Current through August 31, 2023
Section 58.01.25.003 - INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS01.Availability of Reference Material. Codes, standards and regulations may be incorporated by reference in this rule pursuant to Section 67-5229, Idaho Code. Codes, standards or regulations adopted by reference throughout this rule are available in the following locations: (3-24-22) a. Department of Environmental Quality. Department of Environmental Quality, 1410 N. Hilton, Boise, ID 83706-1255. (3-24-22)b. Law Library. State Law Library, 451 W. State Street, P.O. Box 83720, Boise, ID 83720-0051. (3-24-22)02.Incorporation by Reference. The following documents are incorporated by reference into these rules. Any reference in these rules to requirements, procedures, or specific forms contained in any section or subsection constitute the full adoption by reference of that section or subsection, including any notes and appendices therein, unless expressly provided otherwise in these rules: (3-24-22) a.40 CFR 122.21(r), revised as of July 1, 2020 (Application Requirements for Facilities with Cooling Water Intake Structures); (3-24-22)b.40 CFR 122.23, revised as of July 1, 2020 (Concentrated Animal Feeding Operations); (3-24-22)c.40 CFR 122.24, revised as of July 1, 2020 (Concentrated Aquatic Animal Production Facilities); (3-24-22)d.40 CFR 122.25, revised as of July 1, 2020 (Aquaculture Projects); (3-24-22)e.40 CFR 122.26(a) through (b) and 40 CFR 122.26(e) through (g), revised as of July 1, 2020 (Storm Water Discharges); (3-24-22)f.40 CFR 122.27, revised as of July 1, 2020 (Silvicultural Activities); (3-24-22)g.40 CFR 122.29(d), revised as of July 1, 2020 (Effect of Compliance with New Source Performance Standards); (3-24-22)h.40 CFR 122.30 and 40 CFR 122.32 through 40 CFR 122.37, revised as of July 1, 2020 (Requirements and Guidance for Small Municipal Separate Storm Sewer Systems); (3-24-22)i.40 CFR 122.42(e), revised as of July 1, 2020 (Additional Conditions Applicable to NPDES Permits for Concentrated Animal Feeding Operations); (3-24-22)j. Appendix A to 40 CFR 122, revised as of July 1, 2020 (NPDES Primary Industry Categories); (3-24-22)k. Appendix C to 40 CFR 122, revised as of July 1, 2020 (Criteria for Determining a Concentrated Aquatic Animal Production Facility); (3-24-22)l. Appendix D to 40 CFR 122, revised as of July 1, 2020 (NPDES Permit Application Testing Requirements); (3-24-22)m. Appendix J to 40 CFR 122, revised as of July 1, 2020 (NPDES Permit Testing Requirements for Publicly Owned Treatment Works); (3-24-22)n.40 CFR 125.1 through 40 CFR 125.3 (Subpart A), revised as of July 1, 2020 (Criteria and Standards for Imposing Technology-Based Treatment Requirements Under Sections 301(b) and 402 of the Clean Water Act); (3-24-22)o.40 CFR 125.10 through 40 CFR 125.11 (Subpart B), revised as of July 1, 2020 (Criteria for Issuance of Permits to Aquaculture Projects); (3-24-22)p.40 CFR 125.30 through 40 CFR 125.32 (Subpart D), revised as of July 1, 2020 (Criteria and Standards for Determining Fundamentally Different Factors Under Sections 301(b)(1)(A) and 301(b)(2)(A) and (E) of the Clean Water Act); (3-24-22)q.40 CFR 125.70 through 40 CFR 125.73 (Subpart H), revised as of July 1, 2020 (Criteria for Determining Alternative Effluent Limitations Under Section 316(a) of the Clean Water Act); (3-24-22)r.40 CFR 125.80 through 40 CFR 125.89 (Subpart I), revised as of July 1, 2020 (Requirements Applicable to Cooling Water Intake Structures for New Facilities Under Section 316(b) of the Clean Water Act); (3-24-22)s.40 CFR 125.90 through 40 CFR 125.99 (Subpart J), revised as of July 1, 2020 (Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities Under Section 316(b) of the Clean Water Act); (3-24-22)t.40 CFR 127.11 through 40 CFR 127.16 (Subpart B), revised as of July 1, 2020 (Electronic reporting of NPDES Information from NPDES-Regulated Facilities); (3-24-22)u.40 CFR 129.1 through 40 CFR 129.105 (Subpart A), revised as of July 1, 2020 (Toxic Pollutant Effluent Standards and Prohibitions); (3-24-22)v.40 CFR 133.100 through 40 CFR 133.105, revised as of July 1, 2020 (Secondary Treatment Regulation); (3-24-22)w. 40 CFR Part 136 , revised as of July 1, 2020 (Guidelines Establishing Test Procedures for the Analysis of Pollutants, including Appendices A, B, C, and D); (3-24-22)x. 40 CFR Part 401 , revised as of July 1, 2020 (General Provisions); (3-24-22)y.40 CFR 403.1 through 40 CFR 403.3; 40 CFR 403.5 through 40 CFR 403.18, revised as of July 1, 2020 (General Pretreatment Regulations for Existing and New Sources of Pollution, including Appendices D, E, and G); (3-24-22)z.40 CFR Part 405 through 40 CFR Part 471 , revised as of July 1, 2020 (Effluent Limitations and Guidelines); and (3-24-22)aa.40 CFR 503.2 through 40 CFR 503.48, revised as of July 1, 2020 (Sewage Sludge, including Appendices A and B). (3-24-22)bb. The term "Waters of the United States or waters of the U.S.," as defined in 40 CFR 122.2, revised as of June 22, 2020, by 85 Federal Register 22250-22342 (April 21, 2020), unless said revision is stayed, overturned or invalidated by a court of law or withdrawn by EPA, in which case the Department incorporates by reference the term "Waters of the United States or waters of the U.S." as defined in 40 CFR 122.2, revised as of December 23, 2019. (3-24-22)03.Term Interpretation. For the federal regulations incorporated by reference into these rules, unless the context in which a term is used clearly requires a different meaning, terms in this section have the following meanings: (3-24-22) a. The term Administrator or Regional Administrator means the EPA Region 10 Administrator; (3-24-22)b. The term Control Authority means the POTW for a facility with a Department-approved pretreatment program and the Department for a POTW without a Department-approved pretreatment program; (3-24-22)c. The term Director or State Director means the Director of the Department of Environmental Quality with an NPDES permit program approved pursuant to section 402(b) of the Clean Water Act; (3-24-22)d. The term National Pollutant Discharge Elimination System (NPDES) means the Idaho Pollutant Discharge Elimination System (IPDES); (3-24-22)e. The term Permitting Authority (also preceded by the terms NPDES or State) means the Idaho Department of Environmental Quality with an NPDES permit program approved pursuant to section 402(b) of the Clean Water Act. (3-24-22)Idaho Admin. Code r. 58.01.25.003