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H0176.................................by ENVIRONMENT, ENERGY AND TECHNOLOGY POLLUTANT DISCHARGE ELIMINATION SYSTEM - Adds to existing law to provide a process for approval of a state National Pollutant Discharge Elimination System (NPDES). 02/11 House intro - 1st rdg - to printing 02/14 Rpt prt - to Env 02/17 Rpt out - rec d/p - to 2nd rdg 02/18 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 69-0-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Field(18) Floor Sponsors - Barraclough & Smith(30) Title apvd - to Senate 02/23 Senate intro - 1st rdg - to Health/Wel 03/03 Rpt out - rec d/p - to 2nd rdg 03/04 2nd rdg - to 3rd rdg 03/07 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk NAYS -- None Absent and excused -- Williams Floor Sponsors - Bunderson, Broadsword & President Pro Tempore Geddes Title apvd - to House 03/08 To enrol 03/09 Rpt enrol - Sp signed 03/10 Pres signed 03/11 To Governor 03/15 Governor signed Session Law Chapter 57 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 176 BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE 1 AN ACT 2 RELATING TO ENVIRONMENTAL QUALITY; AMENDING CHAPTER 1, TITLE 39, IDAHO CODE, 3 BY THE ADDITION OF NEW SECTIONS 39-175A, 39-175B AND 39-175C, IDAHO CODE, 4 TO STATE LEGISLATIVE FINDINGS AND PURPOSES, TO PROVIDE FOR THE RELATION- 5 SHIP BETWEEN STATE AND FEDERAL LAW, TO PROVIDE A PROCESS FOR APPROVAL OF 6 A STATE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 1, Title 39, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of NEW SECTIONS, to be known and desig- 10 nated as Sections 39-175A, 39-175B and 39-175C, Idaho Code, and to read as 11 follows: 12 39-175A. LEGISLATIVE FINDINGS AND PURPOSES. (1) The legislature finds: 13 (a) That navigable waters within the state are one of the state's most 14 valuable natural resources; 15 (b) That it is in the public interest to promote effective and efficient 16 regulation of the discharge of pollutants into navigable waters, and to 17 explore whether the state should control such permitting decisions as 18 authorized under the federal clean water act; 19 (c) That the clean water act allows a state to develop and implement, 20 with approval from the United States environmental protection agency, a 21 national pollutant discharge elimination system (NPDES) program to be 22 administered by the state; 23 (d) That the clean water act, as amended, and regulations adopted pursu- 24 ant thereto, establish complex and detailed provisions for regulation of 25 those who discharge pollutants into navigable waters; 26 (e) That a state program to implement permitting decisions as authorized 27 in the clean water act, and regulations adopted pursuant thereto may 28 enable the state to issue flexible permits consistent with the clean water 29 act and avoid the existence of duplicative, overlapping or conflicting 30 state and federal regulatory systems; 31 (f) That a state program must be run with a minimum of federal interfer- 32 ence in permitting, inspection and enforcement activities and that all 33 state permitting actions under the approved state program are to be state 34 actions and are not subject to consultation under the endangered species 35 act or analysis under the provisions of the national environmental policy 36 act. There should be no conditions of approval of the state program which 37 have the effect of undermining or circumventing this principle; 38 (g) That the decision to accept delegation of authority from the environ- 39 mental protection agency to operate an NPDES program has significant pub- 40 lic policy implications that should be made by the legislature. 41 (2) Therefore, it is the intent of the legislature to establish require- 42 ments that must be satisfied prior to legislative approval of a permitting 43 program that complies with the clean water act and which incorporates flexible 2 1 permitting procedures and rules to be promulgated by the board. 2 39-175B. RELATIONSHIP BETWEEN STATE AND FEDERAL LAW. The legislature can- 3 not conveniently or advantageously set forth in this chapter all the require- 4 ments of all of the regulations which have been or will be established under 5 the clean water act. However, any state permitting program must avoid the 6 existence of duplicative, overlapping or conflicting state and federal regula- 7 tory systems. Further, the board may promulgate rules to implement a state 8 permitting program but such rules shall not impose conditions or requirements 9 more stringent or broader in scope than the clean water act and regulations 10 adopted pursuant thereto. Further, the department will not require NPDES per- 11 mits for activities and sources not required to have permits by the United 12 States environmental protection agency. 13 39-175C. APPROVAL OF STATE NPDES PROGRAM. (1) The department is autho- 14 rized to explore whether the state should operate an NPDES program by evaluat- 15 ing the costs and benefits to the state, of such a program, consistent with 16 the requirements of this section. The department shall prepare a report to the 17 legislature as to its findings by December 31, 2005. 18 (2) The board is authorized to proceed with negotiated rulemaking and all 19 other actions that may eventually be necessary to obtain approval of a state 20 NPDES program by the United States environmental protection agency. 21 (3) The director shall not execute a memorandum of agreement with the 22 United States environmental protection agency to obtain NPDES program approval 23 as specified under section 402 of the clean water act and 40 CFR 123 until 24 completion of any required consultation and issuance of any final biological 25 opinion or biological assessment under the endangered species act. 26 (4) Any memorandum of agreement executed by the director to obtain 27 approval to operate a state NPDES program shall not be binding on the state of 28 Idaho unless authorized by enactment of a statute. Any memorandum of agree- 29 ment not authorized in the above manner shall be of no force and effect. 30 (5) Implementation of a state NPDES program shall not occur prior to 31 statutory enactment of implementing legislation and authorization of a memo- 32 randum of agreement as specified in subsection (4) of this section. 33 (6) No provision of this chapter shall be interpreted as to supersede, 34 abrogate, injure or create rights to divert or store water and apply water to 35 beneficial uses established under section 3, article XV, of the constitution 36 of the state of Idaho, and title 42, Idaho Code. 37 (7) Nothing in this section is intended to supersede any existing agree- 38 ments between federal, state or local agencies regarding authority over 39 inspections, enforcement or other obligations under the clean water act.
STATEMENT OF PURPOSE RS 14883 The purpose of this legislation is to provide direction to the Idaho Department of Environmental Quality to develop information necessary for the State Legislature to determine if the State of Idaho should seek primacy of the National Pollution Discharge Elimination System (NPDES) program from the United States Environmental Protection Agency (EPA). This amendment provides the framework for the Department to submit an NPDES primacy package to EPA. FISCAL NOTE This legislation does not require expenditure of additional state funds. Contact Name: Dick Rush, Idaho Association of Commerce and Industry Phone: 343-1849 Ken Harward Phone: 344-8594 Jane Gorsuch Phone: 342-3454 STATEMENT OF PURPOSE/FISCAL NOTE H 176