Protecting Public Health and the Environment.

Omnibus Rulemaking: Docket No. 58-0000-1900 - Pending Rule

Rulemaking initiated to adopt and re-publish existing and previously approved and codified rule chapters under IDAPA 58 rules of the Department of Environmental Quality.

Status of Rulemaking

Pending rule adopted by Board on October 7, 2019.  Final and effective upon adjournment of 2020 legislative session if approved by the Idaho Legislature.

Effective Date

June 30, 2019 (temporary)

2020 Legislative Rules Review

DEQ Pending rule dockets submitted to the following committees for review:
Senate Resources & Environment Committee and House, Environment, Energy & Technology Committee

 

October 2019 Board of Environmental Quality Meeting - Pending Rule

 

May 2019 Board of Environmental Quality Meeting - Temporary Rule

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

This rulemaking adopts and re-publishes the following existing and previously approved and codified rule chapters under IDAPA 58 rules of the Department of Environmental Quality:

IDAPA 58.01.02, Water Quality Standards

IDAPA 58.01.04, Rules for Administration of Wastewater Treatment Facility Grants

IDAPA 58.01.10, Rules Regulating the Disposal of Radioactive Materials Not Regulated Under the Atomic Energy Act of 1954, As Amended

IDAPA 58.01.16, Wastewater Rules

IDAPA 58.01.21, Rules Governing the Protection and Disclosure of Records in the Possession of DEQ

IDAPA 58.01.22, Rules for Administration of Planning Grants for Public Drinking Water Facilities

IDAPA 58.01.23, Rules of Administrative Procedure Before the Board of Environmental Quality,

IDAPA 58.01.24, Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites

Public Comment Opportunities

Submit all written comments by mail, fax or email to:

Paula Wilson
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481, paula.wilson@deq.idaho.gov

Comment Deadline

July 10, 2019

Written Public Comments on Proposed Rule

Submitted By 

Date
Received

 No comments were received  

Temporary Rule Justification

Pursuant to Section(s) 67-5226(1) and 67-5226(2), Idaho Code, the governor has found that temporary adoption is appropriate for the following reasons:                                                       

These temporary rules are necessary to protect the public health, safety, and welfare of the citizens of Idaho and confer a benefit on its citizens. These previously approved and codified rules implement the duly enacted laws of the state of Idaho, provide citizens with the detailed rules and standards for complying with those laws, and assist in the orderly execution and enforcement of those laws. The expiration of these rules without due consideration and processes would undermine the public health, safety and welfare of the citizens of Idaho and deprive them of the benefit intended by these rules. The Department of Environmental Quality (DEQ) would not be able to fulfill its statutory obligations without these rules. The state of Idaho would lose primacy over federal environmental laws without these rules. These rules are central to DEQ’s mission to protect human health and the quality of Idaho’s air, land, and water.

Negotiated Rulemaking

Pursuant to Section 67-5220(2), Idaho Code, negotiated rulemaking was not feasible because of the need to adopt the rules as temporary, and because these existing chapters of IDAPA are being re-published and re-authorized. Negotiated rulemaking also is not feasible because of the need to implement these rules before they expire; the rules form the regulatory framework of the laws of this state and have been previously promulgated and reviewed by the Legislature pursuant to the Idaho Administrative Procedures Act, Chapter 52, Title 67, Idaho Code; and because engaging in negotiated rulemaking for all previously existing rules will inhibit the agency from carrying out its ability to serve the citizens of Idaho and to protect their health, safety, and welfare.


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Staff Contacts

Administrative Rules Coordinator
Paula Wilson
DEQ State Office
Attorney General's Office
1410 N. Hilton
Boise, ID 83706
(208) 373-0418
paula.wilson@deq.idaho.gov