Protecting Public Health and the Environment.

Water Quality: Docket No. 58-0102-1901 - Pending Rule

Rulemaking initiated to revise Subsection 287.03 for consistency with recent EPA review and action regarding site-specific selenium criterion effective for Clean Water Act purposes.

Status of Rulemaking

Pending rule adopted by Board on November 14, 2019.  Final and effective upon adjournment of 2020 legislative session if approved by the Idaho Legislature.

2020 Legislative Rules Review

DEQ Pending rule dockets submitted to the following committees for review:
Senate Resources & Environment Committee and House, Environment, Energy & Technology Committee

 

 November 2019 Board of Environmental Quality Meeting - Pending Rule

 Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

The purpose of this rulemaking is to revise Subsection 287.03 for consistency with recent EPA review and action regarding site-specific selenium criterion effective for Clean Water Act purposes.

Under Docket No. 58-0102-1701, the state of Idaho promulgated new and revised selenium criteria for aquatic life. The rule was adopted by the Idaho Board of Environmental Quality in 2017, approved by the Idaho Legislature in 2018, and submitted to EPA for review on August 24, 2018. On July 9, 2019, EPA approved the final rule except for application of Subsection 287.03 to certain water bodies. Specifically, EPA disapproved the application of the site-specific criterion in Subsection 287.03 to North Fork Sage Creek, Pole Canyon Creek, and their tributaries. 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 Subsection 287.05 is the effective selenium criterion for Clean Water Act purposes in North Fork Sage Creek, Pole Canyon Creek, and their tributaries. 

Docket No. 58-0102-1701 was promulgated so that the existing rule, effective for Clean Water Act purposes, would remain in the Idaho Administrative Code until EPA approved the rule revisions. Notations explaining the effectiveness of the rule sections were also included. This proposed rule deletes the text and notations that are now obsolete due to EPA’s review and action of Docket No. 58-0102-1701.

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

October 4, 2019

Written Public Comments on Proposed Rule

Submitted By Date Received
 No comments were received.  

 Negotiated Rulemaking 

Negotiated rulemaking was not conducted. DEQ determined that negotiated rulemaking is not feasible due to the simple nature of this rulemaking. This is an administrative revision necessary for consistency with recent EPA review and action regarding site-specific selenium criterion.


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Staff Contacts

Surface Water Bureau Chief
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