Water quality standards adopted and submitted to EPA since May 30, 2000, are not effective for Clean Water Act (CWA) purposes until EPA approves them (see 40 CFR 131.21). This is known as the Alaska Rule.
Several sections of Idaho’s Water Quality Standards (IDAPA 58.01.02) are under EPA review, and until these are acted upon, their use in CWA programs, such as Idaho Pollutant Discharge Elimination System (IPDES) permits or total maximum daily loads (TMDLs), will not be approved by EPA.
More information on dockets pending EPA approval is available on the DEQ Rulemakings web page.
Subject Matter Docket Number | Effective Date of State Rule | Date of Submittal to EPA | Summary | Affected Sections | Effective for CWA Purposes | Status of EPA Review |
---|---|---|---|---|---|---|
De minimis Heat Additions 58-0102-1803 | 04/11/19 | 04/15/19 | This revision allows de minimis additions of heat in waters that exceed applicable temperature criteria. | 401.01 | This rule docket was promulgated so that the existing rule, which continues to be effective for CWA purposes, remains in the current Idaho Administrative Code until EPA approves the rule revisions. | Pending |
Recreational Use Criteria and Aquatic Life Criteria for Three Toxics 58-0102-1802 | 04/11/19 | Pending | Revision of recreational use criteria and adoption of aquatic life criteria for acrolein, carbaryl, and diazinon. | 100 210 251 | This rule docket was promulgated so that the existing rule, which continues to be effective for CWA purposes, remains in the current Idaho Administrative Code until EPA approves the rule revisions. | |
Domestic Water Supply as a Beneficial Use 58-0102-1703 | 04/11/19 | 07/19/19 (DEQ Submittal Letter) | Designated domestic water supply as a beneficial use in water bodies where the Safe Drinking Water Information System indicates an active surface water intake or ground water under direct influence of surface water and where domestic water supply is not currently designated. | 100.03 110 120 140 160 252 | The current Idaho Administrative Code applies. | Approved on 09/16/19 (EPA approval letter) |
Update Selenium Criteria for Aquatic Life 58-0102-1701 | 03/28/18 | 08/24/18 | Updated selenium criteria for aquatic life. Document Referenced in Rule: >Aquatic | 210.01 287 | The current Idaho Administrative Code applies, except for application of 287.03 to certain water bodies. Until EPA approves the application of any new site-specific selenium criterion to North Fork Sage and Pole Canyon Creeks, and their tributaries, the criterion at 287.05 is the effective selenium criterion for CWA purposes in North Fork Sage Creek, Pole Canyon Creek, and their tributaries. | Approved on 7/9/19 except for application of 287.03 to |
Update Copper Criteria for Aquatic Life 58-0102-1502 | 03/28/18 | 01/08/19 | Updated copper criteria for aquatic life. Documents Referenced in Rule:
>Statewide | 210.01 210.02 210.03 | The current Idaho Administrative Code applies. | Approved on 05/02/19 |
Designation and Revision of Beneficial Uses (Use 58-0102-1501 | 03/25/16 | 12/30/16 | Added language that is consistent with the federal regulations for designating and revising uses assigned to waterbodies, providing basis for guidance on the use designation/revision process. | 010 (definition added in docket 58-0102-1501: Use Attainability) 102 | The current Idaho Administrative Code applies. | Approved on 08/23/18 |
Mixing Zone Policy 58-0102-1401 | 04/11/15 | 10/26/16 (DEQ submittal letter) | Updated DEQ’s Mixing Zone Policy to take into account modern tools for evaluating mixing, lessons learned from years of implementation, and to provide greater clarity for DEQ and the regulated | 010 (definitions updated in docket 58-0102-1401: 060 | The current Idaho Administrative Code applies. | Approved on 12/16/19 EPA Approval Letter |
Antidegradation Implementation Procedures 58-0102-1001 58-0102-1103 58-0102-1301 | 03/18/11 03/09/12 06/14/14T | 04/15/11 06/8/12 07/8/14 | Adoption of methods for implementation of antidegradation 58-0102-1001 >2011: Pending rule reviewed by legislature. Certain >April 15, 2011: DEQ submitted Docket No. 58-0102-1001 to >August 18, 2011: EPA approved Docket No 58-0102-1001. >February 2012: Greater Yellowstone Coalition (GYC) >July 23, 2013: EPA rescinded approval of the de minimis 58-0102-1103 >July 2011: DEQ initiated rulemaking to make revisions >June 8, 2012: DEQ submitted Docket No. 58-0102-1103 to 58-0102-1301 >August 2013: DEQ initiated negotiated rulemaking. >July 8, 2014: DEQ submitted revised de minimis exemption >September 26, 2014: EPA approved Idaho’s revised de minimis exemption | The current Idaho Administrative Code applies. | 58-0102-1301 58-0102-1103 approved on 09/26/14 (EPA approval letter) | |
