This rulemaking was initiated to update Idaho’s human health criteria for arsenic. Negotiated under Docket No. 58-0102-1801 and proposed under Docket No. 58-0102-2201.
Status of Rulemaking
Proposed rule published in the March 2, 2022 Idaho Administrative Bulletin under Docket No. 58-0102-2201. Comment deadline April 1, 2022.
Overview
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, the Court granted the Unopposed Motion to Modify Consent Decree, extending the Consent Decree Paragraph 5 deadlines to November 15, 2022, and the Paragraph 6 deadlines to November 15, 2023.
In June 2022, the Court granted the Unopposed Second Motion to Modify Consent Decree, extending the Consent Decree Paragraph 5 deadlines to November 15, 2023, and the Paragraph 6 deadlines to November 15, 2024.
The Consent Decree and modifications are posted as Additional Information below.
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.
Negotiated Rulemaking Meeting Schedule
No additional meetings are scheduled.
No meeting scheduled
November 4, 2021 – Agenda | Participant List
August 18, 2021 – Agenda | Participant List
June 23, 2021 – Agenda | Participant List
April 22, 2021 – Agenda | Participant List
December 16, 2020 – Agenda | Participant List
November 5, 2020 – Agenda | Participant List
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
Method for Participating and Submitting Comments
Those interested in participating in the negotiated rulemaking process are encouraged to attend the scheduled meeting in person or via Zoom.
For those who cannot participate by attending the meeting, public comment opportunities will be made available throughout the rulemaking process. To sign up for meeting participation or email notifications, contact Paula Wilson.
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Notice of Rulemaking – Proposed Rule published in the March 2, 2022 Idaho Administrative Bulletin under Docket No. 58-0102-2201 | Written Comment Deadline 04/01/22
| Comment | Submitted by | Date Received |
|---|---|---|
| Comment on Rule Draft No. 3 | U.S. EPA Region 10 | 12/01/21 |
| Comment on Rule Draft No. 3 | Association of Idaho Cities (AIC) | 11/22/21 |
| Comment on Rule Draft No. 3 | Idaho Association of Commerce & Industry (IACI) | 11/22/21 |
| Comment on Rule Draft No. 3 | Idaho Conservation League (ICL) | 11/18/21 |
| Comment on Rule Draft No. 2 | Association of Idaho Cities (AIC) | 09/24/21 |
| Comment on Rule Draft No. 2 | Idaho Association of Commerce & Industry (IACI) | 09/22/21 |
| Comment on Rule Draft No. 2 | U.S. EPA Region 10 | 09/20/21 |
| Comment on Rule Draft No. 2 | Idaho Conservation League (ICL) | 09/17/21 |
| Comment on 06/23/21 meeting presentation | Arcadis | 07/19/21 |
| Comment on 06/23/21 meeting presentation | J.R. Simplot Company | 07/14/21 |
| Comment on 06/23/21 meeting presentation | U.S. EPA Region 10 | 07/14/21 |
| Comment on 06/23/21 meeting presentation | Idaho Association of Commerce & Industry (IACI) | 07/13/21 |
| Comment on 06/23/21 meeting presentation | Association of Idaho Cities (AIC) | 07/13/21 |
| Comment on 06/23/21 meeting presentation | Idaho Conservation League (ICL) | 07/08/21 |
| Comment on 04/22/21 meeting presentation | Idaho Conservation League (ICL) | 05/14/21 |
| Comment on 04/22/21 meeting presentation | Idaho Association of Commerce & Industry (IACI) | 05/14/21 |
| Comment on 04/22/21 meeting presentation | U.S. EPA Region 10 | 05/14/21 |
| Comment on 04/22/21 meeting presentation | Clearwater Paper | 05/14/21 |
| Comment on 04/22/21 meeting presentation | National Council for Air and Stream Improvement (NCASI) | 05/13/21 |
