Current through September 2, 2024
Section 58.01.25.106 - INDIVIDUAL PERMIT APPLICATION REVIEW01.Completeness Criteria. The Department will not process or issue an individual IPDES permit application before receiving a complete application. The application form and supplemental information are complete when submitted to the Department's satisfaction. The Department will not consider a permit application to be complete until applicable fees required under Section 110 are paid.02.Sufficiently Sensitive Methods. Except as specified in Subsection 106.02.c., a permit application will not be considered complete unless all required quantitative data are collected following sufficiently sensitive analytical methods approved under 40 CFR Part 136 or required under 40 CFR Parts 400 through 471 and 501 through 503.a. A method approved under 40 CFR Part 136 or required under 40 CFR Parts 400 through 471 and 501 through 503 is "sufficiently sensitive" when:i. The method minimum level (ML) is at or below the level of the water quality criterion for the measured pollutant or pollutant parameter; orii. The method ML is above the water quality criterion, but the amount of the pollutant or pollutant parameter in a facility's discharge is high enough that the method detects and quantifies the level of the pollutant or pollutant parameter in the discharge; oriii. The method has the lowest ML of the analytical methods approved under 40 CFR Part 136 or required under 40 CFR Parts 400 through 471 and 501 through 503 for the measured pollutant or pollutant parameter.b. For Subsection 106.02.a., consistent with 40 CFR Part 136, applicants may opt to provide matrix-or sample-specific MLs rather than the published levels. When an applicant can demonstrate, despite a good faith effort to use a method that meets the definition of "sufficiently sensitive," the analytical results are not consistent with the QA/QC specifications for that method, then the Department may determine the method is not performing adequately and the applicant will select a different method from the remaining EPA-approved methods that is sufficiently sensitive consistent with Subsection 106.02.a. When no other EPA-approved methods exist, the applicant will select a method consistent with Subsection 106.02.c.c. When there is no analytical method approved under 40 CFR Part 136, required under 40 CFR Parts 400 through 471 and 501 through 503, and is not otherwise required by the Department, the applicant may use any suitable method but must describe the method. When selecting a suitable method, other factors such as a method's precision, accuracy, or resolution, may be considered when assessing the performance of the method.03.Independence. The Department will judge the completeness of an IPDES permit application independently of other permit application or permit.04.Schedule. The Department will notify an applicant in writing whether the application is complete within:a. Thirty (30) days if the application is for a new source or new discharger under the IPDES program, orb. Sixty (60) days if the application is for an existing source or sludge-only facility.05.Additional Information. Notification that an application is complete does not preclude the Department from requiring the applicant submit additional information for the Department's use in processing the application. This additional information may only be requested when necessary to clarify, modify, or supplement previously submitted material. a. Requests for additional information will not render an application incomplete.b. While processing the application, if the Department decides a site visit is necessary, the Department will notify the applicant and schedule a date. Failure to schedule or refusal of a requested site visit are grounds for permit denial.c. The applicant's failure or refusal to correct deficiencies, or supply requested information may result in permit denial, and appropriate enforcement actions may be initiated, if warranted.06.Incomplete Due to Waiver Denial. The Department will not consider a permit application complete if the Department waived application requirements under Subsection 105.11 or 105.17 and the EPA has disapproved the waiver.07.Impact of Waiver Delay. If a person required to reapply for a permit submits a waiver request to the Department more than two hundred ten (210) days before an existing permit expires, and the EPA does not disapprove the waiver request one hundred eighty-one (181) days before the permit expires, the Department will consider the permit application complete without the information subject to the waiver request.08.Application Completeness Date. The application is complete when the Department notifies the applicant.Idaho Admin. Code r. 58.01.25.106