Water Quality: Docket No. 58-0102-1801 - Negotiated Rulemaking
Rulemaking initiated to update Idaho’s human health criteria for arsenic.
Status of Rulemaking
Rulemaking deadline extended. Comment deadline August 1, 2018. Negotiated rulemaking meeting November 29, 2018.
- Rulemaking Schedule (revised June 21, 2018)
Rulemaking Documents Required by Idaho Administrative Procedure Act
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.
Effective for Clean Water Act Purposes
Water quality standards adopted and submitted to EPA since May 30, 2000, are not effective for federal Clean Water Act (CWA) purposes until EPA approves them (see 40 CFR 131.21). This is known as the Alaska Rule. This rulemaking will be promulgated so that the existing rule, which continues to be effective for CWA purposes, remains in the Idaho Administrative Code until EPA approves the rule revisions. Notations explaining the effectiveness of the rule sections are also included. Upon EPA approval, the revised rule will become effective for CWA purposes and the previous rule and notations will be deleted from the Idaho Administrative Code. Information regarding the status of EPA review will be posted at here.
Method of Participation/Negotiated Rulemaking
Those interested in participating in the negotiated rulemaking process are encouraged to attend the meeting at one of the following locations. Additional meetings will be scheduled if necessary. The public may participate by telephone and web conferencing at any of the meeting locations or with individual connections. Individuals interested in participating by telephone and web conferencing should contact Paula Wilson by the date provided in the table below. For those who cannot participate by attending the meeting, written public comment opportunities will be made available throughout the negotiated rulemaking process.
*ORIGINATING LOCATION – LIVE MEETING*
November 29, 2018, 9 a.m.
Contact Paula Wilson by November 21, 2018, to make arrangements for participation by telephone and web conferencing.
|*TELEPHONE AND WEB CONFERENCE LOCATIONS*|
DEQ Coeur d’Alene Regional Office
DEQ Pocatello Regional Office
The meeting locations will be accessible to persons with disabilities, and language translators will be made available upon request. Requests for these accommodations must be made no later than five days prior to the meeting date. For arrangements, 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, email@example.com
Discussion Papers and Meeting Presentation Documents
|Meeting Presentation Documents||Date Posted||Date of Meeting Discussion||Written Comment Deadline|
|Update to Human Health Criteria for Arsenic – DEQ PowerPoint Presentation||06/27/18||06/27/18||08/01/18|
|Update to Human Health Criteria for Arsenic – DEQ PowerPoint Presentation||05/23/18||05/23/18||06/06/18|
Written Public Comments
|Comment||Submitted By||Date Received|
|Comment on 6/27/18 meeting presentation||J.R. Simplot Company||08/01/18|
|Comment on 6/27/18 meeting presentation||Idaho Association of Commerce & Industry (IACI)||08/01/18|
|Comment on 6/27/18 meeting presentation||Idaho Mining Association (IMA)||08/01/18|
|Comment on 6/27/18 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|
Draft Negotiated Rule and Meeting Presentation Documents
|Draft Negotiated Rule||Date Posted||Date of Meeting Discussion||Written Comment Deadline|
|A preliminary draft rule has not been posted. Meetings have been scheduled for presenting information on arsenic toxicity, exposure factors, options for deriving criteria, and setting a path forward.||N/A||N/A||N/A|