Update Idaho’s Human Health Criteria 58-0102-0503 58-0102-1201 | 04/11/06 03/25/16 | 07/07/06 12/13/16 | 58-0102-0503 58-0102-1201 Document Referenced in Rule: | 010 (definition revised in docket 58-0102-1201: Harmonic Mean) 070.08 210.01 210.03 210.04 210.05 400.06 | The current Idaho Administrative Code applies. | Approved on 04/04/19 (EPA 58-0102-0503 Disapproved on 05/10/12 (EPA On 08/06/12, DEQ notified EPA of its intention to |
Hells Canyon Site-Specific Salmonid Spawning 58-0102-1102 | 03/29/12 | 06/08/12 (DEQ submittal letter) | Modified the existing site-specific temperature criterion to protect fall Chinook spawning below Hell’s Canyon Dam by providing for a two week transition in temperatures from October 23 through November 6. | 286 | The current Idaho Administrative Code applies. | Approved on 11/21/19 (EPA approval letter) |
Thermal Treatment Requirements 58-0102-1101 | 06/30/11 03/29/12 | 07/20/11 08/07/12 | Removed the numeric limits on point source induced changes in receiving water temperature. | 278.05 278.06 278.07 401.01 | The previous treatment requirements in section 401.01 published in 2011 Idaho Administrative Code continue to apply. | 278.05 Approval of 401.01 pending |
Mercury/Aquatic Life 58-0102-0302 | 04/06/05 | 08/08/05 | In 2005, Idaho adopted EPA’s recommended methylmercury Document Referenced in Rule: Implementation Guidance for the Idaho Mercury Water Quality Criteria | 210.01 210.03 | The water column criteria for total recoverable mercury published in 2004 Idaho Administrative Code continue to apply. | Disapproved on 12/12/08 |
Seasonal Cold Water Use and Temperature Criteria 16-0102-9704 58-0102-0002 | 04/05/00 03/30/01 | 04/26/00 (DEQ submittal letter) 05/29/03 (DEQ submittal | Idaho first adopted seasonal cold water use and temperature criteria in April 2000. In March 2001, Idaho revised its temperature criteria for the seasonal cold water use. | 250.03 100.01.c 140.11 | The following sections submitted to EPA after May 30, 2000, are not effective for CWA purposes: 140.11, Little Camas Creek Reservoir, Unit SW-7, designation of seasonal cold water aquatic life use, and 250.03.b. published in the current Idaho Administrative Code. The following sections were submitted before May 30, 2000, and remain in effect for CWA purposes despite EPA’s disapproval: 250.03.b. and c. as published in the 2000 Idaho Administrative Code and 100.01.c. and 250.03.a. published in the current Idaho Administrative Code. | 16-0102-9704 58-0102-0002 Disapproved on 06/09/20 (EPA disapproval letter and technical support document) |
Bull Trout Temperature Criterion 58-0102-0002 | 03/30/01 | 05/29/03 | Idaho first adopted Bull Trout temperature criteria in 1998. These criteria were revised in 2001 and | 250.02.g.ii | Bull Trout temperature criterion effective for CWA However, a few waters identified in Governor Batt’s | Pending |
Arsenic Human Health Criteria 16-0102-9501 16-0102-9801 58-0102-0801 10 µg/L adopted 58-0102-1801 current ongoing rulemaking | 03/08/95 12/01/97 (temporary rule) 03/19/99 03/29/10 | 1995 1999 06/21/10 |
| 210.01 | 10 µg/L continues to be the CWA effective arsenic criterion for both exposure through fish consumption only and exposure through drinking water+fish consumption | 16-0102-9501 Approved on 06/25/96 16-0102-9801 58-0102-0801 Approved on 07/07/10 (EPA EPA’s 2010 approval of 58-0102-0801 was remanded back Consent 58-0102-0801 and 16-0102-9801 Disapproved on 09/15/16 10/31/17 DEQ April 2018 DEQ initiated rulemaking Rulemaking deadline extended Unopposed |
Variance for Page Wastewater Treatment Facility 58-0102-0002 | 03/30/01 | 05/29/03 | This revision grants a variance to the South Fork Coeur d’Alene River Sewer District (Page Wastewater Treatment Facility) from meeting water quality standards for ammonia, chlorine, cadmium, lead, and zinc discharged to the West Page Swamp. | 260.02.a. 260.02.b. | EPA disapproved the variance; therefore, Subsections 260.02.a. and b. are not effective for CWA purposes. | Disapproved on 05/07/10 |