Idaho Admin. Code r. 58.01.25.105

Current through September 2, 2024

Section 58.01.25.105 - INDIVIDUAL PERMIT APPLICATIONS

01.Electronic Submittals. The Department may require an applicant to electronically submit information required by this section using an approved electronic method.

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.

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.

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.

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.

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.

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.

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.

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.

04.Individual Permit Application Forms. An applicant must use one (1) or more Department-approved 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:

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;

iii. New industrial facility that discharges process wastewater (Subsection 105.16), EPA Form 2D equivalent;

iv. New or existing industrial facility that discharges only non-process wastewater (Subsection 105.08.a.), EPA Form 2E equivalent;

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

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;

b. Applicant is a new or existing POTW or privately owned treatment works (Subsections 105.11 through 105.15):

i. EPA Form 2A equivalent; and

ii. EPA Form 2S equivalent, if applicable.

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";

b. Determine compliance with the mixing zone provisions in IDAPA 58.01.02.060, "Water Quality Standards"; or

c. Authorize a compliance schedule under IDAPA 58.01.02.400, "Water Quality Standards."

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:

a. Applicant's activity requiring an IPDES permit;

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;

d. Operator's name, mailing address, e-mail address, telephone number, ownership status, and status as federal, state, private, public, or other entity;

e. Statement that the facility is not in Indian country, if applicable;

f. List of permits or construction approvals received or applied for under:

i. Hazardous waste management program under IDAPA 58.01.05, "Rules and Standards for Hazardous Waste";

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";

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";

vii. Dredge or fill permits under the Clean Water Act section 404; or

viii. Other relevant environmental permits, programs or activities subject to state jurisdiction, approval, and permits, including IDAPA 58.01.17, "Recycled Water Rules"; and

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:

i. Facility and each of its intake and discharge structures;

ii. Location of the facility's hazardous waste treatment, storage, or disposal areas;

iii. Location of each well where fluids from the facility are injected underground; and

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

h. Description of the nature of the business;

i. Indicate whether the facility uses cooling water and the source of the cooling water; and

j. Indicate whether the facility is requesting any variances in Subsection 310.01 if known at the time of application.

07.Application Requirements for Existing Manufacturing, Commercial, Mining and Silviculture Dischargers.

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:

i. For each outfall:

(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;

(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;

(4) For a privately owned treatment works, identify each user of the treatment works; and

(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;

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;

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;

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;

(1) If the applicant demonstrates an undue burden to identify each toxic pollutant; and

(2) The Department has adequate information to issue the permit;

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

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.

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.

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).

ii. Water balance must show approximate average flows at intake and discharge points and between units, including treatment units.

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.

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:

i. Collect, prepare, and submit information on the effluent characteristics and discharge of pollutants specified in this section; and

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.

d. An applicant under this subsection must:

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;

ii. For 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;

e. For Subsection 105.07.c., exceptions to testing and data provision requirements for effluent characteristics include:

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

ii. An applicant's duty under Subsections 105.07j., 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.

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:

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

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:

(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;

(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

(3) For a flow-weighted composite sample, only one (1) analysis of the composite of aliquots is required;

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);

iv. The Department may, on a case-by-case basis, allow or establish appropriate site-specific sampling procedures or requirements, including:

(1) Sampling locations;

(2) Season in which the sampling takes place;

(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;

(5) Form of precipitation sampled, whether snow melt or rain fall;

(6) Protocols for collecting samples under 40 CFR Part 136 ; and

(7) Additional time for submitting data; and

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:

i. 5-day biochemical oxygen demand (BOD5);

ii. Chemical oxygen demand (COD);

iii. Total organic carbon (TOC);

iv. Total suspended solids (TSS);

v. Ammonia, as N;

vi. Temperature (both winter and summer); and

vii. pH.

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.

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:

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:

(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

(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

ii. Data for the toxic metals, cyanide, and total phenols listed in Table III of Appendix D to 40 CFR Part 122.

