2005 Legislation
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HOUSE BILL NO. 176 – Pollutant discharge eliminatn systm


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Bill Status

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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 176
  1                                        AN ACT
  3        BY  THE ADDITION OF NEW SECTIONS 39-175A, 39-175B AND 39-175C, IDAHO CODE,
  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
  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 / Fiscal Impact

                       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

Name:  Dick Rush, Idaho Association of Commerce and Industry 
Phone: 343-1849
       Ken Harward
Phone: 344-8594
       Jane Gorsuch
Phone: 342-3454