Idaho Administrative Bulletin
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IDAHO ADMINISTRATIVE BULLETIN Table of Contents Vol-2 January 6, 1999 Volume 99-1 IDAPA 16 - HEALTH AND WELFARE 16.01.02 - WATER QUALITY STANDARDS AND WASTEWATER TREATMENT REQUIREMENTS DOCKET NO. 16-0102-9704 NOTICE OF PROPOSED RULE .............................................................................................................2 SUBJECTS AFFECTED INDEX............................................................................................................................158 CUMULATIVE RULE-MAKING INDEX................................................................................................................159 SUBJECT INDEX.....................................................................................................................................................160 January 6, 1999 Page 1 Volume No. 99-1 IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE 16.01.02 - WATER QUALITY STANDARDS AND WASTEWATER TREATMENT REQUIREMENTS DOCKET NO. 16-0102-9704 NOTICE OF PROPOSED RULE AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has proposed rulemaking. The action is authorized by Sections 39-105, 39-107, and 39-3601 et seq., Idaho Code, and is being conducted to meet the requirements of the Federal Water Pollution Control Act (Clean Water Act). PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this proposed rulemaking will be held as a statewide, interactive video teleconference originating in Boise, Idaho on July 20, 1999 at 7:00 p.m. MDT (6:00 p.m. PDT). Hearing locations are: J. R. Williams Bldg. (Hall of Mirrors) Center for Higher Education East Conference Room Room 314 700 W. State 1776 Science Center Dr. Boise, Idaho Idaho Falls, Idaho College of Southern Idaho Work Force Training Center Evergreen Bldg. Room C91 Room 108 315 Falls Ave. 525 W. Clearwater Loop Twin Falls, Idaho Post Falls, Idaho Idaho State University Lewis & Clark State College Library Room B66 Wittman Bldg. Room 120 850 S. 9th 500 8th Ave. Pocatello, Idaho Lewiston, Idaho The meeting site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the meeting. For arrangements, contact the undersigned at (208)373-0418. DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: The proposed rule text is in legislative format. Language the agency proposes to add is underlined. Language the agency proposes to delete is struck out. It is these additions and deletions to which public comment should be addressed. The basis for the proposed text is to add new aquatic life beneficial uses and criteria; revise recreation beneficial uses and criteria; describe the waters of the state; and modify outdated text. The proposed modifications are also a part of the triennial review of Idaho’s Water Quality Standards. The first major proposal is the addition of two subcategories of the beneficial use aquatic life and corresponding criteria. Cool Water Communities are proposed to describe aquatic life that could exist at conditions between Cold and Warm Water Communities. Next, the designation of Modified Communities depict situations in which natural or man-made alterations limit the attainment of the other aquatic life subcategories. In addition, all waters of the state will be protected for the beneficial uses of agricultural water supply. The second major proposal is to revise the criteria for the beneficial use recreation by replacing fecal coliform criteria with E. coli criteria as it is more reflective of direct contamination from feces of warm-blooded animals. Next, the seasonality condition was removed from the subcategories. Thus, a water body unit will be designated either Primary or Secondary Contact Recreation and must be protected for that use all year. Those water bodies that are currently designated for both subcategories will be designated for Primary Contact Recreation in order to maintain the most protective use. All waters of the state are to be detailed and described. This requires reformatting the tables in Sections 110 through 160 from displaying individual subcategories of beneficial uses to only displaying the categories of Aquatic Life, June 2, 1999 Page 2 Volume No. 99-6 IDAHO ADMINISTRATIVE BULLETIN Docket No. 16-0102-9704 Water Quality Standards and Wastewater Treatment Requirements Proposed Rule Recreation, and Other. Within each box corresponding to a water body unit, the appropriate subcategory for each use will be displayed. For example, under Recreation use either Primary Contact Recreation or Secondary Contact Recreation will be designated. The Other category will be used to display Domestic Water Supply and/or Special Resource Water. Approximately 2,800 water body units