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Triennial Review

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Water Quality Division

Don Essig

(208) 373-0119


Surface Water Quality Standards,

Triennial Review: Idaho History

 

The Clean Water Act requires that states "shall from time to time (but at least once each three year period beginning with October 18,1972) hold public hearings for the purpose of reviewing applicable water quality standards and, as appropriate, modifying and adopting standards." In addition, EPA's Water Quality Standards Handbook encourages states to actively involve the public in the triennial review process. In Idaho, each new rulemaking to develop surface water quality standards or modify an existing surface water quality standard is part of its triennial review. The public review associated with rulemakings constitutes the public review required by the Clean Water Act. Idaho's rulemaking process has a number of opportunities for public participation, often in the form of negotiated rulemaking, a public hearing and comment period, Idaho Board of Environmental Quality adoption, and legislative review.

The regulatory framework described above has provided the foundation for the several triennial review processes that have occurred to date in Idaho. Administrative Bulletin notices demonstrate DEQ's previous triennial review periods, which include 1992-1994 (notice in 1993 bulletin with changes becoming final in 1994), 1995-1997 (notice in 1995 bulletin with changes proposed in 1996), 1998-2000 (notice in 1997 bulletin of upcoming negotiated rulemaking, which spanned almost two years), and 2001-2003 (notice in 2002 bulletin of annual updates to standards as part of triennial review). Brief descriptions of these review processes are below.

 
 Previous Triennial Reviews in Idaho
1993 In the state's Administrative Bulletin, DEQ provided notice of proposed changes to the water quality standards, including the addition of toxics criteria; an update of the anitdegradation policy, ammonia criteria, sediment criteria; an update to the mixing zone policy, and more. Public hearings on the proposed changes were held throughout the state. The bulletin noted that this rulemaking was the completion of the current triennial review.
1995 In the state's Administrative Bulletin dated November 1, 1995, DEQ stated in a notice of negotiated rulemaking that several changes needed to be made to the water quality standards in light of the Legislature passing Senate Bill 1284 dealing with total maximum daily loads. The notice indicated that the proposed rule was a part of the state's triennial review process. Hearings on the proposed rule were held statewide.
1997 In the state's Administrative Bulletin dated December 3, 1997, DEQ provided notice of a negotiated rulemaking to address a number of changes to the water quality standards. DEQ stated that a proposed rule would be developed in conjunction with an advisory committee made up of interested parties. The notice further advised that the rulemaking was a part of the state's 1998-2000 triennial review. The rule that developed from the negotiated rulemaking process took almost two years and resulted in a great many changes to the water quality standards. Notice for public comment on the proposed rule was published in the June 2, 1999, Administrative Bulletin. Hearings on the proposed rule were held statewide.
2002 In the state's Administrative Bulletin dated August 7, 2002, DEQ stated, "The Clean Water Act requires that from time to time, but at least every three years, the State shall seek public participation and hold a public hearing for the purpose of reviewing applicable water quality standards including use designations, and as appropriate modifying and adopting standards. In lieu of only conducting reviews every third year, the DEQ generally conducts ongoing reviews and annually seeks comment on proposed updates to the lists of beneficial uses designated for protection in different water bodies."
 



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