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Senate committee approves DEQ air and hazardous‑waste federal updates; holds PFAS drinking‑water rule for further presentation
Summary
The committee approved two Department of Environmental Quality rule dockets adopting federal regulatory updates for air quality and hazardous waste; the drinking‑water PFAS rule docket was held to allow a fuller presentation at a later meeting.
The Senate Health and Welfare Committee considered three Department of Environmental Quality (DEQ) rule dockets that incorporate federal regulatory changes into Idaho administrative code.
Air quality: Tiffany Floyd, Air Quality Division Administrator, presented Docket 580‑101‑2401, which incorporates federal air regulations through July 1, 2024. Floyd highlighted several federal actions that affect Idaho, including EPA approval of Idaho's removal of a vehicle inspection and maintenance program from the Northern Ada County carbon monoxide nonattainment plan, removal of an EPA "emergency defense" provision that had allowed major sources to avoid liability for emission violations in some cases, and a tightened National Ambient Air Quality Standard for PM2.5 (annual standard lowered from 12 µg/m3 to 9 µg/m3, effective May 6, 2024). Floyd said Idaho currently anticipates meeting the new annual PM2.5 standard statewide, though she noted communities "hovering near that standard" — Pinehurst, Saint Mary's and Salmon — where wood‑smoke (residential wood stoves) is a common source of PM2.5. The docket also reflects federal updates affecting lead smelter emission limits, electronic reporting, refrigeration/air‑conditioning substances and EPA rules to reduce methane and VOC emissions from oil and gas equipment.
Hazardous waste: Michael McCurdy, Waste Management and Remediation Division Administrator, presented Docket 580‑105‑2401. That docket incorporates federal hazardous‑waste rule changes through July 1, 2024, including modifications to EPA Method 23 and technical clarifications to the hazardous waste generator improvement rule, the hazardous waste pharmaceutical rule and the definition of solid waste. McCurdy said there were no written public comments and the Board of Environmental Quality adopted the rule on Nov. 14, 2024.
Drinking water (PFAS): Jeri Henry, Division Administrator for Drinking Water Protection and Finance, and Tyler Fortunati, Drinking Water Bureau Chief, presented Docket 580‑108‑2401, which updates Idaho rules for public drinking water systems to adopt federal PFAS requirements (40 CFR Part 141 as of July 1, 2024, including Subpart Z for PFOS). Fortunati said the changes establish enforceable maximum contaminant levels for PFOS, add federal monitoring, analytical, reporting and recordkeeping requirements and require PFOS sampling for new wells and public systems. He said the regulation will create new regulatory testing for most public water systems; Fortunati estimated an average analytical sample cost around $325 depending on the approved method. DEQ described stakeholder engagement with the Drinking Water Advisory Committee and Water Utility Council and said no written comments were received during the public comment period.
Committee action: The committee voted to approve the air docket (580‑101‑2401) on a voice vote after a brief discussion; Senator VanOrden moved the motion and Senator Harris seconded. The hazardous‑waste docket (580‑105‑2401) was approved on a voice vote after McCurdy's presentation; Senator Harris moved and Senator Blalock seconded. The committee voted to hold Docket 580‑108‑2401 (drinking water PFAS) until a fuller presentation at the chair's call, after Senator VanOrden asked to see the fuller PFAS presentation scheduled for the following day; Senator Harris moved to hold and Senator Wintrow seconded.
Why it matters: Incorporating federal regulatory changes preserves Idaho's program primacy under the Clean Air Act, the Resource Conservation and Recovery Act (hazardous waste) and the Safe Drinking Water Act. The PFAS changes will impose monitoring and testing obligations on many water systems and carry sample costs; DEQ told the committee it will return with a fuller presentation and details.
Next steps: Dockets 580‑101‑2401 and 580‑105‑2401 were approved by the committee and remain in place; the PFAS drinking‑water docket will return for committee consideration after DEQ's scheduled presentation.