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.

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:

i. Report quantitative data for every pollutant expected to be discharged in concentrations of ten (10) parts per billion or greater;

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

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.

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.

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:

i. Uses or manufactures:

(1) 2,4,5-trichlorophenoxy acetic acid (2,4,5,-T);

(2) 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP);

(3) 2-(2,4,5-trichlorophenoxy) ethyl, 2,2-dichloropropionate (Erbon);

(4) o,o-dimethyl o-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel);

(5) 2,4,5-trichlorophenol (TCP); or

(6) Hexachlorophene (HCP); or

ii. Knows or believes that TCDD is or may be present in an effluent.

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:

i. Data requirements are met; sampling was performed, collected, and analyzed no more than four and one-half (4 1/2) years before submission;

ii. Data represent the discharge; and

iii. Available representative data are considered in the values reported.

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:

i. Coal mine with an expected total annual production of less than one hundred thousand (100,000) tons per year; or

ii. Gross total annual sales average less than two hundred eighty-seven thousand, three hundred dollars ($287,300) per year in 2014 dollars.

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.

08.Application Requirements for New or Existing Manufacturing, Commercial, Mining, and Silviculture Facilities that Discharge only Non-process Wastewater.

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:

i. Number of each outfall, latitude and longitude to the nearest second (or equivalent), and name of each receiving water;

ii. For a new discharger, the date of expected commencement of discharge;

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;

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;

v. Effluent characteristics prepared and submitted as described in Subsections 105.08.b. and 105.08.c.;

vi. Describe the frequency of flow and duration of seasonal or intermittent discharge, except for storm water runoff, leaks, or spills;

vii. Describe the treatment system used or to be used;

viii. Additional information the applicant wants considered, such as influent data for obtaining net credits under Subsection 303.07; and

ix. Signature of the certifying official under Section 090.

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:

i. 5-day biochemical oxygen demand (BOD5);

ii. Total suspended solids (TSS);

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;

v. Oil and grease;

vi. Chemical oxygen demand (COD), if non-contact cooling water is or will be discharged;

vii. Total organic carbon (TOC), if non-contact cooling water is or will be discharged;

viii. Ammonia, as N;

ix. Discharge flow;

x. pH; and

xi. Temperature, both in winter and summer.

c. Data required under Subsection 105.08.b.:

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;

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;

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

iv. The applicant must collect and analyze samples in accordance with 40 CFR Part 136.

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.

e. If the applicant is a new discharger, the applicant must:

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

ii. Include estimates and the source of each estimate instead of sampling data for the pollutants or parameters listed in Subsection 105.08.b.;

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.

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.

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:

a. Name of the owner and operator;

b. Facility location and mailing addresses;

c. Latitude and longitude of the production area to the nearest second (or equivalent), measured at the entrance to the production area;

d. Topographic map of the geographic area where the CAFO is located, showing the specific location of the production area;

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;

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;

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

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:

a. Maximum daily and average monthly flow from each outfall;

b. Number of ponds, raceways, and similar structures;

c. Name of the receiving water and the source of intake water;

d. Total yearly and maximum harvestable weight for each species of aquatic animal,; and

e. Calendar month of maximum feeding and the total mass of food fed during that month.

11.Application Requirements for New and Existing POTWs and Other Dischargers Designated by the Department.

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 previously submitted to the Department.

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.

c. An applicant under this subsection must provide:

i. Name, mailing address, and location of the facility;

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;

iii. List of environmental permits or construction approvals received or applied for, including dates, under:

(1) Hazardous waste management program under IDAPA 58.01.05, "Rules and Standards for Hazardous Waste";

(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";

(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) Dredge or fill permits under CWA Section 404;

(8) Sludge Management Program under IDAPA 58.01.16.650, "Wastewater Rules," and Section 380 of these rules; and

(9) Other relevant environmental permits, programs, or activities, including those subject to state jurisdiction, approval, and permits;

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;

v. Statement whether the facility is in Indian country and whether the facility discharges to a receiving stream that flows through Indian country;

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;

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;

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;

(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;

(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;

(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, e-mail 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

ix. Name, mailing address, e-mail address, telephone number, and responsibilities of contractors responsible for operating or maintaining the POTW facility.

