Current through September 2, 2024
Section 58.01.25.003 - INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS01.Incorporation by Reference.a.40 CFR 122.21(r), revised as of July 1, 2023 (Application Requirements for Facilities with Cooling Water Intake Structures);b.40 CFR 122.23, revised as of July 1, 2023 (Concentrated Animal Feeding Operations);c.40 CFR 122.24, revised as of July 1, 2023 (Concentrated Aquatic Animal Production Facilities);d.40 CFR 122.25, revised as of July 1, 2023 (Aquaculture Projects);e.40 CFR 122.26(a) through (b) and 40 CFR 122.26(e) through (g), revised as of July 1, 2023 (Storm Water Discharges);f.40 CFR 122.27, revised as of July 1, 2023 (Silvicultural Activities);g.40 CFR 122.29(d), revised as of July 1, 2023 (Effect of Compliance with New Source Performance Standards);h.40 CFR 122.30 and 40 CFR 122.32 through 40 CFR 122.37, revised as of July 1, 2023 (Requirements and Guidance for Small Municipal Separate Storm Sewer Systems);i.40 CFR 122.42(e), revised as of July 1, 2023 (Additional Conditions Applicable to NPDES Permits for Concentrated Animal Feeding Operations);j. Appendix A to 40 CFR 122, revised as of July 1, 2023 (NPDES Primary Industry Categories);k. Appendix C to 40 CFR 122, revised as of July 1, 2023 (Criteria for Determining a Concentrated Aquatic Animal Production Facility);l. Appendix D to 40 CFR 122, revised as of July 1, 2023 (NPDES Permit Application Testing Requirements);m. Appendix J to 40 CFR 122, revised as of July 1, 2023 (NPDES Permit Testing Requirements for Publicly Owned Treatment Works);n.40 CFR 125.1 through 40 CFR 125.3 (Subpart A), revised as of July 1, 2023 (Criteria and Standards for Imposing Technology-Based Treatment Requirements Under Sections 301(b) and 402 of the Clean Water Act);o.40 CFR 125.10 through 40 CFR 125.11 (Subpart B), revised as of July 1, 2023 (Criteria for Issuance of Permits to Aquaculture Projects);p.40 CFR 125.30 through 40 CFR 125.32 (Subpart D), revised as of July 1, 2023 (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);q.40 CFR 125.70 through 40 CFR 125.73 (Subpart H), revised as of July 1, 2023 (Criteria for Determining Alternative Effluent Limitations Under Section 316(a) of the Clean Water Act);r.40 CFR 125.80 through 40 CFR 125.89 (Subpart I), revised as of July 1, 2023 (Requirements Applicable to Cooling Water Intake Structures for New Facilities Under Section 316(b) of the Clean Water Act);s.40 CFR 125.90 through 40 CFR 125.99 (Subpart J), revised as of July 1, 2023 (Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities Under Section 316(b) of the Clean Water Act);t.40 CFR 127.11 through 40 CFR 127.16 (Subpart B), revised as of July 1, 2023 (Electronic Reporting of NPDES Information from NPDES-Regulated Facilities);u.40 CFR 129.1 through 40 CFR 129.105 (Subpart A), revised as of July 1, 2023 (Toxic Pollutant Effluent Standards and Prohibitions);v.40 CFR 133.100 through 40 CFR 133.105, revised as of July 1, 2023 (Secondary Treatment Regulation);w. 40 CFR Part 136, revised as of July 1, 2023 (Guidelines Establishing Test Procedures for the Analysis of Pollutants, including Appendices A, B, C, and D);x. 40 CFR Part 401, revised as of July 1, 2023 (General Provisions);y.40 CFR 403.1 through 40 CFR 403.3; 40 CFR 403.5 through 40 CFR 403.18, revised as of July 1, 2023 (General Pretreatment Regulations for Existing and New Sources of Pollution, including Appendices D, E, and G);z. 40 CFR Part 405 through 40 CFR Part 471, revised as of July 1, 2023 (Effluent Limitations and Guidelines); andaa.40 CFR 503.2 through 40 CFR 503.48, revised as of July 1, 2023 (Sewage Sludge, including Appendices A and B).bb. The term "Waters of the United States or waters of the U.S.," as defined in 84 Federal Register 56626, 56669, October 22, 2019 (effective December 23, 2019).02.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 mean: a. Administrator or Regional Administrator means the EPA Region 10 Administrator;b. Approval Authority means the Department of Environmental Quality;c. Approved POTW Pretreatment Program or Program or POTW Pretreatment Program means a program administered by a POTW that meets the criteria established in 40 CFR 403.8 and 403.9, and has been approved by the Department in accordance with 40 CFR 403.1;d. 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;e. Director, State Director, or State Program Director, means the Director of the Department of Environmental Quality with an NPDES permit program approved pursuant to CWA Section 402(b);f. National Pollutant Discharge Elimination System (NPDES) means the Idaho Pollutant Discharge Elimination System (IPDES);g. National Pretreatment Standard, Pretreatment Standard, or Standard means a regulation containing pollutant discharge limits promulgated by the EPA in accordance with CWA Sections 307 (b) and (c), which applies to Industrial Users. This term includes prohibited discharge limits established under 40 CFR 403.5 or following procedures outlined in 40 CFR 403.8;h. Permitting Authority (preceded by NPDES or State) means the Department of Environmental Quality with an NPDES permit program approved pursuant to CWA Section 402(b); andi. Water Management Division Director means a Director of the Water Management Division within the US Environmental Protection Agency Region 10 office or this person's delegated representative.Idaho Admin. Code r. 58.01.25.003