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Water Quality: Docket No. 58-0102-1802

Rulemaking initiated for revision of recreational use criteria and adoption of aquatic life criteria for three toxics.

Status of Rulemaking

Pending rule approved by the Idaho Legislature. Final and effective April 11, 2019.

Overview

This rulemaking has been initiated to make certain revisions identified as high priority in the 2017 Triennial Review of Idaho Water Quality Standards and to comply with federal requirements for consideration of EPA recommended (aka §304(a)) criteria (40 CFR 131.20): (1) Adopt aquatic life criteria for acrolein, carbaryl, and diazinon in accordance with EPA’s current §304(a) recommended criteria, and (2) adopt EPA’s current §304(a) recommended criteria for bacteria and clarify the definition of recreational use. 

EPA’s Recommended §304(a) Aquatic life Criteria for Acrolein, Carbaryl, and Diazinon

This rulemaking adds criteria for acrolein, carbaryl, and diazinon in Subsection 210.01. Currently, Idaho does not have aquatic life criteria for acrolein, carbaryl, and diazinon, although EPA has issued new recommended aquatic life criteria for these toxics. Acrolein is an aquatic herbicide and is known to be toxic to aquatic life, particularly amphibians and fish. In 2009, EPA added acrolein to the §304(a) list of aquatic life criteria. Carbaryl and diazinon are pesticides that are toxic to aquatic life, particularly invertebrates. EPA added diazinon to the §304(a) list of aquatic life criteria in 2005 and added carbaryl in 2012.

In order to avoid EPA promulgating federal standards for acrolein, carbaryl, and diazinon for Idaho, DEQ proposes to undertake a negotiated rulemaking to revise these aquatic life criteria in Idaho’s water quality standards. By adopting these criteria, DEQ will comply with federal requirements for consideration of EPA recommended criteria (40 CFR 131.20) and ensure that its criteria provide sufficient protection of aquatic life uses.

EPA’s §304(a) Recommended Criteria for Bacteria

This rulemaking adopts EPA’s 2012 §304(a) recommended criteria for bacteria. EPA’s 2012 §304(a) criteria includes both E. coli criteria as well as enterococci criteria; either of which would be considered protective of contact recreation. States (and dischargers) can use either criterion to demonstrate compliance with water quality standards. This rulemaking also clarifies the definition of recreational use, recognizing that waters designated for primary contact recreation (PCR) also include recreational activities associated with secondary contact recreation (SCR).

Consideration of enterococci criteria as included in EPA’s 2012 §304(a) recommendation is necessary to comply with federal requirements for consideration of EPA recommended criteria (40 CFR 131.20). Enterococci criteria are more directly related to incidences of gastrointestinal illnesses than E. coli criteria. In addition, rapid analytical techniques for enterococci are currently being developed. By adopting enterococci criteria, Idaho will be in a position to easily integrate any advances to improve sampling logistics (for example, extended holding times and field preservation to allow for monitoring and assessment of more remote waters, and rapid notification of affected swimming beaches and recreational facilities).

DEQ will also consider the adoption of statistical threshold values (STV) as criteria. The STV is a concentration that is not to be exceeded more frequently than 10% of valid samples collected in a 30-day period.

By adopting EPA’s 2012 §304(a) criteria recommendation, DEQ can meet a recommendation of the 2017 Triennial Review and meet federal requirements to consider EPA’s 2012 §304(a) recommendations while providing the same level of protection for Idaho water bodies. In addition, this allows dischargers the option to request an alternative fecal indicator bacteria for monitoring compliance with water quality standards.

Negotiated Rulemaking Meeting Schedule

No additional meetings are scheduled.

  • Upcoming Meeting
  • Previous Meetings

No meeting scheduled

June 28, 2018 - Agenda | Sign-in Sheets
May 31, 2018Agenda | 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. Individuals interested in participating by telephone and video conferencing should contact Paula Wilson.

For those who cannot participate by attending the meeting, public comment opportunities will be made available throughout the rulemaking process.

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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Negotiated Rule Documents and Meeting Presentations Date Posted Date of Meeting Discussion Written
Draft No. 4 08/13/18 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 ‘ is October 5, 2018.

Draft No. 3

Revision of Recreation Use and Criteria and Adoption of Aquatic Life Criteria for Three Toxics – DEQ PowerPoint Presentation

06/22/18

06/29/18

06/28/18 07/11/18
Draft No. 2
(Draft No. 2 includes revisions presented during the 5/31/18 meeting)

Revision of Recreation Use and Criteria and Adoption of Aquatic Life Criteria for Three Toxics – DEQ PowerPoint Presentation

Revision of Recreation Use and Criteria and Adoption of Aquatic Life Criteria for Three Toxics – Discussion Paper #1

05/31/18

05/31/18

05/25/18

05/31/18 06/08/18
Preliminary Draft (Draft No. 1) 05/08/18 05/31/18 06/08/18
Comment Submitted By Date Received
Comment on Proposed Rule IDEXX 09/21/18
Comment on Proposed Rule City of Nampa 10/04/18
Comment on Proposed Rule U.S. EPA Region 10 10/04/18
Comment on Proposed Rule Idaho Water Users Association (IWUA) 10/05/18
Comment on Proposed Rule Association of Idaho Cities (AIC) 10/05/18
Comment on Proposed Rule Idaho Ground Water Appropriators (IGWA) 10/05/18
Comment on Proposed Rule Meridian Beartrack Company 10/18/18
Comment on Proposed Rule City of Caldwell 11/14/18
Comment on Draft No. 3 Association of Idaho Cities (AIC) 07/30/18
Comment on Draft No. 3 Association of Idaho Cities (AIC) 07/16/18
Comment on Draft No. 2 U.S. EPA Region 10 06/05/18
Comment on Draft No. 2 Upper Snake River Tribes Foundation (USRT) 06/06/18
Comment on Draft No. 2 City of Meridian 06/07/18
Comment on Draft No. 2 Idaho Conservation League (ICL) 06/08/18
Comment on Draft No. 2 Association of Idaho Cities (AIC) 06/08/18

Pending rule approved by the 2019 Idaho Legislature.

On March 18, 2019, the House adopted House Concurrent Resolution No. 23 (HCR23) to reject IDAPA 58.01.02, Water Quality Standards, Section 251., Subsection
02., adopted as a pending rule under Docket Number 58-0102-1802. On March 19, HCR23 was introduced in the Senate and referred to the Senate Health & Welfare Committee. HCR23 was not reported out of committee; the pending rule docket
became final and effective on April 11, 2019.      

April 11, 2019

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