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.

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:

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;

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:

(1) Treatment plant area and unit processes;

(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;

(3) Each well where fluids from the treatment plant are injected underground;

(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;

(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;

iii. Process flow diagram or schematic as follows:

(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

(2) Narrative description of the diagram; and

iv. Information regarding scheduled improvements:

(1) Outfall number of each affected outfall;

(2) Narrative description of each required improvement;

(3) Scheduled dates for commencing and completing construction, commencing discharge and attaining operational level, and actual completion date for events listed; and

(4) Description of permits and authorizations for other federal and state requirements.

e. An applicant must provide the following information for each outfall, including bypass points, through which effluent is discharged, as applicable:

i. For each outfall:

(1) Outfall number;

(2) County, and city or town in which the outfall is located;

(3) Latitude and longitude, to the nearest second;

(4) Distance from shore and depth below surface;

(5) Average daily flow rate, in million gallons per day (MGD);

(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) Statement whether the outfall is equipped with a diffuser and the type of diffuser used, such as high-rate;

ii. For each outfall discharging effluent to waters of the United States, the following receiving water information, if available:

(1) Name of each receiving water;

(2) Critical flow of each receiving water; and

(3) Total hardness of the receiving water at critical low flow; and

iii. For each outfall discharging to waters of the United States, the following information describing the treatment of the discharges:

(1) Highest level of treatment, including primary, equivalent to secondary, secondary, advanced, or other treatment level provided for:

(a) Design biochemical oxygen demand removal percentage;

(b) Design suspended solids removal percentage;

(c) Design phosphorus removal percentage;

(d) Design nitrogen removal percentage; and

(e) Other removals that an advanced treatment system is designed to achieve; and

(2) Type of disinfection used, and whether the treatment plant de-chlorinates, if disinfection is accomplished through chlorination.

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 ;

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;

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:

(1) With a design flow rate equal to or greater than one (1) million gallons per day (MGD);

(2) With an approved pretreatment program;

(3) Required to develop a pretreatment program; or

(4) The Department re compliance with these rules;

iv. Sampling and analysis for additional pollutants, as the Department may require, on a case-by-case basis;

v. Data from at least three (3) samples taken within four and one-half (4 1/2) years before the date of the permit application; to meet this requirement:

(1) Samples must represent the seasonal variation in the discharge from each outfall;

(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

vi. Existing data for pollutants specified in Subsections 105.11.f.i. through iv. collected within four and one-half (4 1/2) 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.

g. To meet the information requirements of Subsection 105.11.f., an applicant must:

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;

ii. Use the following methods:

(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;

(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

iii. Provide at least the following information for each parameter:

(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;

(3) Analytical method used; and

(4) Threshold level, such as the method detection limit, minimum level, or other designated method endpoint for the analytical method used; and

iv. Report metals as total recoverable, unless the Department requires otherwise.

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.

12.Whole Effluent Toxicity (WET) Monitoring for POTWs.

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 1/2) 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.

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);

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:

(1) Variability of the pollutants or pollutant parameters in the POTW effluent based on chemical-specific information, type of treatment plant, and types of industrial contributors;

(2) Ratio of effluent flow to receiving stream flow;

(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;

(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

(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.

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.

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 1/2) year period before the application, if the results show no appreciable toxicity using a safety factor determined by the Department;

ii. Number of chronic or acute WET tests conducted since the last permit reissuance;

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 1/2) years before the date of the application, the dates on which the data were submitted and a summary of the results; and

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 1/2) years revealed toxicity.

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;

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

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.

f. For the WET testing required by this section, an applicant must conduct testing using methods approved under 40 CFR Part 136.

