EPA Actions on Proposed Standards
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 National Pollutant Discharge Elimination System (NPDES) permits or total maximum daily loads (TMDLs), will not be approved by EPA. In addition, two sections have been disapproved by EPA. In either case—EPA inaction or disapproval—prior rules remain in effect for CWA programs. This is problematic as the state rules will not reflect this situation.
For rule dockets pending EPA approval, DEQ submittal and EPA review documents are available on the DEQ Rulemakings webpage.
| 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 | 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 |
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 |
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. |
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 | |
|
Update Selenium Criteria for Aquatic Life
58-0102-1701 |
03/28/18 |
08/24/18 (DEQ submittal letter) |
Updated selenium criteria for aquatic life. Document Referenced in Rule: |
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 certain water bodies. (EPA action letter) |
| 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: |
210.01 210.02 210.03 |
The current Idaho Administrative Code applies. |
Approved on 05/02/19 (EPA approval letter) |
|
Designation and Revision of Beneficial Uses (Use Attainability Analysis) 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 community. |
010 (definitions updated in docket 58-0102-1401: Bioaccumulative Pollutants, Thermal Shock, and Zone of Initial Dilution) 060 |
The previous standards published in 2014 Idaho Administrative Code continue to apply. | Pending |
|
Antidegradation Implementation Procedures 58-0102-1001 58-0102-1103 58-0102-1301 |
3/18/11 3/9/12 6/14/14T |
4/15/11 6/8/12 7/8/14 |
Adoption of methods for implementation of antidegradation policy >2011: Pending rule reviewed by legislature. Certain sections rejected (HCR16) and revised (HB153) >April 15, 2011: DEQ submitted Docket No. 58-0102-1001 to EPA >August 18, 2011: EPA approved Docket No 58-0102-1001. >February 2012: Greater Yellowstone Coalition (GYC) challenged EPA's approval. >July 23, 2013: EPA rescinded approval of the de minimis exemption
>June 8, 2012: DEQ submitted Docket No. 58-0102-1103 to EPA (DEQ submittal letter) 58-0102-1301 >August 2013: DEQ initiated negotiated rulemaking. >July 8, 2014: DEQ submitted revised de minimis exemption to EPA >September 26, 2014: EPA approved Idaho's revised de minimis exemption |
|
58-0102-1301 58-0102-1103 approved on 9/26/14 (EPA approval letter) |
|
|
Update Idaho’s Human Health Criteria
|
04/11/06 03/25/16 |
07/07/06 12/13/16 |
58-0102-0503 58-0102-1201 |
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 approval letter) 58-0102-0503 Disapproved on 05/10/12 (EPA disapproval letter)
On 08/06/12, DEQ notified EPA of its intention to initiate a negotiated rulemaking to revise the human health criteria for toxic pollutants (DEQ response letter). |
|
Hells Canyon Site-Specific Salmonid Spawning Criterion for Temperature
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 previous criterion published in 2005 Idaho Administrative Code continues to apply. | Pending |
|
Thermal Treatment Requirements
58-0102-1101 |
06/30/11
|
07/20/11 |
Removed the numeric limits on point source induced changes in receiving water temperature. | 401.01 | The previous treatment requirements published in 2011 Idaho Administrative Code continue to apply. | Pending |
|
Mercury/Aquatic Life
58-0102-0302 |
04/06/05 |
08/08/05 |
In 2005, Idaho adopted EPA's recommended methylmercury fish tissue criterion for protection of human health. The decision was made to remove the old tissue-based aquatic life criteria and rely on the fish tissue criterion to provide protection for aquatic life as well as human health. Thus, published Idaho WQS do not have mercury water column criteria for the protection of aquatic life. While EPA approved Idaho's adoption of the fish tissue criterion in September 2005, it had withheld judgment on Idaho's removal of aquatic life criteria. | 210.01 | 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
|
|
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 |
Although the seasonal cold water use and temperature criteria adopted in 2000 have not been acted on by EPA, they were adopted by Idaho and submitted to EPA prior to May 30, 2000. Therefore, the seasonal cold water use and temperature criteria published in 2000 Idaho Administrative Code continue to apply. |
Pending |
|
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 submitted to EPA for approval. EPA has not taken action and so the Bull Trout temperature criterion effective for CWA purposes is the 1997 federally promulgated temperature criterion of 10 ºC for 7-day average maximum daily temperatures from June through September for waters specified in the federal rule (see 40 CFR 131.33). | 250.02.g.ii |
Bull Trout temperature criterion effective for CWA purposes is the 1997 federally promulgated temperature criterion of 10 ºC for 7-day average maximum daily temperatures from June through September for waters specified in the federal rule (see 40 CFR 131.33).
However, a few waters identified in Governor Batt’s 1996 Bull Trout Conservation Plan are not listed in 40 CFR 131.33. For these waters, the 1998 criteria published in 1998 Idaho Administrative Code continue to apply. |
Pending |
|
Arsenic Human Health Criteria
16-0102-9501
16-0102-9801 58-0102-0801 |
03/08/95
03/19/99 |
1995
|
|
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 approval letter) EPA's 2010 approval of 58-0102-0801 was remanded back to EPA Consent Decree, NWEA v EPA (06/07/16) 58-0102-0801 16-0102-9801 Disapproved on 09/15/16 10/31/17 DEQ letter in response to EPA’s disapproval April 2018 DEQ initiated rulemaking Rulemaking deadline extended |
|
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 5/7/10 (EPA disapproval letter) |