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DEQ
is required to review its water quality standards at least once
every three years. This process, called triennial review,
is required by Section
303(c) of the Clean Water Act and must include the opportunity
for public and EPA review of the standards as well as DEQ internal
review. The review is intended to ensure that standards meet
public concerns, reflect new scientific and technical information,
and follow EPA guidelines.
Certain
parts of Idaho's water
quality standards are required under the Clean Water Act (uses,
criteria, and antidegradation).
Other parts are specifically identified in the Clean Water Act,
but are optional. Idaho's water quality standards address
the "optional" topics of mixing
zones, variances, and low flows. Idaho's water
quality standards also contain other elements, such as definitions,
application of water quality criteria, and wastewater treatment
requirements. Federal regulations only require triennial review
for those elements that are required and optional under the Clean
Water Act. However, DEQ will consider all topics contained
in its water quality standards in the 2005-2008 triennial review.
Although
DEQ typically conducts ongoing reviews/revisions of standards on
an as-needed basis, it has also completed four triennial reviews
(1993, 1995, 1997, 2002). More
on the history of Idaho's triennial reviews.
In 2005,
DEQ is initiating a more formalized triennial review process that
emphasizes public involvement in three phases: |
- Public
scoping will occur as DEQ
examines all water quality standards and asks for public
assistance to select triennial review topics.
- Negotiated
rulemaking will occur after topics are researched and
reviewed.
- Public
comment will occur after language is proposed to revise
or create new water quality standards.
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The
process will gain more focus as topics are selected and as changes
to water quality standards are proposed; this effort will result
in a comprehensive and holistic review of water quality standards.
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| Three Phases of
the 2005-2008 Triennial Review |
Phase
1: Public Scoping |
DEQ
completed the public scoping phase of
its 2005-2008 triennial review of water quality standards in October
2005. This phase entailed developing a preliminary list of topics
for triennial review, obtaining public input, and selecting priority
topics to carry forward through triennial review. Public
scoping meetings were held in May 2005 in Pocatello, Boise, and
Moscow. Link to a summary
of these meetings.
Priority
topics that are to be carried forward in this triennial review were
selected by DEQ surface water quality staff based on a balance of
DEQ priorities, EPA priorities, and perceived public priorities,
as well as an estimation of resources required for addressing each
topic. Upon selecting the priority topics, DEQ devised potential
action items for each topic. Link to a summary
of the priority topics selected and the corresponding action items. |
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Phase
2: Research Followed by Negotiated Rulemaking |
For
each priority topic from Phase 1, DEQ will research available information
and science, consider different options, and evaluate how implementation
of new approaches may impact water quality, water users, and regulated
industries. DEQ will review each topic separately, and will
use a variety of vehicles to conduct a thorough review, including
in-house staff review, independent contractor reports, and technical
workgroups. As DEQ's review of each topic nears completion, DEQ
will develop a fact sheet describing that topic in greater detail;
these fact sheets will be available on DEQ's Web site. This
will assist DEQ and the public in preparing for the rulemaking negotiations.
At
DEQ, the negotiated
rulemaking process
is initiated with a notice and an invitation for all interested
parties to participate. DEQ will develop proposed revisions
to regulations and guidance as appropriate and will provide notice
for a series of public
workshops to collaborate with the public on proposed changes.
DEQ may hold one or more public hearings when revising water quality
standards. |
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Phase
3: Final Public Comment and Amendment and Adoption of New
and
Revised Standards |
DEQ
will hold public comment periods on the new and revised standards
and will respond to comments in order to prepare a final draft of
each regulation. Once a final draft has been prepared, it
must be approved by the Idaho Board of Environmental Quality and
reviewed and not rejected by the Idaho Legislature. At this
point, the new standards become part of Idaho's Administrative Rules.
The new rules will then be submitted to EPA Region 10 for review
and approval. |
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| For More Information |
| 2005-2008
Triennial Review Preliminary Topic Summaries (Detail on five potential
topics) (pdf 820 kb, 11 pages) |
| A
Citizen's Guide to Idaho's Surface Water Quality Rules (pdf
618 kb, 8 pages) This
information summarizes Idaho's water quality standards and is not
intended to be all-inclusive. Detailed requirements are outlined
in DEQ's Water Quality
Standards and Wastewater Treatment Requirements. |
| List
of Potential Review Topics (pdf 54
kb, 4 pages) |
| New!
(12/13/05) Summary
of Priority Topics and Corresponding Action Items (pdf
24 kb, 2 pages) |
| Triennial
Review Fact Sheet (same information as on this Web page, but in
a printer-friendly version) (pdf 109 kb,
2 pages) |
| Triennial
Review Public Scoping: May 2005 Scoping Meetings Oral Comments Summary
(pdf 37 kb, 7 pages) |
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Triennial Review Public Scoping:
Written Public Comment Summary (pdf 110 kb,
8 pages) |
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Note:
Some PDF files do not open properly due to computer setting conflicts.
If you have difficulty opening these or any PDF files, try changing
the default settings in Adobe Acrobat Reader. See DEQ's About
PDF Files (specifically Problem 1, suggestions D, E, and F)
for guidance. |