will be reflected in the tables. Those water body units currently designated will be transferred from the current table to a reformatted table. For example, Section 110, PB- 10K describes the Kootenai River from the Idaho-Montana border to Moyie River. In the reformatted table, this segment will be captured by Section 110.02, P-36: Kootenai River from Curley Creek to Moyie River, P-37: Kootenai River from Boulder Creek to Curley Creek, and P-41: Kootenai River from the Idaho-Montana border to Boulder Creek. All the of the designations for Section 110, PB-10K are displayed within Section 110.02 P-36, P-37, and P-41. A water body unit includes all tributaries unless designated otherwise. Additional changes are as follows: Section 002. Title and Scope. • Corrects the citation to this rule chapter. Section 003. Definitions. • The following defined words will be added to this section: E.coli, Ephemeral Waters, Hydrologic Unit Code, and Water Body Unit. • "Appropriate Reference Condition" and "Biota" will be deleted from this section. Section 299. Ground Water Quality Standards. • All references to the Ground Water Rule, Section 299, will be deleted. A new Ground Water Rule, IDAPA 16.01.11, was adopted in 1996 and became effective March 20, 1997. This change also involves Section 050. Section 050. Administrative Policy. • 03. Annual Program. Language will be added to this section to define the roles of the Continuing Planning Process and the State’s Water Quality Management Plan. Section 053. Beneficial Use Support Status. • Revised language clarifies that the most recent biological and aquatic habitat parameter guidance is applicable for determining support status. Section 070. Application of Standards • 01. Multiple Criteria. The word "classification" will be changed to "designation" to reflect updated terminology. • 06. Natural Background Conditions. The application of this standard will be expanded from toxic background conditions to include natural background conditions. • 07. Application of Standards to Intermittent and Ephemeral Waters (New Section). Describes the optimum flow conditions required to support aquatic life and recreation uses in intermittent streams. The Idaho Water Quality Standards do not apply to ephemeral waters because the duration of flow is unable to sustain aquatic life or recreation uses. • 08. Temperature Criteria (New Section). Describes the Director’s discretion to waive or raise the temperature criteria as they pertain to a specific water body. Any determination will be consistent with 40 CFR 131.11 and shall be based on a finding that the designated aquatic life use is not an existing use in such water body or would be fully supported at a higher temperature criteria. Section 080. Violation of Water Quality Standards. • 03. E.coli Standard Violation (New Section). Sets forth that a single E. coli sample exceeding the standard does not constitute a violation, but rather triggers the collection of additional samples for the purpose of comparing the results to the geometric mean criteria of Section 251. The section also sets out who is responsible for taking the additional samples. • 04. Temperature Exemption (New Section). States that when the air temperature exceeds the ninetieth percentile of the warmest seven days of the year, any water temperature exceeded will not be considered a violation. Section 100. Surface Water Use Designations. • The language "wherever attainable" will be added to the general description of the section so the standards June 2, 1999 Page 3 Volume No. 99-6 IDAHO ADMINISTRATIVE BULLETIN Docket No. 16-0102-9704 Water Quality Standards and Wastewater Treatment Requirements Proposed Rule will be consistent with the Clean Water Act. The language "water quality appropriate for" will be added to all of the beneficial uses to describe that the water quality standards deal with the quality of the water needed to protect a use. Section 101. Non Designated Surface Waters. • 02. Man-Made Waterways. Language will be added to further clarify that agricultural diversion structures, canals, irrigation ditches, and agricultural return flows are not protected for aquatic life or recreation use, only those uses for which they were developed. Section 109. HUC Index and Abbreviations for Sections 110, 120, 130, 140, 150, and 160 (New Section). • 01. Displays all subbasins, the corresponding HUC number, and placement of the subbasin throughout the state. • 02. Describes the name of individual subbasins, the corresponding HUC number, and the rule section in which the water body units of each subbasin are listed. • 03. Lists the abbreviations used throughout the reformatted designation tables. Section 110. Panhandle Basin. Sets out