Water Quality: Docket No. 58-0102-1702 - Pending Rule
Rulemaking initiated for administrative purposes and to revise Subsection 210.01, Criteria for Toxic Substances, by streamlining and reorganizing the table that contains criteria for protection of aquatic life and human health.
Status of Rulemaking
Pending rule adopted by Board on November 16, 2017. Final and effective upon adjournment of 2018 legislative session if approved by the Idaho Legislature.
|November 2017 Board of Environmental Quality Meeting|
Rulemaking Documents Required by Idaho Administrative Procedure Act
This rulemaking has been initiated for administrative purposes and to revise Subsection 210.01, Criteria for Toxic Substances, by streamlining and reorganizing the table that contains criteria for protection of aquatic life and human health.
Water quality standards adopted and submitted to EPA since May 30, 2000, are not effective for federal Clean Water Act (CWA) purposes until EPA approves them (see 40 CFR 131.21). This is known as the Alaska Rule. DEQ proposes to add a new rule section setting out a rulemaking process which would retain the existing rule that continues to be effective for CWA purposes until EPA approves the rule revisions. Using this rulemaking process will allow the regulated community to stay informed of the status of rules effective for CWA purposes.
In addition, the proposal will clean up the water quality standards by deleting obsolete language in two definitions and by deleting Subsection 401.03. Subsection 401.03 is no longer necessary because total chlorine residual was adopted into Section 210 during previous rulemaking.
Streamlining Subsection 210.01, Criteria for Toxic Substances
The table in Subsection 210.01, Criteria for Toxic Substances, contains criteria for protection of aquatic life and human health. DEQ proposes to simplify and streamline the existing table by moving the information into two separate tables. One table will contain the criteria for protection of aquatic life and one table will contain the criteria for protection of human health. As part of this process, the existing table will be deleted.
By drafting two separate tables, Subsection 210.01 will become more manageable and easier to follow. The existing table contains approximately 100 rows for which there are no aquatic life criteria. By moving the criteria for aquatic life into a separate table, the aquatic life criteria table will become much shorter. In addition, the compounds listed in both tables will be arranged alphabetically.
The proposed revisions are for organizational purposes only and are not substantive. Even though the existing table is struck out and the information contained in the two tables is underlined, this is simply a duplication of information that currently exists in the water quality standards. All criteria values remain the same.
After consideration of public comments, Sections 007 and 210 have been revised. The remainder of the rule has been adopted as initially proposed. The rule is expected to be final and effective upon the conclusion of the 2018 legislative session if approved by the Legislature.
Public Comment Opportunities
Submit all written comments by mail, fax or e-mail to:
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481, email@example.com
September 1, 2017
No public hearings were requested or held.
Written Public Comments
|Submitted By||Date Received|
|Idaho Association of Commerce & Industry (IACI)||08/31/17|
|Idaho Mining Association (IMA)||09/01/17|
|J.R. Simplot Company||09/01/17|
|Joan Hobbs, Mountain Home||09/12/17|
Negotiated rulemaking was not conducted. DEQ determined that negotiated rulemaking is not feasible due to the simple nature of this rulemaking. The proposed revisions are for administrative and organizational purposes and are not substantive.