Water Quality Ruling Is Far From Crystal Clear State Official Steamed At Judge Ordering Federal Takeover

A judge’s order to the U.S. Environmental Protection Agency to take over Idaho’s water quality program is “symptomatic of a federal agency’s switching rules in midstream,” a state official charges.

“It is small wonder that citizens distrust the federal government,” Idaho Division of Environmental Quality Administrator Wally Cory said Thursday. He added the state will ultimately retain authority over its water program.

On Monday, U.S. District Judge William Dwyer ruled the EPA had allowed Idaho too long to comply with the federal Clean Water Act. He gave the EPA 60 days to promulgate certain water quality guidelines for 106,000 miles of the state’s waterways.

Dwyer said the EPA must do that because the state rules failed to designate water uses and set temperature standards, and do not apply to private waters.

Conservation groups which sued the EPA hailed the latest decision as a way to provide clean water for swimming, as well as protect habitat for salmon and bull trout.

Cory believes the EPA will ask the state to redraft parts of the water quality guidelines.

He added those standards have been in place for about 15 years, were subject to review every three years and were approved by the EPA. That agency was supposed to take action on them within 90 days of each submission by the state.

Most recently, the rules sent to EPA were approved, but not in a timely manner - 1-1/2 years later, Cory said. Environmental Protection reversed itself and sent the state a letter of disapproval.

Then, the EPA changed directions again and told the federal court its disapproval of the rules had been a mistake, he said.

“Judge Dwyer obviously did not buy that,” Cory said.

Cory said his agency is working to implement complicated laws in a time of shrinking budgets and the demand for more efficient government. “But we are taking stands on shifting sands,” he said. “Somehow, some way, however, we will get it done. And the state will retain full authority over its water quality program. That’s the bottom line.”