asbestos as regulated by the Clean Air Act, as amended, 42 U.S.C. 7412;(7-1-26)

xi. Nonhazardous wastes disposed of in a permitted hazardous waste treatment, storage and disposal unit regulated by HWMA and rules adopted thereunder; or(7-1-26)

xii. Waste otherwise regulated under Department authorities.(3-24-22)

b.These rules do not apply to the following solid waste unless these wastes are mixed with more than incidental quantities of regulated waste:(7-1-26)

i.Inert wastes;(3-24-22)

ii. Manures and crop (plant) residues ultimately returned to the soils at agronomic rates; (3-24-22)

iii. Any agricultural solid waste which is managed and regulated pursuant to rules adopted by the Idaho Department of Agriculture. The Department reserves the right to use existing authorities to regulate agricultural waste that impacts human health or the environment;(3-24-22)

iv. Overburden, waste dumps, low-grade stockpiles, tailings and other materials uniquely associated with mineral extraction, beneficiation or processing operations;(3-24-22)

v.Slag from the production of elemental phosphorus;(3-24-22)

vi. Phospho-gypsum from the production of phosphate fertilizers, which includes the production of phosphoric acid; and(3-24-22)

vii. Wood waste used for ornamental, animal bedding, mulch and plant bedding, or road building purposes.(3-24-22)

2. Solid Waste Management Facilities Not Regulated Under These Rules. These rules do not apply to the following solid waste management facilities:(7-1-26)

a.Solid waste management facilities accepting only solid waste excluded by Subsection 001.01;

b.Recycling centers; or(3-24-22)

c.Backyard composting sites.(3-24-22)

IDAPA 58.01.06.002 (Reserved)

IDAPA 58.01.06.003 Administrative Appeals

Persons may be entitled to appeal agency actions authorized under this chapter pursuant to IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-24-22)

IDAPA 58.01.06.004 Applicability

These rules apply to all solid waste unless excluded by Subsection 001.03 and to all solid waste management sites in Idaho unless excluded by Subsection 001.02. Compliance with these rules does not relieve owners and operators from the obligation to comply with other applicable state or federal laws, including but not limited to the IDAPA 58.01.02, “Water Quality Standards,” IDAPA 58.01.11, “Groundwater Quality Rule,” and IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho.”(7-1-26)

1. Solid Waste Facility Other Than Municipal Solid Waste Landfills (MSWLF) Applicability.

Sections 000 through 032 apply to all solid waste facilities other than MSWLF, as specified therein.(7-1-26)

2. Municipal Solid Waste Landfill Applicability. Sections 000 through 005, and Sections 994 through 995 apply to all MSWLFs, as specified therein.(7-1-26)

IDAPA 58.01.06.005 Definitions

The terms “Department,” “Director,” “Person,” and “Solid Waste” are defined in Section 39-103, Idaho Code. The term “Ground water” (Groundwater) is defined in Section 39-121, Idaho Code. The terms “Land Application Unit,”

“Leachate,” “Surface Impoundment or Impoundment,” and “Waste Pile or Pile” are defined in 40 CFR 257.2. The term “Very Small Quantity Generator” (VSQG) is defined in 40 CFR 260.10.(7-1-26)

1. Active Portion. That part of a unit where waste had been, or may be, disposed of, treated, or otherwise managed, and that has not been closed in accordance with applicable rules.(3-24-22)

2. Backyard Composting. Composting operations used only by the owner or person in control of a residential dwelling unit to process garbage and yard waste generated at that dwelling unit.(3-24-22)

3. Beneficial Use. Various uses of ground water in Idaho including, but not limited to, domestic water supplies, industrial water supplies and agricultural water supplies. A beneficial use is defined as actual current and projected future uses of ground water.(3-24-22)

4. Commercial Solid Waste Facility. A MSWLF owned and operated as an enterprise conducted with the intent of making a profit by any individual, association, firm, or partnership for the disposal of solid waste, but excluding a MSWLF owned or operated by a political subdivision, state or federal agency or, municipality or a MSWLF owned or operated by any individual, association, firm, or partnership exclusively for the disposal of solid waste generated by such individual, association, firm, or partnership.(3-24-22)

5. Composting Facility. See definition of Processing Facility.(3-24-22)

6. Contamination. The introduction of a substance into the surface or groundwater causing: (7-1-26)

a.At or beyond the point of compliance, the concentration of that substance in groundwater resulting in significant degradation, as determined by “Groundwater Quality Rule,” or in an exceedance of the maximum contamination level (MCL) specified in the Groundwater Quality Rule;(7-1-26)

b.The concentration of that substance in surface water exceeds a numerical criteria or fails to protect designated beneficial uses specified in, “Water Quality Standards”;(7-1-26)

c.A statistically significant increase in the concentration of that substance in the groundwater at or beyond the point of compliance, or in surface water, where the existing concentration of that substance exceeds the contamination level specified in Subsections 005.08.a. or 005.08.b. of this rule; or(7-1-26)

d.A statistically significant increase in the concentration of that substance in groundwater at the point of compliance, or in surface water, above background of a substance which;(7-1-26)

i.Is not specified in Subsections 005.08.a. or 005.08.b.;(7-1-26)

ii. Is a result of the disposal of solid waste; and(3-24-22)

iii. Has been determined by the department to present a substantial risk to human health or the environment in the concentrations found in the groundwater at the point of compliance, or in surface water. (7-1-26)

7. Decontamination. As used in Subsections 010.01, 011.01, 012.03, and 013.03, “decontamination” is the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.(7-1-26)

8. Degradation. The lowering of groundwater quality as measured in a statistically significant and reproducible manner.(7-1-26)

9. Disposal. Discharge, deposit, injection, dumping, spilling, leaking, leaching, migration or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.(7-1-26)

10. Facility. Any area used for any solid waste management activity, including, but not limited to, storage, transfer, processing, separation, incineration, treatment, salvaging, or disposal of solid waste. (3-24-22)

11. Garbage. Any waste consisting of putrescible animal and vegetable materials resulting from the handling, preparation, cooking and consumption of food, including waste materials from households, markets, storage facilities, handling and sale of produce and other food products.(7-1-26)

12. Household Waste. Any solid waste, including kitchen wastes, trash and sanitary waste in septic tanks, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day use recreation areas.(3-24-22)

13. Incinerator. Any source consisting of a furnace and all appurtenances thereto designed for the destruction of solid waste by burning. “Open Burning” is not considered incineration.(3-24-22)

14. Inert Waste. Noncombustible, nonhazardous, and non-putrescible solid wastes that are likely to retain their physical and chemical structure and have a de minimis potential to generate leachate under expected conditions of disposal, which includes resistance to biological attack. “Inert waste” includes, but is not limited to, rock, concrete, cured asphaltic concrete, masonry block, brick, gravel, dirt, inert coal combustion by-products, inert precipitated calcium carbonate and inert component mixture of wood or mill yard debris.(3-24-22)

15. Lift. A vertical rise of compacted solid waste that is complete when it is no longer practical to add additional height without the addition of a cover layer to provide structural stability.(3-24-22)

16. Modification. Any change in the physical characteristics, waste types managed, method of operation, or lateral expansion beyond the boundaries of a site. The following is not considered a modification:

a.Repair and replacement of existing equipment;(3-24-22)

b.Increase in production rate that does not exceed the Tier level criteria or approved facility capacity;

c.An increase in hours of operation if more restrictive hours of operation are not specified in an approved operating plan; or(7-1-26)

d.Acquisition of property that is not to be used for the processing or disposal of solid waste.

17. Municipal Solid Waste Landfill Unit (MSWLF). As regulated under Chapter 74, Title 39, Idaho Code, a discrete area of land or an excavation that receives household waste, and that is not a land application unit, surface impoundment, or waste pile, as those terms are defined in 40 CFR 257.2. A MSWLF unit also may receive other types of Resource Conservation and Recovery Act (RCRA) subtitle D wastes, such as commercial solid waste, nonhazardous sludge, very small quantity generator (VSQG) waste and industrial solid waste. Such a landfill may be publicly or privately owned. A MSWLF unit may be a new MSWLF unit, an existing MSWLF unit or a lateral expansion.(7-1-26)

18. Non-Municipal Solid Waste (NMSW). A solid waste that is:(3-24-22)

a.Not mixed with household waste; or(3-24-22)

b.Not excluded from these rules by Subsection 001.01.(7-1-26)

19. Non-Municipal Solid Waste Landfill (NMSWLF). A landfill that accepts only non-municipal solid waste.(3-24-22)

20. Open Burning. The combustion of solid waste without:(3-24-22)

a.Control of combustion air to maintain adequate temperature for efficient combustion; (3-24-22)

b.Containment of the combustion reaction in an enclosed device so as to provide sufficient residence time and mixing for complete combustion; and(3-24-22)

c.Control of the emission of the combustion products.(3-24-22)

21. Operator. The person(s) responsible for the overall operation of all or part of a site or facility.

22. Owner. The person(s) who owns land or a portion of the land on which a site or facility is located.

23. Point of Compliance. A vertical surface located no more than one hundred fifty (150) yards hydraulically down gradient from the active portion of a facility or site, located at the facility boundary down gradient of the land area, or located at the point of diversion of an identified beneficial use within the site, whichever is the smallest distance from the active portion.(3-24-22)

24. Processing Facility. A facility that uses biological or chemical decomposition to prepare solid waste for reuse, including compost facilities excluding waste handling at transfer stations or recycling centers.

25. Projected Waste Volume. The total actual or potential solid waste volume measured in tons per day, cubic yards per day, or an equivalent measurement, proposed to be received or processed at a solid waste facility.

26. Pumpable Waste. Wastes, including non-domestic septage, sludge, wastewater and non-municipal solid wastes, which are pumped from a holding area or container into a watertight tank truck or equivalent and transported for processing or disposal.(3-24-22)

27. Qualified Professional. Qualified professional means a licensed professional geologist or licensed professional engineer, as appropriate, holding current professional registration in good standing and in compliance with applicable provisions of Chapter 12, Title 54, Idaho Code.(3-24-22)

28. Recyclables. Used, end, or waste products with useful properties that can be reused. (3-24-22)

29. Recycling. The reclamation of solid waste and its subsequent introduction into an industrial process by which the materials are transformed into a new product in such a manner that the original identity as a product is lost.(3-24-22)

30. Recycling Center. A materials recovery facility that receives recyclables, then sorts, bales, loads, or physically alters the material and transports the commodities to markets.(3-24-22)

31. Regulated Waste. As used in Subsections 010.01, 011.01, 012.03, and 013.03, “regulated waste” is liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials.(7-1-26)

32. Salvage. The reclamation of solid waste at a disposal site.(3-24-22)

33. Scavenge. The unauthorized removal of materials from a facility.(3-24-22)

34. Septage. A semisolid consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a septic tank system.(3-24-22)

35. Site. Any contiguous geographic area with one (1) or more facilities owned or operated by the same person used for any solid waste management activity, including, but not limited to, storage, transfer, processing, separation, incineration, treatment, salvaging, or disposal of solid waste.(3-24-22)

36. Site Size. The sum in acres of all proposed or existing facilities.(3-24-22)

37. Speculative Accumulation. Stockpiles of materials or recyclables to be processed for reuse or disposal when fifty percent (50%) of the material is not reused or disposed by the end of the following calendar year after the date of first receipt by the facility, and which may create a nuisance or public health impact.(7-1-26)

38. Storm Water. Accumulation of water from natural precipitation, including snow melt. (3-24-22)

39. Surface Water. All surface accumulations of water, natural or artificial, public or private, or parts thereof which are wholly or partially within, which flow through or border upon the state, unless such waters are an integral part of the facility’s operation for storm water control and or leachate management.(3-24-22)

40.Tipping Floor. An area at a transfer station, processing facility, VSQG management facility or incinerator that receives and contains all waste materials.(3-24-22)

41. Toxic Leachate or Gas. Concentrations of leachate or gas that will cause contamination, as defined by these rules, or that will exceed standards in IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho.”

42. Transfer Station. A facility or portion thereof where solid wastes are transferred from a vehicle or container and subsequently transported off-site to another facility. A transfer station does not include an authorized rural drop-box or other facilities where persons are authorized to store individual waste for ultimate collection and disposal, or any other facility that stores solid waste generated at the facility for collection and disposal off-site.

43. Wood or Mill Yard Debris Facility. A facility that manages exclusively, solid wood, bark, or wood fiber generated from the process of manufacturing wood products that may include ash from the burning of wood waste in amounts and in conformity with the provisions of the Wood & Mill Yard Technical Guidance Manual, components of soil, rock, or moisture.(7-1-26)

44. Yard Waste. Weeds, straw, leaves, grass clippings, brush, wood, and other natural, organic, materials typically derived from general landscape maintenance activities.(3-24-22)

45. Very Small Quantity Generator (VSQG) Management Facility. A facility or portion thereof where household hazardous waste or VSQG wastes are transferred from a vehicle or container and subsequently transported to another facility. A VSQG management facility does not include temporary drop off locations or other facilities where individuals or businesses are authorized to store waste for ultimate collection and disposal. (7-1-26)

IDAPA 58.01.06.006 (Reserved)

IDAPA 58.01.06.007 Incorporation by Reference

1. Detection Monitoring Program. 40 CFR 257.24(a), revised as of July 1, 2025.(7-1-26)

2. Wetlands. 40 CFR 257.9, revised as of July 1, 2025.(7-1-26)

3. Definitions. 40 CFR 260.10, revised as of July 1, 2025. All definitions included in 40 CFR 260.10 are excluded from incorporation except the definition of “Very Small Quantity Generator” is incorporated by reference in these rules.(7-1-26)

4. Definitions. 40 CFR 257.2, revised as of July 1, 2025. All definitions included in 40 CFR 257.2 are excluded from incorporation except the definitions of “Land Application Unit,” “Leachate,” “Surface Impoundment or Impoundment,” and “Waste Pile or Pile” are incorporated by reference into these rules.(7-1-26)

IDAPA 58.01.06.008 (Reserved)

IDAPA 58.01.06.009 Solid Waste Management Facility Classification

1. Below Regulatory Concern (BRC) Facilities. A facility is BRC provided it is a processing facility that does not manage PCS or pumpable waste, and the cumulative volume of solid waste at the facility at any one (1) time is less than or equal to three hundred (300) cubic yards.(7-1-26)

2. Tier I Facilities. Tier I facilities must comply with the requirements identified in Section 011. A facility will be classified as a Tier I facility if the Department determines the facility is:(7-1-26)

a.A landfill that only accepts, for disposal, materials that are not likely to produce leachate including, but not limited to, glass, plastic, cardboard, wood, composition roofing material, roofing paper, or ceramics, and which has a total disposal capacity of less than or equal to two thousand (2000) cubic yards;(7-1-26)

b.A processing facility that only processes wastes including, but not limited to, untreated or unpainted wood, yard waste, sheet rock, clean paper products, animal manures, plant or crop residues, or garbage without meats or animal fats, and the cumulative volume of wastes at the facility at any one time is less than or equal to six hundred (600) cubic yards;(7-1-26)

c.A processing facility that only manages PCS not excluded under Subsection 001.01.a.ix. or pumpable wastes and the cumulative volume of material at the facility at any one (1) time is less than or equal to two hundred (200) cubic yards; or(7-1-26)

d.An emergency solid waste management facility that only accepts debris resulting from a natural disaster.(3-24-22)

3. Tier II Facility. Tier II facilities must comply with the Tier II general siting, operational and closure requirements and any applicable Tier II facility specific requirements. Tier II facilities are not required to install groundwater monitoring wells, leachate collection systems or liners. Facilities will be classified as a Tier II facility if the Department determines the facility is not: (1) landfilling or disposing of VSQG hazardous waste; (2) landfilling or disposing of materials with a high human pathogenic potential; (3) managing solid waste in a manner or volume that will form toxic leachate or gas; or (4) managing solid waste in a manner or volume that is likely to pose a substantial risk to human health or the environment. A Tier II facility is one that meets the four (4) above criteria and is identified below:(7-1-26)

a.A NMSW landfill which has a total disposal capacity greater than two thousand (2000) cubic yards;

b.A processing facility or incinerator that has a cumulative volume of wastes at the facility at any one time that is greater than six hundred (600) cubic yards;(7-1-26)

c.A processing facility that only manages PCS not excluded under Subsection 001.01.a.ix or pumpable wastes and the cumulative volume of material at the facility at any one (1) time is greater than two hundred (200) cubic yards; or(7-1-26)

d.A transfer station or VSQG waste management facility.(3-24-22)

4. Tier III Facility. Tier III facilities must comply with the Tier III general siting, operating and closure requirements, groundwater monitoring requirements, install leachate collection systems, liners, air contaminant control systems and any applicable Tier III facility specific requirements. Facilities will be classified as a Tier III facility if the Department determines the facility is: (1) a facility landfilling or disposing of VSQG hazardous waste; (2) a facility landfilling or disposing of materials with a high human pathogenic potential; (3) a facility managing solid waste in a manner or volume that will form toxic leachate or gas; or (4) a facility managing solid waste in a manner or volume that is likely to pose a substantial risk to human health or the environment.

5. Wood or Mill Yard Debris Facilities. All Wood and Mill Yard Debris Facilities that are not exempt from these rules as provided in Section 001.01 must be regulated as Tier I Facilities unless, based on sitespecific criteria including but not limited to site geology, site soils, groundwater characteristics, distance to surface waters, and site climatic data, the Department determines the facility is more appropriately regulated under a different tier classification. Facilities not regulated as a Tier I Facility will be regulated as a Tier II Facility unless the Department determines the facility manages waste in a manner that will form toxic leachate or gas.(7-1-26)

6. Site Specific Classification. An owner or operator of a facility classified as a Tier I, Tier II or Tier III facility may request to be regulated pursuant to the requirements of a lower classification. An owner or operator requesting site specific classification must submit information demonstrating to the Department that, when in compliance with the requirements of a lower classification, the facility would not cause contamination, toxic leachate or gas, or concentrations of a substance that exceed standards in the IDAPA 58.01.01 “Rules for the Control of Air Pollution in Idaho.” The information included in any request under this subsection must include:(7-1-26)

a.Characterization of waste and expected quantities of waste;(3-24-22)

b.Site characterization including;(3-24-22)

i.Site geology report;(3-24-22)

ii. Site soils report;(3-24-22)

iii. Groundwater report;(7-1-26)

iv. Site climatic data;(3-24-22)

c.Facility design plan;(7-1-26)

d.Operating plan; and(7-1-26)

e.Closure plan.(7-1-26)

7. General and Site Specific Classification Process. The Department's review of a request for a site specific classification will be conducted pursuant to the process set forth in Section 032.(7-1-26)

IDAPA 58.01.06.010 Brc Facilities

1. Applicable Requirements. The owner and operator of a BRC facility must comply with the following prior to accepting waste.(7-1-26)

i.Disposal in a landfill of regulated waste from any business that provides health care, support to health care businesses, or medical diagnostic services without having gone through the decontamination process;

ii. Speculative accumulation, unless otherwise approved by the Department in writing; and (3-24-22)

iii. Disposal of radioactive waste except in a facility regulated pursuant to Section 39-4405(9), Idaho Code, and rules adopted thereunder, or a facility regulated under the authority of the Atomic Energy Act of 1954, as

b.The owner and operator will control nuisances, including but not limited to:(7-1-26)

i.Operations at any facility will not provide sustenance to rodents or insects that cause human disease ii. Vector control procedures will prevent or control vectors that may cause health hazards or iii. The facility will be operated to control odors and malodorous gases; and(7-1-26)

iv. Effective measures will be taken to minimize the loss of debris from the facility. Debris blown from or within the facility will be collected and properly disposed to prevent objectionable accumulations.(7-1-26)

c.No facility may handle putrescible wastes in such a manner that may attract birds and increase the likelihood of bird/aircraft collisions. Facilities that are located within ten thousand (10,000) feet of any airport runway used by turbojet aircraft, or within five thousand (5,000) feet of any airport used by only piston-type aircraft will operate the facility in such a manner that birds are not a hazard to aircraft.(7-1-26)

d.Open burning and fires are prohibited at facilities except as authorized by Section 061. (7-1-26)

2. Application Content, Review and Approval. The owner and operator of a BRC facility are not required to apply.(7-1-26)

3. Documentation. The owner and operator must maintain on site documentation, such as a daily log of the quantity and type of waste received or managed, that verifies the facility’s BRC status.(7-1-26)

IDAPA 58.01.06.011 Applicable Requirements for Tier I Facilities

1. Applicable Requirements. The owner and operator of a Tier I facility must comply with the following prior to accepting waste.(7-1-26)

i.Disposal in a landfill of regulated waste from any business that provides health care, support to health care businesses, or medical diagnostic services without having gone through the decontamination process;

ii. Speculative accumulation, unless otherwise approved by the Department in writing; and (3-24-22)

iii. Disposal of radioactive waste except in a facility regulated pursuant to Section 39-4405(9), Idaho Code, and rules adopted thereunder or a facility regulated under the authority of the Atomic Energy Act of 1954, as

b.Facilities open to the public will clearly post visible and legible signs at each entrance to the facility. The signs will specify at a minimum the name of the facility, the hours of operation, the waste accepted at the facility and an emergency phone number.(7-1-26)

c.The owner and operator will control nuisances, including but not limited to:(7-1-26)

i.Operations at any facility will not provide sustenance to rodents or insects that cause human disease ii. Vector control procedures will prevent or control vectors that may cause health hazards or iii. The facility will be operated to control odors and malodorous gases; and(7-1-26)

iv. Effective measures will be taken to minimize the loss of debris from the facility. Debris blown from or within the facility will be collected and properly disposed to prevent objectionable accumulations.(7-1-26)

d.Unauthorized vehicles and persons will be prohibited access to the facility. A facility open to the public will accept waste only when an attendant is on duty. The facility will be fenced or otherwise blocked to access when an attendant is not on duty. The owner and operator will maintain the fencing or other access controls for a period of ten (10) years after closure, or another timeframe approved in writing by the Department.(7-1-26)

e.No facility may handle putrescible wastes in such a manner that may attract birds and increase the likelihood of bird/aircraft collisions. Facilities that are located within ten thousand (10,000) feet of any airport runway used by turbojet aircraft, or within five thousand (5,000) feet of any airport used by only piston-type aircraft will operate the facility in such a manner that birds are not a hazard to aircraft.(7-1-26)

f.Open burning and fires are prohibited at facilities except as authorized by Section 061. (7-1-26)

g.Implement sufficient storm water management provisions, which may incorporate a National Pollution Discharge Elimination System (NPDES) storm water pollution prevention plan, to prevent contamination of surface or groundwater and prevent the spread and impact of contamination beyond the boundary of the facility.

h.An owner and operator may submit a written variance request for a variance from the requirements listed in Section 011. The owner and operator must demonstrate to the Department that the variance is at least as protective of human health and the environment as the requirements listed in Section 011.(7-1-26)

2. Application Content, Review and Approval. The owner and operator of a Tier I facility must submit notification to the Department prior to operating. The notice must include; the owners name, operators name, physical location of site, mailing address, facility phone number and type of solid waste management facility.