13.Application Requirements for POTWs Receiving Industrial Discharges.

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 SlUs and NSCIUs that truck or haul waste, discharging to the POTW. A POTW with one (1) or more SlUs must provide the following information for each SIU that discharges to the POTW:

i. Name and mailing address of the SIU;

ii. Description of all industrial processes that affect or contribute to the SIU's discharge;

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;

v. Whether the SIU is subject to local limits;

vi. Whether the SIU is subject to one (1) or more categorical standards, and if so, under which category and subcategory; and

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 1/2) years.

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.:

i. Annual report submitted within one (1) year of the application; or

ii. Pretreatment program.

14.Application Requirements for POTWs Receiving Discharges from Hazardous Waste Generators and from Waste Cleanup or Remediation Sites.

a. POTWs receiving hazardous or corrective action wastes or wastes generated at another type of cleanup or remediation site must provide:

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:

(1) How waste is delivered, including by truck, rail, or dedicated pipe; and

(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

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:

(1) Identity and description of each site or facility at which the wastewater originates;

(2) The identity of known hazardous constituents specified in IDAPA 58.01.05, "Rules and Standards for Hazardous Waste," in the wastewater; and

(3) Extent of treatment the wastewater receives or will receive before entering the POTW.

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."

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:

a. System map indicating the location of:

i. Combined sewer overflow discharge points;

ii. Sensitive use areas potentially affected by combined sewer overflows including beaches, drinking water supplies, shellfish beds, and sensitive aquatic ecosystems;

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;

b. System diagram of the combined sewer collection system including the locations of:

i. Major sewer trunk lines, both combined and separate sanitary;

ii. Points where separate sanitary sewers feed into the combined sewer system;

iii. In-line and off-line storage structures;

iv. Flow-regulating devices; and

v. Pump stations;

c. Information on each outfall for each combined sewer overflow discharge point covered by the permit application, including:

i. Outfall number;

ii. County and city or town where the outfall is located;

iii. Latitude and longitude, to the nearest second (or equivalent); and

iv. Distance from shore and depth below surface;

d. Statement whether the applicant monitored the following in the past year for a combined sewer overflow:

i. Rainfall;

ii. Overflow volume;

iii. Overflow pollutant concentrations;

iv. Receiving water quality;

v. Overflow frequency; and

vi. Number of storm events monitored in the past year;

e. Information about the number of combined sewer overflows from each outfall in the past year and, if available:

i. Average duration per event;

ii. Average volume for each event; and

iii. Minimum rainfall that caused a combined sewer overflow event in the last year;

f. Name of each receiving water;

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.

16.Application Requirements for New Sources and New Discharges.

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.:

i. Latitude and longitude to the nearest second (or equivalent) of the expected outfall location and the name of each receiving water;

ii. Expected date the discharge will commence;

iii. Information on flows, sources of pollution, and treatment technologies:

(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;

(2) Line drawing of the water flow through the facility with a water balance as described in Subsection 105.07.b.; and

(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;

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;

v. Effluent characteristics as described in Subsection 105.16.b.;

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;

vii. Optional information the permittee wishes the Department to consider.

b. Applicant must provide the following effluent characteristics information:

i. Estimated daily maximum, daily average, and the source of that information for each outfall for:

(1) Five (5)-day biochemical oxygen demand (BOD5);

(2) Chemical oxygen demand (COD);

(3) Total organic carbon (TOC);

(4) Total suspended solids (TSS);

(5) Flow;

(6) Ammonia, as N;

(7) Temperature, in both winter and summer; and

(8) pH.

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;

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:

(1) Pollutants in Table IV of Appendix D to 40 CFR Part 122;

(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:

(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

(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.);

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:

(1) 2,4,5-trichlorophenoxy acetic acid (2,4,5-T); Chemical Abstract Service (CAS) #93-76-5;

(2) 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP) (CAS #93-72-1);

(3) 2-(2,4,5-trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon) (CAS #136-25-4);

(4) o,o-dimethyl o-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel) (CAS #299-84-3);

(5) 2,4,5-trichlorophenol (TCP) (CAS #95-95-4); or

(6) Hexachlorophene (HCP) (CAS #70-30-4); and

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.

