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News / Northwest

Idaho wants to regulate water pollution

State seeks approval to shift control from the federal government

By KEITH RIDLER, Associated Press
Published: August 31, 2016, 8:46pm

BOISE, Idaho — Idaho wants to take over regulating pollution in the state’s lakes and rivers from the federal government.

The Idaho Department of Environmental Quality on Wednesday submitted an application to the U.S. Environmental Protection Agency to shift control of permitting and enforcement aspects under the federal Clean Water Act to the state.

“It’s a pretty big day for us,” said Barry Burnell, administrator for the Idaho Department of Environmental Quality’s Water Quality Division.

Idaho is one of only four states where federal authorities manage pollution discharge into surface waters, the others being New Mexico, New Hampshire and Massachusetts. Officials said a state-run program will have more local experts better acquainted with Idaho making decisions.

If the authorization process moves forward as expected, the Idaho Pollutant Discharge Elimination System in the summer of 2018 will phase in responsibility for issuing pollution discharge permits to cities, industrial businesses, mining operators, animal feedlots and others.

“This is a priority for the state because it allows the state to be in charge of its own destiny,” said Mary Anne Nelson, the system’s program manager. “We cannot make our permits less stringent than the federal government, but we can be clearer and faster.”

State officials will manage the program but federal authorities will be looking over their shoulder.

“While EPA delegates authority to implement the program, we retain both oversight authority and responsibility over the program,” the EPA said in a statement to The Associated Press on Wednesday.

Idaho lawmakers in 2014 directed the state Department of Environmental Quality to seek authorization for a state-run program. A public process called rulemaking followed, culminating with the application on Wednesday.

The six-part application posted on the state agency’s website includes a letter from Gov. C.L. “Butch” Otter requesting approval, a 325-page program description, an 80-page memorandum of agreement between Idaho and the EPA, and a statement from the Idaho Attorney General’s Office certifying that Idaho’s laws provide the authority to carry out the program.

The added duties mean the state will have to more than double the number of workers in the program to have the equivalent of 29 full-time positions at a projected cost of $3 million annually.

The funding will have to be approved by state lawmakers.

“We expect the State to provide IDEQ with the resources and people they need to run a strong, protective program,” the EPA said.

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