Rulemaking initiated to (1) revise water quality criteria based on stakeholder comments from the 2018 rulemaking and the 2019 legislative session regarding the implementation of the bacteria criteria, and (2) delete obsolete rule language contained in Subsection 260.02 as it is no longer needed due to disapproval of the standard by EPA.
Status of Rulemaking
Pending rule adopted by the Board on November 19, 2020. Final and effective upon adjournment of 2021 legislative session if approved by the Idaho Legislature.
This rulemaking was initiated to (1) revise water quality criteria based on stakeholder comments from the 2018 rulemaking and the 2019 legislative session regarding the implementation of the bacteria criteria, and (2) delete obsolete rule language contained in Subsection 260.02 as it is no longer needed due to disapproval of the standard by EPA.
Address Concerns Regarding Implementation of Bacteria Criteria
During the 2019 legislative review of pending rule docket 58-0102-1802, stakeholders raised concerns regarding the implementation of Idaho bacteria criteria as presented in the pending rule. On March 18, 2019, the House adopted House Concurrent Resolution No. 23 (HCR23) to reject Subsection 251.02, adopted as a pending rule under Docket No. 58-0102-1802. On March 19, 2019, 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. This rulemaking seeks to revise Idaho Water Quality Standards to address the stakeholders’ unresolved concerns.
DEQ conducted another series of negotiations to better understand the stakeholder concerns regarding the recommended and subsequently proposed criteria. During these negotiations, DEQ agreed to include several provisions to help clarify the intent of the criteria and implementation of the criteria. DEQ has worked closely with the stakeholder groups who initially brought up the concerns and, due to their involvement in helping draft the proposed language, believes that the proposed language addresses their concerns. Specifically, language was included to address concerns regarding the implementation of the statistical threshold value, increasing the time period used in calculating geometric mean values, and including a recommendation for public swimming beaches.
Delete Obsolete Rule Language
DEQ proposes to delete Subsection 260.02 including footnotes. Subsection 260.02, Variances from Water Quality Standards, Specific Variances, was adopted by the Idaho Board of Environmental Quality in 2000 and approved by the Idaho Legislature in 2001 (Docket No. 58-0102-0002). On May 29, 2003, DEQ submitted the final rule to EPA. On May 7, 2010, EPA disapproved of the variance; therefore, Subsection 260.02 is not effective for Clean Water Act purposes and has been identified for deletion.
Negotiated Rulemaking Meeting Schedule
No additional negotiated rulemaking meetings are scheduled.
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 should contact Paula Wilson.
For those who cannot participate by attending the meeting, public comment opportunities will be made available throughout the rulemaking process. To sign up for email notifications, contact Paula Wilson.
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
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|Negotiated Rule Documents and Meeting Presentations||Date Posted||Date of Meeting Discussion||Written Comment Deadline|
This draft includes revisions based on review by the Division of Financial Management for compliance with Executive Order No. 2020-01, Zero-Based Regulation,
and has been formatted for publication as a proposed rule.
|Negotiated Rule Draft No. 2||7/24/20|
|DEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the Idaho Administrative Bulletin on September 2, 2020. Proposed rule comment deadline October 2, 2020.|
|Revision of Idaho Bacteria Criteria DEQ PowerPoint Presentation June 11, 2020||6/12/20||6/11/20||6/23/20|
|Preliminary Draft Rule (Draft No. 1)||6/8/20||6/11/20||6/23/20|
|Revision of Bacteria Criteria DEQ PowerPoint Presentation May 7, 2020||5/11/20||5/7/20||5/18/20|
| DEQ did not draft a preliminary draft rule for public review prior to the first meeting. The first meeting has been scheduled for the purpose of discussing stakeholder concerns regarding the implementation of the bacteria criteria, gathering|
information, and setting a path forward.
|Comment||Submitted by||Date Received|
Comment on Proposed Rule
Comment on Proposed Rule
|U.S. EPA Region 10||9/29/20|
|Comment on Preliminary Draft Rule (Draft No. 1)||Idaho Ground Water Appropriators (IGWA)||6/24/20|
|Comment on Preliminary Draft Rule (Draft No. 1)||Association of Idaho Cities (AIC)||6/23/20|
|Comment on Preliminary Draft Rule (Draft No. 1)||U.S. EPA Region 10||6/22/20|
|Comment on 5/7/20 meeting presentation||U.S. Geological Survey (USGS)||5/18/20|
|Comment on 5/7/20 meeting presentation||U.S. EPA Region 10||5/15/20|
|Comment on 5/7/20 meeting presentation||Association of Idaho Cities (AIC)||5/13/20|
Pending rule submitted to 2021 Idaho Legislature for review.