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.

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.

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 Department.

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.

b. Applicants must submit:

i. Name, mailing address, and location of the TWTDS where the application is submitted;

ii. Name, mailing address, e-mail address, and telephone number of the applicant, indicating whether the applicant is the owner, operator, or both;

iii. Whether the facility is a Class I Sludge Management Facility;

iv. Design flow rate in million gallons per day (MGD);

v. Total population and (EDUs) served; and

vi. TWTDS status as federal, state, private, public, or other entity.

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:

i. Hazardous waste management program under IDAPA 58.01.05, "Rules and Standards for Hazardous Waste";

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";

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";

vii. Dredge or fill permits under CWA Section 404;

viii. Sludge Management Program under IDAPA 58.01.16.650, "Wastewater Rules," and Section 380 of these rules; and

ix. Other relevant environmental permits, programs, or activities, subject to state jurisdiction, approval, and permits.

d. Applicants must identify the generation, treatment, storage, land application, or disposal of sewage sludge that occurs in Indian country.

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:

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 (1/4) mile of the property boundaries and listed in public records or known to the applicant.

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.

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;

ii. Applicants must provide data from at least three (3) samples taken within four and one-half (4 1/2) 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;

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

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;

(2) Analytical method used; and

(3) Method detection level.

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:

i. If the applicant's facility generates sewage sludge, the total dry metric tons per three hundred sixty-five (365)-day period generated at the facility;

ii. If the applicant's facility receives sewage sludge from another facility, the following information for each facility from which sewage sludge is received:

(1) Name, mailing address, and location of the other facility;

(2) Total dry metric tons per three hundred sixty-five (365)-day period received from the other facility; and

(3) Description of treatment processes occurring at the other facility, including blending activities and treatment to reduce pathogens or vector attraction characteristics;

iii. If the applicant's facility changes the quality of sewage sludge through blending, treatment, or other activities, the following information must be submitted:

(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;

(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

(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 sixty-five (365)-day period of sewage sludge subject to this subsection that is applied to the land;

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

(2) Copy of labels or notices that accompany the sewage sludge sold or given away; and

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:

(1) Name, e-mail address, and mailing address of the receiving facility;

(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;

(3) Description of treatment processes occurring at the receiving facility, including blending activities and treatment to reduce pathogens or vector attraction characteristic;

(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

(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.

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:

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;

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;

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;

(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;

(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;

(6) Whether the site is agricultural land, forest, a public contact site, or a reclamation site, as defined under 40 CFR 503.11;

(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.

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:

(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;

(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;

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:

(1) Describes the geographical area covered by the plan;

(2) Identifies the site selection criteria;

(3) Describes how the site will be managed;

(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

(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.

j. If sewage sludge from the applicant's facility is placed on a surface disposal site, the applicant must provide:

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;

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:

(1) Site name or number, contact person, mailing address, e-mail address, and telephone number for the surface disposal site; and

(2) Total dry metric tons from the applicant's facility per three hundred sixty-five (365)-day period placed on the surface disposal site;

iii. The following information for each active sewage sludge unit at each surface disposal site that the applicant owns or operates:

(1) Name or number and location of the active sewage sludge unit;

(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;

(4) Total dry metric tons placed on the active sewage sludge unit per three hundred sixty-five (365)-day period;

(5) Total dry metric tons placed on the active sewage sludge unit over the life of the unit;

(6) Description of the liner for the active sewage sludge unit, including whether it has a maximum permeability of 1 x 10^-7 cm/sec;

(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;

(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;

(9) Remaining capacity (dry metric tons) for the active sewage sludge unit;

(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:

(a) Name, contact person, and mailing address of the facility; and

(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;

(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;