3. Documentation. The owner and operator must maintain on site documentation, such as a daily log of the quantity and type of waste received, that verifies the facility’s Tier I status.(7-1-26)

IDAPA 58.01.06.012 Applicable Requirements for Tier Ii Facilities

The owner and operator of a Tier II facility must establish compliance with the requirements of Section 012 by obtaining Department approval of the applications required in Subsection 012.02 before beginning construction and Subsection 012.04 prior to accepting waste. The owner and operator of a Tier II facility must meet the requirements of Subsection 012.05 prior to facility closure.(7-1-26)

1. General Siting Requirements. The owner and operator of a Tier II facility must comply with the

a.A facility will not be located within a one hundred (100) year flood plain if the facility will restrict the flow of the one hundred (100) year flood, reduce the temporary water storage capacity of the flood plain, or result in a washout of solid waste so as to pose a hazard to human health and the environment.(7-1-26)

b.The facility will not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife or result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 CFR Part 17.(7-1-26)

c.The active portion of a facility will be located such that the facility will not cause contamination of surface waters, unless such surface waters are an integral part of the non-municipal solid waste management facility's operation for storm water and leachate management.(7-1-26)

d.The active portion of a facility will not be located closer than one thousand (1,000) feet from the boundary of any state or national park, or land reserved or withdrawn for scenic or natural use including, but not limited to, wild and scenic areas, national monuments, wilderness areas, historic sites, recreation areas, preserves and scenic trails.(7-1-26)

e.An owner or operator of a facility that cannot meet the siting requirements of Section 012 may apply for a variance from the Department. The Department will approve a written request for a variance provided the owner and operator demonstrate to the Department that the variance is at least as protective of public health and the environment as the siting requirements in Section 012.(7-1-26)

2. Siting Application. Documentation must be submitted to the Department demonstrating compliance with the requirements and restrictions specified in Subsection 012.01 within the time frames specified in Section 012. If the documentation has been certified by a qualified professional, the Director will approve the siting application unless the Director finds the evidence supports a contrary opinion. A map indicating the following must also be submitted to the Department as part of a siting application:(7-1-26)

a.Highways, roads, and adjacent communities;(3-24-22)

b.Property boundaries;(3-24-22)

c.Total acreage of the site;(3-24-22)

d.Off-site and on-site access roads and service roads;(3-24-22)

e.Type(s) of land use adjacent to the facility and a description of all facilities on the site; (3-24-22)

f.All water courses, ponds, lakes, reservoirs, canals, irrigation systems, and existing water supplies, within one-quarter (1/4) mile of the proposed facility property lines;(3-24-22)

g.High tension power line rights-of-way, fuel transmission pipeline rights-of-way, and proposed and existing utilities;(3-24-22)

h.Proposed or existing fencing;(3-24-22)

i.Proposed and existing structures at the facility and within five hundred (500) feet of the facility boundary. This includes location of employee buildings, and scales (if provided); and(7-1-26)

j.Direction of prevailing winds.(3-24-22)

3. General Operating Requirements. The owner and operator of a Tier II facility must comply with the following:(7-1-26)

i.Disposal in a landfill of regulated waste from any business that provides health care, support to health care businesses, or medical diagnostic services without having gone through the decontamination process;

ii. Speculative accumulation, unless otherwise approved in an operating plan; and(3-24-22)

iii. Disposal of radioactive waste except in a facility regulated pursuant to Section 39-4405(9), Idaho Code, and rules adopted thereunder or a facility regulated under the authority of the Atomic Energy Act of 1954, as

b.Facilities open to the public will clearly post visible and legible signs at each entrance to the facility specifying, at a minimum, the name of the facility, the hours of operation, the waste accepted at the facility and an emergency phone number.(7-1-26)

c.Only the solid waste types listed in the approved operating plan may be accepted for disposal or processing.(7-1-26)

d.Provisions will be made for monitoring or measuring all Solid Waste delivered to a facility. The waste monitoring program will include:(7-1-26)

i.A daily written log listing the types and quantities of wastes received;(3-24-22)

ii. A plan for monitoring and handling receipt of unauthorized wastes;(3-24-22)

iii. Routine characterization of the wastes received; and(3-24-22)

iv. Other measures included in an approved operating plan.(7-1-26)

e.Communication devices will be available or reasonably accessible at the site.(7-1-26)

f.Adequate provisions will be made for preventing and controlling or managing fires at the site.

g.Unauthorized vehicles and persons will be prohibited access to the facility. A facility open to the public will accept waste only when an attendant is on duty. The facility will be fenced or otherwise blocked to access when an attendant is not on duty.(7-1-26)

h.Scavenging by the public at a facility is prohibited; however, salvaging may be conducted in accordance with a written operating plan and only by the owner, operator or an authorized agent.(7-1-26)

i.The owner and operator will control nuisances, including but not limited to:(7-1-26)

i.Operations at any facility will not provide sustenance to rodents or insects that cause human disease ii. Vector control procedures will prevent or control vectors that may cause health hazards or iii. The facility will be operated to control odor and malodorous gases; and(7-1-26)

iv. Effective measures will be taken to minimize the loss of debris from the facility. Debris blown from or within the facility will be collected and properly disposed to prevent objectionable accumulations.(7-1-26)

j.No facility may handle putrescible wastes in such a manner that may attract birds and increase the likelihood of bird/aircraft collisions. Facilities that are located within ten thousand (10,000) feet of any airport runway used by turbojet aircraft, or within five thousand (5,000) feet of any airport used by only piston-type aircraft will operate the facility in such a manner that birds are not a hazard to aircraft.(7-1-26)

k.Open burning and fires are prohibited at facilities except as authorized by Section 061. (7-1-26)

l.The operating plan will include sufficient storm water management provisions, which may incorporate a NPDES storm water pollution prevention plan, to prevent contamination of surface and groundwater and prevent the spread and impact of contamination beyond the boundary of the facility.(7-1-26)

m.An owner and operator of a facility may submit to the Department a written request for a variance from the operating requirements listed in Section 012. The Department will approve a written request for a variance provided the owner and operator demonstrate to the Department that the variance is at least as protective of human health and the environment as the requirements listed in Section 012.(7-1-26)

4. Operating Plan. The owner and operator of a Tier II facility must submit to the Department an operating plan containing the information specified in Subsection 012.03, within the time frames stated in Section 012. An operating plan must include a description of the wastes to be accepted, the methods for maintaining compliance with each of the applicable general operating requirements of Subsection 012.03, and complies with any applicable facility specific requirements in Subsections 012.09 through 012.11.(7-1-26)

5. Closure. The owner and operator of a Tier II facility must comply with the following closure and post-closure care requirements:(7-1-26)

a.For a facility open to the public, the owner and operator will publish a public notice of the facility’s closure in the local newspaper and post signs at the facility’s entrance:(7-1-26)

i.At least thirty (30) days and no more than ninety (90) days prior to the date of last receipt of waste for a facility that has reached disposal capacity; or(3-24-22)

ii. If the facility has remaining capacity and there is a reasonable likelihood that the facility will receive additional waste, a notice will be published and signs posted at least thirty (30) days and no more than ninety (90) days prior to closure.(7-1-26)

b.Unless the Department establishes otherwise, the owner and operator will close the facility within six (6) months of the Department’s approval of the closure plan. The facility will be closed in accordance with the approved closure plan.(7-1-26)

c.The owner and operator will close the facility by managing or removing all solid waste to prevent impact to human health or the environment and install a gate or other device to prevent public access after the last receipt of waste.(7-1-26)

d.The owner and operator will install appropriate measures to control erosion and install appropriate measures to control the run-on and runoff from a twenty-five (25) year, twenty-four (24) hour storm event and to provide for the diversion of other surface waters from the closed facility.(7-1-26)

e.Within thirty (30) days of closure, the owner and operator will notify the Department in writing that the facility was closed in accordance with the approved closure plan. If closure of the facility is different from the approved closure plan, the owner and operator will submit for Department review and approval documents, such assbuilt” plans, showing the final conditions of the facility.(7-1-26)

6. Closure Plan Application. Except as specified in Subsection 012.10, the owner and operator of a Tier II facility must submit to the Department a closure plan application containing the following information no later than ninety (90) days before the date on which the facility receives the known final receipt of wastes or, if the facility has remaining capacity and there is a reasonable likelihood that the facility will receive additional wastes, no later than one (1) year after the most recent receipt of wastes:(7-1-26)

a.A complete and accurate legal description of the facility;(3-24-22)

b.A map of the facility, showing pertinent facility features, including:(3-24-22)

i.Facility boundaries, drainage patterns, location of fill areas, and location of access control measures;(3-24-22)

ii. All water courses, ponds, lakes, reservoirs, canals, irrigation systems, and existing water supplies, within one-quarter (1/4) mile of the facility boundary;(3-24-22)

iii. Location of disposal trenches and description of waste disposed; and(3-24-22)

iv. Proposed final contours of the closed facility, drawn to a reasonable scale with five (5) foot intervals for the operational area, and ten (10) foot intervals for the remainder of the facility;(3-24-22)

c.Estimated date of last receipt of waste;(3-24-22)

d.A description of how public access to the closed facility will be controlled;(3-24-22)

e.Estimated total cubic yards, or tons, of waste in place;(3-24-22)

f.Total acreage of the facility and acres containing waste;(3-24-22)

g.Closure equipment and procedures to be used;(3-24-22)

h.Texture, depth and permeability of final cover material;(3-24-22)

i.Design and construction plan for any necessary final cover;(3-24-22)

j.Placement, design, and management of run-on and run-off storm water controls;(3-24-22)

k.Types of vegetation and planting procedures to be used for establishing vegetative cover; and

l.Other closure information the Department determines is necessary to protect human health and the 07. Documentation. The owner and operator of a Tier II facility must maintain on site a copy of each Department-approved application and plan required by Section 012.(7-1-26)

8. Modification Application. The owner and operator must submit to the Department for review and approval a modification application describing any proposed modification. The owner and operator of a Tier II facility must not implement the modification prior to Department approval. If a proposed modification alters the classification of a facility, the owner and operator must comply with the application content, review and approval requirements for the new classification.(7-1-26)

9. Tier II Processing Facilities. In addition to the provisions listed in Subsections 012.01 through 012.08, the owner and operator of a Tier II processing facility must also comply with the following:(7-1-26)

a.Siting Requirements:(3-24-22)

i.The active portion of a facility will be located, designed and constructed such that the facility will not cause contamination to a drinking water source or cause contamination of the groundwater.(7-1-26)

ii. No facility may be located on land that would threaten the integrity of the design.(7-1-26)

iii. The active portion of a facility will not be located closer than one hundred (100) feet to the property

b.The owner and operator will provide in the Siting Application documentation that demonstrates compliance with the siting requirements specified in Subsections 012.01 and 012.09.a.(7-1-26)

c.Operating Requirements:(3-24-22)

i.The owner and operator of a Tier II processing facility will implement a Department approved odor management plan designed to minimize malodorous gases. An odor management plan will include specific operating criteria for oxygen, moisture and temperature levels appropriate for the wastes to be processed and processing technologies to be employed, methods used to maintain the specific operating criteria and a monitoring strategy that includes the frequency and parameters for monitoring the specific operating criteria.(7-1-26)

ii. The owner and operator of a processing facility will maintain documentation of compliance with Section 012, including an operational log of the methods used to maintain the operating criteria and sampling results.

d.The operating plan required in Subsection 012.04 will identify methods used for maintaining compliance with each applicable operating requirement of Subsections 012.03 and 012.09.c.(7-1-26)

10. Tier II Incinerators, VSQG Management Facility and Transfer Stations. In addition to the provisions listed in Subsections 012.01 through 012.04, 012.07, and 012.08, the owner and operator of a Tier II incinerator, VSQG management facility or transfer station must comply with the following:(7-1-26)

a.The owner and operator will comply with the following design requirements:(7-1-26)

i.A tipping floor design constructed of impermeable and durable material and designed to contain, collect, and convey any liquids to a storage or leachate management system; and(3-24-22)

ii. A leachate storage or management system.(3-24-22)

b.The following information will be submitted to the Department in a design application: (7-1-26)

i.A description of the tipping floor design;(3-24-22)

ii. A description of the storage or leachate management system design;(3-24-22)

iii. Building and construction design blueprints;(3-24-22)

iv. A map illustrating a storm water run-on/run-off system designed to prevent contamination of surface and groundwater, and prevent the spread and impact of contamination beyond the boundary of the facility; and(7-1-26)

v.Operational design and capacity information including a description of the waste types and projected daily and annual waste volumes.(3-24-22)

c.The owner and operator of a Tier II facility will comply with the following operating requirements:

i.Implement cleaning procedures and waste residency times to maintain sanitary conditions on the surface of the tipping floor; and(3-24-22)

ii. Implement and operate a leachate storage or management system.(3-24-22)

d.The owner and operator of a Tier II facility will comply with the following closure and post-closure care requirements:(7-1-26)

i.For a facility open to the public the owner and operator will publish public notice of the facility’s closure in the local newspaper and post signs at the facility’s entrance at least thirty (30) days prior to closure;

ii. The owner and operator will close the facility by removing all solid waste to prevent impact to human health or the environment and installing a gate or other device to prevent public access after the last receipt of waste;(7-1-26)

iii. Unless the Department establishes otherwise, the owner and operator will close the facility within sixty (60) days of the Department’s approval of the closure plan. The facility will be closed in accordance with the approved closure plan; and(7-1-26)

iv. Within thirty (30) days of closure, the owner and operator will notify the Department in writing that the facility was closed in accordance with the approved closure plan. If closure of the facility is different from the approved closure plan, the owner and operator will submit for Department review and approval documents, such assbuilt” plans, showing the final conditions of the facility.(7-1-26)

e.The owner and operator will submit to the Department a Closure Plan Application containing the following information no later than ninety (90) days before the date on which the facility receives the known final receipt of wastes:(7-1-26)

i.A complete and accurate legal description of the facility;(3-24-22)

ii. A map of the facility, showing pertinent facility features, including facility boundaries, drainage patterns, and location of access control measures;(3-24-22)

iii. Estimated date of last receipt of waste;(3-24-22)

iv. A description of how public access to the closed facility will be controlled;(3-24-22)

v.Closure equipment and procedures to be used;(3-24-22)

vi. Anticipated future uses for the facility; and(3-24-22)

vii. Other closure information the Department determines is necessary to protect human health and the 11. Tier II NMSWLF. In addition to the requirements in Subsections 012.01 through 012.08, the owner and operator of a Tier II NMSWLF must also comply with the following:(7-1-26)

a.Siting requirements:(7-1-26)

i.A facility will not be located in wetlands, except as provided in 40 CFR 257.9.(7-1-26)

ii. The active portion of a facility will be located, designed and constructed such that the facility will not cause contamination to a drinking water source or cause contamination of the groundwater.(7-1-26)

iii. No facility may be located on land that would threaten the integrity of the design.(7-1-26)

iv. The active portion of a facility will not be located closer than one hundred (100) feet to the property

b.The owner and operator will provide in the siting application documentation that demonstrates compliance with the siting requirements specified in Subsections 012.01 and 012.11.a.;(7-1-26)

c.The owner and operator will provide the following information illustrated on a facility map for design approval:(7-1-26)

i.Surface water and erosion control systems;(3-24-22)

ii. Proposed fill area, including the location of waste disposal trenches or cells, noting the locations of trenches used for separated wastes such as animal carcasses, tree trunks, stumps, bulky wastes, car bodies, asbestos, and PCS;(7-1-26)

iii. Location of borrow areas;(3-24-22)

iv. Design elevation grade of final cover;(3-24-22)

v.Soil and water table test boring holes, wells, or excavations;(3-24-22)

vi. Proposed receiving, storage, and processing areas;(3-24-22)

vii. Proposed trench layout and development; and(3-24-22)

viii. Contour lines at five (5) foot intervals within the operating area and ten (10) foot intervals to the facility boundary.(3-24-22)

d.The owner and operator of a NMSWLF will comply with the following operating requirements:

i.Compaction and placement of waste in locations consistent with the approved operating plan;

ii. Provision for storage of waste during periods when the NMSWLF is inaccessible;(3-24-22)

iii. Application of a six (6) inch compacted soil cover layer on exposed waste as necessary to prevent nuisance and vector conditions at periods consistent with the approved operating plan. An owner and operator may request that the Department approve an alternate cover that addresses vectors, litter, fire, odor, and scavenging concerns;(3-24-22)

iv. Placement of an interim cover layer of twelve (12) inches of compacted soil between lifts to provide erosion control and structural stability. An owner and operator may request that the Department approve an alternate interim cover that addresses erosion, and stability for subsequent lifts; and(7-1-26)

v.Preservation of existing vegetation where attainable.(3-24-22)

e.The operating plan required in Subsection 012.04 will identify the methods used for maintaining compliance with each applicable operating requirement of Subsection 012.03 and Subsection 012.11.d.; (7-1-26)

f.The owner and operator of a Tier II NMSWLF will comply with the following closure requirements:(7-1-26)

i.Within seven (7) days of the date of last receipt of waste, a cover layer will be applied to prevent nuisances and vector conditions. Within one hundred and twenty (120) days of the date of last receipt of waste, a final cover layer of eighteen (18) inches of compacted soil with an approved in-place permeability designed to minimize infiltration, or its functional equivalent, and, a six (6) inch soil layer that minimizes erosion and sustains plant growth will be constructed;(7-1-26)

ii. All disturbed portions of the facility will be stabilized. Stabilization practices may include but are not limited to: establishment of vegetation, mulching, geotextiles, and sod stabilization;(7-1-26)

iii. Finished grade will be at a minimum of two percent (2%) and a maximum of thirty- three percent (33%) slope on the final surface of the completed fill area, after settlement; and(7-1-26)

iv. The completed landfill will be graded to prevent surface water ponding and erosion, and to conform to the local topography.(7-1-26)

g.The owner and operator will provide in the closure plan documentation that demonstrates compliance with closure requirements specified in Subsections 012.05 and 012.11.f.(7-1-26)

h.Environmental Covenants:(3-24-22)

i.After completion and certification of closure of a NMSWLF, the owner and operator will record an environmental covenant, pursuant to the Uniform Environmental Covenants Act (UECA) Chapter 30, Title 55, Idaho Code, on the property where the landfill facility is located, and its future use may be restricted in accordance with a post-closure care plan. A copy of the environmental covenant will be sent to the Department after recording with the county clerk.(7-1-26)

ii. The owner may request permission from the Department to remove the environmental covenant if all wastes are removed from the facility.(7-1-26)

iii. Federal agencies with responsibility for management of landfills on federal property will make an environmental covenant or notation in the federal property records for the affected property. If the subject property is ever sold or transferred by the federal government, a notation on the deed or patent will be made.(7-1-26)

i.Owners and operators of a NMSWLF will submit, in accordance with the time frames specified in Subsection 012.06, to the Department for review and approval a post-closure care plan, obtain Department approval of the plan, and conduct post-closure care in accordance with the plan. The post-closure care plan will contain the following provisions:(7-1-26)

i.The name and address of an agent authorized to accept communications or service during the postclosure period. The name may be changed during the post-closure period by providing the Department with twenty (20) days advance written notice of the change;(3-24-22)

ii. To maintain the integrity and effectiveness of the final cover;(7-1-26)

iii. To continue to maintain and operate the systems required in the operating plan including run-on/ run-off control systems;(7-1-26)

iv. To maintain appropriate security of the closed facility;(7-1-26)

v.To provide for routine facility inspections by the owner and operator to ensure compliance with the post-closure care plan; and(7-1-26)

vi. A description of the planned use(s) of the property during the post-closure care period: (3-24-22)

j.Post-closure care for the NMSWLF will be conducted for a period of five (5) years, unless the Department establishes in writing an alternate facility-specific post-closure care period.(7-1-26)

k.Post-closure use or operation of the site will not disturb any final cover or storm water control systems in a manner that will increase the potential to threaten human health or the environment.(7-1-26)

l.The approved post-closure care plan shall be maintained and available for review on request by the Department.(7-1-26)

IDAPA 58.01.06.013 Applicable Requirements for Tier Iii Facilities

The owner and operator of a Tier III facility must establish compliance with the requirements of Section 013 by obtaining Department approval of the application required in Subsection 013.02 before beginning construction and Subsection 013.04 prior to accepting waste. The owner and operator of a Tier III facility must meet the requirements of Subsection 012.07 prior to facility closure.(7-1-26)

1. General Siting Requirements. The owner and operator of a Tier III facility must comply with the

a.A facility will not be located within a one hundred (100) year flood plain if the facility will restrict the flow of the one hundred (100) year flood, reduce the temporary water storage capacity of the flood plain, or result in a washout of solid waste so as to pose a hazard to human health and the environment.(7-1-26)

b.The facility will not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife or result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 CFR Part 17.(7-1-26)

c.The active portion of a facility will be located such that the facility will not cause contamination of surface waters, unless such surface waters are an integral part of the non-municipal solid waste management facility's operation for storm water and leachate management.(7-1-26)

d.The active portion of the facility will be located, designed and constructed such that the facility will not cause contamination to a drinking water source or cause contamination of groundwater.(7-1-26)

e.No facility may be located on land that would threaten the integrity of the design.(7-1-26)

f.The active portion of a facility will not be located closer than one hundred (100) feet to the property

g.The active portion of a facility will not be located closer than one thousand (1,000) feet from the boundary of any state or national park, or land reserved or withdrawn for scenic or natural use including, but not limited to, wild and scenic areas, national monuments, wilderness areas, historic sites, recreation areas, preserves and scenic trails.(7-1-26)

h.Any facility that does not meet the siting requirements of Section 013 may apply for a variance from the Department. The Department may approve a written request for a variance provided the owner and operator demonstrate to the Department that the variance is at least as protective of public health and the environment as the siting requirements in Section 013.(7-1-26)

2. Siting Application. Documentation must be submitted to the Department demonstrating compliance with the requirements and restrictions specified in Subsection 013.01 within the time frames specified in Section 013. If the documentation has been certified by a qualified professional, the Director will approve the application unless the Director finds the evidence supports a contrary opinion. A map indicating the following must also be submitted to the Department as part of a siting application:(7-1-26)

a.Highways, roads, and adjacent communities;(3-24-22)

b.Property boundaries;(3-24-22)

c.Total acreage of the site;(3-24-22)

d.Off-site and on-site access roads and service roads;(3-24-22)

e.Type(s) of land use adjacent to the facility and a description of all facilities on the site; (3-24-22)

f.All water courses, ponds, lakes, reservoirs, canals, irrigation systems, and existing water supplies, within one-quarter (1/4) mile of the proposed facility property lines;(3-24-22)

g.High tension power line rights-of-way, fuel transmission pipeline rights-of-way, and proposed and existing utilities;(3-24-22)

h.Proposed or existing fencing;(3-24-22)

i.Proposed and existing structures at the facility and within five hundred (500) feet of the facility boundary. This will include location of employee buildings, and scales (if provided); and(7-1-26)

j.Direction of prevailing winds.(3-24-22)

3. General Operating Requirements. The owner and operator of a Tier III facility must comply with the following:(7-1-26)

i.Disposal in a landfill of regulated waste from any business that provides health care, support to health care businesses, or medical diagnostic services without having gone through the decontamination process;

ii. Speculative accumulation, unless otherwise approved in an operating plan; and(3-24-22)

iii. Disposal of radioactive waste except in a facility regulated pursuant to Section 39-4405(9), Idaho Code and rules adopted thereunder or a facility regulated under the authority of the Atomic Energy Act of 1954, as

b.Facilities open to the public will clearly post visible and legible signs at each entrance to the facility specifying, at a minimum, the name of the facility, the hours of operation, the waste accepted at the facility and an emergency phone number.(7-1-26)

c.Only the solid waste types listed in the approved operating plan may be accepted for disposal or processing.(7-1-26)

d.Provisions will be made for monitoring or measuring all solid waste delivered to a facility. The waste monitoring program will include:(7-1-26)

i.A daily written log listing the types and quantities of wastes received;(3-24-22)

ii. A plan for monitoring and handling receipt of unauthorized wastes;(3-24-22)

iii. Routine characterization of the wastes received; and(3-24-22)

iv. Other measures included in an approved operating plan.(7-1-26)

e.Communication devices will be available or reasonably accessible at the site.(7-1-26)

f.Adequate provisions will be made for controlling or managing fires at the site.(7-1-26)

g.Unauthorized vehicles and persons will be prohibited access to the facility. A facility open to the public will accept waste only when an attendant is on duty. The facility will be fenced or otherwise blocked to access when an attendant is not on duty.(7-1-26)

h.Scavenging by the public at a facility is prohibited; however, salvaging may be conducted in accordance with a written operating plan and only by the owner, operator or an authorized agent.(7-1-26)

i.The owner and operator will control nuisances, including but not limited to:(7-1-26)

i.Operations at any facility will not provide sustenance to rodents or insects that cause human disease ii. Vector control procedures will prevent or control vectors that may cause health hazards or iii. The facility will be operated to control odors and malodorous gases; and(7-1-26)

iv. Effective measures will be taken to minimize the loss of debris from the facility. Debris blown from or within the facility will be collected and properly disposed to prevent objectionable accumulations.(7-1-26)

j.No facility may handle putrescible wastes in such a manner that may attract birds and increase the likelihood of bird/aircraft collisions. Facilities that are located within ten thousand (10,000) feet of any airport runway used by turbojet aircraft, or within five thousand (5,000) feet of any airport used by only piston-type aircraft will operate the facility in such a manner that birds are not a hazard to aircraft.(7-1-26)

k.Open burning is prohibited at facilities except as authorized by Section 061.(7-1-26)

l.The operating plan will include sufficient storm water management provisions, which may incorporate a NPDES storm water pollution prevention plan, to prevent contamination of ground or surface water and prevent the spread and impact of contamination beyond the boundary of the facility.(7-1-26)

m.An owner and operator may submit to the Department a written variance request for a variance from the operating requirements listed in Section 013. The Department will approve a written request for a variance provided the owner and operator demonstrate to the Department that the variance is at least as protective of human health and the environment as the requirements listed in Section 013.(7-1-26)

4. Operating Plan. The owner and operator of a Tier III facility must submit to the Department an operating plan containing that information specified in Subsection 013.03, within the time frames stated in Section 013. An operating plan must include a description of the wastes to be accepted, the methods for maintaining compliance with each of the applicable general operating requirements of Subsection 013.03, and complies with any applicable facility specific requirements found in Subsections 013.11 through 013.13.(7-1-26)

5. Groundwater Monitoring Requirements. The owner and operator of a Tier III facility must comply with the following:(7-1-26)

a.Install and maintain groundwater monitoring wells at the point of compliance as approved by the Department;(7-1-26)

b.Within thirty (30) days of completion of each well, submit a copy of the geologic log and record of well construction to the Department;(3-24-22)

c.Monitor the groundwater quarterly, unless otherwise directed by the Department. Constituents to be monitored will be those listed in 40 CFR 257.24(a) unless otherwise authorized by the Department; and (7-1-26)

d.The owner and operator of any facility required to monitor groundwater pursuant to Section 013 will continue the approved monitoring schedule for five (5) years following facility closure, unless otherwise approved by the Department upon request of the owner and operator for a modified monitoring schedule. (7-1-26)

6. Groundwater Monitoring Application. The following information must be submitted to the Department in a groundwater monitoring application:(7-1-26)

a.A map showing soil types, depth and flow direction of groundwater, and locations of proposed groundwater monitoring wells; and(7-1-26)

b.A monitoring schedule indicating sample frequency and constituents to be analyzed. (3-24-22)

7. Closure Requirement. The owner and operator of a Tier III facility must comply with the

a.For a facility open to the public the owner and operator will publish public notice of the facility’s closure in the local newspaper and post signs at the facility’s entrance.(7-1-26)

i.At least thirty (30) days and no more than ninety (90) days prior to the date of last receipt of waste for a facility that has reached disposal capacity; or(3-24-22)

ii. If the facility has remaining capacity and there is a reasonable likelihood that the facility will receive additional waste, a notice will be published and signs posted at least thirty (30) days and no more than ninety (90) days prior to closure.(7-1-26)

b.Unless the Department establishes otherwise, the owner and operator will close the facility within six (6) months of the Department’s approval of the closure plan. The facility will be closed in accordance with the approved closure plan.(7-1-26)

c.The owner and operator will close the facility by managing or removing all solid waste to prevent impact to human health or the environment and will install a gate or other device to prevent public access after the last receipt of waste.(7-1-26)

d.The owner and operator will install appropriate measures to control erosion and install appropriate measures to control the run-on and runoff from a twenty-five (25) year, twenty-four (24) hour storm event and to provide for the diversion of other surface waters from the closed facility. and(7-1-26)

e.Within thirty (30) days of closure, the owner and operator will notify the department in writing that the facility was closed in accordance with the approved closure plan. If closure of the facility is different from the approved closure plan, the owner and operator will submit for Department review and approval documents, such as “as-built” plans, showing the final conditions of the facility.(7-1-26)

8. Closure Plan Application. The owner and operator of a Tier III facility submit to the Department a closure plan application containing the information no later than ninety (90) days before the date on which the facility receives the known final receipt of wastes or, if the facility has remaining capacity and there is a reasonable likelihood that the facility will receive additional wastes, no later than one (1) year after the most recent receipt of wastes. The following information must be submitted to the Department in a closure application:(7-1-26)

a.A complete and accurate legal description of the facility;(3-24-22)

b.A map of the facility, showing pertinent facility features, including:(3-24-22)

i.Facility boundaries, drainage patterns, location of fill areas, and location of access control measures;(3-24-22)

ii. All water courses, ponds, lakes, reservoirs, canals, irrigation systems, and existing water supplies, within one-quarter (1/4) mile of the facility boundary;(3-24-22)

iii. Location of disposal trenches and description of waste disposed; and(3-24-22)

iv. Proposed final contours of the closed facility, drawn to a reasonable scale with five (5) foot intervals for the operational area, and ten (10) foot intervals for the remainder of the facility;(3-24-22)

c.Estimated date of last receipt of waste.(7-1-26)

d.A description of how public access to the closed facility will be controlled.(7-1-26)

e.Estimated total cubic yards, or tons, of waste in place.(7-1-26)

f.Total acreage of the facility and acres containing waste.(7-1-26)

g.Closure equipment and procedures to be used.(7-1-26)

h.Texture, depth and permeability of final cover material.(7-1-26)

i.Design and construction plan for any necessary final cover.(7-1-26)

j.Placement, design, and management of run-on and run-off storm water controls.(7-1-26)

k.Types of vegetation and planting procedures to be used for establishing vegetative cover. (7-1-26)

l.Details of any proposed changes to any existing groundwater monitoring system.(7-1-26)

m.Details of any proposed changes to any existing landfill gas control system.(7-1-26)

n.Details of any proposed changes to any existing leachate collection system; and(3-24-22)

o.Other closure information the Department determines is necessary to protect human health and the 09. Documentation Requirements. The owner and operator of a Tier III facility must maintain, on site, each Department-approved application required by Section 013.(7-1-26)

10. Modification Application. The owner and operator must submit to the Department a modification application describing the proposed modification no less than sixty (60) days prior to the proposed modification of the facility. The owner and operator of a Tier III facility must not implement the modification prior to Department approval. If a proposed modification alters the classification of a facility, the owner and operator must comply with the application content, review and approval requirements for the new classification.(7-1-26)

11. Tier III Processing Facilities. In addition to the requirements in Subsections 013.01 through 013.10, the owner and operator of a Tier III processing facility must comply with the following:(7-1-26)

a.The owner and operator of a Tier III processing facility will implement a Department approved odor management plan designed to minimize malodorous gases. An odor management plan will include specific operating criteria for oxygen, moisture and temperature levels appropriate for the wastes to be processed and processing technologies to be employed; methods used to maintain the specific operating criteria and a monitoring strategy that includes the frequency and parameters for monitoring the specific operating criteria;(7-1-26)

b.Owners and operators of Tier III PCS processing facilities will comply with the following applicable requirements:(7-1-26)

i.Leachate collection and control system to prevent contamination of ground and surface waters;

ii. Liner designed to prevent ground and surface water contamination. The liner design will account for the types of wastes handled and the potential for migration of liquids and gaseous contaminants to groundwater;

iii. Air emission control system to prevent discharges of air pollutants; and(7-1-26)

iv. An owner and operator of a PCS processing facility may submit a written request for a variance from the leachate control and liner requirements. The owner and operator must demonstrate that the variance is at least as protective of surface and groundwater as the leachate collection system and liner.(7-1-26)

c.The following information will be submitted to the Department in a Design Application: (7-1-26)

i.Building and construction design blueprints;(3-24-22)

ii. A map illustrating a storm water run-on/run-off system designed to prevent contamination of ground or surface water or and prevent contamination beyond the boundary of the facility;(3-24-22)

iii. Operational design and capacity information including a description of the waste types and projected daily and annual waste volumes; and(3-24-22)

iv. The owner and operator of a Tier III PCS processing facility will submit for Department review and approval the following information as part of the design application:(7-1-26)

(1) A hydrogeologic evaluation, including the potential for migration of contamination to ground or surface water;(3-24-22)

(2) A detailed description of treatment methods to be used;(3-24-22)

(3) Design plans for a leachate collection and control system to prevent ground and surface water contamination from the leachate control system;(3-24-22)

(4) Design plans for an air emissions control system to prevent discharges of air pollutants; and (5) Design plans for a liner designed to prevent ground or surface water contamination. The liner design will account for the types of wastes handled and the potential for migration of liquid and gaseous contaminants to groundwater.(7-1-26)

d.The owner and operator of a PCS processing facility will submit for Department review and approval the following information as part of the Subsection 013.04, operating plan:(7-1-26)

i.A sampling plan that describes the methods and frequency that the owner and operator will use to sample and analyze the wastes when received, during processing, and on final testing of processed material; and ii. A description of how the owner and operator will maintain and operate the liner, leachate collection and control system, and air emission control system consistent with the approved design application. (3-24-22)

e.The owner and operator of a processing facility will maintain documentation of compliance with Section 013, including an operational log of the methods used to maintain the operating criteria and sampling results.

