Protecting Public Health and the Environment.

Water Quality: Docket No. 58-0102-2001 Proposed Rule

Rulemaking initiated to (1) revise water quality criteria based on stakeholder comments from the 2018 rulemaking and the 2019 legislative session regarding the implementation of the bacteria criteria, and (2) delete obsolete rule language contained in Subsection 260.02 as it is no longer needed due to disapproval of the standard by EPA.

Status of Rulemaking

November 19, 2020 Board meeting: Presentation of rule package for adoption of a pending rule.

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

This rulemaking was initiated to (1) revise water quality criteria based on stakeholder comments from the 2018 rulemaking and the 2019 legislative session regarding the implementation of the bacteria criteria, and (2) delete obsolete rule language contained in Subsection 260.02 as it is no longer needed due to disapproval of the standard by EPA.

Address Concerns Regarding Implementation of Bacteria Criteria

During 2019 legislative review of pending rule docket 58-0102-1802, stakeholders raised concerns regarding the implementation of Idaho bacteria criteria as presented in the pending rule. On March 18, 2019, the House adopted House Concurrent Resolution No. 23 (HCR23) to reject Subsection 251.02, adopted as a pending rule under Docket No. 58-0102-1802. On March 19 2019, HCR23 was introduced in the Senate and referred to the Senate Health & Welfare Committee. HCR23 was not reported out of committee; the pending rule docket became final and effective on April 11, 2019. This rulemaking seeks to revise Idaho Water Quality Standards to address the stakeholders’ unresolved concerns.

DEQ conducted another series of negotiations to better understand the stakeholder concerns regarding the recommended and subsequently proposed criteria. During these negotiations, DEQ agreed to include several provisions to help clarify the intent of the criteria and implementation of the criteria. DEQ has worked closely with the stakeholder groups who initially brought up the concerns and, due to their involvement in helping draft the proposed language, believes that the proposed language addresses their concerns. Specifically, language was included to address concerns regarding implementation of the statistical threshold value, increasing the time period used in calculating geometric mean values, and including a recommendation for public swimming beaches.

Delete Obsolete Rule Language

DEQ proposes to delete Subsection 260.02 including footnotes. Subsection 260.02, Variances from Water Quality Standards, Specific Variances, was adopted by the Idaho Board of Environmental Quality in 2000 and approved by the Idaho Legislature in 2001 (Docket No. 58-0102-0002). On May 29, 2003, DEQ submitted the final rule to EPA. On May 7, 2010, EPA disapproved the variance; therefore, Subsection 260.02 is not effective for Clean Water Act purposes and has been identified for deletion.

Negotiated Rulemaking Meeting Schedule

No meeting scheduled.

Previous Meetings

June 11, 2020 - Agenda | Participant List
May 7, 2020 - Agenda | Participant List

Public Comment Opportunities

Submit all written comments by mail, fax or email to:

Paula Wilson 
Idaho Department of Environmental Quality 
1410 N. Hilton, Boise, ID 83706 
Fax: (208) 373-0481, paula.wilson@deq.idaho.gov

Rule Documents and Meeting Presentations Date Posted Date of Meeting Discussion Written Comment Deadline
Notice of Rulemaking - Proposed Rule 9/02/20 NA

10/02/20

Negotiated Draft Rule No. 3 8/24/20 NA

This draft includes revisions based on review by the Division of Financial Management for compliance with Executive Order No. 2020-01, Zero-Based Regulation, and has been formatted for publication as a proposed rule.

Negotiated Draft Rule No. 2 7/24/20 NA

DEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the Idaho Administrative Bulletin on September 2, 2020.

Proposed rule comment deadline October 2, 2020.
Revision of Idaho Bacteria Criteria – DEQ PowerPoint Presentation June 11, 2020  6/12/20  6/11/20  6/23/20
Preliminary Draft Rule (Draft No. 1) 6/8/20 6/11/20 6/23/20
Revision of Bacteria Criteria – DEQ PowerPoint Presentation May 7, 2020 5/11/20 5/7/20 5/18/20
 DEQ did not draft a preliminary draft rule for public review prior to the first meeting. The first meeting has been scheduled for the purpose of discussing stakeholder concerns regarding the implementation of the bacteria criteria, gathering information, and setting a path forward.      

 

Written Public Comments
Comment Submitted By Date Received
Comment on Proposed Rule Association of Idaho Cities (AIC) 10/01/20
Comment on Proposed Rule U.S. EPA Region 10 09/29/20
Comment on Preliminary Draft Rule (Draft No. 1) Idaho Ground Water Appropriators (IGWA) 6/24/20
Comment on Preliminary Draft Rule (Draft No. 1) Association of Idaho Cities (AIC) 6/23/20
Comment on Preliminary Draft Rule (Draft No. 1) U.S. EPA Region 10 6/22/20
Comment on 5/7/20 meeting presentation U.S. Geological Survey (USGS) 5/18/20
Comment on 5/7/20 meeting presentation U.S. EPA Region 10 5/15/20
Comment on 5/7/20 meeting presentation Association of Idaho Cities (AIC) 5/13/20

Staff Contacts

Surface Water Bureau Chief
Jason Pappani
DEQ State Office
Water Quality Division
1410 N. Hilton
Boise, ID 83706
(208) 373-0515
jason.pappani@deq.idaho.gov

Administrative Rules Coordinator
Paula Wilson
DEQ State Office
Attorney General's Office
1410 N. Hilton
Boise, ID 83706
(208) 373-0418
paula.wilson@deq.idaho.gov