Air Quality: Docket No. 58-0101-1801- Proposed Rule
Rulemaking initiated to update and clarify certain air quality permitting sections.
Status of Rulemaking
Proposed rule open for public comment August 1 through September 5, 2018.
Rulemaking Documents Required by Idaho Administrative Procedure Act
DEQ initiated this rulemaking to update and clarify certain air quality permitting sections. The proposed revisions include minor rule clarifications for sources seeking air quality permits or exemptions from permitting. The revisions also include resolving inconsistencies in rule language, removing outdated references, adding provisions for renewing operating permits, and correcting typographical errors.
Members of the regulated community who may be subject to Idaho's air quality rules, special interest groups, public officials, and members of the public who have an interest in the regulation of air emissions from sources in Idaho may be interested in commenting on this proposed rule. After consideration of public comments, DEQ intends to present the final proposal to the Idaho Board of Environmental Quality (Board) in November 2018 for adoption of a pending rule. The rule is expected to be final and effective upon adjournment of the 2019 legislative session if adopted by the Board and approved by the Legislature. DEQ will submit the final rule to EPA.
Submit all written comments by mail, fax or email to:
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481, email@example.com
September 5, 2018
Written Public Comments
|Submitted By||Date Received|
The text of the proposed rule was drafted based on discussions held and concerns raised during negotiations conducted pursuant to Idaho Code § 67-5220 and IDAPA 58.01.23.810-815. The Notice of Negotiated Rulemaking was published in the April 2018 issue of the Idaho Administrative Bulletin, and a preliminary draft rule was made available for public review. Meetings were held on May 1 and June 12, 2018. Key information was posted on the DEQ rulemaking web page and distributed to the public. Members of the public participated in the negotiated rulemaking process by attending the meetings and by submitting written comments.
All comments received during the negotiated rulemaking process were considered by DEQ when making decisions regarding development of the rule. At the conclusion of the negotiated rulemaking process, DEQ formatted the final draft for publication as a proposed rule and is now seeking public comment. The negotiated rulemaking record, which includes the negotiated rule drafts, written public comments, documents distributed during the negotiated rulemaking process, and the negotiated rulemaking summary, is available on this web page.
Negotiated Rulemaking Meeting Schedule
No additional meetings are scheduled.
Draft Negotiated Rule and Related Documents
|Draft Negotiated Rule||Date Posted||Date of Meeting Discussion||Written Comment Deadline|
|Draft No. 4||06/29/18||N/A||DEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the August 1, 2018, issue of the Idaho Administrative Bulletin. The proposed rule comment deadline is September 5, 2018|
|DEQ’s Response to Comments on Draft No. 3.1||06/29/18||N/A||N/A|
Draft No. 3.1
|Draft No. 2||06/08/18||06/12/18||N/A|
|Examples of How DEQ Interprets the Word “Addressed” in Subsection 210.20||05/22/18||06/12/18||N/A|
|Preliminary Draft (Draft No. 1)||04/02/18||05/01/18||05/18/18|
Written Public Comments
|Comment||Submitted By||Date Received|
|Comment on Draft No. 3.1||Idaho Conservation League (ICL)||06/18/18|
|Comment on Draft No. 3.1||TORF Environmental Management||06/21/18|
|Comment on Draft No. 3.1||J.R. Simplot Company||06/21/18|
|Comment on Draft No. 3.1||Idaho Association of Commerce & Industry (IACI)||06/22/18|
|Comment on Draft No. 2||Stoel Rives LLP||06/11/18|
|Comment on Draft No. 1||TORF Environmental Management||05/17/18|
|Comment on Draft No. 1||Idaho Association of Commerce & Industry (IACI)||05/18/18|
|Comment on Draft No. 1||J.R. Simplot Company||05/18/18|
|Comment on Draft No. 1||Idaho Solid Waste Association (ISWA)||05/18/18|