12. Tier III Incinerators. In addition to the requirements in Subsections 013.01 through 013.04 and Subsections 013.09 and 013.10, the owner and operator of a Tier III incinerator must comply with the following:

a.The owner and operator of an incinerator comply with the following design requirements: (7-1-26)

i.A tipping floor constructed of impermeable and durable material and designed to contain, collect, and convey any liquids to a storage or leachate management system; and(7-1-26)

ii. A storage or leachate management system.(3-24-22)

b.The following information will be submitted to the Department in a design application: (7-1-26)

i.A description of the tipping floor design;(3-24-22)

ii. A description of the storage or leachate management system design;(3-24-22)

iii. Building and construction design blueprints;(3-24-22)

iv. A map illustrating a storm water run-on/run-off system designed to prevent ground or surface water contamination, or contamination from the facility beyond the boundary of the facility;(3-24-22)

v.Operational design and capacity information including a description of the waste types and projected daily and annual waste volumes; and(3-24-22)

vi. Any facility specific design elements required by these rules.(3-24-22)

c.The owner and operator of an incinerator must comply with the following operating requirements:

i.Maintain and operate the tipping floor to control odors, insects, and rodents;(3-24-22)

ii. Implement cleaning procedures and waste residency times used to maintain sanitary conditions on the surface of the tipping floor; and(3-24-22)

iii. Implement a storage or leachate management system operation.(3-24-22)

d.If it is determined that the tipping floor or leachate management system integrity has been breached, or waste has been handled or stored outside of the containment of the tipping floor, unless allowed in the facility operating plan, the owner and operator of the Tier III incinerator will comply with Subsections 013.05 through 013.08.(7-1-26)

13. Tier III NMSWLFs. In addition to the requirements in Subsections 013.01 through 013.10, the owner and operator of a Tier III NMSWLF must comply with the following:(7-1-26)

a.A facility will not be located in wetlands, except as provided in 40 CFR 257.9;(7-1-26)

b.The owner and operator will include in the siting application documentation demonstrating compliance with the requirement specified in Subsection 013.13.a.;(7-1-26)

c.The owner and operator of a NMSWLF will comply with the following design and construction requirements:(7-1-26)

i.A leachate collection and control system will be constructed to prevent ground and surface water contamination;(7-1-26)

ii. A liner designed to prevent ground or surface water contamination will be installed. The liner design will account for the types of wastes handled and the potential for migration of liquid and gaseous contamination to ground or surface water;(7-1-26)

iii. Appropriate toxic and flammable gas monitoring devices will be installed where the location, geophysical condition, and waste characteristics indicate that there is a reasonable probability that the facility will generate toxic and flammable gas: exceeding twenty-five (25) percent of the lower explosive limit for gases in facility structures (excluding gas control or gas recovery system components); exceeding the lower explosive limit at the property boundary; or otherwise presenting a potential threat to public health or the environment; and(7-1-26)

iv. An owner and operator may submit a written request for a variance from the leachate collection and control system, liner, or emission control system requirements. The Department may approve the variance upon demonstration by the owner and operator that the variance is at least as protective of human health and the environment as the leachate collection and control system, liner, or emission control system;(7-1-26)

d.The following information will be submitted to the Department in a design application: (7-1-26)

i.Design plans will address the need for and include as required a leachate collection and control system, liner, and emission control systems in Subsection 013.13.c. and;(7-1-26)

ii. A facility map illustrating:(3-24-22)

(1) Surface water and erosion control systems;(3-24-22)

(2) Proposed fill area, including the location of waste disposal trenches or cells, noting the locations of trenches used for separated wastes such as animal carcasses, tree trunks, stumps, bulky wastes, car bodies, asbestos, and petroleum contaminated soils;(3-24-22)

(3) Location of borrow areas;(3-24-22)

(4) Design elevation grade of final cover;(3-24-22)

(5) Soil and water table test boring holes, wells, or excavations;(3-24-22)

(6) Proposed receiving, storage, and processing areas;(3-24-22)

(7) Proposed trench layout and development;(7-1-26)

(8) Contour lines at five (5) foot intervals within the operating area and ten (10) foot intervals to the facility boundary;(7-1-26)

(9) Building and construction design blueprints; and(7-1-26)

(10) Operational design and capacity information including a description of the waste types and projected daily and annual waste volumes;(7-1-26)

e.The owner and operator of a NMSWLF will comply with the following operating requirements:

i.Compaction and placement of waste in locations consistent with the approved operations plan;

ii. Provision for storage of waste during periods when the NMSWLF is inaccessible;(3-24-22)

iii. Application of a six (6) inch compacted soil cover layer on exposed waste as necessary to prevent nuisance and vector conditions at periods consistent with the approved operations plan. An owner and operator may request that the Department approve an alternate cover that addresses vectors, litter, fire, odor, and scavenging concerns;(3-24-22)

iv. Placement of an interim cover layer of twelve (12) inches of compacted soil between lifts to provide erosion control and structural stability. An owner and operator may request that the Department approve an alternate interim cover that addresses erosion, and stability for subsequent lifts;(3-24-22)

v.Maintenance and operation of a leachate collection and control system and air emission control system consistent with the approved design application; and(3-24-22)

vi. Preservation of existing vegetation where attainable;(7-1-26)

f.The operating plan required in Section 013 will identify the methods used for maintaining compliance with each applicable operating requirement of Subsection 013.03. and Subsection 013.13.e. including but not limited to the type, the method of compaction and the frequency of application of respective cover materials;

g.The owner and operator of a NMSWLF will comply with the following closure requirements:

i.Within seven (7) days of the date of last receipt of waste, a cover layer will be applied to prevent nuisances and vector conditions. Within one hundred and twenty (120) days of the date of last receipt of waste, a final cover layer of eighteen (18) inches of compacted soil with an approved in-place permeability designed to minimize infiltration, or its functional equivalent, and, a six (6) inch soil layer that minimizes erosion and sustains plant growth will be constructed;(7-1-26)

ii. All disturbed portions of the facility will be stabilized. Stabilization practices may include but are not limited to: establishment of vegetation, mulching, geotextiles, and sod stabilization;(7-1-26)

iii. Finished grade will be at a minimum of two percent (2%) and a maximum of thirty- three percent (33%) slope on the final surface of the completed fill area, after settlement; and(7-1-26)

iv. The completed landfill will be graded to prevent surface water ponding and erosion, and to conform to the local topography;(7-1-26)

h.Environmental Covenants:(3-24-22)

i.After completion and certification of closure of a NMSWLF, the owner and operator will record an environmental covenant, pursuant to the Uniform Environmental Covenants Act (UECA) Chapter 30, Title 55, Idaho Code, on the property where the landfill facility is located and its future use may be restricted in accordance with a post-closure care plan. A copy of the environmental covenant will be sent to the Department after recording with the county clerk;(7-1-26)

ii. The owner may request permission from the Department to remove the environmental covenant if all wastes are removed from the facility; and(7-1-26)

iii. Federal agencies with responsibility for management of landfills on federal property will make an environmental covenant or notation in the federal property records for the affected property. If the subject property is ever sold or transferred by the federal government, a notation on the deed or patent will be made;(7-1-26)

i.The owner and operator will provide in the closure plan documentation that demonstrates compliance with closure requirements specified in Subsections 013.07 and 013.13.g.;(7-1-26)

j.Owners and operators of a NMSWLF will submit, in accordance with the time frames specified in Subsection 013.08, to the Department for review and approval a post-closure care plan, will obtain Department approval of the plan, and will conduct post-closure care in accordance with the Plan:(7-1-26)

i.Unless the Department determines otherwise, the post-closure care plan will contain the following provisions:(7-1-26)

(1) The name and address of an agent authorized to accept communications or service during the postclosure period. The name may be changed during the post-closure period by providing the Department with twenty (20) days advance written notice of the change;(3-24-22)

(2) To maintain the integrity and effectiveness of the final cover;(7-1-26)

(3) To continue to maintain and operate the systems required in the operating plan, including: run-on/ run-off control systems, leachate collection and control systems, groundwater monitoring systems, and gas monitoring systems;(7-1-26)

(4) To maintain appropriate security of the closed facility;(7-1-26)

(5) For routine facility inspections by the owner and operator to insure compliance with the Post- Closure Care Plan; and(7-1-26)

(6) A description of the planned use(s) of the property during the post-closure care period; (7-1-26)

ii. Post-closure care for the NMSWLF will be conducted for a minimum of five (5) years, but not more than thirty (30) years, as necessary to protect human health and the environment;(7-1-26)

iii. Post-closure use or operation of the site will not disturb any final cover, liner or other component of the containment system in a manner that will increase the potential to threaten human health or the environment;

iv. The approved post-closure care plan will be maintained and available for review on request by the Department; and(7-1-26)

v.The requirements in Subsection 013.07 will apply to owners and operators and their successors and assigns.(7-1-26)

IDAPA 58.01.06.014 (Reserved)

IDAPA 58.01.06.032 Tier Ii and Tier Iii Application and Plan Review and Approval

1. Application Submittal. The owner and operator must submit three (3) copies of each required application to the Department and may submit applications for siting, design, operation, or groundwater monitoring approval sequentially or concurrently.(7-1-26)

2. Preapplication Conference. The owner and operator may request that the Department convene a preapplication conference with any interested federal, state and local entities to discuss the approval procedures, application content, time tables for application processing, siting and design requirements.(7-1-26)

3. Application Review.(3-24-22)

a.On receipt of an application the Department will, within thirty (30) days, notify the owner and operator in writing whether the submission is complete and whether the application identifies an appropriate Tier level. The notice will identify any deficiencies in the application, and the information relied upon in making the determination, and will state that an applicant may submit additional information in the form of an amended application, withdraw the application or request a conference to discuss the Department’s determination. (7-1-26)

b.Upon receipt of the Department’s determination that a siting application is complete, the owner and operator shall publish a notice in a newspaper of general circulation as determined in Chapter 1, Title 60, Idaho Code, in the county and the immediate vicinity of the proposed facility and also provide notice to local government. The notice must include the name and location of the proposed facility, a general description of the proposed operations, the location where the application may be reviewed, and instructions directing the public to submit comments to the Department within thirty (30) days of the date of publication. The owner and operator must provide a copy of the published notice and notice to local government to the Department within five (5) business days of publication.

c.The Department will approve, deny, or approve with conditions each application. Failure to issue a decision within the stated time shall be deemed approval. Approval conditions will relate to protection of human health and the environment as provided in these rules.(7-1-26)

i.For a siting application, the Department will notify the owner and operator in writing of the Department’s decision within thirty (30) days of the date of the close of the public comment period. The Department and the owner and operator may agree, in writing to a longer period of time for the Department’s determination.

Design, Operating and Groundwater Monitoring Applications will not be reviewed until the Siting Application is approved.(7-1-26)

ii. For the Design, Operating and Groundwater Monitoring applications, the Department will notify the owner and operator in writing of the Department’s decision within sixty (60) days from the date the application is determined to be complete.(7-1-26)

d.If the Department denies an application, the written decision will state the basis for the denial, and the information relied upon in making the determination.(7-1-26)

4. Application Valid for Two Years. Unless otherwise stated in the Department's approval of the facility's application, the Department's approval will become invalid if the owner and operator fail to begin construction within two (2) years from the date of approval, or if after construction has begun, work is suspended for more than two (2) years. Owners and operators may apply for an extension provided that the written request is received by the Department no less than one (1) month prior to expiration of the approval. Within fifteen (15) days from Department receipt of extension request, the Department will approve the extension request or deny the extension request and state the basis for denial.(7-1-26)

IDAPA 58.01.06.033 (Reserved)

IDAPA 58.01.06.061 Open Burning and Fires

Open burning is prohibited at facilities except as authorized by IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho,” and the following:(3-24-22)

1. No Open Burning During an Air Pollution Episode. No open burning may be conducted during an air pollution episode, declared in accordance with IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho”;(3-24-22)

2. Conditions Under Which Open Burning Authorized. Open burning is authorized only if it is infrequent and the materials are agricultural wastes, silviculture wastes, land clearing debris, diseased trees, or debris from emergency cleanup operations. Materials burned may not include garbage, dead animals, asphalt, petroleum products, paints, tires or other rubber products, plastics, paper (other than that necessary to start the fire), cardboard, treated wood, construction debris, metal, pathogenic wastes, hazardous wastes, or any other substance (other than natural vegetation) that when burned releases toxic emissions, dense smoke or strong odors; and(3-24-22)

3. Contact Department and Local Fire Authority Prior to Conducting Open Burning. Open burning may be conducted pursuant to conditions set forth by the Department or local fire authority. The owner and operator of the facility must contact the Department and the local fire authority prior to conducting open burning to report its nature and location.(3-24-22)

IDAPA 58.01.06.062 (Reserved)

IDAPA 58.01.06.994 Commercial Solid Waste Siting License Fee

An application for a commercial solid waste siting license required by the Idaho Solid Waste Facilities Act, Chapter 74, Title 39, Idaho Code, (ISWFA) must be accompanied by a siting license fee in an amount established by these rules. The license fee will not exceed seven thousand five hundred dollars ($7,500) and must be submitted with the siting license application.(7-1-26)

1. Commercial Solid Waste Siting License Fee Criteria. The commercial solid waste siting license fee required by the ISWFA and these rules apply to commercial MSWLFs only and will be based on the cost of the Department's review and the characteristics of the proposed commercial solid waste facility, including the projected site size, projected waste volume, and the hydrogeological and atmospheric characteristics surrounding the site.

2. Commercial Solid Waste Siting License Fee Scale. The commercial solid waste siting license fee required by the ISWFA and these rules will be determined using the table below. The fee determined using the table below may then be adjusted by the Department if necessary to reflect the cost of the Department's review, considering the hydrogeological and atmospheric characteristics surrounding the site.

3. Notification of Adjustment of Fee. Within thirty (30) days of receipt of the application and fee, the Department will notify the applicant if the fee has been adjusted and the date by which any additional fee must be paid by the applicant.(7-1-26)

4. Expansion or Enlargement of a Commercial Solid Waste Facility. The expansion or enlargement of a commercial solid waste facility constitutes a new proposal for which a commercial solid waste siting license is required and for which a siting license fee must be paid. All commercial solid waste facilities not in operation on March 20, 1996, must submit a commercial solid waste siting license application and fee. (7-1-26)

5. Commercial Solid Waste Siting License Fee Not Refundable. The commercial solid waste siting license fee required by the ISWFA and these rules will not be refundable and may not be applied toward any subsequent application should the commercial solid waste siting license application be canceled, withdrawn or denied.(7-1-26)

IDAPA 58.01.06.995 Commercial Solid Waste Siting License Application

In addition to the contents of a siting license application as required in the ISWFA, these rules require the applicant to include in the application the following items:(7-1-26)

1. Location. A map indicating the location of the proposed commercial solid waste facility;

2. Copies of Application. Ten (10) copies of the completed application; and(3-24-22)

3. Application Format. A copy of the application in a format prepared for photocopying. (3-24-22)

IDAPA 58.01.06.996 (Reserved)

COMMERCIAL SOLID WASTE SITING LICENSE FEE SCALE

PROJECTED SOLID WASTE VOLUME

Tons per day (TPD)

Site SizeUp to 20 TPD20 to 100 TPDMore than 100 TPD 5 acres or less$3,500$4,500$5,500 5 to 50 acres$4,500$5,500$6,500 more than 50 acres$5,500$6,500$7,500

58.01.16 Wastewater Rules

IDAPA 58.01.16.000 Legal Authority

Chapters 1 and 36, Title 39, Idaho Code.(7-1-26)

IDAPA 58.01.16.001 Scope

These rules establish the procedures and requ irements for the planning, design and operation of wastewater facilities, the disposal of wastewater, and human activities which may adversely affect public health and water quality. (7-1-26)

IDAPA 58.01.16.002 (Reserved)

IDAPA 58.01.16.003 Administrative Provisions

Persons may be entitled to appeal agency actions authorized under these rules pursuant to IDAP A 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.”(3-31-22)

IDAPA 58.01.16.004 Incorporation by Reference

Sections 401.2.9, 401.3.4, 401.3.6, 5 01.3.4, and 505.3.3 of “Idaho Standards for Public Works Construction,” 2020 Edition, are incorporated by reference into these rules. This document is available for review at the Department of Environmental Quality, 1410 N. Hilton, Boise, Idaho, (208)373-0502, or can be purchased for a fee from the Local Highway Technical Assistance Council (LHTAC) at LHTAC, 3330 Grace Street, Boise, ID, 83703, (208) 344-0565.

IDAPA 58.01.16.005 (Reserved)

IDAPA 58.01.16.007 Use of Guidance in Design and Review

Guidance documents are used to assist both designers and reviewers in determining a reasonable way to achieve compliance with these rules. Nothing in these rules makes the use of a particular guidance or guidance document mandatory. If the plans and specifications comply with applicable facility and design standards as set out in these rules, Section 39-118, Idaho Code, requires that the Department not substitute its judgment for that of the design engineer concerning the manner of compliance. If the design engineer needs assistance as to how to comply with a particular rule, the design engineer may use the referenced guidance documents listed in Section 008 for that assistance. However, the design engineer may also use other guidance or provide documentation to substantiate their own professional judgment.(7-1-26)

IDAPA 58.01.16.008 Referenced Material

01.Recommended Standards for Wastewater Facilities. A Report of the Wastewater Committee of the Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers. https://www.health.state.mn.us/communities/environment/water/docs/tenstates/tenstatestan2014.pdf.(7-1-26) 02.“Idaho Standards for Public Works Construction”. This document is available for review at the Department of Environmental Quality, 1410 N. Hilton, Boise, Idaho, (208)373-0502, or can be purchased for a fee through the Local Highway Technical Assistance Council (LHTAC) at LHTAC, 3330 Grace Street, Boise, ID, 83703, (208) 344-0565.(7-1-26)

03.Water Environment Federation (WEF) Manuals of Practice. Water Environment Federation, 601 Wythe Street, Alexandria, VA, 22314-1994, 1-800-666-0206, http://www.wef.org.(3-31-22)

04.American Society of Civil Engineers (ASCE) Manuals and Reports on Engineering Practices.

American Society of Civil Engineers, 1801Alexander Bell Drive, Reston, VA 20191, 800-548-2723, http:// www.asce.org.(3-31-22) 05.“Design Criteria for Mechanical, Electric, and Fluid System and Component Reliability.”

U.S. EPA (EPA-430-99-74-001), http://www.epa.gov.(3-31-22)

06.American National Standard Institute/Hydraulic Institute ANSI/HI 9.8, American National Standard for Centrifugal and Vertical Pump Intake Design. 1819 L Street NW Suite 600, Washington, DC 20036, (202) 293-8020, www.ansi.org.(3-31-22)

07.The Compressed Gas Association Publication CGA G-3-1995, “Sulfur Dioxide.”(3-31-22) 08.“Wastewater Engineering, Treatment and Reuse,” Metcalf and Eddy.(3-31-22) 09.“Ultraviolet Disinfection Guidelines for Drinking Water and Water Reuse,” National Water Research Institute/American Water Works Association (AWWA) Research Foundation, 6666 West Quincy Avenue, Denver, CO 80235, (800)926-7337, http://www.awwa.org.(3-31-22)

10.Pumping Station Design - Third Edition 2006. Garr M. Jones. Elsevier Publications.(3-31-22)

11.Idaho Waste Management Guidelines for Aquaculture Operations 1997. Aquaculture Waste Guidelines Advisory Committee. https://freshwater-aquaculture.extension.org/wp-content/uploads/2019/08/Idaho_ Waste_Management_Guidelines_for_Aquaculture_Operations.pdf(7-1-26)

IDAPA 58.01.16.009 (Reserved)

IDAPA 58.01.16.010 Definitions

The terms “Board,” “Department,” “Director,” “Person,” and “Waters” are defined in Section 39-103, Idaho Code.

The term “Ground water” (Groundwater) is defined in Section 39-121, Idaho Code. The terms “Beneficial Use” and “Watershed” are defined in IDAPA 58.01.02, “Water Quality Standards.” The term “Like-Kind Replacement” is defined in IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems.” The terms “Recycled Water” and “Reuse” are defined in IDAPA 58.01.17, “Recycled Water Rules.” The terms “Point Source” and “Water Pollution” are defined in IDAPA 58.01.25, “Idaho Pollutant Discharge Elimination System Rules.”(7-1-26)

01.Adequate Emergency Storage Capacity. Lift station wet well emergency storage capacity is the volume of the wet well measured between the high water alarm and the gravity sewer invert into the wet well. The collection system will not be used in the calculation for emergency storage. Adequate storage is defined as twice the estimated emergency response time multiplied by the peak hour flow to the wet well where the minimum emergency response time is thirty (30) minutes, unless otherwise approved by the Department. The high water alarm must be placed at an elevation below the wet well invert sufficient to achieve the defined volumetric emergency storage capacity.(7-1-26)

02.Biochemical Oxygen Demand (BOD). The measure of the amount of oxygen necessary to satisfy the biochemical oxidation requirements of organic materials at the time the sample is collected; unless otherwise specified, this term will mean the five (5) day BOD incubated at twenty (20) degrees C.(3-31-22)

03.Blackwaste. Human body waste, such as excreta or urine. This includes toilet paper and other products used in the practice of personal hygiene.(3-31-22)

04.Blackwater. A wastewater whose principal pollutant is blackwaste; a combination of blackwaste and water.(3-31-22)

05.Buildout. The estimated future wastewater capacity needs at full development, based on land use plans, zoning, or facility planning. Design capacities must account for these conditions unless expansion is readily achievable.(7-1-26)

06.Capacity. The capabilities required of a wastewater system to achieve and maintain compliance with these rules. It is divided into three (3) elements:(7-1-26)

a.Technical capacity means:(7-1-26)

i.Physical infrastructure to safely collect wastewater and consistently meet disposal standards and treatment requirements;(7-1-26)

ii.Ability to meet the requirements of routine and emergency operations; and(7-1-26)

ii.Ability of system personnel to adequately operate and maintain the system and to otherwise implement technical knowledge. Training of operators is required, as appropriate, for the system size and complexity.

b.Financial capacity means the financial resources of the wastewater system, including an appropriate budget; rate structure; cash reserves sufficient for current operation and maintenance, future needs and emergency situations; and adequate fiscal controls.(3-31-22)

c.Managerial capacity means the management structure of the wastewater system embodies the aspects of wastewater system operations, including, but not limited to:(7-1-26)

i.Short and long range planning;(3-31-22)

ii.Personnel management;(3-31-22)

iii.Fiduciary responsibility;(3-31-22)

iv.Emergency response;(3-31-22)

v.Customer responsiveness; and(3-31-22)

vi.Administrative functions such as billing and consumer awareness.(3-31-22)

07.Class A Recycled Water. For a comprehensive description of Class A recycled water, refer to IDAPA 58.01.17, “Recycled Water Rules.”(7-1-26)

08.Class A Recycled Water Distribution System. The delivery system for Class A recycled water.

