Section 58.01.25.200 - RENEWAL OF IPDES PERMITS01.Interim Effluent Limits. Except as provided in Subsection 200.02, when a permit is renewed or reissued, interim effluent limit, standards or conditions must be at least as stringent as the final effluent limits, standards, or conditions in the previous permit unless the circumstances on which the previous permit: a. Materially and substantially changed since the time the permit was issued; andb. Constitute cause for permit modification or revocation and reissuance under Subsection 201.02.02.Final CWA Section 402(a)(1)(B) Effluent Limits. For effluent limits established by the Department based on CWA Section 402(a)(1)(B), a permit may not be renewed, reissued, or modified based on ELGs promulgated under CWA Section 304(b) after the original issuance of a permit, to contain effluent limit that are less stringent than the comparable effluent limits in the previous permit, except a permit may be renewed, reissued, or modified to contain a less stringent effluent limit applicable to a pollutant, if:a. Material and substantial alterations or additions to the permitted facility occurred after permit issuance justifying the application of a less stringent effluent limit;b. Information is available that:i. Was not available during permit issuance (other than revised regulations, guidance, or test methods) and justifies the application of a less stringent effluent limit during permit issuance; orii. The Department determines technical mistakes or mistaken interpretations of law were made in issuing the permit under CWA Section 402(a)(1)(b);c. A less stringent effluent limit is necessary because of events over which the permittee has no control and there is no reasonably available remedy;d. The permittee received a permit modification under CWA Sections 301(c), 301(g), 301(i), 301(k), 301(n), or 316(a); ore. The permittee installed the treatment facilities required to meet the effluent limits in the previous permit and properly operated and maintained the facilities but has not achieved the previous effluent limits. The limits in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but will not be less stringent than required ELGs in effect during permit renewal, reissuance, or modification).03.Final CWA Section 301(b)(1)(C) or 303 Effluent Limits. For effluent limits based on CWA Sections 301(b)(1)(C), 303(d), or (e), a permit may not be renewed, reissued, or modified to contain effluent limits less stringent than the comparable effluent limits in the previous permit except when:a. One of the exceptions in Subsection 200.02 apply; orb. The water where the discharge occurs is identified as impaired on Idaho's Integrated Report and the effluent limit is based on a TMDL or other waste load allocation established under CWA Section 303, if the cumulative effect of all revised effluent limits based on the TMDL or waste load allocation will ensure attainment of applicable water quality standards; orc. The water quality where the discharge occurs meets or exceeds levels required by the water quality standards, and the effluent limit is based on a TMDL or other waste load allocation established under the CWA Section 303, any water quality standard, or permitting standard, if the revision is subject to and consistent with the antidegradation policy and implementation procedures in the water quality standards.04.Effluent Limits and Water Quality Standards. In no event may a permit to which Subsection 200.02 or 200.03 applies be renewed, reissued, or modified to contain an effluent limit less stringent than required by ELGs in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into waters of the United States be renewed, issued, or modified to contain a less stringent effluent limit if implementing the limit results in a violation of a water quality standard under IDAPA 58.01.02, "Water Quality Standards."Idaho Admin. Code r. 58.01.25.200