View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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