Idaho Admin. Code r. 58.01.02.007 - EFFECTIVE FOR CLEAN WATER ACT PURPOSES

01. Alaska Rule. Water quality standards adopted and submitted to EPA since May 30, 2000, are not effective for federal Clean Water Act (CWA) purposes until EPA approves them (see 40 CFR 131.21 ). This is known as the Alaska Rule. The process for revising the Idaho water quality standards subject to EPA review and approval, while also retaining the rules effective for CWA purposes, is set out in Subsections 007.02 and 007.03. (3-31-22)

02. Existing Rule Retained for Clean Water Act Purposes Until EPA Approval of Rule Revisions. (3-31-22)

a. When proposing revisions, the Department will make the proposed revisions using legislative format and, in the same rule docket, retain the existing rule that continues to be effective for CWA purposes until the date EPA issues written notification that the rule revisions have been approved. (3-31-22)

b. Notations explaining the effectiveness of both versions of the rule will be included along with the rule text. (3-31-22)

c. Upon the date EPA issues written notification that the rule revisions have been approved, the revised rule will become effective for CWA purposes and the previous rule and notations will be deleted from the Idaho Administrative Code. (3-31-22)

d. In the event EPA issues written notification that the rule revisions have been disapproved, the existing rule effective for CWA purposes will continue to apply. The disapproved rule revisions and notations will be deleted from the Idaho Administrative Code. (3-31-22)

03. Previously Approved Rules. Pursuant to 40 CFR 131.21(e), previously approved rules remain in effect for CWA purposes until a replacement water quality standard is promulgated by the state and approved by EPA or a more stringent federal standard is promulgated. (3-31-22)

04. Information Regarding the Status of EPA Review. Information regarding the status of EPA review will be posted at http://www.deq.idaho.gov/epa-actions-on-proposed-standards. (3-31-22)

Notes

Idaho Admin. Code r. 58.01.02.007