Idaho Admin. Code r. 58.01.25.109

Current through September 2, 2024

Section 58.01.25.109 - PUBLIC NOTIFICATION AND COMMENT

01.Public Notification.

a. The Department will give notice to the public that:

i. A draft permit has been prepared under Subsection 108.01;

ii. The Department intends to deny a permit application under Subsection 107.01;

iii. A public meeting is scheduled; or

iv. An IPDES new source determination has been made.

b. A public notice may describe more than one (1) permit or permit action.

c. The Department will allow at least thirty (30) days for public comment on the items in the notice, and provide at least thirty (30) days' notice before the public meeting. Notice of the draft permit and meeting may be combined and given at the same time.

d. Public notice that a draft permit has been prepared and a public meeting on the draft permit will be given by:

i. Mailing a copy of the notice to the following persons, unless person entitled to receive notice under this subsection waives the right to receive notice for any classes and categories of permits:

(1) The applicant, unless there is no applicant for an IPDES general permit;

(2) An agency (including EPA when the draft permit is prepared by the state) the Department knows has issued or is required to issue a permit for the same facility or activity under:

(a) Resource Conservation and Recovery Act, under IDAPA 58.01.05, "Rules and Standards for Hazardous Waste";

(b) Underground Injection Control (UIC) Program under Idaho Department of Water Resources as authorized under Idaho Code Title 42 Chapter 39 and regulated under IDAPA 37.03.03, "Rules and Minimum Standards for the Construction and Use of Injection Wells";

(c) Clean Air Act, under IDAPA 58.01.01, "Rules for the Control of Air Pollution in Idaho";

(d) Idaho Pollution Discharge Elimination System Program, under IDAPA 58.01.25, "Idaho Pollutant Discharge Elimination System Rules"; or

(e) Sludge Management Program, under IDAPA 58.01.16.650, "Wastewater Rules"; and

(f) Dredge and Fill Permit Program (CWA Section 404);

(3) Affected federal and state agencies with jurisdiction over fish, shellfish, wildlife, and other natural resources, state historic preservation officers, and any affected Indian tribes;

(4) State agency responsible for plan development under CWA Sections 208(b)(2), 208(b)(4), or 303(e), and the US Army Corps of Engineers, the US Fish and Wildlife Service, and National Marine Fisheries Service;

(5) User identified in the permit application of a privately owned treatment works;

(6) Persons on a mailing list developed by:

(a) Recording those who request in writing to be on the list;

(b) Soliciting persons for area lists from participants in past permit proceedings in that area; and

(c) Publishing notice of the opportunity to be on the mailing list on the Department's website and through periodic publication in the local press and in regional and state-funded newsletters, environmental bulletins, state law journals, or similar publications. The Department may update the mailing list by requesting written indication of continued interest from those listed, and may delete from the list the name of a person who fails to respond to the Department's request;

(7) A unit of local government with jurisdiction over the area where the facility is proposed to be located; and

(8) Each state agency with authority under state law for construction or operation of the facility;

ii. For a major facility permit, general permit, and permit that includes sewage sludge land application plans, by publishing a notice in a daily or weekly newspaper within the area affected by the facility or activity; and

iii. By a method that provides notice of the action to persons potentially affected by it, including press releases or another forum or media to elicit public participation. For IPDES major permits and general permits, in lieu of the requirement for publication of a notice in a daily or weekly newspaper, the Department may publish all notices of activities described in Subsection 109.01.a. to the Department's website. If the Department selects this option for a draft permit, in addition to meeting the requirements in Subsection 109.01.e., the Department will post the draft permit and fact sheet on the website for the duration of the public comment period. The Department will ensure the methods of public notice effectively inform interested communities and allow access to the permitting process for those seeking to participate.

e. A public notice issued under this subsection will contain at least:

i. Name and address of the office processing the permit action for which notice is given and where comments may be submitted;

ii. Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit, except for IPDES draft general permits;

iii. Description of the business conducted at the facility or activity described in the permit application, or for general permits, when there is no application, in the draft permit;

iv. Name, address, and telephone number of a person from whom interested persons may obtain information, including copies of the draft permit or draft general permit, fact sheet, and application;

v. Description of the comment and public meeting procedures required by this subsection and the time and place of any meetings that will be held; if no meeting has been scheduled, procedures to request a meeting and by which the public may participate in the final permit decision;

vi. Description of the location of each existing or proposed discharge point and the name of the receiving water;

