Water Quality: Docket No. 58-0102-1803 - Pending Rule
Rulemaking initiated to allow de minimis additions of heat in waters that exceed applicable temperature criteria.
Status of Rulemaking
Pending rule adopted by Board on November 14, 2018. Final and effective upon adjournment of 2019 legislative session if approved by the Idaho Legislature.
2019 Legislative Rules Review
- Senate Resources & Environment Committee Pending Rules Review Book
- House Environment, Energy & Technology Committee Pending Rules Review Book
- Idaho Legislature Homepage
|November 2018 Board of Environmental Quality Meeting|
Rulemaking Documents Required by Idaho Administrative Procedure Act
- Notice of Adoption of Pending Rule
- Proposed Rule and Notice
- Negotiated Rulemaking Summary
- Notice of Negotiated Rulemaking
This rulemaking has been initiated to allow de minimis additions of heat when waters exceed applicable temperature criteria due to man-made causes. Currently, Idaho’s point source treatment requirements allow point sources of heat to raise receiving water temperatures up to 0.3°C only when the receiving water is naturally warmer than numeric criteria. There is not an allowance for any increase, however small, when it cannot be shown receiving water temperatures are naturally warmer than criteria.
Idaho has many very small point sources. All add some heat to the waters to which they discharge. And, in most cases, the water bodies to which they discharge are warmer than Idaho’s numeric temperature criteria set to protect aquatic life for a portion of each year. Heat is a non-conservative pollutant, and the sources of heat can be relatively small. This rulemaking proposes allowing NPDES/IPDES regulated human sources of heat loading to cause no more than a de minimis 0.3°C increase in receiving water temperatures. This would allow a 0.3°C increase to waters that are exceeding the numeric temperature criteria upstream for the designated aquatic life use even in cases where the exceedance of numeric criteria is not due to natural conditions.
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.
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
October 5, 2018
Written Public Comments on Proposed Rule
|Submitted By||Date Received|
|City of Nampa||10/04/18|
|Idaho Conservation League (ICL)||10/05/18|
|U.S. EPA Region 10||10/11/18|
The text of the proposed rule was drafted based on discussions held and concerns raised during negotiations conducted pursuant to Idaho Code § 67-5220 and IDAPA 58.01.23.810-815. The Notice of Negotiated Rulemaking was published in the July 2018 issue of the Idaho Administrative Bulletin, a preliminary draft rule was made available for public review on June 25, 2018, and a meeting was held on July 20, 2018. Key information was posted on the DEQ rulemaking web page and distributed to the public. Members of the public participated in the negotiated rulemaking process by attending the meetings and by submitting written comments.
All comments received during the negotiated rulemaking process were considered by DEQ when making decisions regarding development of the rule. At the conclusion of the negotiated rulemaking process, DEQ formatted the final draft for publication as a proposed rule. The negotiated rulemaking record, which includes the negotiated rule drafts, written public comments, documents distributed during the negotiated rulemaking process, and the negotiated rulemaking summary, is available on this web page.
Negotiated Rulemaking Meeting Schedule
No additional meetings are scheduled.
Draft Negotiated Rule and Meeting Presentation Documents
|Draft Negotiated Rule||Date Posted||Date of Meeting Discussion||Written Comment Deadline|
|Draft No. 2||
|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 September 5, 2018, issue of the Idaho Administrative Bulletin. The proposed rule comment deadline is October 5, 2018.|
Written Public Comments
|Comment||Submitted By||Date Received|
|Comment on Draft No. 1||Ron Harriman||07/20/18|
|Comment on Draft No. 1||Hubert Osborne||07/23/18|
|Comment on Draft No. 1||Idaho Conservation League (ICL)||07/30/18|
|Comment on Draft No. 1||City of Boise||07/30/18|
|Comment on Draft No. 1||Association of Idaho Cities (AIC)||07/30/18|
|Comment on Draft No. 1||City of Meridian||07/30/18|
|Comment on Draft No. 1||U.S. EPA Region 10||07/31/18|