Rulemaking initiated to revise three site-specific aquatic life criteria for selenium.
Status of Rulemaking
No further negotiated meetings are scheduled. Next comment period will commence upon publication of the proposed rule in the September 2, 2026 Idaho Administrative Bulletin.
Overview
In 2019, DEQ submitted to EPA for review criteria regarding selenium in Idaho that included site specific values for certain creeks and drainages in Southeast Idaho. EPA disapproved a subset of those criteria values based on a lack of data. J.R. Simplot Company had originally conducted the work and proposed values for these creeks, and in the 5 years since the disapproval has collected supplemental data to support updating those site-specific values. Additionally, updated data regarding conversion from whole body tissue selenium concentrations to water column concentrations for two waterbodies in Southeast Idaho is being proposed. Administrative updates will also be included in this rulemaking.
Meeting Details
Method for Participating and Submitting Comments
Those interested in participating in the negotiated rulemaking process are encouraged to attend the scheduled meeting.
For those who cannot participate by attending the meeting, public comment opportunities will be made available throughout the rulemaking process.
Submit all written comments to:
Beth Spelsberg
Idaho Department of Environmental Quality
1410 N. Hilton
Boise, ID 83706
Elizabeth.Spelsberg@deq.idaho.gov
Proposed Rule
Information pending.
Negotiated Rule Documents and Meeting Presentations
| Negotiated Rule Documents and Meeting Presentations | Date of Meeting | Written Comment Deadline |
|---|---|---|
| Negotiated Rule Draft No. 3 In Section 287.04, ‘and tributaries’ and ‘muscle’ have been removed from the rule. This was new language added to, and then removed from the rule based on public comments. No other changes were made to Draft 3. | NA | |
| Meeting No. 2 Presentation | 05/12/2026 | |
| Negotiated Rule Draft No. 2 Changes since Draft No. 1 will be highlighted in yellow | 05/12/2026 | 05/19/2026 |
| Meeting No. 1 Presentation | 04/08/2026 | |
| Negotiated Rule Draft No. 1 | 04/08/2026 | 04/15/2026 |
Public Comment
| Comment | Submitted by | Date Received |
|---|---|---|
| Negotiated Rule Draft 1 | EPA Region 10 | 04/14/2026 |
Legislative Rule Review
Information pending.
Meeting of the Idaho Board of Environmental Quality
Information pending.
Rulemaking Documents Required by Idaho Administrative Procedures Act
Additional Information
Information pending.