Senate Resources & Environment Committee approves multiple DEQ rule updates, delays wastewater rewrite vote

The Senate Resources & Environment Committee on Jan. 19 approved multiple Idaho Department of Environmental Quality (DEQ) rule dockets that align state regulations with recent U.S. Environmental Protection Agency actions, and postponed action on a comprehensive wastewater chapter rewrite after the panel could not hear a remote witness.

Mary Anne Nelson, Surface and Wastewater Division Administrator at DEQ, told the committee that Docket 58-0102-2501 updates Idaho’s Water Quality Standards to reflect final EPA decisions under the Clean Water Act. Nelson said the rulemaking removed arsenic from a hardness-dependent table and restored EPA-approved thermal provisions, and the committee approved the docket on a motion by Senator Okuniewicz, seconded by Senator Harris; the motion carried by voice vote.

Nelson described the wastewater chapter rewrite, Docket 58-0116-2501, as intended to “ensure wastewater systems were planned and built in a manner that protected public health, safeguarded surface and groundwater quality, and ensured long-term system reliability and safety.” She told senators DEQ added the 1997 Idaho Waste Management Guidelines for Aquaculture Operations as a referenced material, revised gray-water language, restored the definition of “pollutant” after stakeholder input, and clarified which aquaculture components require plan review consistent with Idaho Code § 39-118(5). Because a registered remote testifier could not be heard due to technical difficulties, Senator Harris moved to hold the docket subject to call of the Chair; Senator Guthrie seconded and the motion carried.

Michael McCurdy, Waste Management and Remediation Division Administrator, presented Docket 58-0105-2501, the annual incorporation by reference of federal hazardous waste regulations through July 1, 2025, noting the addition of 40 CFR Part 271 to the incorporated federal provisions. McCurdy said there were no public comments and that a portion of the e-Manifest electronic tracking system was the only substantive federal change in the past year. The committee approved that docket on a motion by Senator Guthrie, seconded by Senator Harris; the motion carried by voice vote.

McCurdy also reviewed Docket 58-0106-2501, a Zero-Based Regulation rewrite of the solid waste chapter that reorganized sections (wastes not regulated, applicability, definitions, and incorporation by reference), removed duplicative language, and clarified Tier I–III classifications for non-municipal landfills. Senator Guthrie asked whether moving language between chapters could change meaning; McCurdy said DEQ adds specific definitions in a rule when contextual differences matter. The committee approved the solid waste docket on a motion by Senator Harris, seconded by Senator Okuniewicz; the motion carried by voice vote.

Michael Simon, Air Quality Division Administrator, reviewed Docket 58-0101-2501, the annual incorporation by reference of federal air regulations through July 1, 2025. Simon said EPA approved updates to Idaho’s SIP and noted federal changes including revisions to the secondary sulfur dioxide standard, updates to AERMOD modeling guidance, electronic reporting requirements for some engines, and lower emission standards for certain new bulk gasoline distribution sources; the committee approved the air rules on a motion by Senator Guthrie, seconded by Senator Harris.

The meeting adjourned at 2:27 p.m. Vice Chairman Hart presided; the minutes were attested by Secretary Shelly Johnson. Several dockets moving forward will update state code to match federal standards and clarify DEQ practices; the wastewater chapter rewrite will return to the committee once remote testimony is available.