The distribution system does not include any of the collection or treatment portions of the wastewater facility.

09.Collection System. That portion of the wastewater system or treatment facility in which wastewater is received from the premises of the user and conveyed to the point of treatment through a series of lines, pipes, manholes, pumps/lift stations and other appurtenances. For the purposes of municipal wastewater, a wastewater system must serve two or more wastewater service connections.(7-1-26)

10.Community Wastewater System. A publicly or privately owned wastewater system that generates, collects, treats, stores, or disposes of two thousand five hundred (2,500) or more gallons of wastewater per day based on Average Day Flow measured in the system. For new wastewater systems not constructed, Average Day Flow may be estimated as documented in an approved PER. This does not include:(7-1-26)

a.Any animal waste system used for agricultural purposes that have been constructed in part or whole by public funds; or(3-31-22)

b.Any industrial or other nonmunicipal wastewater system which is covered under Section 401.

11.Compliance Schedule or Compliance Agreement Schedule. A schedule of remedial and preventative measures and sequence of actions leading to compliance with a regulation, statute or rule, enforceable as set forth in Sections 39-116 and 39-116A, Idaho Code, respectively.(3-31-22)

12.Discharge. When used without qualification, any spilling, leaking, emitting, escaping, leaching, or disposing of a pollutant into waters.(7-1-26)

13.Disinfection. A method of reducing the pathogenic or objectionable organisms by means of chemicals or other acceptable means.(3-31-22)

14.Disposal. Removal of wastewater derived from municipal and nonmunicipal sources utilizing discharge, reuse, total containment, or other allowable methods.(7-1-26)

15.Disposal Facility. Any facility used for disposal of any wastewater. Facilities for the disposal of sludge are regulated under Section 650 of these rules.(3-31-22)

16.Effluent. Any treated wastewater disposed from a treatment facility.(7-1-26)

17.Equivalent Dwelling Unit (EDU). A measure where one (1) unit is equivalent to wastewater generated from one (1) single-family detached housing unit. For example, a business generating three (3) times as much wastewater as an average single-family detached housing unit would be considered three (3) equivalent dwelling units.(3-31-22)

18.Facility Plan. Comprehensive planning document for a municipal wastewater system describing the overall existing system - including the collection, treatment and disposal systems - and the plan for future systems including upgrades and additions. A Facility Plan may be referred to as a master plan or facilities planning study and is updated on a regular basis to account for growth patterns, regulatory requirement, or other needs.(7-1-26)

19.Facility and Design Standards. Facility and design standards are described in Sections 400 through 599 and must be followed in the planning, design, construction, and review of municipal wastewater facilities.(7-1-26)

20.Force Main. Pressurized pipeline for the purpose of conveying wastewater within a collection system or treatment facility.(7-1-26)

21.Gray Water. Domestic wastewater that does not contain blackwaste.(7-1-26)

22.Industrial Wastewater. Any waste, together with such water as is present, that is the by-product of industrial processes including, but not limited to, food processing or food washing wastewater.(3-31-22)

23.Land Application. A process or activity involving application of wastewater, surface water, or semi-liquid material to the land surface for the purpose of disposal, pollutant removal, or groundwater recharge.

24.License. A document issued by the Idaho Division of Occupational and Professional Licenses certifying that an individual has met the appropriate qualifications and has authority to practice in Idaho under the provisions of Chapter 24, Title 54, Idaho Code.(7-1-26)

25.Material Deviation. A change from the design plans that significantly alters the type or location of facilities, requires engineering judgment to design, or impacts public safety or welfare.(7-1-26)

26.Material Modification. Those modifications of an existing wastewater system that increase system capacity or alter the methods or processes employed. Increasing system capacity occurs by increasing pumping capacity of a system or the number of service connections within the system. Altering methods or processes employed occurs by adding new or altering existing wastewater system components to satisfy an increase in wastewater flow of the system or changing engineering design intent of the wastewater collection or treatment system. Maintenance as outlined in the approved operation and maintenance manual, or maintenance that does not meet the criteria of a material m odification described in this definition, is not a material modification. Like-kind replacement is not considered a material modification.(7-1-26)

27.Municipal Wastewater. Sewage and associated solids, whether treated or untreated, together with such water that is present. When incidental to flow and strength, industrial wastewater or other non-domestic sources may also be present.(7-1-26)

28.Non-Potable Mains. Pipelines that collect, deliver, or otherwise convey non-potable fluids from or to multiple service connections.(7-1-26)

29.Non-Potable Services. Pipelines that collect, deliver, or otherwise convey non-potable fluids from or to a non-potable main. These pipelines connect individual facilities to the non-potable main. This term also refers to pipelines that convey non-potable fluids from a pressurized irrigation system, recycled water system, and other non-potable systems to individual consumers.(7-1-26)

30.Nuisance. Anything which is injurious to the public health or an obstruction to the free use, in the customary manner, of any waters.(7-1-26)

31.Nutrients. The major substances necessary for the growth and reproduction of plant life consisting of nitrogen, phosphorus, and carbon compounds.(7-1-26)

32.Operating Personnel. Any person who is employed, retained, or appointed to conduct the tasks associated with the day-to-day operation and maintenance of a community wastewater system including persons making system control or system integrity decisions about water quantity or water quality that may affect public

33.Owner. The person, company, corporation, district, association, or other organizational entity that owns the wastewater system, and who provides, or intends to provide, wastewater service to system users and is ultimately responsible for the wastewater system operation.(7-1-26)

34.Pollutant. Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, silt, cellar dirt; and industrial, municipal and agricultural waste, gases entrained in water; or other materials which, when discharged to water in excessive quantities, cause or contribute to water pollution. Provided however, biological materials shall not include live or occasional dead fish that may accidentally escape into the waters of the state from aquaculture facilities.(3-31-22)

35.Potable Water. Water for human consumption. Also referred to as Water for Human Consumption or Drinking Water.(7-1-26)

36.Potable Mains. Pipelines that deliver potable water to multiple service connections.(3-31-22)

37.Potable Service. Pipelines that convey potable water from a connection to the potable water main to individual consumers.(7-1-26)

38.Preliminary Engineering Report (PER). Project specific design report for a new wastewater system or existing wastewater system undergoing material modifications. These reports address specific purpose and scope, design requirements, alternative solutions, costs, operation and maintenance requirements, and other requirements as described in Section 411.(7-1-26)

39.Primary Treatment. Processes or methods that serve as the first stage treatment of wastewater, intended for removal of suspended and settleable solids by gravity sedimentation; provides no changes in dissolved and colloidal matter in the sewage or waste flow.(7-1-26)

40.Private Wastewater Treatment Plant. A wastewater system that treats municipal wastewater and is under private ownership. These systems are typically initially owned, operated, and maintained by a developer with the ownership, operation and maintenance transferring to a homeowner’s association, or similar entity as lots are sold within the development.(7-1-26)

41.Qualified Licensed Professional Engineer (QLPE). A professional engineer licensed by the state of Idaho; qualified by education or experience in the specific technical fields involved in these rules; and retained or emp loyed by a city, county, quasi-municipal corporation, or regulated public utility for the purposes of plan and specification review.(3-31-22)

42.Quasi-Municipal Corporation. A public entity, other than community government, created or authorized by the legislature to aid the state in, or to take charge of, some public or state work for the general welfare.

For the purpose of these rules, this term refers to wastewater or sewer districts.(3-31-22)

43.Receiving Waters. Those waters which receive pollutants from point or nonpoint sources.

44.Recharge Water. Water specifically utilized for the purpose of adding water to the zone of saturation.(7-1-26)

45.Redundancy. Backup equipment and facilities to make the operation of the systems more reliable in emergency situations such as taking certain processes off-line or for treating spikes in wastewater flow or strength.

46.Reliability. Based on the wastewater system’s ability to consistently handle the wastewater flows in the community and to meet the requirements of its permits and includes redundancy built into the wastewater infrastructure and proper maintenance of the system.(7-1-26)

47.Reasonably Accessible. The following criteria must be used to determine whether a project proposing a new private wastewater treatment plant, or a material modification of an existing private wastewater treatment plant, is reasonably accessible to a municipal wastewater collection system.(7-1-26)

a.For an existing private wastewater treatment plant, reasonably accessible means the municipal wastewater collection system becomes located within a minimum of one thousand (1,000) feet of any portion of the disposal piping of a private wastewater treatment plant, and the owner of the municipal wastewater collection system will provide a “will serve” letter.(7-1-26)

b.For a proposed project which includes a new private wastewater treatment plant, reasonably accessible means the municipal wastewater collection system is located within a minimum of one thousand (1,000) feet of any portion of the proposed development or existing development property boundary, and the owner of the municipal wastewater collection system will provide a “will serve” letter.(7-1-26)

c.The Department may determine that a private wastewater treatment plant may be reasonably accessible to the municipal wastewater collection system at distances greater than those distances specified in a. or b. above based on site-specific factors.(7-1-26)

48.Responsible Charge (RC). Active, daily on-site or on-call responsibility for the performance of operations or active, on-going, on-site or on-call direction of employees and assistants.(7-1-26)

49.Responsible Charge Operator. Operator is an operator licensed at a class equal to or greater than the classification of the system who has been designated by the system owner to have direct supervision of and responsibility for the performance of operations of specified wastewater treatment systems or wastewater collection systems and the direction of personnel employed or retained at the same system. The responsible charge operator has an active daily on-site or on-call presence at the specified facility.(7-1-26)

50.Reviewing Authority. For those projects requiring preconstruction approval by the Department, the Department is the reviewing authority. For those projects allowing for preconstruction approval by others, pursuant to Subsection 400.03.b., the Qualified Licensed Professional Engineer (QLPE) is also the reviewing authority.(7-1-26)

51.Secondary Treatment. Processes or methods for the removal of biodegradable organic matter (in solut ion or suspension) and suspended solids. May include the removal of biodegradable organics and nutrients (nitrogen, phosphorus, or both nitrogen and phosphorus). Disinfection may also be included in secondary treatment.

52.Septage. Contents removed from septic tanks, portable vault toilets, privy vaults, wastewater holding tanks, very small wastewater treatment systems, or semi-public facilities (i.e., schools, motels, mobile home parks, campgrounds, small commercial endeavors) receiving wastewater from domestic sources. Non-domestic (industrial) wastes are not included in this definition. This does not include drinking water treatment residuals that may be held in a holding tank.(7-1-26)

53.Septage Transfer Station. A place where septage is accumulated for collection and subsequent removal without treatment.(7-1-26)

54.Service Connection. Point of connection between the utility’s system and the customer’s piping or premises, typically including the pipe, meter, valves, and appurtenances leading from the main to the customer’s property line.(7-1-26)

55.Sewage. Water-carried human or animal waste from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present.

56.Simple Wastewater Main Extension. New or replacement wastewater main(s) requiring plan and specification review per these rules and that will be connected by gravity, without the use of pumps or lift stations, to existing wastewater collection facilities that have the capacity to carry the additional wastewater flow and capacity at downstream treatment facilities to meet disposal requirements.(7-1-26)

57.Sludge. The semi-liquid mass produced and removed by municipal or nonmunicipal wastewater treatment processes.(7-1-26)

58.Substitute Responsible Charge Operator. A community wastewater operator holding a valid license at a class equal to or greater than the community wastewater system classification, designated by the system owner to replace and to perform the duties of the responsible charge operator when the responsible charge operator is not available or accessible.(7-1-26)

59.Surface Water Body. All surface accumulations of water, natural or artificial, public or private, or parts thereof which are wholly or partially within, which flow through or border upon the state. This includes, but is not limited to, rivers, streams, canals, ditches, lakes, and ponds. It does not include private waters as defined in Section 42-212, Idaho Code.(3-31-22)

60.Total Containment Lagoon. A wastewater lagoon that relies on evaporation for effluent disposal with no other permit to dispose.(7-1-26)

61.Treatment. A process or activity conducted for the purpose of removing pollutants from wastewater.(3-31-22)

62.Treatment Facility. Any physical facility or land area for the purpose of treating, neutralizing or stabilizing pollutants including treatment plants; the necessary conveyance, intercepting, outfall and outlet sewers; pumping stations integral to such plants or sewers; disposal or reuse facilities; equipment and furnishing thereof; and their appurtenances; also known as a treatment system, wastewater treatment system, wastewater treatment facility, or wastewater treatment plant.(7-1-26)

63.User. Any person served by a wastewater system. Also known as a service connection.(7-1-26)

64.Very Small Wastewater System. A community wastewater system that serves five hundred (500) service connections or less and includes a collection system with a system size of six (6) points or less on the system classification rating form and is limited to only one (1) or more of the following wastewater treatment processes:

a.Aerated lagoons;(3-31-22)

b.Non-aerated lagoons;(7-1-26)

c.P rimary treatment; or(3-31-22)

d.Primary treatment discharging to a large soil absorption system (LSAS).(3-31-22)

65.Wastewater. Any combination of liquid or water and pollutants from activities and processes occurring in dwellings, commercial buildings, industrial plants, institutions and other establishments, together with any groundwater, surface water, and storm water that may be present; liquid or water that is chemically, biologically, physically or rationally identifiable as containing blackwater, gray water or commercial or industrial pollutants; and sewage.(7-1-26)

66.Wastewater Flows. The following flows for the design year must be identified and used as a basis for design of wastewater systems including sewer mains, pumping stations, wastewater treatment plants, treatment units, and other wastewater handling facilities.(7-1-26)

a.Average Day Flow. The average day flow is the average of daily volumes to be received for a continuous twelve (12) month period expressed as a volume per unit time. However, the average day flow for design purposes for facilities having critical seasonal high hydraulic loading periods, such as recreational areas or industrial facilities, will be based on the average day flow during the seasonal period.(7-1-26)

b.Maximum Day Flow. The design maximum day flow is the largest volume of flow to be received during a continuous twenty-four (24) hour period expressed as a volume per unit time.(3-31-22)

c.Maximum Month Flow. The maximum month flow is the largest volume of flow to be received during any calendar month expressed as a volume per unit time.(3-31-22)

d.Peak Instantaneous Flow. The design peak instantaneous flow is the instantaneous maximum flow rate to be received.(3-31-22)

e.Peak Hour Flow. The design peak hour flow is the largest volume of flow to be received during a one (1) hour period expressed as a volume per unit time.(3-31-22)

67.Wastewater Lagoon. Manmade impoundments constructed with earthen or semi-permeable embankments with an impervious liner for the purpose of storing, treating, or disposing of wastewater or effluent.

68.Wastewater Pumping Station. A wastewater facility that collects wastewater from the collection system or the treatment system and pumps it to a higher elevation. Also called lift station or wastewater lift station.

69.Wastewater System. A collection system or treatment facility, or a combination of collection system and treatment facility. This includes all structures, equipment, or processes required to collect, convey, treat, store, and dispose of wastewater.(7-1-26)

70.Wastewater System Operator. The person employed, retained, or appointed to conduct the tasks associated with routine and emergency operation and maintenance of a community wastewater system to safeguard the public health and environment.(7-1-26)

IDAPA 58.01.16.011 (Reserved)

IDAPA 58.01.16.201 Wastewater System Requirements

01.Appropriate Control Measures.

The Department, through approval or disapproval of plans and specifications for wastewater systems, the issuance of wastewater discharge permits, orders, compliance schedules, directives or any of the mechanisms at its disposal, will require persons to apply appropriate control measures necessary to achieve and maintain the water quality standards contained in IDAPA 58.01.02, “Water Quality Standards.” or IDAPA 58.01.11, “Groundwater Quality Rule.”(7-1-26)

02.Degree of Treatment. The degree of wastewater treatment required to restore and maintain the standards of quality will be determined in each instance by the Department, based upon the following:(3-31-22)

a.The uses which are made or desired of the receiving water;(3-31-22)

b.The volume and nature of flow of the receiving water;(3-31-22)

c.The quantity and quality of the wastewater to be treated; and(3-31-22)

d.The presence or absence of other sources of water pollution on the same watershed, stream segment or aquifer.(3-31-22)

03.Operation. Any person who owns or operates any wastewater system must at all times:(7-1-26)

a.Ensure that such facility is operated under competent supervision and with the highest efficiency that can reasonably be expected;(7-1-26)

b.Ensure that untreated or partially treated wastewater is not disposed of to the ground surface unless otherwise permitted or approved by the Department; and(7-1-26)

c.Maintain such facility in good repair.(3-31-22)

d.Maintain records as necessary to operate the wastewater system and document compliance.

04.Falsification of Records. It is a violation of these rules for any person to falsify or knowingly render inaccurate any treatment record required under these rules.(7-1-26)

IDAPA 58.01.16.202 Classification of Community Wastewater Systems

01.Classification.

All community wastewater systems will be classified based on indicators of potential health risks. Classification of treatment and collection systems govern the level of licensure and operator training necessary to ensure proper operation and maintenance of a community wastewater system. Licensure is governed by the Division of Occupational and Professional Licensing rules at IDAPA 24.05.01.(7-1-26)

a.Classification rating forms developed in accordance with the criteria in Subsection 202.02 must be completed by the community wastewater system owner or designee at the time the wastewater system is in operation for every community wastewater treatment facility and wastewater collection system. Community wastewater treatment and wastewater collection system owners or designee must submit additional classification rating forms at five (5) year intervals or when directed by the Department to submit a revised classification rating form.(7-1-26)

b.The Department will review system classification rating forms and issue the final system classification.(7-1-26)

02.Classification Criteria. The following criteria will be used to classify community wastewater systems:(7-1-26)

a.Complexity, size, volume, and variability in raw waste for treatment systems using guidelines established by the Department.(7-1-26)

b.Complexity or size of collection systems.(3-31-22)

c.Other criteria necessary to completely classify systems.(7-1-26)

IDAPA 58.01.16.203 Community Wastewater System Opera

TOR LICENSURE REQUIREMENTS.

01.System Operator Licensure.

Owners of all community wastewater systems must place the direct supervision of their wastewater systems, including each treatment system and each collection system or each very small wastewater system, under the responsible charge of an operator who holds a valid license issued by the Idaho Division of Occupational and Professional Licenses equal to or greater than the classification of each treatment system and each collection system or each very small wastewater system. An operator in responsible charge of both a wastewater treatment system and a collection system must hold two (2) licenses, one (1) for wastewater treatment and one (1) for collection, except for a very small wastewater system for which the responsible charge operator may hold a single very small wastewater system license. When the responsible charge operator is not available, the community wastewater system owner must designate a substitute responsible charge operator. Owners must notify the Department in writing of any change of responsible charge or substitute responsible charge operator within thirty (30) days of such change.(7-1-26)

02.Wastewater System Operator Licensure Exceptions.(3-31-22)

a.Community wastewater system operating personnel that exclusively operate a Class A Recycled Water Distribution System in accordance with IDAPA 58.01.17, “Recycled Water Rules,” are not subject to operator licensure requirements as outlined in these rules.(7-1-26)

b.Any non-pressurized drainfield and associated septic tank and collection system operating personnel are not subject to operator licensure requirements.(3-31-22)

IDAPA 58.01.16.204 Contracting for Services

Community wastewater systems may contract with properly licensed operating personnel to provide responsible charge operators and substitute responsible charge operators. Proof of such contract must be submitted to the Department prior to the contracted operating personnel performing any services at the community wastewater system.(7-1-26)

IDAPA 58.01.16.205 (Reserved)

IDAPA 58.01.16.260 Subsurface Sewage Disposal

For permitting and approval processes for subsurface sewage dis posal see IDAPA 58.01.03, “Individual/Subsurface Sewage Disposal Rules and Rules for Cleaning of Septic Tanks.”(7-1-26)

IDAPA 58.01.16.261 (Reserved)

IDAPA 58.01.16.400 Review of Plans for Municipal Wastewater Systems

Plans and specifications for municipal wastewater systems must comply with the facility and design standards set forth in Sections 410 through 599. The plans and specifications must contain sufficient detail to allow for the construction of the wastewater systems. If design issues are not addressed by the facility and design standards, then guidance documents, some of which are listed in Section 008, may be used as guidance in the design and review of the plans and specifications. See also Section 007.(7-1-26)

01.Ownership. Documentation of the ownership and responsibility for operating the proposed wastewater system must be made available to the Department prior to or concurrent with the submittal of plans and specifications described in Subsection 400.03. The documentation must demonstrate financial arrangements adequate for construction, operation, and maintenance of the system. Documentation must also include the name of the wastewater system owner; the name, address, and phone number of the wastewater treatment facility; and the name, address, and phone number of the responsible charge operator. This information may be presented in a “will serve” letter described in Subsection 400.02.(7-1-26)

02.Will Serve Letter. If the proposed project connects to an existing wastewater system, a letter from the existing wastewater system must be submitted to the Department stating that the existing wastewater system is able to and will provide services to the proposed project and that the wastewater system has reviewed and accepted the proposed construction plans and specifications subject to Department review and approval. The Department may require further documentation showing the ability of the existing wastewater system to provide service to the proposed project. This letter must be submitted prior to or concurrent with the submittal of plans and specifications described in Subsection 400.03.(7-1-26)

03.Plan and Specification Review.(3-31-22)

a.Except as provided in Subsection 400.03.b., all plans and specifications for the construction of new municipal wastewater systems, or material modifications to existing municipal wastewater systems must be submitted to the Department for review and approval before construction may begin and all construction must be in substantial compliance. This does not include plan and specifications for facilities for sludge disposal but does include plans and specifications for treatment or storage of sludge. The Department will review plans and specifications in accordance with timelines set forth in Section 39-118, Idaho Code. If construction is not completed within twelve (12) months of the Department’s final approval, an extension or re-approval must be obtained from the Department. The Department may require re-submittal of all or part of the plans and specifications prior to issuing an extension or re-approving the plans and specifications. The Department may, at its discretion, issue an approval or reapproval for a duration of more than twelve (12) months based on documentation provided by the design engineer that completion of construction is anticipated to be more than twelve (12) months. No material deviation may be made to the approved plans and specifications without the prior approval of the Department.(7-1-26)

b.Plans developed for simple wastewater main extensions do not require preconstruction approval by the Department when such facilities will be owned and operated by a city, county, quasi-municipal corporation or regulated public utility, provided that such plans and specifications are reviewed and approved by a QLPE to verify compliance with these rules prior to initiation of construction. At the discretion of the city, county, quasi-municipal corporation or regulated public utility, the plans addressed by this subsection may be referred to the Department for review and approval prior to initiation of construction. The Department has the authority to review plans and specifications approved by a QLPE and can require modifications if the plans and specifications do not meet facility and design standards. Any plans and specifications approved pursuant to this subsection must be transmitted to the Department at the time construction is authorized and must be marked or stamped as “Approved for Construction.”

The plans and specifications must be sealed, signed, and dated by the professional engineer in responsible charge of their preparation, and the approval or transmittal letter must be sealed, signed, and dated by the QLPE that is approving the plans and specifications. Along with the plans and specifications, the transmittal must include the following statements.(7-1-26)

i.The author of the transmittal letter is the QLPE representing the city, county, quasi-municipal corporation or regulated public entity.(7-1-26)

ii.The extension project complies with the current facility plan or PER, or a statement that the wastewater system has adequate capacity.(7-1-26)

iii.The city, county, quasi-municipal corporation or regulated public entity or its authorized agent that the wastewater system owner will serve the project.(7-1-26)

iv.The city, county, quasi-municipal corporation or regulated public entity or its authorized agent that the wastewater system owner will own and operate the project after construction is complete.(7-1-26)

v.The QLPE approved plans and specifications for construction.(7-1-26)

vi.The QLPE ensures plans and specifications comply with the facility standards within these rules.

vii.Recommending whether sanitary restrictions can be released or should remain in force.(7-1-26)

c.A QLPE may approve:(7-1-26)

i.Plans and specifications for simple wastewater main extensions that will be able to dispose to an existing wastewater system owned by a city, county, quasi-municipal corporation, or regulated public utility at the time the extension is approved for construction by the QLPE;(7-1-26)

ii.Plans for simple wastewater main extensions which will dispose to an existing wastewater system owned by a city, county, quasi-municipal corporation, or regulated public utility, but are unable to connect to the wastewater system at the time the extension is approved for construction by the QLPE, provided sanitary restrictions remain in force for the proposed extension; and(7-1-26) iii .A design that was prepared by a subordinate engineer or an engineer from a separate design group within the city, county, quasi-municipal corporation, or regulated public utility if the QLPE is employed by a city, county, quasi-municipal corporation, or regulated public utility.(7-1-26)

d.A QLPE may not approve:(7-1-26)

i.Plans and specifications which include mechanical systems such as wastewater pumping stations, force mains, or treatment facilities;(7-1-26)

ii.Plans and specifications which the QLPE was the design engineer or otherwise involved in the design; and(7-1-26)

iii.Plans and specifications designed by the company with which the QLPE is employed if the QLPE is not employed by a city, county, quasi-municipal corporation or regulated public utility.(7-1-26)

04.Engineer’s Seal. Plans and specifications submitted to the Department for the construction or material modification of wastewater systems must be prepared by or under the supervision of an Idaho licensed professional engineer and must be sealed, signed, and dated by the professional engineer in responsible charge of their preparation.(7-1-26)

05.Record Plans and Specification.(3-31-22)

a.Must be submitted to the Department as specified in Section 39-118(3), Idaho Code.(7-1-26)

b.Record plans and specifications, or a statement submitted in lieu of record plans and specifications, must be sealed, signed, and dated by the professional engineer in responsible charge of their preparation.(3-31-22)

06.Compliance With Applicable Standards and Rules. All plans and specifications submitted must be in compliance with these rules and conform in style and quality to regularly accepted engineering standards.

07.Exception. The Department may waive the plan and specification approval for any facility or category of facilities which will have no significant impact on the environment or public health.(7-1-26)

08.Department Approval On-site During Construction. The owner must maintain one (1) copy of the approved plans and specifications and the approval letter from the reviewing authority on-site during construction at all times.(7-1-26)

09.Construction Inspection. Except as provided in Subsection 400.03.b., construction may not commence until all necessary approvals have been received from the Department. The owner must ensure an Idaho licensed professional engineer can confirm material compliance with the approved plans and to produce accurate record documents as described in Subsection 400.05.(7-1-26)

IDAPA 58.01.16.401 Review of Plans for Nonmunicipal Wastewater Systems

01.Plan and Specification Approval.