| Comment on 04/22/21 meeting presentation | Association of Idaho Cities (AIC) | 05/12/21 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Idaho Association of Commerce & Industry (IACI) | 03/03/21 |
| Comment on Preliminary Draft Rule (Draft No. 1) with attachments | Association of Idaho Cities (AIC) AIC Attachment – Implementation of Methylmercury Criterion in NPDES Permits, Oregon DEQ (2013) | 03/01/21 |
| Comment on Preliminary Draft Rule (Draft No. 1) | J.R. Simplot Company | 03/01/21 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Kalispel Tribe | 02/25/21 |
| Request for Extension of Written Comment Deadline | Idaho Association of Commerce & Industry (IACI) | 01/13/21 |
| Comment on Preliminary Draft Rule (Draft No. 1) | U.S EPA Region 10 | 01/11/21 |
| Comment on Preliminary Draft Rule (Draft No. 1) | National Council for Air and Stream Improvement (NCASI) | 01/08/21 |
| Comment on 11/05/20 meeting presentation | Idaho Association of Commerce & Industry (IACI) | 11/20/20 |
| Comment on 11/05/20 meeting presentation | U.S EPA Region 10 | 11/20/20 |
| Comment on 11/05/20 meeting presentation | Idaho Rural Water Association (IRWA) | 11/19/20 |
| Comment on 11/05/20 meeting presentation | Association of Idaho Cities (AIC) | 11/19/20 |
| Comment on 11/05/20 meeting presentation | National Council for Air and Stream Improvement (NCASI) | 11/19/20 |
| Comment on 07/15/20 meeting presentation | Association of Idaho Cities (AIC) | 09/18/20 |
| Comment on 07/15/20 meeting presentation and appendices | 08/21/20 | |
| Comment on 07/15/20 meeting presentation | National Council for Air and Stream Improvement (NCASI) | 08/12/20 |
| Comment on 04/15/20 meeting presentation | Association of Idaho Cities (AIC) | 04/30/20 |
| Comment on 04/15/20 meeting presentation | JR Simplot Company | 04/30/20 |
| Comment on 2019 Arsenic Accumulation in Fish Tissue: Preliminary Monitoring Results | J.R. Simplot Company | 04/10/20 |
| Comment on 11/20/19 meeting presentation | J.R. Simplot Company | 12/06/19 |
| Comment on 07/23/19 meeting presentation | U.S EPA Region 10 | 08/02/19 |
| Comment on 07/23/19 meeting presentation | Association of Idaho Cities (AIC) | 08/01/19 |
| Comment on 07/23/19 meeting presentation | J.R. Simplot Company | 07/31/19 |
| Comment | J.R. Simplot Company | 07/16/19 |
| Comment on 06/27/18 meeting presentation | J.R. Simplot Company | 08/01/18 |
| Comment on 06/27/18 meeting presentation | Idaho Association of Commerce & Industry (IACI) | 08/01/18 |
| Comment on 06/27/18 meeting presentation | Idaho Mining Association (IMA) | 08/01/18 |
| Comment on 06/27/18 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 |
Information pending
| Updates on Negotiated Rulemaking |
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Information pending
Information pending
| Idaho DEQ Documents | Date Posted |
|---|---|
| Preliminary Fish Tissue and Targeted Water Data (Excel file) | 04/27/20 |
| Concepts and Recommendations for Using the Natural Conditions Provisions of the Idaho Water Quality Standards, Idaho DEQ (April 2003) | 06/27/18 |
| Mercury in Fish Tissue A Statewide Assessment of Rivers: Quality Assurance Project Plan (QUAPP) Summer 2008, Version 1.2, Idaho DEQ (October 28, 2008) | 05/23/18 |
| Arsenic, Mercury, and Selenium in Fish Tissue and Water from Idaho’s Major Rivers: A Statewide Assessment, Idaho DEQ (March 2010) | 04/12/18 |
| DEQ’s response to EPA’s disapproval (October 31, 2017) | 04/12/18 |
| EPA’s disapproval letter to DEQ (September 15, 2016) | 04/12/18 |
| EPA’s approval letter to DEQ (July 7, 2010) | 04/12/18 |
| DEQ’s submittal letter to EPA (June 21, 2010) | 04/12/18 |