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City of Homedale Wastewater Treatment Plant

07/08/2014
Case Number:NPDES Appeal No. 13-10
ELR Citation:47 ELR 41374

Idaho Conservation League (“ICL”) petitioned the Environmental Appeals Board (“Board”) to review certain effluent limitations in a National Pollutant Discharge Elimination System permit issued to the City of Homedale, Idaho, authorizing discharges from its wastewater treatment plant to the Snake River. The U.S. Environmental Protection Agency, Region 10, issued the permit on August 28, 2013, pursuant to Clean Water Act § 402, 33 U.S.C. § 1342. ICL objected to the permit limits on discharges of “total phosphorus” (“TP”) on the ground that they were inconsistent with the assumptions and requirements of the wasteload allocation (“WLA”) assigned to the facility in the Total Maximum Daily Load (“TMDL”) for the Mid-Snake River that was developed by the State of Idaho and approved by EPA. ICL argued that the WLA should be interpreted and applied to require a daily maximum TP limit in the permit, rather than the monthly and weekly average discharge limits permitted by the Region.

Held: The Board found no clear error or abuse of discretion in the Region’s determinations that Homedale’s TP permit limits were consistent with the assumptions and requirements of the WLA provided for in the Mid-Snake River TMDL. The Board denied ICL’s petition for review.