Water Quality: Docket No. 58-0102-1102 - Final Rule
Rulemaking initiated to modify the existing site specific temperature criterion for the Snake River to protect fall spawning of Chinook salmon from Hell’s Canyon Dam to the Salmon River.
Final Rule Package Submitted to EPA for Approval
Until EPA approves the revisions in this rule docket, the previous criterion published in 2005 Idaho Administrative Code continues to apply and are effective for Clean Water Act purposes.
The following documents were submitted in paper and electronic formats:
- Cover Letter Dated June 8, 2012
- May 4, 2011 Notice of Negotiated Rulemaking
- June 21, 2011 Negotiated Rulemaking Meeting Sign-In Sheet
- Idaho Power Proposal to Initiate Negotiated Rulemaking
- July 8, 2011 Notice of Proposed Rulemaking
- Response to Public Comments
- Idaho Power Presentation to the Idaho Board of Environmental Quality
- November 10, 2011 Notice of Pending Rule Adoption
- Attorney General Certification of Rules Adoption
- May 22, 2012 Status Update for Snake River Fall Chinook Salmon
Status of Rulemaking
Pending Rule adopted by Board and approved by Legislature. Final and effective 03/29/12.
- Notice of Negotiated Rulemaking
- Proposed Rule and Notice
- Public Comment Summary
- Final Proposal for Board Consideration
- November 2011 Board Meeting Agenda
- Notice of Adoption of Pending Rule
Effective Date
03/29/12
Overview
DEQ proposes to revise its Water Quality Standards, IDAPA 58.01.02, to modify the existing site-specific temperature criterion for the Snake River to protect fall spawning of Chinook salmon from Hell’s Canyon Dam to the Salmon River. This site-specific criterion would be a change from the current criterion of a maximum weekly maximum of 13°C from October 23rd through April 15th to a site-specific criterion of weekly maximum temperature (WMT) of 14.5°C from October 23rd through November 6th and a maximum WMT of 13°C from November 7th through April 15th. The first date a WMT can be calculated is October 29th.
The proposed rule change recognizes the declining thermal regime in the Snake River during the fall spawning season and that higher temperatures at the outset of the spawning season are both protective and supportive of the fall Chinook salmon spawning and incubation occurring in the Snake River during this time. This proposed rule change recognizes that a need to change the site-specific temperature criterion in the Snake River between the Hell’s Canyon Dam and the confluence with the Salmon River exists. The current site-specific criterion of 13°C between October 23rd and April 15th is not regularly met during the first 14 days of the fall spawning season and yet salmonid spawning and incubation are at the highest levels of the last two decades. The proposed rule changes the temperature criteria to 14.5°C for the first 14 days of the spawning period and then reduced to 13°C for the balance of the fall and early spring.
After consideration of public comments, the rule has been adopted as initially proposed.
Comment Period/Proposed Rule
August 3, 2011 through September 2, 2011
Public Comments/Proposed Rule
| Written Public Comments | Date Received | Submitted by |
| Comment on Proposed Rule | 08/30/11 | National Oceanic and Atmospheric Administration, National Marine Fisheries Service |
| Comment on Proposed Rule | 09/02/11 | U.S. EPA Region 10 |
| Comment on Proposed Rule | 09/02/11 | Barker Rosholt & Simpson LLP on behalf of Idaho Power Company |
| Comment on Proposed Rule | 09/08/11 | Nez Perce Tribe |
| Comment on Proposed Rule | 09/08/11 | Columbia River Inter-Tribal Fish Commission (CRITFC) |
| Comment on Proposed Rule | 09/09/11 | Idaho Rivers United |
Negotiated Rulemaking
The text of the proposed rule has been drafted based on discussions held and concerns raised during negotiations conducted pursuant to Idaho Code § 67-5220 and IDAPA 58.01.23.810-815. On June 1, 2011, the Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol. 11-6, pages 77 through 78, and a preliminary draft rule was made available for public review. A meeting was held on June 21, 2011. Several members of the public participated in this negotiated rulemaking process by attending the meeting and by submitting written comments. A record of the negotiated rule drafts, written comments received, and documents distributed during the negotiated rulemaking process is available below.
Draft Negotiated Rule
The draft negotiated rule can be obtained here or by contacting Paula Wilson at (208) 373-0418 or paula.wilson@deq.idaho.gov.
| Draft Negotiated Rule | Date Posted | Written Comment Deadline |
| Preliminary Draft (Draft No. 1) | 05/31/11 | 06/24/11 |
| Draft No. 2 | 07/05/11 | The comment period for this negotiated rulemaking has concluded. The comment period on the proposed rule will commence upon publication of the proposed rule in the Idaho Administrative Bulletin. DEQ intends to publish the proposed rule on August 3, 2011. |
Written Public Comments/Negotiated Rulemaking
| Comment | Date Received | Submitted by |
| Comment on Draft No. 1 | 06/13/11 |
Oregon DEQ |
| Comment on Draft No. 1 | 06/24/11 | Columbia River Inter-Tribal Fish Commission (CRITFC) |
| Comment on Draft No. 1 | 06/24/11 | Nez Perce Tribe |
| Comment on Draft No. 1 | 06/24/11 | Idaho Rivers United |
Documents Distributed for Negotiated Rulemaking
Negotiated Rulemaking Meeting
A negotiated rulemaking meeting was held June 21, 2011.