Protecting Public Health and the Environment.

Water Quality: Docket No. 58-0102-1703 - Proposed Rule

Rulemaking initiated to designate 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.

Public Comment Opportunities | Negotiated Rulemaking History

Status of Rulemaking

Presentation to the Idaho Board of Environmental Quality for adoption of a pending rule: November 14-15, 2018.

November 2018 Board of Environmental Quality Meeting

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

This rule making has been initiated to designate domestic water supply as a beneficial use in 27 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. 

In Sections 110 through 160, Domestic Water Supply (DWS) designations will be added to the “Other” column for 27 water body units where DWS is an existing use. Subsection 100.03.a. will be revised to clarify that the domestic water supply use is appropriate for use as untreated raw water for public drinking water supplies. In addition, Subsection 252.01 will be revised by deleting Subsection 252.01.a., which is unnecessary as it is redundant with the Idaho Rules for Public Drinking Water Systems, IDAPA 58.01.08. Protection of surface waters from radioactivity is achieved with the narrative criteria in the Water Quality Standards, IDAPA 58.01.02.200.04. Subsection 252.01.b. will be revised for clarification purposes.

Idahoans that recreate in Idaho’s surface waters, drink from public drinking water systems that use Idaho’s surface waters, or fish Idaho’s surface waters; and all who discharge pollutants to those same waters may be interested in commenting on this proposed rule.  After consideration of public comments, DEQ intends to present the final proposal to the Board in November 2018 for adoption of a pending rule.  The rule is expected to be final and effective upon the conclusion of the 2019 legislative session if adopted by the Board and approved by the 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 here.

Public Comment Opportunities

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@deq.idaho.gov

Comment Deadline
August 31, 2018

Written Public Comments

Submitted By Date Received
U.S. EPA Region 10  08/24/18
Riley Stegner and Associates on behalf of Stimson Lumber Company, Hancock Forest Management, and Molpus Woodlands Group 08/31/18

Negotiated Rulemaking History

The text of the proposed rule was drafted based on discussions held and concerns raised during negotiations conducted pursuant to Idaho Code § 67-5220 and IDAPA 58.01.23.810-815. The Notice of Negotiated Rulemaking was published in the December 2017 issue of the Idaho Administrative Bulletin, and a preliminary draft rule was made available for public review. Meetings were held on December 19, 2017, and April 24, 2018. Key information was posted on the DEQ rulemaking web page and distributed to the public. Members of the public participated in the negotiated rulemaking process by attending the meetings and by submitting written comments.

All comments received during the negotiated rulemaking process were considered by DEQ when making decisions regarding development of the rule. At the conclusion of the negotiated rulemaking process, DEQ formatted the final draft for publication as a proposed rule. The negotiated rulemaking record, which includes the negotiated rule drafts, written public comments, documents distributed during the negotiated rulemaking process, and the negotiated rulemaking summary, is available on this webpage.

Negotiated Rulemaking Meeting Schedule

No additional meetings are scheduled.

Previous Meetings

April 24, 2018 - Agenda |  Sign-in Sheets

December 19, 2017 - Agenda | Sign-in Sheets

Draft Negotiated Rule and Related Documents

Draft Negotiated Rule

Date Posted

Date of Meeting Discussion

Written Comment Deadline

Draft No. 3

 

 

 

 

 

 

 

 

 

07/03/18

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 August 1, 2018, issue of the Idaho Administrative Bulletin. The proposed rule comment deadline is August 31, 2018.

Draft No. 2

Designation of Domestic Water Supply Discussion Paper

Designation of Domestic Water Supply - DEQ PowerPoint Presentation

 04/16/18

 


04/26/18

04/24/18 05/11/18

Preliminary Draft (Draft No. 1)

Designation of Domestic Water Supply – DEQ PowerPoint Presentation

12/05/17


12/21/17

12/19/17 01/19/18

Written Public Comments

Comment Submitted By Date Received
Comment on Draft No. 2 John Sherman 04/18/18
Comment on Draft No. 2 Southwest Idaho Basin Advisory Group 04/19/18
Comment on Draft No. 2 Thompson Creek Mining Company 05/01/18
Comment on Draft No. 2 U.S. EPA Region 10 05/07/18
Comment on Draft No. 2 City of Meridian 05/09/18
Comment on Draft No. 2 Idaho Conservation League 05/09/18
Comment on Draft No. 2 Riley Stegner and Associates on behalf of Stimson Lumber Company, Hancock Forest Management, and Molpus Woodlands Group 05/11/18
Comment on Draft No. 2 Idaho Department of Lands 05/11/18
Comment on Draft No. 2 PotlatchDeltic 05/11/18
Comment on Draft No. 2 Clearwater Basin Advisory Group 05/31/18
Comment on Draft No. 1 Idaho Conservation League 12/15/17
Comment on Draft No. 1 Idaho Conservation League 01/05/18
Comment on Draft No. 1 Steve Tanner 01/15/18
Comment on Draft No. 1 U.S. EPA Region 10 01/18/18
Comment on Draft No. 1 Richard Rogers 01/19/18
Comment on Draft No. 1 Suez 01/22/18

Documents Distributed for Negotiated Rulemaking

Document Date Posted
Rulemaking Schedule 12/05/17

Page Subscription

Staff Contacts

Water Quality Standards Lead
Jason Pappani
DEQ State Office
Water Quality Division
1410 N. Hilton
Boise, ID 83706
(208) 373-0515
jason.pappani@deq.idaho.gov

Administrative Rules Coordinator
Paula Wilson
DEQ State Office
Attorney General's Office
1410 N. Hilton
Boise, ID 83706
(208) 373-0418
paula.wilson@deq.idaho.gov