Protecting Public Health and the Environment.

Water Quality: Docket No. 58-0102-1703 - Negotiated Rulemaking

Rulemaking initiated to designate domestic water supply as a beneficial use in water bodies where the Safe Drinking Water Information System indicates an active surface water intake and where domestic water supply is not currently designated.

Meetings | Public Comment Opportunities | Documents

Status of Rulemaking

No additional meetings are scheduled. Proposed rule open for public comment August 1 through 31, 2018.

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

This rule making has been initiated to designate domestic water supply as a beneficial use in water bodies where the Safe Drinking Water Information System indicates an active surface water intake and where domestic water supply is not currently designated.

In Sections 110 through 140, Domestic Water Supply (DWS) designations will be added to the “Other” column for twelve water body units where DWS is an existing use. Subsection 100.03.a. will be revised to clarify that the domestic water supply use is intended to protect water quality appropriate for drinking water supplies after treatment. In addition, Subsection 252.01 will be revised by deleting Subsections 252.01.a and b. Subsection 252.01.a. is unnecessary as it is redundant with the Idaho Rules for Public Drinking Water Systems, IDAPA 58.01.08 (Drinking Water Rules). Protection of surface waters from radioactivity is achieved with the narrative criteria in the Water Quality Standards, IDAPA 58.01.02.200.04. Subsection 252.01.b. will be deleted because all public drinking water systems, regardless of size, are required to meet turbidity standards as part of the Drinking Water Rules. It is not necessary to include the surface water standard for turbidity in the Water Quality Standards.

The text of the rule will be drafted by DEQ in conjunction with a negotiating committee made up of persons having an interest in the development of this rule. Idahoans that recreate in Idaho’s surface waters, drink from public drinking water systems that use Idaho’s surface waters, or fish Idaho’s surface waters; and all who discharge pollutants to those same waters may be interested in participating in this rulemaking.

Upon conclusion of negotiations, DEQ intends to publish a proposed rule for public comment in the spring of 2018 and then present the final proposal to the Idaho Board of Environmental Quality (Board) in the fall of 2018 for adoption of a pending rule. If adopted by the Board, the rule will be reviewed by the 2019 Idaho Legislature.

Effective for Clean Water Act Purposes

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. This rulemaking will be promulgated so that the existing rule, which continues to be effective for CWA purposes, remains in the Idaho Administrative Code until EPA approves the rule revisions. Notations explaining the effectiveness of the rule sections are also included. Upon EPA approval, the revised rule will become effective for CWA purposes and the previous rule and notations will be deleted from the Idaho Administrative Code. Information regarding the status of EPA review will be posted here.

Method of Participation/Negotiated Rulemaking

Those interested in participating in the negotiated rulemaking process are encouraged to attend the meeting at one of the following locations. Additional meetings will be scheduled if necessary. The public may participate by telephone and web conferencing at any of the meeting locations or with individual connections. Individuals interested in participating by telephone and web conferencing should contact Paula Wilson by the date provided in the table below. For those who cannot participate by attending the meeting, written comments may be submitted to Paula Wilson by email or fax to (208) 373-0481.

Negotiated Rulemaking Meeting Schedule

No additional meetings are scheduled.

Previous Meetings

April 24, 2018 - Agenda |  Sign-in Sheets

December 19, 2017 - Agenda | Sign-in Sheets

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

Draft Negotiated Rule and Related Documents

Draft Negotiated Rule

Date Posted

Date of Meeting Discussion

Written Comment Deadline

Draft No. 3

 

 

 

 

 

 

 

 

 

07/03/18

N/A DEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the August 1, 2018, issue of the Idaho Administrative Bulletin. The proposed rule comment deadline is August 31, 2018.

Draft No. 2

Designation of Domestic Water Supply Discussion Paper

Designation of Domestic Water Supply - DEQ PowerPoint Presentation

 04/16/18

 


04/26/18

04/24/18 05/11/18

Preliminary Draft (Draft No. 1)

Designation of Domestic Water Supply – DEQ PowerPoint Presentation

12/05/17


12/21/17

12/19/17 01/19/18

Written Public Comments

Comment Submitted By Date Received
Comment on Draft No. 2 John Sherman 04/18/18
Comment on Draft No. 2 Southwest Idaho Basin Advisory Group 04/19/18
Comment on Draft No. 2 Thompson Creek Mining Company 05/01/18
Comment on Draft No. 2 U.S. EPA Region 10 05/07/18
Comment on Draft No. 2 City of Meridian 05/09/18
Comment on Draft No. 2 Idaho Conservation League 05/09/18
Comment on Draft No. 2 Riley Stegner and Associates on behalf of Stimson Lumber Company, Hancock Forest Management, and Molpus Woodlands Group 05/11/18
Comment on Draft No. 2 Idaho Department of Lands 05/11/18
Comment on Draft No. 2 PotlatchDeltic 05/11/18
Comment on Draft No. 2 Clearwater Basin Advisory Group 05/31/18
Comment on Draft No. 1 Idaho Conservation League 12/15/17
Comment on Draft No. 1 Idaho Conservation League 01/05/18
Comment on Draft No. 1 Steve Tanner 01/15/18
Comment on Draft No. 1 U.S. EPA Region 10 01/18/18
Comment on Draft No. 1 Richard Rogers 01/19/18
Comment on Draft No. 1 Suez 01/22/18

Documents Distributed for Negotiated Rulemaking

Document Date Posted
Rulemaking Schedule 12/05/17

 


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Staff Contacts

Water Quality Standards Lead
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