Status of Rulemaking
Negotiated rulemaking meeting April 22, 2021.
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, EPA requested the court modify the dates in the 2016 consent decree. The court granted the request. The new dates are November 15, 2022, for EPA to propose and November 15, 2023, for EPA to finalize federal criteria for Idaho in absence of EPA approval of a criterion adopted by Idaho. 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.
The text of the rule will be drafted by DEQ in conjunction with a negotiating committee made up of persons having an interest in the development of this rule. DEQ will explore the use of updated arsenic toxicity information and bioaccumulation factors to derive human health criteria for consumption of fish only and consumption of fish & water using Idaho specific inputs for cancer risk factor and fish consumption rates. In addition, DEQ will collect ambient water quality data to determine background concentrations of arsenic in Idaho waters and potential feasibility of achieving ambient water quality criteria derived for arsenic. Idahoans that recreate in, drink from, or fish Idaho’s surface waters and all who discharge pollutants to those same waters may be interested in participating in this rulemaking
Upon conclusion of negotiations, DEQ intends to publish a proposed rule for public comment in the fall of 2022 and then present the final proposal to the Idaho Board of Environmental Quality (Board) in November 2022 for adoption of a pending rule. If adopted by the Board, the rule will be reviewed by the 2023 Idaho Legislature.
Negotiated Rulemaking Meeting Schedule
MEETING SET FOR PUBLIC PARTICIPATION VIA TELEPHONE AND VIDEO CONFERENCING
April 22, 2021, 9 a.m. to 12:30 p.m. MDT
Contact Paula Wilson to sign up for participation by telephone and video
conferencing.
In an effort to reduce and slow coronavirus spread, DEQ will hold this meeting via telephone and video conferencing.
Language translators will be made available upon request. Requests must be made no later than five (5) business days prior
to the meeting date. For arrangements, contact Paula Wilson.
- Upcoming Meeting
- Previous Meetings
April 22, 2021 - Agenda
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 via telephone and video conferencing.
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 attendance or email notifications, contact Paula Wilson.
Submit all written comments by mail, fax or email to:
Paula Wilson
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481
Paula Wilson
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Information pending
Comment | Submitted by | Date Received |
---|---|---|
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
Additional Information | |
Preliminary Results: Demonstration of Nonanthropogenic Arsenic and Nonanthropogenic Standard Selection Yellowstone River Montana DEQ PowerPoint Presentation (06/27/18 meeting) | 06/27/18 |
Unopposed Motion to Modify Consent Decree, Northwest Environmental Advocates v EPA, U.S. District Court, District of Oregon (extending rulemaking deadline) (motion granted on June 15, 2018) Consent Decree, Northwest Environmental Advocates v EPA, U.S. District Court, District of Oregon (June 7, 2016) |
06/27/18 07/18/18 |
Technical Support Document for Action on the State of Oregon’s New and Revised Human Health Water Quality Criteria for Toxics and Associated Implementation Provisions Submitted July 12 and 21, 2011, U.S. EPA Region 10 (October 17, 2011) | 04/12/18 |
State of Oregon DEQ Draft Report – Water Quality Standards Review and Recommendations: Arsenic (April 2011) | 04/12/18 |
Idaho DEQ Documents | Date Posted |
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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 |