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Water Quality: Docket No. 58-0102-2201

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

Presentation of rule package for adoption of pending rule: Board meeting set for May 25 & 26, 2022, in Kellogg, ID. This docket will be presented at the May 26 business meeting.

Overview

This rulemaking was initiated to update Idaho’s human health criteria for arsenic and negotiated under Docket No. 58-0102-1801. The proposed revisions are found in Subsections 210.01.a. and b., 210.03.d. and e., and 210.05.b.

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 November 15, 2018, and July 15, 2019, deadlines to November 15, 2022, and November 15, 2023, respectively.

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.

Method for Submitting Comments

Submit all written comments to:

Paula Wilson
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481
Paula Wilson

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Notice of Rulemaking – Proposed Rule | Written Comment Deadline 04/01/22

Comment Submitted by Date Received
Comment on Proposed Rule Association of Idaho Cities (AIC) 04/01/22
Comment on Proposed Rule Idaho Association of Commerce & Industry (IACI) 04/01/22
Comment on Proposed Rule U.S. EPA Region 10 04/01/22

This information is pending.

Board of Environmental Quality

May 25 – Board tour of Bunker Hill Mine area
May 26 – Business meeting
9 a.m.  PDT
Panhandle Health District
35 Wildcat Way, Kellogg, ID

This meeting is in person or via zoom. Attendance details are in the Meeting Notice and Agenda.

Meeting Materials

 

This information is pending.

No information is available at this time.

No information is available at this time.

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