July 11, 2018 Comments of the Idaho Power Company on Idaho DEQ’s §401 Certification of EPA Region 10’s Proposed Hydropower General Permit Sent Via Email to:
[email protected] Barry Burnell Water Quality Division Administrator Idaho Department of Environmental Quality 1410 N. Hilton Boise, ID 83706 Dear Mr. Burnell: Idaho Power Company (IPC) appreciates the opportunity to provide comments on the Idaho § 401 Water Quality Certification issued for the EPA Region 10 General Permit for Hydroelectric Facilities in Idaho. IPC submits the following comments for your consideration. IPC believes that Idaho Department of Environmental Quality (IDEQ), and not EPA, should be the agency responsible for drafting a general permit for hydroelectric facilities located in Idaho. As you are well aware, on July 1, 2018, Idaho achieved primacy concerning IPDES rules governing individual permits. By the year 2020 Idaho DEQ will begin implementation of general permits in Idaho. During its development of the rules governing the IPDES, IDEQ worked closely in a rulemaking with EPA and potentially affected stakeholders to develop the same. It is anticipated that IDEQ would undertake the same collaborative process in order to develop and implement such a permit. Conversely, EPA Region 10 has developed its Hydropower General Permit without soliciting information before submitting it to potentially affected stakeholders for comment. Idaho Power, in comments submitted today, urges EPA Region 10 to halt its efforts to implement the Region 10 Hydropower General Permit, and allow the state of Idaho, once it has primacy concerning general permits, to develop its own hydropower general permit through collaborative rulemaking should the state believe that such a permit is appropriate.