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DEQ transfers petroleum-related sections out of water-quality standards to consolidate rulemaking
Summary
DEQ presented a companion rule docket (5-801-022401) to transfer Sections 851 and 852 from the water-quality standards chapter (IDAPA 5-801-0102) to the petroleum release chapter (5-801-124) to align petroleum-related requirements with federal elements for water quality standards and simplify rule management.
The Department of Environmental Quality asked the committee to approve a companion docket (IDAPA 5-801-022401) to transfer two petroleum-related sections (851 and 852) out of the water-quality standards chapter (IDAPA 5-801-0102) and into the petroleum-release chapter (IDAPA 5-801-124).
Water-quality standards (40 CFR part 131 elements) typically cover designated uses and numeric criteria to protect public health and aquatic life; DEQ staff explained that Sections 851 and 852 — which relate to petroleum release reporting and corrective action — are not part of federal water-quality-standards requirements and therefore belong in the petroleum-release chapter. "So this transfer simplifies rule management and aligns petroleum related standards within the appropriate regulatory framework," a DEQ presenter said.
DEQ said water-quality staff attended negotiated rulemaking for the petroleum chapter to ensure consistency but did not hold separate negotiated sessions for the transfer. DEQ published the proposed rule in the Idaho Administrative Bulletin on Sept. 4, 2024, accepted public comment through Oct. 4, 2024 and received no comments; the Board approved the transfer Nov. 14, 2024. The committee did not vote during this hearing.