vii. Sludge use and disposal practices and the location of each sludge TWTDS and use or disposal sites known during permit application;

viii. Description of requirements applicable to cooling water intake structures under CWA Section 316(b), in accordance with 40 CFR 125.80 through 89, 125.90 through 99, and 125.130 through 139 ; and

ix. Link to the Department's website where interested parties can obtain copies of the draft permit, fact sheet, and the permit application, if any; and

f. In addition to the information required by Subsection 109.01.e., the public notice for a draft permit for a discharge for which a request has been filed under the CWA Section 316(a) will include:

i. Statement that the thermal component of the discharge is subject to effluent limits under CWA Sections 301 or 306, and a description, including a quantitative statement, of the thermal effluent limits proposed under CWA Section 301 or 306;

ii. Statement that a request has been filed under CWA Section 316(a), that alternative less stringent effluent limits may be imposed on the thermal component of the discharge under CWA Section 316(a), and a description, including a quantitative statement, of the alternative effluent limits, if any, included in the request; and

iii. If the applicant has filed an early screening request under 40 CFR 125.72 for a variance under CWA Section 316(a), a statement that the applicant has submitted an early screening request.

g. In addition to the public notice described in Subsection 109.01.e., the public notice of a meeting must contain:

i. Reference to the date of previous public notices relating to the permit;

ii. Date, time, and place of the meeting; and

iii. Description of the nature and purpose of the meeting, including the applicable rules and procedures.

h. The Department will mail a copy of the public notice described in Subsection 109.01.e. to persons identified in Subsections 109.01.d.i.(1), (2), (3), and (4).

i. The Department will hold a public meeting whenever the Department finds, based on requests, a significant degree of public interest in a draft permit. The Department may also hold a public meeting if a meeting might clarify one (1) or more issues involved in the permit decision or for another reason in the Department's discretion.

02.Public Comment.

a. During the public comment period, an interested person may submit written comments on the draft permit. Written comments must be submitted to the person identified in the notice and as specified in Subsection 109.01.e.

b. During the public comment period, an interested person may request a public meeting if no public meeting has been scheduled. The Department will schedule and hold a public meeting if the Department determines that significant public interest exists in the draft permit.

i. A request for a public meeting must be in writing and submitted to the Department within fourteen (14) days after the date of the public notice required by Subsection 109.01.

ii. If a public meeting is held to receive comments, the Department will make an audio recording or hire a court reporter to record the meeting and will prepare a transcript of the meeting if an appeal is filed.

c. If, during the comment period for an IPDES draft permit, the district engineer of the US Army Corps of Engineers advises the Department in writing that anchorage and navigation of the waters of the United States will be substantially impaired by granting a permit, the Department will deny the permit and notify the applicant of the denial. If the district engineer advises the Department that imposing specified conditions upon the permit is necessary to avoid substantial impairment of anchorage or navigation, the Department will include the specified conditions in the permit. Review or appeal of denial of a permit or of conditions specified by the district engineer must be sought through the procedures of the US Army Corps of Engineers and not through the state procedures. If a court of competent jurisdiction stays the conditions or if procedures of the US Army Corps of Engineers result in a stay of the conditions, those conditions must be considered stayed in the IPDES permit for the duration of the stay.

d. If, during the comment period for an IPDES draft permit, the US Fish and Wildlife Service, the National Marine Fisheries Service, or another state or federal agency with jurisdiction over fish, wildlife, or public health advises the Department in writing that the imposition of specified conditions upon the permit is necessary to avoid substantial impairment of fish, shellfish, or wildlife resources, the Department may include the specified conditions in the permit to the extent the Department determines they are necessary to comply with the provisions of the CWA.

e. In some cases, the Department may confer with one (1) or more of the agencies referred to in Subsections 109.02.c. and 109.02.d. before issuing a draft permit and may state an agency's view in the fact sheet or the draft permit.

f. The Department will consider all comments in making the final decision and will answer the comments as provided in this subsection.

g. Requests for extending a public comment period must be received in writing by the Department before the last day of the comment period.

h. After the public comment period closes and before issuing the final permit decision, the Department will allow the permit applicant to provide additional information to respond to public comments. To respond to comments, the Department may request the applicant provide additional information.

03.Response to Comments. When issuing a final permit, the Department will issue a response to comments that will be available to the public. The response must:

a. Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and

b. Describe and respond to significant comments on the draft permit raised during the public comment period or meetings.

Idaho Admin. Code r. 58.01.25.109

Effective July 1, 2024