The Department reviews nonmunicipal wastewater system plans and specifications external to in-plant processes to ensure compliance with this chapter. The construction of any new, or material modification of an existing, nonmunicipal wastewater system must not begin before plans and specifications for the proposed facility have been submitted to and approved by the Department. Aquaculture facilities must submit plans and specifications for construction, modification, or expansion of waste treatment or disposal facilities for review and approval consistent with Section 39-118(5), Idaho Code. Infrastructure for water conveyance or aquatic organism husbandry within an aquaculture facility, prior to its discharge or diversion to waste treatment or disposal facility, does not require engineering design submittal under these rules.(7-1-26)

02.Deviations from Approved Plans. No material deviations may be made from the approved plans and specifications without prior approval from the Department.(7-1-26)

03.Engineer’s Seal. Plans and specifications submitted to the Department must be prepared by or under the supervision of an Idaho licensed professional engineer and be sealed, signed, and dated by the professional engineer in responsible charge of their preparation. Construction must be observed by an Idaho licensed professional engineer or a person under the supervision of an Idaho licensed professional engineer.(7-1-26)

04.Record Plans and Specifications.(3-31-22)

a.Must be submitted to the Department as specified in Section 39-118(3), Idaho Code.(7-1-26)

b.Record plans and specifications, or a statement submitted in lieu of record plans and specifications, must be sealed, signed, and dated by the professional engineer in responsible charge of their preparation.(3-31-22)

05.Exception. The Department can waive the plan and specification approval described in Subsection 401.01 for any facility or category of facilities which will have no significant impact on the environment or on public

06.Department Approval On-site During Construction. The owner must maintain a copy of the approved plans and specifications and the approval letter from the Department on-site during construction at all times.(7-1-26)

07.Applicability of Standards. The facility and design standards for municipal wastewater systems set out in these rules do not apply to nonmunicipal wastewater systems covered under Section 401. All plans and specifications submitted pursuant to Section 401.01 must conform in style and quality to regularly accepted engineering standards and applicable guidance and include the basis of design information and applicable design criteria.(7-1-26)

IDAPA 58.01.16.402 (Reserved)

IDAPA 58.01.16.409 Demonstration of Technical, Financial, and Managerial Capacity

No person may proceed, or cause to proceed, with construction of a new community wastewater system, a new private treatment plant, a new municipal wastewater treatment facility, or a new privately owned municipal wastewater pumping station until it has been demonstrated to the Department that the wastewater system will have adequate technical, financial, and managerial capacity. Demonstration of capacity must be submitted to the Department prior to, or concurrent with, the submittal of plans and specifications, as described in Section 39-118, Idaho Code, and Subsection 400.03. The Department will issue in writing its approval of the new system capacity demonstration. Existing wastewater systems incapable of demonstrating technical, financial, or managerial capacity as identified through operational problems, may be required to submit additional technical, financial, or managerial documentation to the Department for review and approval.(7-1-26)

01.Technical Capacity. To meet this provision, the system owner must submit documentation demonstrating:(7-1-26)

a.The system meets the relevant design, construction, and operating requirements of these rules;

b.A plan is in place to deal with emergencies;(3-31-22)

c.A plan exists for replacement or improvement of infrastructure as necessary; and(3-31-22)

d.The system has trained personnel with an understanding of the technical and operational characteristics of the system.(3-31-22)

02.Financial Capacity.(7-1-26)

a.Documentation of financial capacity must include, but is not limited to:(7-1-26)

i.Organizational and financial arrangements adequate to construct and operate the wastewater system in accordance with these rules. This information can be provided by submitting estimated construction, operation, and maintenance costs, letters of credit, or other access to financial capital through public or private sources and, if available, a certified financial statement;(7-1-26)

ii.Revenue sufficiency, that includes, but is not limited to, billing and collection procedures; a proposed rate structure demonstrating the availability of operating funds; revenues for depreciation and reserves; and the ability to accrue a capital replacement fund. A preliminary operating budget must be provided; and(7-1-26)

iii.Adequate fiscal controls.(7-1-26)

b.For private wastewater treatment plants, a performance bond, maintenance bond, or cash reserve of one (1) year of operation and maintenance costs is required to ensure continuous and adequate operation and maintenance.(7-1-26)

03.Managerial Capacity. To demonstrate adequate managerial capacity, the system owner must submit at least the following information to the Department:(7-1-26)

a.Clear documentation of legal ownership and any plans that may exist for transfer of that ownership upon completion of construction or after a period of operation;(3-31-22)

b.The name, address, and telephone number of the person who will be accountable to ensure that the wastewater system follows these rules;(7-1-26)

c.The name, address, and telephone number of the responsible charge operator and the substitute responsible charge operator;(7-1-26)

d.A description of how the wastewater system will be managed. Information such as by-laws, restrictive covenants, articles of incorporation, or procedures and policy manuals which describe the management organizational structure must be provided;(7-1-26)

e.A description of staff qualifications, including training, experience, certification or licensing, and continuing education;(7-1-26)

f.An explanation of how the wastewater system will establish and maintain effective communications and relationships between the wastewater system management, its customers, professional service providers, and any applicable regulatory agencies; and(3-31-22)

g.Evidence of planning for future growth, equipment repair and maintenance, and longterm replacement of system components.(7-1-26)

04.Consolidation. In demonstrating new system capacity, the owner of the proposed new system must investigate the feasibility of obtaining wastewater service from an established wastewater system. If such service is available, but the owner elects to proceed with an independent system, the owner must explain why this choice is in the public interest in terms of environmental protection, affordability to wastewater users, and protection of public

IDAPA 58.01.16.410 Facility and Design Standards for Municipal Wastewater Systems:

FACILITY PLANS.

01.Facility Plans. Unl ess otherwise noted in this subsection, all new municipal wastewater systems and all existing municipal wastewater systems undergoing material modification are required to have a current facility plan that addresses all applicable issues specifically required in Sections 410 and 420 through 599. The facility plan must address these issues sufficiently to determine the effects of the project on the overall wastewater infrastructure. Facility plans must address the entire potential service area of the wastewater system. A facility plan may be completed for collection systems only, for treatment facilities only, or for both the collection system and the treatment facility. If such a collection system facility plan is prepared, and flows increase more than the design capacity of downstream collection and treatment facilities, the impact of the flow must be addressed in the facility plan.(7-1-26)

a.A facility plan is not required if the Department is provided documentation supporting the ability of the wastewater system to provide service for the simple wastewater main extension without adding wastewater pumping stations or treatment capacity to the treatment facility and without overloading the existing collection system. Documentation may be in the form of:(7-1-26)

i.Hydraulic modeling;(3-31-22)

ii.Usage data and flow calculations;(3-31-22)

iii.Declining balance reports that demonstrate the wastewater system has the capacity to supply the service area of the system served by the extension; or(7-1-26)

iv.Other documentation acceptable to the Department.(3-31-22)

b.A Department-approved facility plan is not required to be in place prior to the QLPE approving simple wastewater main extensions pursuant to Subsection 400.03.b., provided that the system is in compliance with the facility and design standards in the area served by the extension. If the Department has not approved a facility plan which covers the proposed simple wastewater main extension, then the system owner or the QLPE must include with the transmittal letter documentation supporting the ability of the system owner to provide service for the simple wastewater main extension without adding wastewater pumping stations or treatment capacity to the system and without overloading the existing collection system. The system owner must provide this documentation to the QLPE as necessary. Documentation may be in the form of:(7-1-26)

i.Hydraulic modeling;(3-31-22)

ii.Usage data and flow calculations;(3-31-22)

iii.Declining balance reports that demonstrate the system has the capacity to supply the service area of the system served by the extension; or(3-31-22)

iv.Other documentation acceptable to the Department.(3-31-22)

02.Submittal to Department. Facility plans must be submitted to the Department for review and approval prior to the submission of plans and specifications for a project related to the facility plan.(7-1-26)

03.Engineer’s Seal. Facility plans submitted to the Department must be sealed, signed, and dated by the professional engineer in responsible charge of their preparation.(7-1-26)

04.Facility Plan Contents. The facility plan must assemble basic information, present criteria and assumptions, address hydraulic capacity, treatment capacity, and operation and maintenance considerations, and examine alternative solutions with preliminary layouts, cost estimates, and project financing. The facility plan is intended to address system wide growth, to identify system deficiencies, and to lay out a plan for system upgrades and expansion. The minimum requirements for a facility plan are in Subsections 410.04.a. through 410.04.c. If specific items are not applicable to a particular facility plan, then the engineer must state this in the facility plan and state the reason why it is not applicable.(7-1-26)

a.The facility plan for a new wastewater system must include sufficient detail to support the provisions of Sections 410 through 520 and address these items:(7-1-26)

i.Provide a general description and location of the system including service boundaries;(7-1-26)

ii.Provide the estimated design population and service connections expressed as EDUs of the system;

iii.Provide design data for domestic, commercial, and industrial wastewater generation, including average day, maximum day, maximum month, or peak hour flows;(7-1-26)

iv.Identify and describe any anticipated or proposed wastewater collection systems. Include specific details on any anticipated or proposed wastewater pumping stations and on any anticipated or proposed wastewater interceptor or trunk lines; v .Identify and describe any anticipated or proposed treatment facilities. Provide specific detail on the type and level of treatment and the required capacity of the treatment facility;(7-1-26)

vi.Identify and describe any anticipated or proposed wastewater disposal system(s). Include specific information on the location and method of disposal and information on any existing disposal permits or estimated timelines to obtain anticipated required permits; and(7-1-26)

vii.Describe the drinking water distribution system with reference to the relationship to existing or proposed wastewater structures which may affect the operation and location of the wastewater system.(7-1-26)

b.The facility plan for an existing wastewater system must include sufficient detail to support the provisions of Sections 410 through 520, address all items in Subsections 410.04.a.i. through 410.04.a.viii., and the following:(7-1-26)

i.Provide a system-wide hydraulic analysis of the collection system unless otherwise approved by the Department. Any hydraulic analysis of an existing collection system must be properly calibrated. The type and sophistication of the hydraulic analysis will be dependent on the type of the wastewater system;(7-1-26)

ii.Identify and evaluate problems or deficiencies related to the wastewater system;(7-1-26)

iii.Identify the design capacity of existing facilities and the current operating flows;(7-1-26)

iv.Identify if two (2) or more wastewater systems will become one operating under the same governance, management, and financial functions including the physical interconnection of two or more wastewater systems;(7-1-26)

v.Describe financing options for projects identified in the facility plan;(7-1-26)

vi.Set forth anticipated charges for users;(7-1-26)

vii.Review organizational and staffing requirements;(7-1-26) viii.Offer project recommendations for client consideration; and(7-1-26)

ix.Outline official actions and procedures to implement the project.(3-31-22)

c.If the project is funded by the state revolving fund or a state grant, the facility plan must meet the provisions of Subsections 410.04.a. and 410.04.b., and other requirements that may also apply. See IDAPA 58.01.12, “Rules for Administration of Wastewater and Drinking Water Loan Funds,” and IDAPA 58.01.22, “Rules for Administration of Planning Grants for Drinking Water and Wastewater Facilities.”(7-1-26)

d.A checklist which can be used for guidance can be found on the DEQ website at http:// www.deq.idaho.gov. This checklist is for Department grant and loan projects, but may be used in part or in whole as a guide to assist in the development of any facility plan.(7-1-26)

IDAPA 58.01.16.411 Facility and Design Standards for Municipal Wastewater Systems:

PRELIMINARY ENGINEERING REPORTS.

01.Preliminary Engineering Reports (PERs). PERs are required for municipal wastewater system projects that require plan and specification review and approval pursuant to Subsection 400.03 and must address all applicable issues specifically required in Sections 411 through 599. PERs must be completed for wastewater collection system projects, all pump station projects, all treatment facility designs and upgrades, and all septage transfer stations. PERs are not required for simple wastewater main extensions that are approved in accordance with Subsections 410.01.a. or 410.01.b.(7-1-26)

02.Submittal to Reviewing Authority. PERs must be submitted to the Department for review and approval prior to the submission of plans and specifications.(7-1-26)

03.PER Contents. The PER must include sufficient detail to demonstrate that the proposed project meets applicable design criteria. The PER generally addresses project specific issues rather than the overall systemwide plan. The PER must identify and evaluate wastewater related problems; assemble basic information; present design criteria and assumptions; examine alternative solutions with preliminary layouts and cost estimates; offer a conclusion with a proposed project; and outline official actions and procedures to implement the project. The items included in Subsections 411.03.a. through 411.03.c., and other items specifically described in Sections 426 through 599 must be addressed in detail in the PER. If specific items are not applicable to a particular design, then the designer must state this in the PER and state the reason why it is not applicable. Items adequately addressed in the facility plan under which the project is being designed, may be addressed by reference for purposes of the PER.

a. Items applicable to all PERs:(7-1-26)

i.The PER must reference or update items provided in the Department-approved facility plan. These items include, but are not limited to:(7-1-26)

(1)Location of project;(3-31-22)

(2)Existing and future population and service connections expressed as EDUs served by project;

(3)Existing and future wastewater flow rates;(7-1-26)

(4)Existing and proposed collection system;(3-31-22)

(5)Existing and proposed treatment facilities;(7-1-26)

(6)Existing and proposed disposal methods;(3-31-22)

(7)Drinking water system impacts;(3-31-22)

(8)Hydraulic analysis; and(3-31-22)

(9)Financing methods.(3-31-22)

ii.The PER must include a summary of applicable codes and standards that apply to the proposed project;(7-1-26)

iii.The PER must provide as applicable estimated construction costs for public works projects or projects funded by public monies; and(7-1-26)

iv.The PER must include the proposed construction schedule.(7-1-26)

b.Items applicable to PERs for wastewater collection system projects include all items listed in Subsection 411.03.a. and:(7-1-26)

i.Current project and future wastewater flow rates including build out conditions;(7-1-26)

ii.Piping size, material, and installation methods;(7-1-26)

iii. Depth of bury and slope including justification for slopes based on widely used guidance documents or published friction coefficients and Manning’s formula;(7-1-26)

iv.Soil and groundwater conditions;(7-1-26)

v.Corrosion protection; and(7-1-26)

vi.Odor control.(7-1-26)

c.Items applicable to PERs for wastewater pump station projects include all items listed in Subsection 411.03.a. and the following:(7-1-26)

i.The PER must discuss and present the design criteria applicable to the proposed project. The design criteria includes, but is not limited to:(7-1-26)

(1)Wastewater flow rates including average day, maximum day, and peak hour flows;(3-31-22)

(2)Influent wastewater characteristics, including characteristics during periods of wet weather flows;

(3)Size and configuration;(7-1-26)

(a)Friction losses through force mains must be based on the Hazen and Williams formula or other acceptable methods. When the Hazen and Williams formula is used, the friction losses for varying values of “C” must be evaluated for different types and ages of pipe; and(7-1-26)

(b)When initially installed, force mains will have a significantly higher “C” factor. The effect of the higher “C” factor must be considered in calculating maximum power requirements and duty cycle time to prevent damage to the motor. The effects of higher discharge rates on selected pumps and downstream facilities must also be considered; and(7-1-26)

(4)Redundancy provisions.(3-31-22)

ii.The PER must describe the proposed site and layout of the wastewater pumping station. This information includes, but is not limited to:(7-1-26)

(1)Currently proposed facilities;(3-31-22)

(2)Geotechnical investigation and provisions including buoyancy calculations if required;(3-31-22)

(3)Flood control provisions;(3-31-22)

(4)Security;(3-31-22)

(5)Operations and maintenance assessments; and(3-31-22)

(6)Odor management plans.(3-31-22)

iii.The PER must discuss instrumentation and control that will be provided. This information includes, but is not limited to:(7-1-26)

(1)System configuration;(3-31-22)

(2)Operator interface;(3-31-22)

(3)Process and instrumentation diagrams;(7-1-26)

(4)Alarm systems.(3-31-22)

iv.The PER must describe how the system will be operated during power outages, equipment failures, or other unforeseen system failures.(7-1-26)

d.Items applicable to PERs for wastewater treatment facility designs and upgrades include all items listed in Subsection 411.03.a., Subsection 411.03.c., and the following:(7-1-26)

i.The PER must discuss and present the design criteria applicable to the proposed project. The design criteria includes, but is not limited to:(7-1-26)

(1)Wastewater flow rates including average day, maximum day, maximum month, and peak hour flows;(3-31-22)

(2)Effluent requirements;(3-31-22)

(3)Solids production, disposal, or recycling requirements;(3-31-22)

(4)Process units design criteria, process selection, and support data;(3-31-22)

(5)Mass balance calculations for process units including, but not limited to, flow and solids; and (6)Monitoring and reporting requirements.(3-31-22)

ii.The PER must describe the proposed site and layout of the treatment facilities. This information includes, but is not limited to:(7-1-26)

(1)Currently proposed facilities;(3-31-22)

(2)Facilities for twenty (20) year design conditions;(3-31-22)

(3)Facilities for build-out conditions;(3-31-22)

(4)Space for facilities potentially necessary to meet higher levels of treatment;(3-31-22)

(5)Liquid process facilities and conveyance;(3-31-22)

(6)Sludge process facilities and conveyance;(7-1-26)

(7)Plant access and on-site roads and walkways;(3-31-22)

(8)Process piping and utilities;(3-31-22)

(9)Buffer zones;(3-31-22)

(10)Landscaping;(3-31-22)

(11)Administration and operations buildings;(3-31-22)

(12)Onsite laboratory facilities; and(3-31-22)

(13)Treatment during construction and proposed unit bypassing requirements in accordance with applicable disposal permits.(7-1-26)

iii.The PER must provide a hydraulic profile for the proposed treatment facilities. This information includes, but is not limited to:(7-1-26)

(1)Twenty (20) year design facilities;(3-31-22)

(2)Provision for higher levels of treatment;(3-31-22)

(3)Receiving stream one hundred (100) year surface water elevation; and(3-31-22)

(4)Hydraulics and pipe sizing for build-out conditions.(3-31-22)

iv.The PER must describe in detail the proposed process units and discuss how the proposed units will interface with any existing process units. This information includes, but is not limited to:(7-1-26)

(1)Current project and twenty (20) year design and build-out conditions;(3-31-22)

(2)Size and number of units and loading rates;(3-31-22)

(3)Redundancy provisions;(3-31-22)

(4)Equipment type, size, performance criteria, and power requirements;(3-31-22)

(5)Structure, equipment, and piping layout;(3-31-22)

(6)Special code requirements;(3-31-22)

(7)Cold temperature operation; and(3-31-22)

(8)Procedures required for initial start-up of process unit(s), including procedures for handling initial system flows that are less than minimum flow requirements for the process unit(s).(7-1-26)

04.Engineer’s Seal. PERs submitted to the Department must be sealed, signed, and dated by the professional engineer in responsible charge of their preparation.(7-1-26)

IDAPA 58.01.16.412 (Reserved)

IDAPA 58.01.16.425 Facility and Design Standards for Municipal Wastewater Systems:

OPERATION AND MAINTENANCE MANUALS.

01.Manual Contents.

An operation and maintenance manual or manuals must be developed for all wastewater systems and include, but not limited to, the following contents: daily operating instructions, operator safety and emergency response procedures, location of valves and other key system features, a parts list and parts order forms, maintenance schedule, and information for contacting the responsible charge operators. An operational trouble-shooting section must be supplied to the wastewater system as part of any proprietary unit installed in system’s facilities.(7-1-26)

02.Approval. Final operation and maintenance manuals for new construction or material modification of wastewater systems that include pumping stations or treatment facilities must be submitted to the Department for review and approval prior to start-up of the proposed system unless the system components are already covered in an existing manual.(7-1-26)

IDAPA 58.01.16.426 (Reserved)

IDAPA 58.01.16.430 Facility and Design Standards for Municipal Wastewater Systems --

DESIGN AND CONSTRUCTION OF WASTEWATER PIPELINES.

01.Design Capacity. Sewer capacities must be designed for the estimated buildout flow, except in considering parts of the systems that can be readily increased in capacity.(7-1-26)

02.Details of Design and Construction.(3-31-22)

a.Minimum pipe size for gravity sewer mains must be eight (8) inches in diameter. Minimum pipe size for gravity sewer services must be four (4) inches in diameter. Pipe diameters larger than these minimums must be based on cleaning capability and hydraulic capacity and conform with the required planning documents. (7-1-26)

b.Wastewater pipelines must be installed sufficiently deep or specifically designed to prevent freezing and to protect the facilities from surface loading.(7-1-26)

c.Buoyancy of wastewater pipelines must be considered and flotation of the pipe must be prevented with appropriate construction where high groundwater conditions are anticipated.(7-1-26)

d.Gravity wastewater pipelines must be designed to have sufficient slope and velocity to “selfclean” or transport constituent solids to the treatment facility.(7-1-26)

i.If the current or future ownership of the system is by a city, county, quasi-municipal corporation or regulated public utility and the velocities are less than selfcleaning, the owner must, as a condition of the Department’s approval of plans and specifications, provide justification for the lower velocities and commit to, at a minimum, annually service wastewater pipelines to flush, transport, or remove solids from wastewater pipelines. This would include the use of cutting tools for roots, Vactor trucks, and any other method required to keep the pipelines clean, intact and flowing. That commitment must be in the form of a letter from both the owner and the future owner entity stating said commitment and must include a discussion of the current and future owners’ capacity to complete annual servicing.(7-1-26)

ii.If the owner is a developer that is passing the operation and maintenance on to a homeowner’s association or other similar entity, the design may not allow for velocities that are less than selfcleaning.(7-1-26)

e.Materials.(3-31-22)

i.The material selected should be adapted to local conditions, such as: character of industrial wastes, possibility of septicity, soil characteristics, exceptionally heavy external loadings, abrasion, corrosion, and similar problems.(7-1-26)

ii.Couplings complying with applicable standard specifications must be used for joining dissimilar materials.(7-1-26)

iii.For new pipe materials for which standards have not been established, the design engineer must provide complete pipe specifications and installation specifications developed on the basis of criteria adequately documented and certified in writing by the pipe manufacturer to be satisfactory for the specific application. (7-1-26)

f.Installation specifications must contain appropriate requirements based on the criteria, standards, and requirements established by industry in its technical publications. For assistance in designing such specifications, see “Idaho Standards for Public Works Construction,” referenced in Section 008.(7-1-26)

g.Joints and Infiltration.(3-31-22)

i.The installation of joints and the materials used must be included in the specifications. Wastewater pipeline joints must be designed to minimize infiltration and to prevent the entrance of roots throughout the life of the system. For assistance in designing such specifications, see “Idaho Standards for Public Works Construction,” referenced in Section 008.(7-1-26)

ii.Service connections to the wastewater pipeline main must be watertight and not protrude into the wastewater pipelines. If a saddle type connection is used, it must be a device designed to join with the types of pipe which are to be connected. All materials used to make service connections must be compatible with each other and with the pipe materials to be joined and must be corrosion proof.(7-1-26)

h.Manholes must be installed at the end of each line; at all changes in grade, size, or alignment; at all intersections. Cleanouts may not be used unless otherwise approved by the Department and may not be substituted fo r manholes nor installed at the end of laterals greater than one hundred fifty (150) feet in length.(7-1-26)

i.Testing must conform with Section 501.3.4 of the “Idaho Standards for Public Works Construction,” incorporated by reference in Section 004.(7-1-26)

j.Inverted siphons may not have less than two (2) barrels or pipes and will be provided with necessary appurtenances for maintenance, convenient flushing, and cleaning equipment. Design must provide sufficient head and appropriate pipe sizes to secure sufficient velocities for design flow.(7-1-26)

k.The top of all wastewater pipelines entering or crossing surface water bodies must be at a sufficient depth below the natural bottom of the bed or otherwise designed to protect the wastewater pipeline.(7-1-26)

i.Wastewater pipelines located adjacent to surface water bodies must be located outside of the bed and sufficiently removed therefrom to provide for future possible stream widening and to prevent pollution by siltation during construction.(7-1-26)

ii.Wastewater pipeline outfalls, headwalls, manholes, gate boxes, or other structures must be designed to address anticipated flood flows of the surface water bodies.(7-1-26)

iii.Wastewater pipelines crossing surface water bodies should be designed to cross the surface water body as nearly perpendicular to the surface water body flow as possible and must be free from change in grade.

iv.Wastewater pipelines entering or crossing surface water bodies must be constructed of water transmission pressure rated pipe with restrained joints conforming to Section 401.2.9 of the “Idaho Standards for Public Works Construction,” incorporated by reference in Section 004, or other suitable pipe with restrained joints capable of being installed to remain watertight and free from changes in alignment or grade. Material used to back-fill the trench must be concrete slurry, stone, coarse aggregate, washed gravel, or other materials which will not readily erode, cause siltation, damage pipe during placement, or corrode the pipe.(7-1-26)

v.Construction methods that will minimize siltation and erosion must be employed.(7-1-26)

l.Support must be provided for all joints in pipes utilized for aerial crossings. Restrained joints or structural casings are required.(7-1-26)

m.There may be no physical connections between a public or private potable water supply system and a wastewater pipeline, or appurtenance thereto, which would permit the passage of any wastewater or polluted water into the potable supply. No water pipe may pass through or contact any part of a wastewater pipeline manhole.

n.When wastewater pipelines are proposed in the vicinity of any existing public or private drinking water sources or supplies or other drinking water facilities, excluding potable pipelines, the following separation distances must be maintained.(7-1-26)

i.Pressure wastewater mains will not be closer horizontally than one hundred (100) feet.(7-1-26)

ii.Gravity wastewater mains will not be closer horizontally than fifty (50) feet.(7-1-26)

iii.Wastewater service lines will not be closer horizontally than fifty (50) feet from any public water system source.(7-1-26)

iv.Wastewater service lines will not be closer horizontally than twenty-five (25) feet from private drinking water sources and other drinking water facilities.(7-1-26)

o.The requirements for the protection of potable pipelines from contamination by non-potable pipelines are described in Subsections 430.02.o.ii. and 430.02.o.iii. For this subsection, the term “pipeline” applies to both mains and services. Raw water pipelines must meet equivalent separation distances of Subsections 430.02.o.ii. through 430.02.o.iv. from either potable or non-potable pipelines.(7-1-26)

i.Alternative separation distances may be considered for Subsections 430.02.o.ii. through 430.02.o.iii. on a case-by-case basis when considering constructab ility, public health risk, environmental risk, and cost. The design engineer must submit data to the Department for review and approval showing that the proposed installation will be protective of public health and the environment.(7-1-26)

ii.Parallel installation requirements.(3-31-22)

(1)Non-potable mains in relation to potable mains:(3-31-22)

(a)Greater than ten (10) feet separation: no additional requirements.(7-1-26)

(b)Ten (10) feet to six (6) feet separation: separate trenches, with the bottom of the potable main above the top of the non-potable main, and non-potable main constructed with potable water class pipe.(7-1-26)

(c)Non-potable mains are prohibited from being located in the same trench as potable mains.

