Idaho NPDES Program Authorization
On June 5, 2018, EPA approved Idaho's application to administer and enforce the Idaho Pollutant Discharge Elimination System (IPDES) Program. Concurrent with this approval, EPA also approved the IPDES program for electronic reporting.
The Idaho Department of Environmental Quality (IDEQ) will administer the approved IPDES program regulating discharges of pollutants into waters of the United States under its jurisdiction. For more information, visit Idaho Department of Environmental Quality Wastewater Program.
EPA has approved Idaho's implementation plan that transfers the administration of specific program components from EPA to the state over a four-year period in accordance with the Memorandum of Agreement (MOA) between IDEQ and EPA Region 10, and subject to EPA oversight and enforcement. EPA will suspend issuance of NPDES permits in Idaho in accordance with the schedule below.
EPA retains the authority to issue NPDES permits for facilities located on tribal lands and/or discharging to tribal waters in Idaho.
- EPA's press release (June 5, 2018)
- EPA's IPDES program approval letter (pdf)
- Federal Register notice of EPA's approval (June 14, 2018)
- About NPDES state program authorizations
Schedule for Transfer of Permitting Authority to Idaho
- Phase I – Individual Municipal Permits and Pretreatment on July 1, 2018.
- Phase II – Individual Industrial Permits on July 1, 2019.
- Phase III – General Permits (Aquaculture, Pesticide, CAFO, Suction Dredge, Remediation) on July 1, 2020.
- Phase IV – Federal Facilities, General and Individual Stormwater Permits and Biosolids on July 1, 2021.
EPA accepted public comments and testimony on Idaho's IPDES application from August 11 through October 10, 2017. Documents related to the public comment period, including EPA's responses to comments, are available at the link below.
Idaho submitted the following documents to EPA on August 31, 2016 (and updated on August 1, 2017) as part of its program submission.
- Letter from Idaho governor to EPA requesting approval of State's application (pdf) - August 9, 2016
- IPDES Program Description (pdf) - Revised July 2017. Document describes how the state will issue IPDES permits, ensure compliance with permit conditions, conduct enforcement, as well as fund and manage the program including programmatic information and data.
- Statement from Idaho Attorney General's Office (pdf) - May 18, 2018. Letter and supporting information confirming that the state’s laws and regulations provide sufficient authority to the state to implement the discharge, pretreatment, and biosolids components of the NPDES program.
- Memorandum of Agreement (MOA) Between Idaho and EPA Region 10 (pdf) - Document establishes, in part, timeframes for a phased approach for the state to assume authority.
- Note: On August 29, 2017, EPA provided a correction to Appendix F of the MOA (see "Additional Correspondence" below).
- Water Quality Planning in Idaho: Continuing Planning Process (pdf)
- Applicable State statutes and regulations:
- Idaho Statues, Title 39, Chapter 1, Environmental Quality - Health
- IDAPA 58.01.25 IPDES Rules (pdf)
- IDAPA 58.01.02 Idaho Water Quality Standards (pdf)
- IDAPA 58.01.16 Wastewater Rules (pdf)
- IDAPA 58.01.09 Rules Regulating Swine Facilities (pdf)
- Idaho Code, Title 18, Chapter 1, Preliminary Procedures
- Idaho Statutes, Title 74, Chapter 1, Public Records Act
- Idaho Statutes, Title 19, Chapter 4, Time of Commencing Criminal Actions
- Idaho Statutes, Title 22, Chapter 49, Beef Cattle Environmental Control Act
- Idaho Statutes, Title 37, Chapter 6, Dairy Environmental Control Act
- Idaho Statutes, Title 39, Chapter 79, Swine Facilities Siting Act
- Idaho Statutes, Title 25, Chapter 40, Poultry Environmental Act
- IDAPA 02.04.14 Rules Governing Dairy Byproduct (pdf)
- IDAPA 02.04.15 Beef Cattle Animal Feeding Operations (pdf)
- IDAPA 02.04.30 Rules Governing Nutrient Management (pdf)
- IPDES Program Approval Letter (pdf)
- Correction to Appendix D and Appendix F of the MOA Between Idaho and EPA Region 10 (pdf)
- IDEQ Letter to EPA Regarding Revisions to IPDES Program Application (pdf)
- EPA Letter to IDEQ Regarding IPDES Program Review (pdf)
- EPA Letter to IDEQ Approving Extension of IPDES Application Review Period (pdf)
- IDEQ Letter to EPA Requesting Extension of IPDES Application Review Period (pdf)
- EPA Letter to IDEQ Regarding Completeness of IPDES Application (pdf)