Laws & Regulations

Water Quality Standards Applicable to Surface Waters in Idaho

Fact Sheet; EPA-823-F-97-005; July 1997

The U.S. Environmental Protection Agency is establishing water quality standards applicable to surface waters in Idaho. EPA is promulgating aquatic life use designations for 5 specific waterbodies and establishing temperature criteria to protect bull trout spawning and rearing in 1,877 specific waterbodies. Additionally, EPA is promulgating a federal rule to supersede the state's excluded waters provision. EPA is taking this action because Idaho's water quality standards are inconsistent with the Clean Water Act and EPA's implementing regulations.

Federal Authority

Under the Clean Water Act (CWA), States and Tribes have the primary responsibility for developing and implementing water quality standards. The CWA requires that States and Tribes review their standards at least once every three years and to submit the results to EPA for its review. EPA is required to either approve or disapprove such standards, depending on whether they meet the requirements of the Act. Where EPA disapproves a standard, and the State or Tribe does not revise the standard to meet EPA's objection, the Act requires the Agency to promptly propose substitute federal standards and to promulgate final federal standards 90 days thereafter.

Background

On July 11, 1994, Idaho submitted its complete set of water quality standards to EPA. On October 25, 1995, EPA gave Idaho advance notice of deficiencies with the state's 1994 standards submission. On June 25, 1996, EPA approved some portions and disapproved other portions of those standards. EPA was sued by three environmental groups over allegations that the Agency had failed to take timely action on Idaho's water quality standards submittal and failed to promulgate revised water standards. In an order dated February 20, 1997, as modified on March 24, 1997, the U. S. District Court for the Western District of Washington ordered EPA to propose water quality standards by April 21, 1997, and to promulgate final standards 90 days thereafter (July 21, 1997).

On April 28, 1997 (62 FR 23003), EPA proposed Federal water quality standards to supersede those portions of Idaho's water quality standards that were disapproved on June 25, 1996. Those provisions included the State's default beneficial use designation for unclassified ("undesignated") waters, the beneficial use designations for 53 specific stream segments, numeric criteria for temperature, portions of the State's mixing zone and antidegradation policy, and a provision that excludes some waters from having to comply with water quality standards.

Since the time of proposal, Idaho has taken action to remedy many of the original disapproval items described above. The actions included providing additional information to EPA, and adopting revised state water quality standards. Therefore, today's final rule is much narrower in scope than the original proposal. Consistent with Agency policy and practices, EPA will withdraw the Federal standards included in the final promulgation if the State adopts standards that are subsequently approved by EPA.

Today's Action

In accordance with the court order, EPA is establishing federal water quality standards for certain aspects of Idaho's standards that EPA disapproved on June 25, 1996, and that Idaho has not addressed. EPA's final rule will ensure that (1) 5 water body segments not currently designated for fishable uses will have an aquatic life use; (2) the numeric criteria for temperature will adequately protect bull trout (proposed for listing under Section 7 of the Endangered Species Act, 62 FR 32268); and (3) where waters on privately-owned lands are waters of the U.S., those waters will be protected in the same way other unclassified waters are protected.

In addition, in recognition that new information (supporting either enhanced or less stringent protection) may become available over time, EPA has incorporated flexibility in today's final rule. This flexibility consist of a provision which allows site-specific adjustments to the bull trout temperature criteria; a provision which allows the list of bull trout waters to be modified; and a variance provision for temporary site-specific relief from the criteria associated with the federal aquatic life use designation.

Today's rule will be added to Title 40 of the Code of Federal Regulations at section 131.33.

Costs and Benefits

EPA's rule does not itself establish any requirements directly applicable to regulated entities. The designated uses and water quality criteria in today's rule are not enforceable requirements until separate steps are taken to implement them. Until actions are taken to implement these designated uses and criteria, there will be no economic effect on any entity. Nonetheless, in the short time frame dictated by the Court, EPA attempted to assess, to the best of its ability, compliance costs for facilities that could eventually be indirectly affected by today's rule.

Water quality standards may serve as a basis for development of NPDES permits limits. That is, water quality standards are implemented in NPDES permits. EPA prepared a preliminary analysis to evaluate potential costs to NPDES dischargers in Idaho associated with future implementation of EPA's federal standards. Given that there are a number of uncertainties in the analysis and different choices to be made at the time of permit development, EPA's estimated potential annualized costs range from $2-20 million. EPA also estimates, depending on the scenario selected, the total pollutant load reductions to range from 21-98 percent (of a total pollutant load of 71,000 toxic pound equivalents per year) with cadmium, lead, mercury and silver accounting for most of the load reductions.

For more information

View the Federal Register notice (published July 31, 1997)

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