(2)Non-potable services in relation to potable pipelines and potable services in relation to non-potable pipelines.(7-1-26)

(a)Greater than six (6) feet separation: no additional requirements.(7-1-26)

(b)Non-potable services are prohibited from being located in the same trench as potable pipelines.

iii.Requirements for potable water pipelines crossing non-potable pipelines. Crossings must be perpendicular, unless otherwise approved by the Department.(7-1-26)

(1)If there are eighteen (18) inches or more vertical separation with the potable water pipeline above the non-potable pipeline, then the potable pipeline joints must be as far as possible from the non-potable water pipeline.(7-1-26)

(2)If there are eighteen (18) inches or more vertical separation with the potable water pipeline below the non-potable pipeline, then the potable pipeline joints must be as far as possible from the non-potable pipeline, and the non-potable pipeline must be supported through the crossing to prevent settling.(7-1-26)

(3)Less than eighteen (18) inches vertical separation:(3-31-22)

(a)Potable pipeline joints must be as far as possible from the non-potable pipeline; and either:

(b)Non-potable pipeline must be constructed with potable water class pipe for a minimum of ten (10) feet either side of potable pipeline with a single twenty (20) foot section of potable water class pipe centered on the crossing; or(7-1-26)

(c)Either the non-potable or potable pipeline must be sleeved with potable water class pipe for ten (10) feet either side of crossing. Use of hydraulic cementitious materials such as concrete, controlled density fill, and concrete slurry encasement is not allowed as a substitute for sleeving.(7-1-26)

(d)If the potable pipeline is below non-potable pipeline, the non-potable pipeline must also be supported through the crossing to prevent settling.(3-31-22)

iv.Non-potable pressure pipelines must not be:(7-1-26)

(1)Closer horizontally than ten (10) feet from potable pipelines; and(7-1-26)

(2)Closer vertically than eighteen (18) inches from potable pipelines.(7-1-26)

v.New non-potable wastewater mains or non-potable wastewater mains undergoing material modification must be separated by at least five (5) feet from buildings, industrial facilities, and other permanent structures.(7-1-26)

IDAPA 58.01.16.431 (Reserved)

IDAPA 58.01.16.440 Facility and Design Standards for Municipal Wastewater Systems:

WASTEWATER PUMPING STATIONS.

01.General. Secti on 440 regulates municipal wastewater collection pump stations and not individual residence pump stations, individual residence grinder pump stations, or individual residence septic tank effluent pump stations. See Section 441 for regulation of those types of pump stations.(7-1-26)

a.Wastewater pumping station structures and electrical and mechanical equipment must be protected from physical damage by the one hundred (100) year flood. Wastewater pumping stations must remain fully operational and accessible during the twenty-five (25) year flood. Regulations of state and federal agencies regarding flood plain obstructions shall be considered.(7-1-26)

b.The pumping station must be accessible by maintenance vehicles during all weather conditions.

c.The wet well and pump station piping must be designed to avoid operational problems from the accumulation of grit.(7-1-26)

d.Provisions must be made to consider the protection of maintenance personnel and visitors from typical and foreseeable hazards in accordance with the engineering standards of care. See also Subsection 450.07.

02.Design. Design of wastewater pumping stations must meet the applicable provisions of Subsections 440.02.a. through 440.02.i.(7-1-26)

a.Construction materials used for pumping station structures must be appropriate under conditions of exposure to hydrogen sulfide and other corrosive gases, greases, oils, and other constituents frequently present in wastewater.(7-1-26)

i.Dry wells must be completely separated from the wet well. Common walls must be gas tight.

ii.Provisions must be made to facilitate removing pumps, motors, and other mechanical and electrical equipment. Individual pump and motor removal must not interfere with the continued operation of remaining pumps Suitable means of access for maintenance personnel wearing self-contained breathing apparatus must be provided to dry wells and to wet wells. See also Subsection 450.07.(7-1-26)

iii.Where high groundwater conditions are anticipated, buoyancy of the wastewater pumping station structures must be considered and, if necessary, adequate provisions made for protection.(7-1-26)

iv.Dry wells must be equipped with a positive means for dewatering.(7-1-26)

b.Multiple pumps must be provided. Pumps must have capacity such that, with any pump out of service, the remaining pumps will have capacity to handle the design peak hour flow.(7-1-26)

i.Pumps (except screw pumps) handling separate sanitary wastewater from thirty (30) inch or larger diameter sewers must be protected by bar racks. Appropriate protection from clogging must also be considered for small pumping stations.(7-1-26)

ii.Pumps handling unscreened raw wastewater must be capable of passing spheres of at least three (3) inches in diameter. Pump suction and discharge openings must be at least four (4) inches in diameter. An exception to the requirement for passing solid spheres of at least three (3) inches in diameter may be made on a case-by-case basis when approved by the Department based on equivalent protection from clogging or damage, such as grinder pumps.

iii.The pump must be placed so that, under normal operating conditions, it will operate under a positive suction head, except as specified in Subsection 440.03.(7-1-26)

iv.Electrical equipment must comply with local and state codes.(7-1-26)

v.Design of intakes may use American National Standard Institute/Hydraulic Institute ANSI/HI 9.8, American National Standard for Centrifugal and Vertical Pump Intake Design.(7-1-26)

vi.The pumps and controls must be designed to operate with varying wastewater flows into the wet well. The pump control system design must account for, and minimize, downstream impact of pump discharge hydraulic surges. The station design capacity must be based on peak hourly flow as determined in accordance with Section 411 and must be adequate to maintain a velocity in the force main sufficient to avoid solids deposition.

c.Water level control sensing devices must be designed to allow for automatic control of pumps.

d.Suitable shutoff and check valves must be placed on the discharge line of each pump (except on screw pumps). The check valve must be located between the shutoff valve and the pump. Check valves must be suitable for the material being handled and placed on the horizontal portion of the discharge piping except for ball checks, which may be placed in the vertical run. Valves must be capable of withstanding normal pressure and water hammer. All shutoff and check valves must be operable from the floor level and accessible for maintenance. Outside levers are recommended on swing check valves.(7-1-26)

e.Suitable shutoff valves must be placed on the suction lines of dry pit pumps.(7-1-26)

f.Wet Wells.(3-31-22)

i.The American National Standard Institute/Hydraulic Institute ANSI/HI 9.8, American National Standard for Centrifugal and Vertical Pump Intake Design may be used as a guidance for design of wet wells.

ii.Covered wet wells must have provisions for air displacement to the atmosphere, such as an inverted “j” tube or other means.(7-1-26)

g.Adequate ventilation must be provided for all pump stations unless access is provided using confined space entry procedures. Where the dry well is below the ground surface, mechanical ventilation must be provided. If screens or mechanical equipment requiring maintenance or inspection are in the wet well, permanently installed ventilation must be provided. There may be no interconnection between the wet well and dry well ventilation systems.(7-1-26)

h.Suitable methods for measuring wastewater flow must be provided at all pumping stations.

i.There may be no physical connection between any potable water supply and a wastewater pumping station which, under any conditions, might cause contamination of the potable water supply. If a potable water supply connection is made to the station, the connection must comply with IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems.”(7-1-26)

03.Suction Lift Pump Stations - Special Considerations. Suction lift pumps must meet the applicable provisions of Subsection 440.02.(7-1-26)

a.Su ction lift pumps must be of the self-priming or vacuum-priming type. Suction lift pump stations using dynamic suction lifts exceeding the limits outlined in Subsections 440.03.b. through 440.03.d. may be approved by the Department upon submission of factory certification of pump performance and detailed calculations indicating satisfactory performance under the proposed operating conditions.(7-1-26)

b.Self-priming pumps must be capable of rapid priming and re-priming at the “lead pump on” elevation. Self-priming and re-priming must be accomplished automatically under design operating conditions.

c.Vacuum-priming pump stations must be equipped with dual vacuum pumps capable of automatically and completely removing air from the suction lift pump. The vacuum pumps must be adequately protected from damage due to wastewater. The combined total of dynamic suction lift at the “pump off’ elevation and required net positive suction head at design operating conditions must not exceed twenty-two (22) feet.(7-1-26)

d.The pump equipment compartment must be above grade or offset and be effectively isolated from the wet well to prevent a hazardous and corrosive sewer atmosphere from entering the equipment compartment. Wet well access may not be through the equipment compartment and must be at least twenty-four (24) inches in diameter.

Gasketed replacement plates must be provided to cover the opening to the wet well for pump units removed for servicing. Valving may not be in the wet well.(7-1-26)

04.Submersible Pump Stations - Special Considerations. Submersible pump stations must meet the applicable provisions of Subsection 440.02, except as modified in Subsection 440.04.(7-1-26)

a.Submersible pumps and motors must be designed specifically for raw wastewater use, including totally submerged operation during a portion of each pumping cycle. An effective method to detect shaft seal failure or potential seal failure must be provided.(7-1-26)

b.Submersible pumps must be readily removable and replaceable without personnel entering or dewatering the wet well, or disconnecting any piping in the wet well.(7-1-26)

c.Electrical equipment must comply with local and state codes.(7-1-26)

i.Electrical supply, control, and alarm circuits must be designed to provide strain relief and to allow disconnection from outside the wet well. Terminals and connectors must be protected from corrosion by location outside the wet well or through use of watertight seals.(7-1-26)

ii.The motor control center must be located outside the wet well, readily accessible, and be protected by a conduit seal or other appropriate measures to prevent the atmosphere of the wet well from gaining access to the control center. The seal must be located so that the motor may be removed and electrically disconnected without disturbing the seal.(7-1-26)

iii.Pump motor power cords must be designed for flexibility and serviceability under conditions of extra hard usage. Ground fault interruption protection must be used to de-energize the circuit in the event of any failure in the electrical integrity of the cable. Power cord terminal fittings must be corrosion-resistant and constructed to prevent the entry of moisture into the cable, provided with strain relief appurtenances, and designed to facilitate field connecting.(7-1-26) d.

Valves required under Subsection 440.02 must be in a separate valve chamber. Provisions must be made to remove or drain accumulated water from the valve chamber. The valve chamber may be dewatered to the wet well through a drain line with a gas and water tight valve. Check valves that are integral to the pump need not be in a separate valve chamber provided that the valve can be removed from the wet well in accordance with Subsection 440.04. Access must be provided in accordance with Subsection 440.02.(7-1-26)

05.Screw Pump Stations - Special Considerations. Screw pump stations must meet the applicable provisions of Subsection 440.02.(7-1-26)

a.Covers or other means of excluding direct sunlight must be provided as necessary to eliminate adverse effects from temperature changes.(7-1-26)

b.A positive means of isolating individual screw pump wells must be provided.(7-1-26)

c.Submerged bearings must be lubricated by an automated system without pump well dewatering.

06.Alarm Systems. Alarm systems with a backup power source must be provided for pumping stations. The alarm must be activated in cases of power failure, dry well sump and wet well high water levels, pump failure, pump clogging, unauthorized entry, or other cause of pump station malfunction. Pumping station alarms, including identification of the alarm condition, must be transmitted to a twenty-four (24) hour response center.

Audio-visual alarm systems may be approved by the Department based upon location, station holding capacity, and inspection frequency.(7-1-26)

07.Emergency Operation.(3-31-22)

a.Emergency operation for pump stations is required to prevent the unintended discharge of raw or partially treated wastewater to any waters or land surface and to protect public health by preventing back up of wastewater and subsequent discharge to basements, streets, and other public and private property.(7-1-26)

b.Emergency pumping capability is required for all new pumping stations constructed after April 15, 2007. Emergency pumping capability is required for all existing pumping stations that undergo a material modification unless overall system reliability can be proven adequate to the Department as shown in Subsections 440.07.b.i. and 440.07.b.ii.(7-1-26)

i.System reliability is adequate for an existing pumping station undergoing material modification if power grid outages average three (3) or less per year based on data for the three (3) previous years with no more than six (6) outages in a single year.(7-1-26)

ii.Outage duration averages less than four (4) hours based on data for the three (3) previous years, with no more than one (1) outage during the three (3) previous year period exceeding eight (8) hours. Power loss for at least thirty (30) minutes qualifies as an outage.(7-1-26)

c.Emergency pumping capability must be accomplished by either connection of the station to at least two (2) independent utility substations as determined by and stated in a letter from the appropriate power provider, by provision of portable or in-place internal combustion engine equipment which will generate electrical or mechanical energy, or by the provision of portable pumping equipment. Such emergency standby systems must have sufficient capacity to start up and maintain the total rated running capacity of the station. Regardless of the type of emergency standby system provided, a portable pump connection to the force main with rapid connection capabilities and appropriate valving must be provided outside the dry well and wet well.(7-1-26)

i.The following general requirements apply to all internal combustion engines used to drive auxiliary pumps, service pumps through special drives, or electrical power generating equipment.(7-1-26)

(1)The engine must be protected from operating conditions that would result in damage to equipment.

Unless continuous manual supervision is planned, protective equipment must be capable of shutting down the engine and activating an alarm on site and as provided in Subsection 440.06. Protective equipment must monitor for conditions of low oil pressure and overheating, except that oil pressure monitoring is not required for engines with splash lubrication.(7-1-26)

(2)The engine must have adequate rated power to start and continuously operate under all connected loads.(7-1-26)

(3)Reliability and ease of starting, especially during cold weather conditions, must be addressed in the selection of the type of fuel.

(4 )Fuel storage and piping facilities if provided must be constructed in accordance with applicable state and federal regulations.(7-1-26)

(5)The engine must have adequate ventilation of fuel vapors and exhaust gases.(7-1-26)

(6)All emergency equipment must be provided with instructions indicating the need for regular starting and running of such units at full loads.(7-1-26)

(7)Emergency equipment must be protected from damage at the restoration of regular electrical power.

ii.Where permanently-installed or portable engine-driven pumps are used, the following requirements in addition to the provisions of Subsection 440.07.c.i. apply.(7-1-26)

(1)Engine-driven pumps must meet the design pumping requirements unless storage capacity is available for flows in excess of pump capacity. Pumps must be designed for anticipated operating conditions, including suction lift if applicable.(7-1-26)

(2)The engine and pump must be equipped to provide automatic start-up and operation of pumping equipment unless manual start-up and operation is justified. Provisions must also be made for manual start-up. Where manual start-up and operation is justified, storage capacity and alarm system must meet the provisions of Subsection 440.07.c.ii.(3).(7-1-26)

(3)Where part or all engine-driven pumping equipment is portable, adequate emergency storage capacity as defined in Section 010 with alarm system must be provided to allow time for detection of pump station failure and transportation and hookup of the portable equipment.(7-1-26)

iii.Where permanently-installed or portable engine-driven power generating equipment is used, the following requirements apply in addition to the provisions of Subsection 440.07.c.i.(7-1-26)

(1)Power generating unit size must be adequate to provide power for pump motor starting current and for lighting, ventilation, and other auxiliary equipment necessary for safety and proper operation of the pumping station.(7-1-26)

(2)The operation of only one pump during periods of auxiliary power supply must be justified based on the design peak hourly flows relative to single-pump capacity, anticipated length of power outage, and storage capacity.(7-1-26)

(3)Manual or special sequencing controls must be provided to start pump motors unless the power generating equipment has capacity to start all pumps simultaneously with auxiliary equipment operating.(7-1-26)

(4)Provisions must be made for automatic and manual startup and load transfer unless only manual start-up and operation is justified. Automatic transfer switches must be UL listed and meet NEC requirements. The generator must be protected from operating conditions that would result in damage to equipment. Provisions must be made to allow the engine to start and stabilize at operating speed before assuming the load. Where manual start-up and transfer is justified, the storage capacity and alarm system must meet the provisions of Subsection 440.07.c.iii.(5).(7-1-26)

(5)Where portable power generating equipment and manual transfer is provided, adequate emergency storage capacity as defined in Section 010 with alarm system must be provided to allow time for detection of pump station failure and transportation and connection of power generating equipment. Special electrical connections and double throw switches must be provided for connecting portable power generating equipment. Manual transfer switches must be UL listed and meet NEC requirements.(7-1-26)

iv.Where independent power substations are used for emergency power, each separate substation and its associated transmission lines must be capable of starting and operating the pump station at its rated capacity.

08.Operation and Maintenance.(3-31-22)

a.An operation and maintenance manual must be submitted to and approved by the Department as req uired by Section 425. Adherence to the terms of this approved manual is required. The owner is responsible for maintaining the pump station in a manner that ensures its designed operation.(7-1-26)

b.For new privately owned municipal wastewater collection pump stations, documents that detail the technical, managerial, and financial capabilities of the private entity to properly operate and maintain said pump station for the long term must be submitted to the Department in accordance with Section 409.(7-1-26)

09.Force Mains.(3-31-22)

a.A cleansing velocity of at least two (2) feet per second must be maintained within force mains at the design pumping rates.(7-1-26)

b.An air relief valve must be placed at high points in the force main to prevent air locking unless otherwise approved by the Department. The force main configuration and head conditions must be evaluated to determine the need for and placement of vacuum relief valves.(7-1-26)

c.The force mains from other than individual grinder pump stations must enter a receiving manhole.

Corrosion protection for the receiving manhole must be provided. Control of odors at such discharge points must be evaluated.(7-1-26)

d.Pipe and joints must be equal to water main strength materials suitable for design conditions. The force main, reaction blocking, thrust restraint, and station piping must be designed to withstand water hammer pressures and associated cyclic reversal of stresses that are expected with the cycling of wastewater pumping stations.

If necessary, the use of surge valves, surge tanks, or other suitable means to protect the force main against severe pressure changes must be evaluated.(7-1-26)

e.Force main construction near streams or water works structures and at water main crossings must meet applicable provisions of Section 430.(7-1-26)

f.Design friction losses must be in accordance with an approved PER pursuant to Section 411.03.c.

g.Where force mains are constructed of material which might cause the force main to be confused with potable water mains, the force main must be appropriately identified using trench tape saying, “raw sewage,”

“biohazard,” or other appropriate wording.(7-1-26)

h.Leakage tests must be specified including testing methods and leakage limits. Testing must conform with Sections 401.3.6 and 505.3.3 of the “Idaho Standards for Public Works Construction,” incorporated by reference in Section 004.(7-1-26)

i.Thrust blocking or restraint must conform with Sections 401.3.4 of the “Idaho Standards for Public Works Construction,” incorporated by reference in Section 004, or specific calculations reviewed and approved by the Department.(7-1-26)

j.Isolation valves must be used if force mains connect into a common force main.(7-1-26) k.

Force mains must be covered with sufficient earth or other ins ulation to prevent freezing or other physical damage.(7-1-26)

IDAPA 58.01.16.441 Facility and Design Standards for Municipal Wastewater Systems:

INDIVIDUAL SERVICE CONNECTION WASTEWATER PUMPING STATIONS.

01.General. Secti on 441 regulates individual service connection pump stations including individual grinder pump stations and individual septic tank effluent pump stations. Certain individual service connection wastewater pumping stations may be under the jurisdiction of the Idaho Division of Occupational and Professional Licensing.(7-1-26)

a.Wastewater pumping station structures and electrical and mechanical equipment must be protected from physical damage by the one hundred (100) year flood. Wastewater pumping stations must remain fully operational and accessible during the twenty-five (25) year flood. Local, state and federal flood plain regulations must be considered.(7-1-26)

b.The pumping station must be accessible by maintenance vehicles during all weather conditions.

02.Design. Design of wastewater pumping stations must meet the applicable requirements of Subsections 441.02.a. through 441.02.c.(7-1-26)

a.Duplex pumps for individual service connection wastewater pump stations are not required.

However, for developments having five (5) or more similar facilities, one (1) working spare pump for each size will be readily available at all times.(7-1-26)

i.Pumps handling raw wastewater will be capable of passing spheres of at least three (3) inches in diameter or be a grinder pump.(7-1-26)

i.The pump will be placed so that, under normal operating conditions, it will operate under a positive suction head.(7-1-26)

b.Water level control sensing devices will be designed to allow for automatic control of pumps.

c.Suitable means to facilitate pump removal and to prevent backflow shall be provided. All shutoff and check valves will be accessible for maintenance.(7-1-26)

03.Submersible Pump Stations - Special Considerations.(3-31-22)

a.Submersible pumps and motors must be designed specifically for wastewater, including totally submerged operation during a portion of each pumping cycle. An effective method to detect shaft seal failure or potential seal failure must be provided.(7-1-26)

b.Submersible pumps must be readily removable and replaceable without personnel entering or dewatering the wet well, or disconnecting any piping in the wet well.(7-1-26)

c.Electrical equipment must comply with local and state codes.(7-1-26)

i.Electrical supply, control, and alarm circuits must be designed to provide strain relief and to allow disconnection from outside the wet well. Terminals and connectors must be protected from corrosion by location outside the wet well or through use of watertight seals.(7-1-26)

ii.The motor control center must be outside the wet well, readily accessible, and be protected by a conduit seal or other appropriate measures to prevent the atmosphere of the wet well from gaining access to the control center. The seal must be located so that the motor may be removed and electrically disconnected without disturbing the seal.(7-1-26)

iii.Pump motor power cords must be designed for flexibility and serviceability under conditions of extra hard usage. Ground fault interruption protection must be used to de-energize the circuit in the event of any failure in the electrical integrity of the cable. Power cord terminal fittings must be corrosion-resistant and constructed in a manner to prevent the entry of moisture into the cable, provided with strain relief appurtenances, and designed to facilitate field connecting.(7-1-26)

04.Alarm Systems. Audio-visual alarm systems with a backup power source must be provided for pumping stations. The alarm must be activated in cases of wet well high water levels and visible from the outside of the structure.( 7-1-26)

05.Emergency Operation. The pumping station must be sized to allow for one (1) day’s flow between the high water alarm and the building service invert or the pressure discharge pipe, whichever is closer to the high water alarm.(3-31-22)

06.Operation and Maintenance. An operation and maintenance manual must be submitted to and approved by the Department as required by Section 425. Adherence to the terms of this approved manual is required.

The owner of the individual service connection wastewater pumping station is responsible for maintaining the pumping station in a manner that assures its designed operation. The owner of the wastewater pumping station must be supplied with a complete set of operational instructions, including emergency procedures, maintenance schedules, tools, and such spare parts as may be necessary.(7-1-26)

07.Force Mains.(3-31-22)

a.A cleansing velocity of at least two (2) feet per second must be maintained within force mains at the design pumping rates. If the force main conveys effluent from a septic tank effluent pump system, a cleansing velocity of at least one (1) feet per second must be maintained at the design pumping rates.(7-1-26)

b.Force main construction near streams or water works structures and at water pipeline crossings must meet applicable provisions of Section 430.(7-1-26)

c.Design friction losses must be in accordance with an approved PER pursuant to Section 411.03.c.

d.Where force mains are constructed of material which might cause the force main to be confused with potable pipeline, the force main must be appropriately identified using trench tape saying, “raw sewage,”

“biohazard,” or other appropriate wording.(7-1-26)

e.Leakage tests must be specified including testing methods and leakage limits and conform with Sections 401.3.6 and 505.3.3 of the “Idaho Standards for Public Works Construction,” incorporated by reference in Section 004.(7-1-26)

f.Thrust blocking must conform with Sections 401.3.4 of the “Idaho Standards for Public Works Construction,” incorporated by reference in Section 004.(7-1-26)

g.Isolation valves must be used if force mains connect into a common force main.(7-1-26)

h.Force mains must be covered with sufficient earth or other insulation to prevent freezing or other physical damage.(7-1-26)

IDAPA 58.01.16.442 (Reserved)

IDAPA 58.01.16.450 Facility and Design Standards for Municipal Wastewater Systems:

WASTEWATER TREATMENT FACILITIES: GENERAL.

01.Plant Location.

a.The PER and facility plan must include a detailed discussion for new facilities regarding site selection criteria and alternatives considered. See Sections 410 and 411.(7-1-26)

b.The treatment plant structures, electrical, and mechanical equipment must be protected from physical damage by the one hundred (100) year flood. Treatment plants must be designed to remain fully operational and accessible during the one hundred (100) year flood. This requirement applies to new construction and to existing facilities undergoing material modification. Local, state, and federal flood plain regulations must be considered.

c.Facilities open to the atmosphere such as wastewater lagoons, open clarifiers, open aeration basins, and other such facilities must be placed a minimum of two hundred (200) feet from residential property lines. For totally enclosed facilities with noise and odor controls, the minimum setback must be fifty (50) feet. A lesser setback may be considered by the Department on a case by case basis when considering factors including, but not limited to, anticipated land use, property zoning, quality of wastewater, or anticipated odors. Neighboring property owners may grant long term easements or other types of legal documents tied to the land to allow for similar setbacks from future development or public use.(7-1-26)

02.Quality of Effluent. The degree of wastewater treatment must be based on the effluent requirements established by the responsible state or federal agency. Combined sewer overflows are not allowed.

03.Design.(3-31-22)

a.The PER or facility plan must include a detailed discussion regarding criteria and alternatives considered in selecting the appropriate treatment type. See Sections 410 and 411. The plant design must provide the necessary flexibility to perform satisfactorily within the expected range of waste characteristics and volumes.

b.Department policy is to encourage the development of any valid methods or equipment for treatment of wastewater. The lack of inclusion in these standards of some types of wastewater treatment processes or equipment should not be construed as precluding their use. The Department may approve other types of wastewater treatment processes and equipment that meet the performance standards set forth in these rules under the condition that the operational reliability and effectiveness of the process or device must have been demonstrated under similar conditions with a suitably-sized unit operating at its design load conditions, to the extent required. To determine that such new processes and equipment or applications have a reasonable and substantial chance of success, the Department may require the following:(7-1-26)

i.Monitoring observations, including test results and engineering evaluations, demonstrating the efficiency of such processes.(3-31-22)

ii.Detailed description of the test methods.(3-31-22)

iii.Testing, including appropriately composited samples, under various ranges of strength and flow rates (including diurnal variations) and waste temperatures over a sufficient length of time to demonstrate performance under climatic and other conditions which may be encountered in the area of the proposed installations.

iv.Appropriate testing be conducted and evaluations be made under the supervision of a competent process engineer other than those employed by the manufacturer or developer.(7-1-26)

c.The design period must be clearly identified in the PER or facility plan described in Sections 410 and 411.(7-1-26)

d.Hydraulic design flow conditions critical to the design of the treatment plant must be as described in the PER required by Section 411.(7-1-26)

i.Initial low flow conditions must be evaluated in the design to minimize operational problems with freezing, septicity, flow measurements and solids dropout. The appropriate design flows must be considered in evaluating unit processes, pumping, piping, etc.(7-1-26)

ii.The treatment plant design capacity must be as described in the PER as required by Section 411.