(13) The following information, as applicable to ground water monitoring occurring at the active sewage sludge unit:

(a) Description of ground water monitoring occurring at the active sewage sludge unit;

(b) Ground water monitoring data describing the well locations and approximate depth to ground water;

(c) Copy of a ground water monitoring plan prepared for the active sewage sludge unit; and

(d) Copy of a certification obtained from a qualified ground water scientist that the aquifer has not been contaminated; and

(14) If site-specific pollutant limits are sought for the sewage sludge placed on this active sewage sludge unit, information to support the request.

k. If sewage sludge from the applicant's facility is fired in a sewage sludge incinerator, the applicant must provide:

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;

ii. The following information for each sewage sludge incinerator firing the applicant's sewage sludge that the applicant does not own or operate:

(1) Name or number, contact person, mailing address, e-mail address, and telephone number of the sewage sludge incinerator; and

(2) Total dry metric tons from the applicant's facility per three hundred sixty-five (365)-day period fired in the sewage sludge incinerator;

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;

(2) Latitude and longitude to the nearest second (or equivalent), and method of determination;

(3) Total dry metric tons per three hundred sixty-five (365)-day period fired in the sewage sludge incinerator;

(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;

(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;

(6) Dispersion factor for the sewage sludge incinerator and modeling results and supporting documentation;

(7) Control efficiency for parameters regulated in 40 CFR 503.43, and performance test results and supporting documentation;

(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;

(9) Whether the applicant monitors total hydrocarbons (THC) or carbon monoxide (CO) in the exit gas for the sewage sludge incinerator;

(10) Type of sewage sludge incinerator;

(11) Maximum performance test combustion temperature, obtained during the performance test of the sewage sludge incinerator to determine pollutant control efficiencies;

(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;

(b) Identify whether the feed rate submitted is average use or maximum design; and

(c) Describe how the feed rate was calculated;

(13) Incinerator stack height in meters for each stack and identify whether actual or creditable stack height was used;

(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;

(15) Identify the monitoring equipment in place including, but not limited to, equipment to monitor:

(a) Total hydrocarbons or carbon monoxide;

(b) Percent oxygen;

(c) Percent moisture; and

(d) Combustion temperature; and

(16) List of air pollution control equipment used with this sewage sludge incinerator.

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:

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;

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 site-specific basis; and

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.

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.

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:

i. TWTDS's name, mailing address, location, and status as federal, state, private, public, or other entity;

ii. Applicant's name, address, e-mail address, telephone number, and ownership status;

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;

iv. Annual amount of sewage sludge generated, treated, used or disposed (estimated dry weight basis); and

v. Most recent data the TWTDS may have on the quality of the sewage sludge.

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:

a. In Part 1 of the application:

i. Applicant's name, address, e-mail address, telephone number of contact person, ownership status and status as a state or local government entity;

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;

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:

(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;

(2) Location of known MS4 outfalls discharging to waters of the United States;

(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;

(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;

(5) Location and permit number of known discharges to the MS4 that have been issued a NPDES or IPDES permit;

(6) Location of major structural controls for storm water discharge (retention basins, detention basins, and major infiltration devices); and

(7) Identification of publicly owned parks, recreational areas, and other open lands.

iv. Description of the discharge including:

(1) Monthly mean rain and snow fall estimates (or summary of weather bureau data) and the monthly average number of storm events;

(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;

(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:

(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;

(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;

(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);

(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);

(e) Recognized by the applicant as highly valued or sensitive waters;

(f) Defined by the state as wetlands; and

(g) Found to have pollutants in bottom sediments, fish tissue, or biosurvey data.

