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DEQ dockets: committee approves federal incorporations for air quality and hazardous waste; holds PFAS drinking-water rule for full presentation
Summary
The Health and Welfare Committee approved two Department of Environmental Quality incorporation-by-reference dockets—air quality (docket 5801012401) and hazardous waste (docket 5801052401)—and held the drinking-water PFAS docket (5801082401) until a follow-up presentation the next day.
The Senate Health and Welfare Committee approved two Department of Environmental Quality rule dockets that incorporate federal regulatory updates into state rules and deferred action on a third docket addressing PFAS in drinking water.
Tiffany Floyd, Air Quality Division administrator at DEQ, told the committee docket 5801012401 would incorporate federal air-quality regulations through July 1, 2024, into Idaho rules to preserve program primacy and avoid duplicative language. Floyd highlighted several federal actions that affect Idaho, including EPA approval of Idaho's removal of a vehicle inspection program for Northern Ada County's carbon-monoxide nonattainment plan and a federal change lowering the annual PM2.5 (particulate matter 2.5) standard from 12 micrograms per cubic meter to 9 (effective May 6, 2024). Floyd noted some Idaho communities — Pinehurst, St. Maries and Salmon — are "hovering" near the new PM2.5 standard and said DEQ is working with local leaders on outreach.
DEQ inserted clarifying definitions that were inadvertently deleted during earlier rulemaking, including "toxic air pollutant," "carcinogenic increments," "non-carcinogenic increments" and the Chemical Abstracts Service (CAS) number references. Floyd said these were not new definitions but corrections to restore previously adopted text. The committee approved the air-quality docket 5801012401 on a voice vote after a motion from Senator Van Orden and a second by Senator Harris.
Michael McCurdy, Waste Management and Remediation Division administrator at DEQ, presented docket 5801052401, the annual incorporation by reference for federal hazardous-waste regulations through July 1, 2024. McCurdy said the docket adopts federal method changes (including EPA Method 23 corrections) and technical clarifications to the hazardous-waste generator improvement rule, the hazardous-waste pharmaceutical rule and the definition of solid waste. The docket was approved by voice vote on a motion by Senator Harris and seconded by Senator Blaylock.
DEQ's docket 5801082401 updates Idaho's drinking-water rules to incorporate federal PFAS regulations (40 CFR part 141, updated through 07/01/2024) and to establish maximum contaminant levels and monitoring and reporting requirements for certain PFAS chemicals. Jeri Henry, DEQ's drinking water protection and finance division administrator, and Tyler Fortunati, drinking water bureau chief, said the adoption is intended to protect approximately 1.5 million Idaho residents served by roughly 1,000 public water systems regulated under the rules. Fortunati confirmed most public water systems would face new regulatory testing; average sampling cost was estimated in committee at about $325 per sample.
Because committee members requested a fuller presentation, Senator Van Orden moved that the committee hold docket 5801082401 until the chair calls it; Senator Harris moved to hold and Senator Wintrow seconded. The committee approved holding the PFAS docket by voice vote; DEQ will present additional detail the next day.
Next steps: The air-quality and hazardous-waste dockets are approved to remain consistent with federal regulations; the drinking-water PFAS docket will be presented again to the committee at a later time when members can review the additional material DEQ offered to provide.