The plant design flow selected must meet the appropriate effluent and water quality standards that are set forth in the discharge or other appropriate permit. For plants subject to high wet weather flows or overflow detention pump-back flows, the design maximum flows that the plant is to treat on a sustained basis must be specified.(7-1-26)

iii.Facilities for the equalization of flows and organic shock load must be considered at all plants which are critically affected by surge loadings.(7-1-26)

e.Organic loadings for wastewater treatment plant design must be based on the information provided in the PER described in Section 411. The effects of septage flow which may be accepted at the treatment facility must be given consideration and appropriate facilities must be included in the design. See Section 520.(7-1-26)

f.The shock effects of high concentrations and diurnal peaks for short periods of time on the treatment process, particularly for small treatment plants, must be considered.(7-1-26)

g.All piping and channels must be designed to carry the maximum expected flows. Conduits must be designed to avoid creation of pockets and corners where solids can accumulate.(7-1-26)

h.Suitable gates or valves must be placed in channels to seal off unused sections which might accumulate solids. The use of shear gates, stop plates or stop planks is permitted where they can be used in place of gate valves or sluice gates. Non-corrodible materials must be used for control gates and conduits.(7-1-26)

i.Component parts of the plant must be arranged for appropriate operating and maintenance convenience, flexibility, economy, continuity of maximum effluent quality, and ease of installation of future units.

j.Flow division control facilities must be provided as necessary to ensure organic and hydraulic loading control to plant process units and must be designed for easy operator access, change, observation, and maintenance. Appropriate flow measurement facilities must be incorporated into the flow division control design.

k.An odor management plan must be submitted to and approved by the Department as a part of the PER described in Section 411. The Water Environment Federation Guidance referenced in Section 008 provides guidance for use in developing an odor management plan that is inclusive of the facilities being designed.(7-1-26)

l.Facilities must be designed with regard for proper operation and maintenance and protection during cold weather temperatures expected at the specific location. The Water Environment Federation Guidance referenced in Section 008 provides guidance for use in designing, operating and maintaining facilities in cold weather. (7-1-26)

04.Plant Details.(3-31-22)

a.Unit Bypasses.(3-31-22)

i.Properly located and arranged bypass structures and piping must be provided so that each unit of the plant can be removed from service independently. The bypass design must facilitate plant operation during unit maintenance and emergency repair to minimize deterioration of effluent quality and ensure rapid process recovery upon return to normal operational mode. The actuation of all bypasses requires manual action by operating personnel.

All power-actuated bypasses must be designed to permit manual operation in the event of power failure.(7-1-26)

ii.Unit bypassing during construction must be in accordance with the PER described in Section 411.

b.Drains or sumps must be provided to completely dewater each unit to an appropriate point in the process. Due consideration must be given to the possible need for hydrostatic pressure relief devices to prevent flotation of structures. Pipes subject to plugging must be provided with means for mechanical cleaning or flushing.

c.Materials must be selected that are appropriate under conditions of exposure to hydrogen sulfide and other corrosive gases, greases, oils, and other constituents frequently present in wastewater. This is particularly important in the selection of metals and paints.(7-1-26) d.

The contents and direction of flow must be identified on the piping in a contrasting color. (7-1-26)

e.T ools, accessories, and spare parts necessary for the plant operator’s use must be provided.

f.Readily accessible storage and workspace facilities must be provided, and consideration must be given to provision of a garage for large equipment storage, maintenance, and repair.(7-1-26)

g.Effective site erosion control must be provided during construction.(7-1-26)

h.Upon completion of the plant, the ground must be graded and landscaped in accordance with the PER described in Section 411.(7-1-26)

05.Plant Outfalls.(3-31-22)

a.The outfall must be designed to discharge to the receiving water in a manner acceptable to various reviewing authorities including, but not limited to, EPA, the Department, U.S. Army Corp of Engineers, Idaho Department of Water Resources, and local jurisdictions.(7-1-26)

b.The outfall must be so constructed and protected against the effects of floodwater, ice, or other hazards as to reasonably ensure its structural stability and freedom from stoppage. Hazards to navigation must be considered in designing outfalls.(7-1-26)

c.All outfalls must be designed so that a sample of the effluent can be obtained at a point after the final treatment process and before discharge to or mixing with the receiving waters.(7-1-26)

06.Essential Facilities.(3-31-22)

a.All wastewater treatment plants must be provided with an alternate source of electric power or pumping capability to allow continuity of operation during power failures. Refer to Subsection 440.07.c. for design requirements. Methods of providing alternate sources include:(7-1-26)

i.The connection of at least two (2) independent power sources such as substations. A power line from each substation is required if this method is used. The determination of the independent power sources must be done by the appropriate power provider and stated in a letter from that provider.(7-1-26)

ii.In-place internal combustion engine equipment which will generate electrical or mechanical energy.(3-31-22)

iii.Portable pumping equipment when only emergency pumping is required. Where part or all of the engine-driven pumping equipment is portable, adequate emergency storage capacity with alarm system must be provided to allow time for detection of pump station failure and transportation and hookup of the portable equipment.

iv.Standby power-generating capacity normally is not required for aeration equipment used in the activated sludge process. In cases where a history of chronic, long-term (four (4) hours or more) power outages have occurred, auxiliary power for minimum aeration of the activated sludge is required as provided in Subsections 450.06.a.i. and 450.06.a.ii.(7-1-26)

v.Standby power-generating capacity, as provided in Subsections 450.06.a.i. and 450.06.a.ii., is required for disinfection facilities and dechlorination facilities.(7-1-26)

b.Stairways must be installed in lieu of ladders for top access to units requiring routine inspection and maintenance (such as digesters, trickling filters, aeration tanks, clarifiers, tertiary filters, etc.).(7-1-26)

c.Flow measurement devices must be provided to measure the plant influent or effluent flow. If influent flow is significantly different from effluent flow, both must be measured or otherwise accounted for by other flow measurement facilities. i Other flow measurement must be provided if required by provisions of the discharge permit or as required for plant operational control such as return activated sludge, waste activated sludge, and recycled flow.

ii.Indicating, totalizing, and recording flow measurement devices for all influent or effluent flows must be provided for all plants. Any other flow measurement device may be indicating and totalizing only. All flow measurement equipment must be sized to function to a satisfactory level of accuracy over the full range of flows expected and must be protected against freezing.(7-1-26)

iii.Flow measurement equipment including approach and discharge conduit configuration and critical control elevations must be designed to ensure the required hydraulic conditions necessary for the measurement accuracy needed for the specific application.(7-1-26)

iv.The flow measurement devices must be calibrated and certified at manufacturer-specified frequencies.(7-1-26)

d.Effluent composite sampling equipment must be provided at all mechanical plants and at other facilities where necessary to meet discharge permit monitoring requirements. Composite sampling equipment must also be provided as needed for influent sampling and for monitoring plant operations. The influent sampling point must be located prior to any process return flows.(7-1-26)

07.Safety.(3-31-22)

a.Provisions must be made to consider the protection of maintenance personnel and visitors from typical and foreseeable hazards in accordance with the engineering standards of care. Enclosure of the plant site with a fence and signs designed to discourage the entrance of unauthorized persons and animals is required.(7-1-26)

b.The materials utilized for storage, piping, valves, pumping, metering, splash guards, etc., must be specially selected considering the physical and chemical characteristics of each hazardous or corrosive chemical.

08.Laboratory.(3-31-22)

a.All treatment plants must include a laboratory for making the necessary analytical determinations and operating control tests, except for those plants utilizing only processes not requiring laboratory testing for plant control and where satisfactory off-site laboratory provisions are made to meet the permit monitoring requirements.

The laboratory must have sufficient size, bench space, equipment, and supplies to perform all self-monitoring analytical work required by disposal permits, and to perform the process control tests necessary for good management of each treatment process included in the design.(7-1-26)

b.Expected minimum laboratory needs must be addressed in the PER pursuant to Section 411.

Treatment plant laboratory needs are divided into the following three (3) general categories:(7-1-26)

i.Plants performing only basic operational testing; this typically includes pH, temperature, dissolved oxygen, and chlorine residual.(3-31-22)

ii.Plants performing more complex operational and permit laboratory tests including biochemical oxygen demand, suspended solids, and fecal coliform analysis.(3-31-22)

iii.Plants performing more complex operational, permit, industrial pretreatment, and multiple plant laboratory testing.(3-31-22)

09.Operation and Maintenance.

An operation and maintenance manual must be submitted to and approved by the Department as required by Section 425. Adherence to the terms of this approved manual is required.

The owner is responsible for maintaining the wastewater treatment facility in a manner that ensures its designed operation.(7-1-26)

IDAPA 58.01.16.451 (Reserved)

IDAPA 58.01.16.455 Private Wastewater Treatment Plants

01.Scope. Section 455 includes requirements in addition to Section 450 requirements for approval of private wastewater treatment plants. Individual extended treatment package systems for on-site systems are regulated by IDAPA 58.01.03, “Individual/Subsurface Sewage Disposal Rules and Rules for Cleaning of Septic Tanks.”

a.If the Department determines that a proposed private wastewater treatment plant is reasonably accessible to a wastewater system, the use of the private wastewater treatment plant may be denied.(7-1-26)

b.A compliance agreement schedule authorized by Section 39-116A, Idaho Code, is required for each private wastewater treatment plant approved unless specifically waived by the Department in writing. If a private wastewater treatment plant installation is only a temporary or interim measure in a long-term plan, a compliance agreement schedule will include a sunset clause with a date for the private wastewater treatment plant to cease operation and will require the plant owner to fund and construct the eventual hookup to the municipal wastewater collection system when the system becomes reasonably accessible. The compliance agreement schedule will address such things as operation and maintenance requirements and monitoring, reporting requirements, and other projectspecific items as applicable. The owner is responsible for complying with the requirements of the compliance agreement schedule. The compliance agreement schedule will be renewed every five (5) years; when ownership of the treatment plant changes; or at the request of the owners or Department, so long as the system is in operation.

c.Private wastewater treatment plants must be designed to provide service within the contiguous area including all adjacent and connected parcels or subdivisions that are part of the same overall planned development footprint and provide service to future phases of the planned development. The design capacity must account for buildout conditions or provide for means to readily expand capacity to accommodate future growth. Anticipated phases of development and future growth must be accounted for within the facility plan and PER.(7-1-26)

d.The minimum size of a private wastewater treatment plant allowed under these rules is twenty-five thousand (25,000) gallons per day design capacity based on average day flows.(7-1-26)

i.The minimum size requirements do not apply to proposed systems with suitably configured passive wastewater treatment technologies including, but not limited to, facultative lagoons, free water surface wetlands, and vegetated submerged beds.(7-1-26)

ii.The Department may approve private wastewater treatment plants smaller than twenty-five thousand (25,000) gallons per day design capacity, based on average day flows, provided the treatment plant will be maintained under original ownership.(7-1-26) e.

Prior to transfer of ownership of a private wastewater treatment plant to another entity, the proposed new owner must submit adequate documentation demonstrating sufficient technical, financial, and managerial capacity, as described in Section 409.(7-1-26)

02.Facility Plan and PER. The facility plan and PER for private wastewater treatment plants must include project-specific estimated permit effluent limits and requirements based on discussion with the applicable permitting agency, the information listed in this subsection, and information specified in Sections 410 and 411.

a.The private wastewater treatment plant will have at least two (2) full years of operating data on five (5) separate installations in the United States. The data submittal will include the name, address, and telephone number for a regulatory agency contact person or an owner or operator familiar with the performance of each reported installation.(7-1-26)

b.The private wastewater treatment plant will be a dual train type (or equivalent/greater) with redundant pumps and blowers from influent works to the disposal site and provide sufficient redundancy to continue processing incoming wastewater at peak flows while any one (1) component or process is out of service. Standby or emergency power will be provided to fully operate the wastewater treatment plant during a power outage unless the water system would also be out during a power outage.(7-1-26)

03.Plan and Specification Approval.(3-31-22)

a.Plans and specifications for the private wastewater treatment plants will not be approved until the owner is in receipt of one of the following (whichever is applicable):(7-1-26)

i.A draft discharge permit for proposed surface water discharges;(7-1-26)

ii.A draft reuse permit from the Department in accordance with IDAPA 58.01.17, “Recycled Water Rules”;(7-1-26)

iii.Water balance calculations showing a net water loss for total containment lagoons included in approved PER; or(7-1-26)

iv.A subsurface installation permit application submitted to the local public health district and a completed site evaluation or nutrient pathogen evaluation in accordance with Section 260.(7-1-26)

b.A signed contract or other documentation acceptable to the Department that provides for ultimate legal disposal or use of the sludge must be submitted to the Department prior to plan and specification approval.

IDAPA 58.01.16.456 (Reserved)

IDAPA 58.01.16.460 Facility and Design Standards for Municipal Wastewater Systems:

SCREENING AND GRIT REMOVAL.

01.Screening Devices and Comminutors.

a.Screening, coarse or fine, or comminutors are required for all mechanical plants and will be addressed for other types of plants. These facilities must be designed for peak hourly flow. Multiple channels must be provided and equipped with the necessary gates to isolate flow from any screening unit. Provisions must also be made to facilitate dewatering each unit. The channel preceding and following the screen must be shaped to minimize settling of solids.(7-1-26)

b.For mechanical plants with design flow less than one million gallons per day (1 mgd), and where a single mechanically cleaned screen is used, an auxiliary manually cleaned screen must be provided. Where two (2) or more mechanically cleaned screens are used, the design must provide for taking any unit out of service without sacrificing the capability to screen the design peak instantaneous flows.(7-1-26)

02.Grit Removal Facilities. Grit removal and handling facilities must be provided for all mechanical wastewater treatment plants. Consideration must be given to possible damaging effects on pumps, comminutors, and other preceding equipment, and the need for additional storage capacity in treatment units where grit is likely to accumulate.(7-1-26)

IDAPA 58.01.16.461 (Reserved)

IDAPA 58.01.16.470 Facility and Design Standards for Municipal Wastewater Systems:

SETTLING.

01.Settling Units.

A minimum of two (2) settling units capable of independent operation must be provided in all plants where design flow exceeds one hundred thousand (100,000) gallons/day. Plants not having multiple units must include other provisions to assure continuity of treatment.(7-1-26)

02.Sizing. Sizing must be calculated for both average day flow and peak hour flow conditions, and the larger surface area determined must be used.(7-1-26)

03.Isolation. The plant design must allow for isolation of each unit and allow for sludge and scum removal.(7-1-26)

04.Baffling. Baffling must be designed to control solids carry-over.(7-1-26)

05.Minimum Side Depth. The minimum side depth for primary settling facilities must be ten (10)

feet. The minimum side depth for secondary settling facilities must be twelve (12) feet.(7-1-26)

IDAPA 58.01.16.471 (Reserved)

IDAPA 58.01.16.480 Facility and Design Standards for Municipal Wastewater Systems:

SLUDGE PROCESSING, STORAGE, AND DISPOSAL.

01.Facilities. Facili ties for processing sludge must be provided for all mechanical wastewater treatment plants. Facilities must be capable of processing sludge to a form suitable for ultimate disposal. Final disposal or utilization must be in accordance with applicable federal and state regulations.(7-1-26)

02.Design. Sludge processing, storage and disposal facility design must comply with the PER.

03.Multiple Units. Multiple units capable of independent operation must be provided in plants where design average flows exceed one hundred thousand (100,000) gallons/day. Plants not having multiple units must include other provisions to assure continuity of treatment. The plant design must allow for isolation of each unit.

IDAPA 58.01.16.481 (Reserved)

IDAPA 58.01.16.490 Facility and Design Standards for Municipal Wastewater Systems:

BIOLOGICAL TREATMENT.

If biological treatment is used, the process must be determined in the PER. The choice must be based on influent characteristics and effluent requirements.(7-1-26)

01.Trickling Filters.(3-31-22)

a.Trickling filters must be preceded by effective settling tanks equipped with scum and grease collecting devices or other suitable pretreatment facilities.(7-1-26)

b.The flow must be uniformly distributed across the surface of the media. The piping system, including dosing equipment and distributor, must be designed to provide capacity for the design peak hour flow, including recirculation.(7-1-26)

c.Media.(3-31-22)

i.Trickling filter media must be appropriate for the wastewater and of sufficient strength to support itself under design loading and build up of biomass.(7-1-26)

ii.The media must have a minimum depth of six (6) feet above the underdrains.(7-1-26)

d.Underdrainage System.(3-31-22)

i.Underdrains must be provided and the underdrainage system must cover the entire floor of the filter. Inlet openings into the underdrains must have an unsubmerged gross combined area equal to at least fifteen (15) percent of the surface area of the filter.(7-1-26)

ii.The underdrainage system, effluent channels, and effluent pipe must be designed to permit free passage of air.(7-1-26)

e.Special Features.(3-31-22)

i.All distribution devices, underdrains, channels, and pipes must be installed so that they may be properly maintained, flushed or drained.(7-1-26)

ii.Covers must be provided to maintain operation and treatment efficiencies when climatic conditions are expected to result in problems due to cold temperatures.(7-1-26)

iii.The piping system must be designed for recirculation as needed to achieve the design efficiency.

The recirculation rate must be variable and subject to plant operator control at the range of 0.5:1 up to 4:1 (ratio of recirculation rate versus design flow). A minimum of two (2) recirculation pumps must be provided.(7-1-26)

f.Mercury rotary distributor seals are not permitted.(7-1-26)

g.Volumes of filter media must be based upon pilot testing with the particular wastewater or any of the various empirical design equations that have been verified through actual full scale experience. Such calculations must be submitted to the Department if pilot testing is not utilized. Trickling filter sizing design must consider peak organic load conditions including the oxygen demands due to solids and process recycle flows.(7-1-26)

02.Activated Sludge.(3-31-22)

a.Aeration.(3-31-22)

i.The size of the aeration tank for any particular adaptation of the process must be determined by full scale experience, pilot plant studies, or standard calculations based on solids retention time, food to microorganism ratio, and mixed liquor suspended solids levels. Other factors, such as size of treatment plant, diurnal load variations, and degree of treatment required, must also be considered. In addition, temperature, alkalinity, pH, and reactor dissolved oxygen must be considered when designing for nitrification. Calculations must be submitted to the Department in the PER to justify the basis for design of aeration tank capacity.(7-1-26)

ii.Arrangement of Aeration Tanks.(3-31-22)

(1)The dimensions of each aeration tank or return sludge reaeration tank must be able to maintain effective mixing and utilization of air. Horizontally mixed aeration tanks must have a depth of greater than five point five (5.5) feet.(7-1-26)

(2)Total aeration tank volume plus redundancy requirements must be divided among two (2) or more equal units, capable of independent operation.(7-1-26)

(3)Inlets and Outlets.(3-31-22)

(a)Inlets and outlets for each aeration tank unit must be designed to control flow to any unit with reasonable accuracy and to maintain reasonably constant liquid level. The properties of the system must permit the design peak day flow to be treated with any single aeration tank unit out of service. The properties of the system must permit the design peak hour hydraulic flow to be carried with any single aeration tank unit out of service.(7-1-26)

(b)Channels and pipes carrying liquids with solids in suspension must be designed to be selfcleansing.(7-1-26)

(c)Aeration tanks must be designed to include adequate control or removal of scum and foam.

(4)All aeration tanks must have a freeboard of not less than eighteen (18) inches unless otherwise approved by the Department.(7-1-26)

iii.Aeration Equipment.(3-31-22)

(1)Oxygen requirements are based on maximum diurnal organic loading, degree of treatment, and level of suspended solids concentration to be maintained in the aeration tank mixed liquor. Aeration equipment must be capable of maintaining a minimum of two point zero (2.0) mg/L of dissolved oxygen in the mixed liquor at all times and provide thorough mixing of the mixed liquor. For a horizontally mixed aeration tank system, an average velocity of one (1) foot per second must be maintained. In the absence of experimentally determined values, the design oxygen requirements for all activated sludge processes must be 1.1 lb 0 per lb of design peak hour BOD applied to the aeration tanks, except the extended aeration process, for which the value must be one point five (1.5) to include endogenous respiration requirements.(7-1-26)

(a)Where nitrification is required or will occur, the oxygen requirement for oxidizing ammonia must be added to the above requirement for carbonaceous BOD removal and endogenous respiration requirements. The nitrogenous oxygen demand (NOD) must be four point six (4.6) times the diurnal peak hour total Kjeldahl nitrogen content of the aeration tank influent. In addition, the oxygen demands due to recycle flows must be considered due to the high concentrations of BOD and total Kjeldahl nitrogen associated with such flows.(7-1-26)

(b)Aeration equipment design must meet maximum oxygen demand, maintain process performance with the largest unit out of service, and provide for varying the amount of oxygen transferred in proportion to the load demand on the plant.(7-1-26)

(2)Air requirements including, but not limited to, process air, channel aeration, aerobic digestion, and miscellaneous plant air must be submitted to the Department in the PER. Blowers must be provided in multiple units, so arranged and in such capacities as to meet the maximum air demand with the single largest unit out of service. The design must also provide for varying the volume of air delivered in proportion to the load demand of the plant.

Aeration equipment must be easily adjustable in increments and maintain solids suspension within these limits.

(3)Mechanical Aeration Systems.(3-31-22)

(a)The mechanism and drive unit must be designed for the expected conditions in the aeration tank in terms of the power performance. Certified testing must be provided to verify mechanical aerator performance. Refer to applicable provisions of Subsection 490.02. In the absence of specific design information, the oxygen requirements must be calculated for mechanical aeration systems using a transfer rate not to exceed two (2) pounds of oxygen per horsepower per hour in clean water under standard test conditions. Design transfer efficiencies must be included in the specifications.(7-1-26)

(b)Motors, gear housing, bearings, grease fittings, and other mechanical units, must be easily accessible and protected from inundation and spray as necessary for proper functioning of the unit.(7-1-26)

(c)Where extended cold weather conditions occur, the aerator mechanism and associated structure must be protected from freezing due to splashing. Due to high heat loss, subsequent treatment units must be protected from freezing.(7-1-26)

b.Non-aerated tanks or zones within aeration tanks must have mixing equipment adequate to fully mix the contents. Calculations must be provided in the PER for sizing this equipment.(7-1-26)

c.Return Sludge Equipment.(3-31-22)

i.The rate of sludge return must be varied by adjustable weirs or variable speed pumps to pump sludge. For very small wastewater systems, timers may be used for sludge return. The return sludge rate of withdrawal from the final settling tank is a function of the concentration of suspended solids in the mixed liquor entering it, the sludge volume index of these solids, and the length of time these solids are retained in the settling tank.(7-1-26)

ii.If a consolidated return sludge pump facility is used, the maximum return sludge capacity must be obtained with the largest pump out of service. If individual sludge pumps are used at each settling basin, the pumps must be designed to facilitate their rapid removal and replacement with a standby unit stored at the treatment plant site. If air lifts are used for returning sludge from each settling tank hopper, no standby unit is required provided the design of the air lifts facilitate their rapid and easy cleaning and provided other suitable standby measures are made available. Air lifts must be at least three (3) inches in diameter unless otherwise approved by the Department.

iii.Discharge piping must be at least four (4) inches in diameter and must be designed to maintain a velocity of not less than two (2) feet per second when return sludge facilities are operating at normal return sludge rates. Suitable devices for observing, sampling, and controlling return activated sludge flow from each settling tank hopper must be provided.(7-1-26)

iv.Means for observing, measuring, sampling, and controlling waste activated sludge flow must be provided.(7-1-26)

d.Sequencing Batch Reactors. (7-1-26)

i.The fill and draw mode of the activated sludge process commonly termed the Sequencing Batch Reactor may be used in Idaho. The design must be based on experience at other facilities and meet the applicable provisions under Sections 450, 470 and 490, except as modified in Subsections 490.02.d.ii. through 490.02.d.xii.

Continuity and reliability of treatment equal to that of the continuous flow through modes of the activated sludge process must be provided.(7-1-26)

ii.At least two (2) tanks must be provided.(7-1-26)

iii.The decantable volume and capacity of the sequencing batch reactor system with the largest basin out of service must be sized to pass at least seventy-five (75) percent of the design maximum day flow without changing cycle times. A decantable volume of at least four (4) hours with the largest basin out of service based on one hundred (100) percent of the design maximum day flow is permissible.(7-1-26)

iv.System reliability with any single tank unit out of service and the instantaneous delivery of flow must be evaluated in the design of decanter weirs and approach velocities.(7-1-26)

v.Reactor design must provide for scum removal and prevent overflow of settled solids.(7-1-26)

vi.An adequate zone of separation between the sludge blanket and the decanters must be maintained throughout the decant phase. Decanters which draw the treated effluent from near the water surface throughout the decant phase are recommended.(7-1-26)

vii.Solids management to accommodate basin dewatering must be considered.(7-1-26) viii.The blowers must be provided in multiple units, so arranged and in such capacities as to meet the maximum air demand in the oxic portions of the fill/react and react phases of the cycle with the single largest unit out of service.(7-1-26)

ix.Mechanical mixing independent of aeration must be provided for all systems where biological phosphorus removal or denitrification is required.(7-1-26)

x.All twenty-four (24) hour effluent quality composite samples for compliance reporting or monitoring plant operations must be flow-paced and include samples collected at the beginning and end of each decant phase.(7-1-26)

xi.A programmable logic controller (PLC) must be provided. Multiple PLCs must be provided as necessary to assure rapid process recovery or minimize the deterioration of effluent quality from the failure of a single controller. An uninterruptible power supply with electrical surge protection must be provided for each PLC to retain program memory (i.e., process control program, last-known set points and measured process/equipment status, etc.) through a power loss. A hard-wired backup for manual ov erride must be provided in addition to automatic process control. Both automatic and manual controls must allow independent operation of each tank. In addition, a fail-safe control allowing at least twenty (20) minutes of settling between the react and decant phases must be provided. The fail-safe control must not be adjusted by the operator.(7-1-26)

xii.A sufficient quantity of spare parts must be on hand and consideration given to parts with a low mean time between failure such as electrical relays and solid state electronics.(7-1-26)

03.Other Biological Systems.(3-31-22)

a.Biological treatment processes not included in these rules must be in accordance with Subsection

IDAPA 58.01.16.450 03.(7-1-26)

b.Details for Membrane Bioreactor (MBR) plants must be submitted and approved in the PER. In addition to the provisions of Section 411, details must include plant layout, calculations for hydraulic capacity and air required, membrane technology considered and membrane type and model selected, results from similar type MBR plants already in operation, and anticipated sludge production.(7-1-26)

IDAPA 58.01.16.491 (Reserved)

IDAPA 58.01.16.493 Facility and Design Standards for Municipal Wastewater Systems:

WASTEWATER LAGOONS.

