Water Quality: Docket No. 58-0102-1801 - Negotiated Rulemaking
Rulemaking initiated to update Idaho’s human health criteria for arsenic.
Status of Rulemaking
Negotiated rulemaking meeting November 5, 2020, to be held via telephone and video conferencing.
- Rulemaking Schedule (revised June 21, 2018)
|Board of Environmental Quality Meeting/Updates on Negotiated Rulemaking|
Rulemaking Documents Required by Idaho Administrative Procedure Act
This rulemaking has been initiated to update Idaho’s human health criteria for arsenic.
In May 2016, EPA entered into a consent decree with Northwest Environmental Advocates to reconsider EPA’s 2010 approval of Idaho’s human health criteria for arsenic. In September 2016, EPA disapproved Idaho’s human health criteria of 10 µg/L arsenic for both consumption of fish only and consumption of fish & water. The consent decree requires that EPA propose new human health criteria for arsenic by November 15, 2018, and that EPA either approve Idaho’s submittal of revised human health criteria for arsenic or promulgate federal criteria by July 15, 2019. In June 2018, EPA requested the court modify the dates in the 2016 consent decree. The court granted the request. The new dates are November 15, 2022, for EPA to propose and November 15, 2023, for EPA to finalize federal criteria for Idaho in absence of EPA approval of a criterion adopted by Idaho. This rulemaking will enable Idaho to adopt human health criteria for arsenic under state rulemaking and may prevent federal promulgation of criteria for Idaho by EPA.
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. DEQ will explore the use of updated arsenic toxicity information and bioaccumulation factors to derive human health criteria for consumption of fish only and consumption of fish & water using Idaho specific inputs for cancer risk factor and fish consumption rates. In addition, DEQ will collect ambient water quality data to determine background concentrations of arsenic in Idaho waters and potential feasibility of achieving ambient water quality criteria derived for arsenic. Idahoans that recreate in, drink from, 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 fall of 2022 and then present the final proposal to the Idaho Board of Environmental Quality (Board) in November 2022 for adoption of a pending rule. If adopted by the Board, the rule will be reviewed by the 2023 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 at here.
Method of Participation/Negotiated Rulemaking
Those interested in participating in the negotiated rulemaking process are encouraged to attend the scheduled meeting via telephone and video conferencing. Individuals interested in participating should contact Paula Wilson. For those who cannot participate by attending the meeting, written public comment opportunities will be made available throughout the rulemaking process. Any additional meetings will be posted below. To sign up for email notifications, contact Paula Wilson.
MEETING SET FOR PUBLIC PARTICIPATION VIA TELEPHONE AND VIDEO CONFERENCING
November 5, 2020, 9 a.m. to 12:30 p.m. MST
|Contact Paula Wilson to sign up for participation by telephone and video conferencing.|
In an effort to reduce and slow coronavirus spread, DEQ will hold this meeting via telephone and video conferencing. Language translators will be made available upon request. Requests must be made no later than five (5) days prior to the meeting date. For arrangements, contact Paula Wilson.
July 15, 2020 - Agenda | Participant List
April 15, 2020 - Amended Agenda | Participant List
November 20, 2019 - Agenda | Sign-in Sheets
July 23, 2019 - Agenda | Sign-in Sheets
June 27, 2018 - Agenda | Sign-in Sheets
May 23, 2018 - Agenda | Sign-in Sheets
April 19, 2018 - Agenda | Sign-in Sheets
Submit all written comments by mail, fax or email to:
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481, firstname.lastname@example.org
Rule Documents and Meeting Presentations
|Rule Documents and Meeting Presentations||Date Posted||Date of Meeting Discussion||Written Comment Deadline|
|Update to Human Health Criteria for Arsenic – DEQ PowerPoint Presentation June 27, 2018||06/27/18||06/27/18||08/01/18|
|Update to Human Health Criteria for Arsenic – DEQ PowerPoint Presentation May 23, 2018||05/23/18||05/23/18||06/06/18|
A preliminary draft rule has not been posted. Meetings have been scheduled for presenting information on arsenic toxicity, exposure factors, options for deriving criteria, and setting a path forward.
Written Public Comments
|Comment||Submitted By||Date Received|
|Comment on 7/15/20 meeting presentation||9/18/20|
|Comment on 7/15/20 meeting presentation and appendices||Appendices||8/21/20|
|Comment on 7/15/20 meeting presentation||8/12/20|
|Comment on 4/15/20 meeting presentation||Association of Idaho Cities (AIC)||4/30/20|
|Comment on 4/15/20 meeting presentation||JR Simplot Company||4/30/20|
|Comment on 2019 Arsenic Accumulation in Fish Tissue: Preliminary Monitoring Results||J.R. Simplot Company||4/10/20|
|Comment on 11/20/19 meeting presentation||J.R. Simplot Company||12/6/19|
|Comment on 7/23/19 meeting presentation||U.S EPA Region 10||8/2/19|
|Comment on 7/23/19 meeting presentation||Association of Idaho Cities (AIC)||8/1/19|
|Comment on 7/23/19 meeting presentation||J.R. Simplot Company||7/31/19|
|Comment||J.R. Simplot Company||7/16/19|
|Comment on 6/27/18 meeting presentation||J.R. Simplot Company||08/01/18|
|Comment on 6/27/18 meeting presentation||Idaho Association of Commerce & Industry (IACI)||08/01/18|
|Comment on 6/27/18 meeting presentation||Idaho Mining Association (IMA)||08/01/18|
|Comment on 6/27/18 meeting presentation||Association of Idaho Cities (AIC)||08/03/18|
|Comment on 05/23/18 meeting presentation||J.R. Simplot Company||06/06/18|
|Comment on 05/23/18 meeting presentation||Association of Idaho Cities (AIC)||06/07/18|
|Comment on 05/23/18 meeting presentation||Idaho Conservation League (ICL)||06/07/18|
|Comment on 04/19/18 meeting presentation||Idaho Association of Commerce & Industry (IACI)||04/30/18|
|Comment on 04/19/18 meeting presentation||City of Meridian||04/30/18|
|Comment on 04/19/18 meeting presentation||J.R. Simplot Company||04/30/18|
|Comment on 04/19/18 meeting presentation||Idaho Mining Association (IMA)||04/30/18|
|Comment on 04/19/18 meeting presentation||Association of Idaho Cities (AIC)||04/30/18|
|Comment on 04/19/18 meeting presentation||Clearwater Paper||04/30/18|