(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:

(a) Overlay a grid system consisting of perpendicular north-south and east-west lines spaced one-quarter (A) mile apart on a map of the MS4, creating a series of cells;

(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;

(c) Locate field screening points downstream of sources of suspected illegal or illicit activity;

(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;

(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;

(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

(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 north-south and east-west lines spaced one-quarter (1/4) 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

(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));

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;

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

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.

b. In Part 2 of the application:

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:

(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;

(2) Prohibit through ordinance, order or similar means, illicit discharges to the MS4;

(3) Control through ordinance, order or similar means the discharge to an MS4 of spills, dumping or disposal of materials other than storm water;

(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;

(5) Require compliance with conditions in ordinances, permits, contracts or orders; and

(6) Complete inspection, surveillance, and monitoring procedures necessary to determine compliance and noncompliance with permit conditions including prohibiting illicit discharges to the MS4.

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;

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:

(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):

(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);

(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;

(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:

(i) Total suspended solids (TSS);

(ii) Total dissolved solids (TDS);

(iii) Chemical oxygen demand (COD);

(iv) Five (5)-day biochemical oxygen demand (BOD5);

(v) Oil and grease;

(vi) Fecal coliform (including E. coli);

(vii) Enterococci (previously known as fecal streptococcus);

(viii) pH;

(ix) Total Kjeldahl nitrogen;

(x) Nitrate plus nitrite;

(xi) Total ammonia plus organic nitrogen;

(xii) Dissolved phosphorus; and

(xiii) Total phosphorus;

(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);

(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;

(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

(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;

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:

(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:

(a) Maintenance activities and a schedule for structural controls to reduce pollutants (including floatables) in discharges from MS4s;

(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));

(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;

(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;

(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 establishes control measures for the discharges (this program can be coordinated with the program developed under Subsection 105.18.b.iv.(3)); and

(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;

(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:

(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;

(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);

(d) Procedures to prevent, contain, and respond to spills that may discharge into the MS4;

(e) Program to promote, publicize, and facilitate public reporting of the presence of illicit discharges or water quality impacts associated with discharges from MS4s;

(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

(g) Description of controls to limit infiltration of seepage from municipal sanitary sewers to MS4s where necessary;

(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:

(a) Identify priorities and procedures for inspections and establish and implement control measures for the discharges; and

(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:

(a) Procedures for site planning that considers potential water quality impacts;

(b) Requirements for nonstructural and structural BMPs;

(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; and

(d) Educational and training measures for construction site operators;

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;

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;

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

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.

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.

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 105.

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:

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:

(1) Each of its drainage and discharge structures;

(2) Drainage area of each storm water outfall;

(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

(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;

(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;

(3) Materials loading and access areas;

(4) Location, manner, and frequency in which pesticides, herbicides, soil conditioners, and fertilizers are applied;

(5) Location and a description of existing structural and non-structural control measures to reduce pollutants in storm water runoff; and

(6) Description of the treatment the storm water receives, including the ultimate disposal of any solid or fluid wastes other than by discharge;

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;

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;

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:

(1) Pollutants limited in an ELG to which the facility is subject;

(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);

(3) Oil and grease, pH, BOD5, COD, TSS, total phosphorus, total Kjeldahl nitrogen, and nitrate plus nitrite nitrogen;

(4) Information on the discharge required under Subsections 105.07.j. through l.;

(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

(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;

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

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.

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:

i. Location (including a map) and the nature of the construction activity;

ii. Total area of the site and the area of the site that is expected to undergo excavation during the life of the permit;

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;

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

vi. Name of the receiving water.

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:

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

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

iii. Contributes to a violation of a water quality standard.

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.

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.

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.

a. The Department may incorporate integrated plans into IPDES permits, compliance agreement schedules, consent orders, and compliance schedule orders.

b. Integrated plans considered by the Department should contain:

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;

iii. A communications plan describing how community stakeholders are given consideration in the planning and implementation of the plan;

iv. A process for identifying, evaluating, and selecting alternatives and proposing implementation schedules;

v. A process for evaluating the performance of projects identified in the plan; and

vi. A process for identifying, evaluating, and selecting proposed new projects or modifications to ongoing or planned projects based on changed circumstances.

Idaho Admin. Code r. 58.01.25.105

Effective July 1, 2024