01.General.(3 -31-22)

a.These rules pertain to all new, and existing material modified, municipal wastewater lagoons, including discharging or total containment lagoons, municipal wastewater treatment lagoons, municipal wastewater or recycled water storage lagoons, and any other municipal wastewater lagoons not regulated under IDAPA 58.01.03, “Individual/Subsurface Sewage Disposal Rules and Rules for Cleaning of Septic Tanks,” that have the potential to degrade waters. Lagoons are also sometimes referred to as ponds. Section 493 does not apply to industrial lagoons or mining tailings ponds, single-family dwellings utilizing a single lagoon, two (2) cell infiltrative system, those animal waste lagoons excluded from review under Section 39-118, Idaho Code, or storm water ponds.(7-1-26)

b.Lagoons utilized for equalization and sludge storage do not have to meet the requirements of Subsections 493.06 through 493.08, but must comply with all other applicable subsections.(7-1-26)

02.Seepage Testing.(7-1-26)

a.All lagoons covered under this section must be seepage tested at an interval of at least every ten (10) years by or under the supervision of an Idaho licensed professional engineer or an Idaho licensed professional geologist.(7-1-26)

b.As part of the construction process, all new lagoons must be seepage tested by or under the supervision of an Idaho licensed professional engineer or an Idaho licensed professional geologist.(7-1-26)

c.Lagoons must be seepage tested if a change of condition to the liner occurs that may affect its permeability, including but not limited to liner repair below the high water line, liner replacement, lagoon dewatering of soil-lined lagoons which results in desiccation of the soil liner, seal installation, or earthwork affecting liner integrity. Prior to performing activities that may affect liner permeability, such as solids removal, the system owner must contact the Department in writing to determine if a seepage test will be required prior to returning the lagoon to service.(7-1-26)

d.The procedure for performing a seepage test or alternative analysis must be approved by the Department prior to conducting the test, and the test results must be submitted to the Department for review. (7-1-26)

03.Allowable Seepage Rates.(3-31-22)

a.Lagoons must be designed and sealed such that seepage loss through the seal is as low as possible.

Seals consisting of soils, bentonite, or synthetic liners may be considered, provided the permeability, durability, and integrity of the proposed material can be satisfactorily demonstrated for anticipated conditions.(7-1-26)

b.The seepage rate for lagoons constructed after April 15, 2007, must be no more than zero point one hundred twenty-five (0.125) inches (1/8 inch) per day. The leakage rate for existing lagoons constructed prior to April 15, 2007, must be no more than zero point twenty-five (0.25) inches (1/4 inch) per day.(7-1-26)

c.For lagoons located over sensitive aquifers or with a documented direct hydraulic connection to a 303d listed stream segment, the seepage rate may be no more than zero point one hundred twenty-five (0.125) inches (one-eighth (1/8) inch) per day.(7-1-26)

04.Lagoons Leaking Above the Allowable Amount. If a lagoon is found to be leaking at a rate higher than allowed, the owner of the lagoon, in accordance with a schedule negotiated with and approved by the Director, is required to:(7-1-26)

a.Repair the leak and retest for compliance;(3-31-22)

b.Re-line the lagoon and retest for compliance with a leakage rate of no more than zero point one hundred twenty-five (0.125) inches (1/8 inch) per day regardless of the original lagoon construction date;(7-1-26)

c.Drain the lagoon in an approved manner and stop using the lagoon; or(3-31-22)

d.Determine the impact of the leaking lagoon on the environment based on groundwater sampling and modeling. The procedure for performing groundwater sampling and monitoring must be approved by the Department. Any impact must comply with IDAPA 58.01.11, “Groundwater Quality Rule,” and IDAPA 58.01.02, “Water Quality Standards.” If the impact does not comply with IDAPA 58.01.11, and IDAPA 58.01.02, the owner of the lagoon must follow one (1) of the steps set out in Subsections 493.04.a. through 493.04.c.(7-1-26)

05.Location.(3-31-22)

a.Wastewater lagoons must be placed in accordance with the provisions in Subsection 450.01.c. In all cases, the design location must consider odors, nuisances, etc. This distance is to the toe of the exterior slope of the dike or to the top of the cut for a lagoon placed into a hillside. More restrictive planning and zoning or other local requirements may apply.(7-1-26)

b.A minimum separation of two (2) feet between the bottom of the lagoon and the maximum groundwater elevation must be provided in the design.(7-1-26)

c.A minimum separation of two (2) feet between the lagoon bottom and any bedrock formation must be provided in the design.(7-1-26)

06.Basis of Design.(3-31-22)

a.Design variables such as climatic conditions, odor, lagoon depth, multiple units, detention time, and additional treatment units must be considered with respect to applicable standards for BOD , total suspended solids (TSS), fecal coliform, dissolved oxygen (DO), pH, and other effluent requirements and limits.(7-1-26)

b.The PER must include all design criteria for the development of the lagoon design.(7-1-26)

c.The reaction rate coefficient for domestic wastewater which includes some industrial wastes, other wastes, and partially treated wastewater must be determined experimentally for various conditions which might be encountered in the lagoons or actual data from lagoons in similar climates. Conversion of the reaction rate coefficient at other temperatures must be made based on experimental data.(7-1-26)

d.Oxygen requirements are based on the design average BOD loading, the degree of treatment, and the concentration of suspended solids to be maintained. If needed for treatment objectives, aeration equipment must be designed to maintain a minimum dissolved oxygen level of two (2) mg/L in the lagoons at all times. Suitable protection from weather must be provided for electrical controls. Aerated cells must be followed by a polishing cell with a detention time of a minimum of twenty-four (24) hours.(7-1-26)

07.Industrial Wastes as a Part of the Municipal Wastewater.(3-31-22)

a.Design must account for the type and effects of industrial wastes on the treatment process. (7-1-26)

b.Industrial wastes must not be discharged to lagoons without assessment of the effects such substances may have upon the treatment process or disposal requirements in accordance with state and federal laws.

08.Number of Cells.(7-1-26)

a.A wastewater treatment lagoon system must consist of a minimum of three (3) cells designed to facilitate both series and parallel operations. Two (2) cell systems may be utilized in very small installations of less than fifty thousand (50,000) gallons per day average day flow.(7-1-26)

b.All systems must be designed with piping flexibility to permit isolation of any cell without affecting the transfer and disposal capabilities of the total system.(7-1-26)

09.Lagoon Construction Details.(7-1-26)

a.Embankments and Dikes.(3-31-22)

i.Dikes must be constructed of relatively impervious soil and compacted to at least ninety-five (95) percent Standard Proctor Density to form a stable structure. Vegetation and other unsuitable materials must be removed from the area where the embankment is to be placed.(7-1-26)

ii.The minimum dike top width must be ten (10) feet to permit access for maintenance vehicles.

iii.Inner and outer dike slopes must not be steeper than one (1) vertical to three (3) horizontal (1:3).

iv.Inner slopes must not be flatter than one (1) vertical to four (4) horizontal (1:4). Flatter slopes can be specified for larger installations because of wave action but have the disadvantage of added shallow areas being conducive to emergent vegetation. Outer slopes must be sufficient to prevent surface runoff from entering the lagoons.(7-1-26)

v.Minimum freeboard must be three (3) feet, except for small systems of less than fifty thousand (50,000) gallons per day average day flow, two (2) feet is acceptable.(7-1-26)

vi.The minimum operating depth must be designed to prevent growth of aquatic plants and damage to the dikes, bottom, control structures, aeration equipment, and other appurtenances. Operating depth must not be less than two (2) feet.(7-1-26)

b.Lagoon Bottom.(7-1-26)

i.Soil used in constructing the lagoon bottom (not including the seal) and dike cores must be relatively incompressible and tight and compacted to at least ninety-five (95) percent Standard Proctor Density.

ii.Lagoons must be sealed such that seepage loss through the seal complies with Subsection 493.03.

Results of a testing program which substantiates the adequacy of the proposed seal must be incorporated into or accompany the PER.(7-1-26)

c.Miscellaneous.(3-31-22)

i.The lagoon area must be enclosed with an adequate fence to prevent livestock entering and discourage trespassing. This requirement does not apply to lagoon areas which store or impound Class A recycled water.(7-1-26)

ii.An all-weather access road must be provided to the lagoon site to allow year-round maintenance of the facility.(7-1-26)

iii.Appropriate permanent signs must be provided along the fence around the lagoon to designate the nature of the facility and advise against trespassing. At least one (1) sign must be provided on each side of the site and one (1) for every five hundred (500) feet of its perimeter.(7-1-26)

iv.Flow measurement requirements are provided in Subsection 450.06.c. Effective weather protection must be provided for the recording equipment.(7-1-26)

v.A groundwater monitoring plan must be submitted to the Department for review and approval as a part of the PER. Unless otherwise approved by the Department, a system of wells or lysimeters is required around the perimeter of the lagoon site to facilitate groundwater monitoring.(7-1-26)

10.Closure. The owner must notify the Department at least six (6) months prior to permanently removing any wastewater lagoon facility from service, including any treatment or storage lagoon. Prior to commencing closure activities, the owner must:(7-1-26)

a.Participate in a pre-closure on-site meeting with the Department;(3-31-22)

b.Develop a site closure plan that identifies specific closure, site characterization, or cleanup tasks with scheduled task completion dates in accordance with agreements made at the pre-closure on-site meeting; and

c.Submit the completed site closure plan to the Department for review and approval within forty-five (45) days of the pre-closure on-site meeting. The facility must complete the Department approved site closure plan.

IDAPA 58.01.16.494 (Reserved)

IDAPA 58.01.16.500 Facility and Design Standards for Municipal Wastewater Systems:

DISINFECTION.

01.General. Disinfection of treated wastewater must be provided as necessary to meet applicable standards. The design of new municipal wastewater treatment facilities, or municipal wastewater treatment facilities undergoing material modifications, must meet the bacterial standards and the disinfectant residual limit for the effluent. The disinfection process must be selected after due consideration of waste characteristics, type of treatment process provided prior to disinfection, waste flow rates, pH of waste, disinfectant demand rates, current technology application, cost of equipment and chemicals, power cost, and maintenance requirements as determined in the PER.

Where a disinfection process other than chlorination, ultraviolet disinfection, or ozone is proposed, supporting data from pilot plant installations or similar full scale installations are required as a basis for the design of the system.

02.Determining the Necessity for Disinfection. Disinfection at a municipal wastewater treatment facility is required when:(7-1-26)

a.Required by a surface water discharge permit; or(7-1-26)

b.The effluent is disposed to a facility required to meet the disinfection requirements in IDAPA 58.01.17, “Recycled Water Rules.”(7-1-26)

c.The effluent is disposed to a facility, where groundwater contamination has exceeded the bacterial limit in IDAPA 58.01.11, “Groundwater Quality Rule,” and it has been determined by the Department that disinfection is required.(7-1-26)

03.Chlorine Disinfection.(3-31-22)

a.Chlorine is available for disinfection in gas, liquid (hypochlorite solution), and pellet (hypochlorite tablet) form. The type of chlorine must be evaluated in the facility plan or PER.(7-1-26)

b.For disinfection, the capacity must be adequate to produce an effluent that will meet the applicable bacterial limits specified by the regulatory agency for that installation. Required disinfection capacity will vary, depending on the uses and points of application of the disinfection chemical. The chlorination system must be designed on a rational basis and calculations justifying the equipment sizing and number of units and submitted for the whole operating range of flow rates for the type of control to be used. System design considerations must include the controlling wastewater flow meter (sensitivity and location), telemetering equipment, and chlorination controls.

c.Piping systems must be as simple as practicable, specifically selected and manufactured to be suitable for chlorine service, with consideration for minimizing number of joints. Piping must be well supported and protected against temperature extremes. Venting of excess gas must be provided. Special considerations must be given to piping and fixture selection for hypochlorite and chlorine use.(7-1-26)

d.Standby equipment of sufficient capacity must be available to replace the largest unit during shutdowns. Spare parts must be available for all disinfection equipment to replace parts which are subject to wear and breakage.(7-1-26)

e.Housing.(3-31-22)

i.Gas chlorination equipment and chlorine cylinders must be housed in a building. If this building is used for other purposes, a gas-tight room must separate this equipment from any other portion of the building. Floor drains from the chlorine room must not be connected to floor drains from other rooms. Doors to this room must open only to the outside of the building and be equipped with panic hardware. Rooms must permit easy access to all equipment. Local and state safety requirements must be satisfied.(7-1-26)

ii.Electrical and ventilation equipment must comply with local and state codes.(7-1-26)

iii.Respiratory air-pac protection equipment must be available where chlorine gas is handled, and be stored at a convenient location, but not inside any room where chlorine is used or stored. Instructions for using the equipment must be posted.(7-1-26)

04.Dechlorination.(3-31-22)

a.Types.(3-31-22)

i.Dechlorination of wastewater effluent must be provided when required to meet effluent limits to reduce the toxicity due to chlorine residuals.(7-1-26)

ii.The type of dechlorination system must be selected considering the type of chemical storage required, amount of chemical needed, ease of operation, compatibility with existing equipment, and safety. (7-1-26)

b.The dosage of dechlorination chemical must consider the residual chlorine in the effluent, the final residual chlorine limit, and the form of the dechlorinating chemical used.(7-1-26)

c.The same requirements apply for standby equipment and spare parts as chlorination systems. See Subsection 500.03.d.( 7-1-26)

d.The requirements for housing sulfur dioxide gas equipment must follow the same guidelines as used for chlorine gas. Refer to Subsection 500.03.e. for specific details. When using solutions of the dechlorinating compounds, the solutions must be stored in a room that meets the safety and handling requirements set forth in Subsection 450.07. The mixing, storage, and solution delivery areas must be designed to contain or route solution spillage or leakage away from traffic areas to an appropriate containment unit.(7-1-26)

e.The respiratory air-pac protection equipment is the same as for chlorine. See Subsection 500.03.e.iii.(7-1-26)

05.Ultraviolet (UV) Radiation.(3-31-22)

a.The following documents or other references acceptable to the Department must be used for UV system sizing and facility design.(7-1-26) i.“Wastewater Engineering, Treatment and Reuse,” Metcalf and Eddy.(7-1-26)

ii.For recycled water applications, “Ultraviolet Disinfection Guidelines for Drinking Water and Water Reuse,” National Water Research Institute/AWWA Research Foundation.(7-1-26)

b.All UV disinfection must be designed based on expected ranges of UV transmittance (UVT). For facilities larger than five million gallons per day (5 mgd) (design peak hour flow), or facilities that have industries that vary flows throughout the year, collection of one (1) year’s worth of UVT data (four (4) times per day) prior to the PER is required unless otherwise approved by the Department.(7-1-26)

c.All UV disinfection facilities must include the following:(7-1-26)

i.A minimum of two (2) channels (or justification for using a smaller system); and(7-1-26)

ii.A minimum of two (2) banks of UV lamps per channel (or justification for using a smaller system).

d.The PER for all UV disinfection facilities must include a description of the following:(7-1-26)

i.The redundancy provided;(7-1-26)

ii.The upstream flow splitting device (which splits flow to the two (2) or more UV channels);

iii.Water level control device;(7-1-26)

iv.Method used to take a channel off-line for maintenance, and method to dewater a channel; (7-1-26)

v.Type of UV system technology (low-pressure low-intensity, low-pressure high-intensity, medium pressure, etc.), with consideration given to power consumption;(7-1-26)

vi.Summary of UVT data and collimated beam data;(7-1-26)

vii.Climate controls system requirements to ensure adequate UV system performance during summer peak temperature period;(7-1-26) viii.Maintenance requirements including removal (cleaning) of biofilms from the channel walls upstream and downstream of the UV system;(7-1-26)

ix.Alarming and controls;(7-1-26)

x.Procedure used for UV system sizing; and(7-1-26)

xi.Design criteria must include:(7-1-26)

(1)Design UVT;(7-1-26)

(2)TSS;(7-1-26)

(3)Design water temperature range;(7-1-26)

(4)Dose;(7-1-26)

(5)End of lamp life factor;(7-1-26)

(6)Fouling factor;(7-1-26)

(7)Quartz sleeve transmittance factor;(7-1-26)

(8)Design peak hour flow;(7-1-26)

(9)Existing minimum flow;(7-1-26)

(10)Number of channels;(7-1-26)

(11)Disinfection requirements (coliform concentration); and(7-1-26)

(12)Maximum head-loss from upstream of the first bank to downstream of the last bank of lamps (lamp spacing divided by two (2)).(3-31-22)

e.Use of bioassay method of UV system sizing is encouraged if all manufacturers under consideration have existing bioassays performed using identical protocol, and the bioassay was performed under conditions similar to the design application. Use of the bioassay method of UV system sizing is discouraged if these conditions cannot be met.(7-1-26)

f.Closed chamber units will be reviewed on a case-by-case basis in accordance with Subsection 450.03.b.(7-1-26)

06.Ozone. Ozone systems for disinfection will be evaluated by the Department on a case-by-case basis. Design of these systems must be based upon experience at similar full-scale installations or thoroughly documented prototype testing of the wastewater.(7-1-26)

IDAPA 58.01.16.501 (Reserved)

IDAPA 58.01.16.510 Facility and Design Standards for Municipal Wastewater Systems:

SUPPLEMENTAL TREATMENT PROCESSES.

01.Chemical Treatment. Chem ical treatment in various forms can be used to aid in phosphorus and nitrogen removal, pH adjustment, enhanced clarification, and sludge conditioning.(7-1-26)

a.Chemical treatment must be evaluated for each specific treatment process in the PER and must be compatible with other liquids, solids and air treatment processes. Laboratory tests such as jar tests or pilot-scale studies on actual process wastewater must be used to select appropriate chemicals and dosage ranges.(7-1-26)

b.When settling aids are used during the primary clarification process to enhance solids removal in the primary treatment process, the additional solids volume must be accounted for in pumping, solids handling, stabilization, and disposal processes. The coagulant must be added and mixed before the sedimentation process.

Flocculants, if used, must be added after the coagulant. The design must provide for chemical addition points at several locations to give process personnel the opportunity to adjust for optimum performance.(7-1-26)

02.Filtration for Tertiary Treatment. Details for treatment facilities with tertiary treatment utilizing membrane, media, cloth, or reverse osmosis must be submitted and approved in the PER. In addition to the provisions of Section 411, the PER must include plant layout, calculations for hydraulic capacity and air required, filtration technology considered and the type and model selected, results from similar type filtration systems already in operation, and anticipated sludge production.(7-1-26)

IDAPA 58.01.16.511 (Reserved)

IDAPA 58.01.16.519 Facility and Design Standards for Municipal Wastewater Systems:

SEPTAGE TRANSFER STATIONS.

Prior to construction of a new septage transfer stat ion or upon material modification of an approved existing station, the owner of the station must satisfy the following requirements.(7-1-26)

01.Design. Septage holding tanks, transfer/storage tanks, and transfer hoses for either type of tank will meet the applicable provisions of Subsections 519.01.a. through 519.01.c.(7-1-26)

a.All tanks will be watertight, not open to the air, and provided with containment structures to prevent the discharge of septage spills to the surrounding environment.(7-1-26)

b.All piping, transfer hoses, valves, and connections will be watertight, accessible, and capable of being cleaned, repaired, and replaced.(7-1-26)

c.All inlet and outlet connections will be constructed and maintained such that septage will not leak, spill, or overflow the holding tank.(7-1-26)

d.No septage holding or transfer/storage tank will be permitted within the one hundred (100) year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency.(7-1-26)

e.Odor controls will be provided to mitigate nuisance odor during transfer. Odor control may be attained by employing appropriate setback distances to neighboring facilities, using appropriate air scrubbing technologies in conjunction with an enclosed transfer station or other suitably engineered configuration that provides assurances of minimal odor nuisances.(7-1-26)

f.The property is owned by the individuals operating the septage transfer station, or the property owner has granted permission to use the property.(7-1-26)

g.Septage transfer stations will provide total containment for the entire volume of the holding tanks and transfer/storage tanks in the event of spilled septage.(7-1-26)

h.Truck washing facilities will be constructed to retain all wash water on site.(7-1-26)

02.Plans and Specifications. In addition to the provisions of Section 400, plans and specifications for septage transfer stations will provide or identify:(7-1-26)

a.A map which identifies the proposed septage holding or transfer/storage tank location;(7-1-26)

b.The footprint of the proposed activity area;(7-1-26)

c.All access roads and access control measures;(7-1-26)

d.All roads, property boundary lines, and structures within two hundred (200) feet of the septage holding or transfer/storage tank location; any structures on the property; and any easements or rights-of-way which exist on the property;(7-1-26)

e.Surrounding land use within two hundred (200) feet of the footprint of the proposed activity area on which the septage holding or transfer/storage tank is proposed to be located; and(7-1-26)

f.A spill response plan, describing spill response equipment and disinfection and containment capability at the septage transfer station, must be submitted to and approved by the Department.(7-1-26)

03.Record Keeping. Every owner of a septage transfer station will maintain the following records for a minimum of five (5) years.(7-1-26)

a.For each load of septage received:(3-31-22)

i.The date received or picked up;(3-31-22)

ii.The name and address of the clients from whom the septage was received; and(7-1-26)

iii.The volume of the septage received, in gallons; and(3-31-22)

b.Records indicating the final disposal destinations for septage removed from the transfer/storage tank.(7-1-26)

IDAPA 58.01.16.520 Facility and Design Standards for Municipal Wastewater Systems:

HANDLING AND TREATMENT OF SEPTAGE AT A WASTEWATER TREATMENT FACILITY.

01.General. Septage disposal at a wastewater treatment plan t is at the discretion of the owner of the wastewater treatment plant, unless other conditions apply. All treatment facilities require special design considerations prior to the acceptance of septage. Prior to acceptance of septage at a wastewater treatment facility, the plan for doing so must be addressed in the Facility Plan or PER.(7-1-26)

02.Characteristics. Prior to acceptance at a treatment facility, septage must be characterized. The U.S.

EPA Handbook entitled “Septage Treatment and Disposal” 1984, EPA-625/6-84-009) may be used to estimate common parameters for septage and municipal wastewater.(7-1-26)

03.Considerations. An engineering evaluation of the existing treatment facility and the anticipated septage loading must be conducted prior to receiving septage at the treatment facility. For proposed treatment facility expansion and upgrading, the PER or facility plan must include anticipated septage loading in addressing treatment facility sizing and process selection.(7-1-26)

IDAPA 58.01.16.521 (Reserved)

IDAPA 58.01.16.600 Land Application of Wastewaters or Recharge Waters

Land application of wastewater or rechar ge waters is subject to the following:(7-1-26)

01.Reuse Permit. IDAPA 58.01.17, “Recycled Water Rules,” govern when a permit prior to land application or reuse of certain types of wastewater is necessary.(7-1-26)

02.Applied Waters Restricted to Premises. Wastewaters or recharge waters applied to the land surface must be restricted to the premises of the application site.(7-1-26)

03.Hazard or Nuisance Prohibited. Wastewaters or recharge waters must not create a public health hazard or a nuisance condition.(7-1-26)

04.Monitoring. Provision must be made for monitoring the quality of the groundwater in proximity of the application site. The groundwater monitoring program is subject to approval by the Department. All data and reports resulting from the groundwater monitoring program must be submitted to the Department upon request. To determine the frequency of monitoring and data submittal, the Department will consider the following:(7-1-26)

a.The nature and volume of wastewater or recharge water;(7-1-26)

b.The frequency and duration of application; and(3-31-22)

c.The characteristics of the soil mantle on and lithology underlying the application site.(3-31-22)

05.Basis for Evaluation. The evaluation for an approval to irrigate, either by sprinkling or flooding or surface spreading of wastewater or recharge water in the upper soil horizon as a method of treatment, must include, but will not be limited to, consideration of the following:(7-1-26)

a.The type and quantity of wastewaters or recharge water proposed for land application. In general, the organic constituents are to be biologically degradable and inorganic constituents must be utilized by vegetation or those organisms normally present in the soil. Other wastewaters or recharge waters will be considered provided it can be shown that land application will not adversely affect beneficial uses of waters.(7-1-26)

b.The nature of the soils and geologic formations underlying the application site. The entity proposing the activity must provide reasonable assurance that the soils and site geology will provide the required level of treatment and will not allow movement of pollutants into the underlying groundwater.(7-1-26)

c.The ability of the soil and vegetative cover on the application site to remove the pollutants contained in the applied waters through the combined processes of consumptive use and biological and chemical inactivation.(3-31-22)

IDAPA 58.01.16.601 (Reserved)

IDAPA 58.01.16.650 Sludge Management Program

01.Plans. Sludg e can be disposed or utilized only in conformance with:(7-1-26)

a.A Department approved sludge disposal plan;(7-1-26)

b.A Department approved sludge use plan; or(7-1-26)

c.Procedures and in a manner approved by the Department on a site-by-site basis.(3-31-22)

02.Basis for Evaluation. Sludge disposal plans and sludge use plans will be evaluated by the Department regarding their protection of water quality and public health.(7-1-26)

03.Elements of Sludge Disposal Plans. Plans must at a minimum provide:(7-1-26)

a.Method of sludge transportation and disposal;(7-1-26)

b.Location of disposal and applicable acceptance criteria;(7-1-26)

c.Amount of sludge to be disposed, and whether the disposal is ongoing or one-time; and(7-1-26)

d. Emergency procedures, including spill cleanup, notification, and reporting procedures.(7-1-26)

04.Elements of Sludge Use Plans. Plans must at a minimum provide:(7-1-26)

a.That only stabilized sludge will be used;(7-1-26)

b.The criteria utilized for site selection, including:(3-31-22)

i.Soil description;(3-31-22)

ii.Geological features;(3-31-22)

iii.Groundwater characteristics;(3-31-22)

iv.Surrounding land use;(3-31-22)

v.Topography; and(3-31-22)

vi.Climate;(7-1-26)

c.A description of the transportation and application process;(7-1-26)

d.A statement detailing procedures to prevent application which could result in a reduction of soil productivity or in the percolation of excess nutrients;(7-1-26)

e.Identification of potential adverse health effects regarding the sludge and its proposed use; (7-1-26)

f.Delineation of methods or procedures to be used to alleviate or eliminate adverse health effects;

g.Emergency procedures, including spill cleanup, notification, and reporting procedures; and

h.Recordkeeping and reporting procedures.(7-1-26)

05.Reference to Federal Regulations. See Code of Federal Regulations, 40 CFR, Part 503, Standards for the Use or Disposal of Sewage Sludge.(3-31-22)

IDAPA 58.01.16.651 (Reserved)

IDAPA 58.01.16.660 Waivers

Waivers from the provisions of these rules may be granted by the Director on a case-by-case basis upon demonstration by the person requesting the waiver(s) that such activities for which the waivers are granted are not necessary for the protection of public health and the environment, and that the facilities are satisfactorily operated and maintained.(7-1-26)

IDAPA 58.01.16.661 (Reserved)