ID HJM004

Idaho submitted revised Human Health Water Quality Criteria rules to the EPA on December 16, 2016, which were approved on April 4, 2019, based on a state-funded longitudinal study by Boise State University determining actual fish consumption rates.

The EPA published proposed nationwide regulations on December 5, 2022 (87 Fed Reg. 74361) that would establish water quality standards based on 19th century Indian treaties rather than actual fish consumption rates.

The proposed EPA rules allegedly ignore Executive Order 13132 requirements for federalism implications and fail to provide cost estimates despite potentially increasing compliance costs through new permit limits for regulated entities.

Idaho's legislature opposes the EPA-proposed rules as circumventing science, invalidating Idaho's water quality standards, violating the Clean Water Act's directive that states retain primary responsibility for state waters, and violating federalism principles.

The Chief Clerk of the House is directed to forward copies of this memorial to Congress leadership, Idaho's congressional delegation, the Governor, and the Attorney General.