Idaho Admin. Code r. 58.01.25.108

Current through September 2, 2024

Section 58.01.25.108 - DRAFT PERMIT AND FACT SHEET

01.Draft Permit.

a. If the Department decides to prepare a draft permit, it will contain:

i. Conditions established under Section 300;

ii. Conditions for specific categories established under Section 301 and 40 CFR 122.42(e);

iii. Conditions established under Section 302;

iv. Conditions established under Section 303;

v. Monitoring requirements established under Section 304;

vi. Schedules of compliance established under Section 305; and

vii. Approved variances.

b. General and individual proposed permits will be available to the EPA Region 10 Administrator for comment as specified in Subsections 107.03 (Proposed Permit) and 107.04 (Final Permit).

02.Fact Sheets.

a. A fact sheet containing the information required in Subsection 108.02.b. must accompany the draft permit prepared for:

i. Major IPDES facility or activity;

ii. Class I sludge management facility;

iii. IPDES general permit;

iv. Permit that incorporates a variance or requires an explanation under Subsection 108.02.b.ix. through 108.02.b.x.;

v. Permit that includes a sewage sludge land application plan under 40 CFR 501.15(a)(2)(ix); and

vi. Permit that the Department finds is the subject of wide-spread public interest or raises major issues.

b. A fact sheet must describe the principal facts and significant factual, legal, methodological, and policy questions considered in preparing the draft permit and must include, if applicable:

i. Brief description of the type of facility or activity that is the subject of the draft permit;

ii. Type and quantity of wastes, fluids, or pollutants that are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged;

iii. Summary of the basis for the draft permit conditions, including references to applicable statutes or regulations and appropriate supporting references to the administrative record;

iv. Reasons for the Department's tentative decision on requested variances or alternatives to required standards;

v. Description of the procedures for reaching a final decision on the draft permit, including:

(1) Beginning and ending dates of the comment period under Subsection 109.02 and the address where comments are submitted;

(2) Procedure for requesting a public meeting and the nature of that meeting; and

(3) Other procedures by which the public may participate in the final decision;

vi. Name and telephone number of a person to contact for additional information;

vii. Justification for waiver of application requirements under Section 105 for new and existing POTWs;

viii. Calculations or other explanations of the derivation of specific effluent limits and conditions, including a citation to the ELG or performance standard as required by Section 302, and reasons why the effluent limits and conditions apply, or an explanation of how an alternate effluent limit was developed;

ix. If applicable, an explanation of why the draft permit contains:

(1) Limits to control toxic pollutants under Subsection 302.07;

(2) Limits on internal waste streams under Section 304;

(3) Limits on indicator pollutants under 40 CFR 125.3(g);

(4) Limits established on a case-by-case basis under 40 CFR 125.3 (c)(2) or (c)(3) or CWA Section 405(d)(4);

(5) Limit to meet the criteria for permit issuance under Subsection 103.07; or

(6) Waivers from monitoring requirements granted under Subsection 302.03;

x. For a draft permit for a treatment works owned by a person other than a state or municipality, an explanation of the Department's decision on regulation of users under Subsection 302.15;

xi. If appropriate, a sketch or description of the location of the discharge or regulated activity described in the application; and

xii. For permits that include a sewage sludge land application plan under 40 CFR 501.15(a)(2)(ix), a description of how each of the required elements of the land application plan are addressed in the permit.

Idaho Admin. Code r. 58.01.25.108

Effective July 1, 2024