Protecting Public Health and the Environment.

Air Quality: Docket No. 58-0101-1901 - Negotiated Rulemaking

Rulemaking initiated to update the rules applicable to prescribed burning to ensure that smoke from this type of burning is properly managed and public health is protected.

Status of Rulemaking

Next negotiated rulemaking meetings September 29 and October 1 and 6, 2020. Subject matter for each meeting date is posted in the Negotiated Rulemaking Schedule.

Frequently Asked Questions

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

Prescribed fire has long been used as a forest management tool in Idaho, and its use is expected to increase due to large wildfires becoming more frequent in the Western U.S. However, if not managed properly, smoke from prescribed burning may endanger human health. DEQ’s air quality rules include prescribed burning as an allowable form of open burning when smoke emissions are managed. The prescribed burning rules have two goals:  protect public health and provide flexibility to land managers to use prescribed fire as a management tool.

DEQ initiated this rulemaking to update the rules applicable to prescribed burning to ensure that smoke from this type of burning is properly managed and public health is protected. With the increase in the use of prescribed fire, the management of smoke from it is becoming more important.

Method of Participation/Negotiated Rulemaking

Those interested in participating in the negotiated rulemaking process are encouraged to attend the scheduled meeting via telephone and video conferencing. Individuals interested in participating should contact Paula Wilson. For those who cannot participate by attending the meeting, public comment opportunities will be made available throughout the rulemaking process. To sign up for email notifications, contact Paula Wilson.

Negotiated Rulemaking Meeting Schedule

MEETING SET FOR PUBLIC PARTICIPATION VIA TELEPHONE AND VIDEO CONFERENCING

September 29, 2020, 9:30 a.m. to 4:30 p.m. MDT

Agenda

Short Duration prescribed fire related rule sections, definitions, and the general conditions sections that apply

October 1, 2020, 9:30 a.m. to 4:30 p.m. MDT

Agenda

Minor prescribed fire related rule sections, definitions, and the general conditions sections that apply

October 6, 2020, 9:30 a.m. to 4:30 p.m. MDT

Agenda

Major and Recognized Smoke Management Group prescribed fire related rule sections, definitions, and the general conditions sections that apply

Contact Paula Wilson to sign up for participation by
telephone and video conferencing.

Please specify which meeting(s) you plan to attend.

In an effort to reduce and slow coronavirus spread, DEQ will hold this meeting via telephone and video conferencing. Language translators will be made available upon request.  Requests must be made no later than five (5) days prior to the meeting date.  For arrangements, contact Paula Wilson.

Previous Meetings

February 11, 2020 Agenda | Sign-in Sheets

November 25, 2019 - Agenda | Sign-in Sheets

August 1, 2019 - Agenda | Sign-in Sheets

June 20, 2019 - Agenda | Sign-in Sheets

May 10, 2019 - Agenda | Sign-in Sheets

April 9, 2019 - Agenda | Sign-in Sheets

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

Draft Negotiated Rule and Meeting Presentations

Draft Negotiated Rule and Meeting Presentations Date Posted Date of Meeting Discussion Written Comment Deadline
Negotiated Rule Draft No. 3 9/15/20

 

9/29/20 – Short Duration

10/1/20 - Minor

10/6/20 – Major and Recognized Smoke Management Group

 

10/15/20

10/15/20


10/20/20

Version 1 Draft Field  Guide

9/15/20 

9/29/20

10/1/20

10/6/20

N/A

Summary / Status of Prescribed Burning Rulemaking

2/19/20

2/11/20 N/A

Prescribed Burning Negotiated Rulemaking Meeting 5 November 25, 2019 - DEQ PowerPoint Presentation

12/2/19

11/25/19 1/8/20

Negotiated Rule Draft No. 2

11/15/19

11/25/19 1/8/20

Prescribed Burning Negotiated Rulemaking Meeting 4 August 1, 2019 – DEQ PowerPoint Presentation

DEQ Real-Time Air Monitoring

DEQ Annual Ambient Air Quality Monitoring Network Plan

8/5/19 

8/1/19 8/30/19

Preliminary Draft Rule (Draft No. 1)

7/25/19 

8/1/19 8/30/19

Prescribed Fire Negotiated Rulemaking June 20, 2019 – DEQ PowerPoint Presentation

National Emissions Inventory (NEI)

The 2017 NEI has not been posted on the EPA website. The most recent NEI is for 2014.

Idaho DEQ’s Open Burning Map

Crop Residue Burning Operating Guide (This link is provided as an example of the type of information found in an operating guide.)

6/21/19 

6/20/19

N/A 

Prescribed Fire Negotiated Rulemaking May 10, 2019 – DEQ PowerPoint Presentation

5/13/19

 

5/10/19

 

5/30/19

 

Prescribed Fire Negotiated Rulemaking April 9, 2019 – DEQ PowerPoint Presentation

Montana/Idaho Airshed Group (resource for current burn map provided in the April 9, 2019 DEQ PowerPoint Presentation)

BLM PowerPoint Presentation

4/10/19  4/09/19   4/16/19

A preliminary draft rule was not posted for public review prior to the first meeting. The first meeting has been scheduled for the purpose of discussing the current state of smoke management in Idaho, an overview of the ecology of fire, and the future of prescribed fire activity.  

     

 

Written Public Comments

Comment Submitted By Date Received
Comment on Negotiated Rule Draft No. 2 Idaho Forest Owners Association 6/22/20
Comment on Negotiated Rule Draft No. 2 The Nature Conservancy in Idaho 1/8/20
Comment on Negotiated Rule Draft No. 2 Idaho Association of Commerce & Industry 1/8/20
Comment on Negotiated Rule Draft No. 2 Riley Stegner and Associates on behalf of Bennett Lumber Products, Hancock Forest Management, Idaho Forest Group, Molpus Woodlands Group, PotlatchDeltic, and Stimson Lumber Company 1/8/20
Comment on Negotiated Rule Draft No. 2 U.S. Forest Service 1/8/20
Comment on Negotiated Rule Draft No. 2 John Kinne 1/6/20
Comment on Negotiated Rule Draft No. 2 Mike Reggear 12/30/19
Comment on Negotiated Rule Draft No. 2 Idaho Conservation League (ICL) 12/20/19
Comment on Negotiated Rule Draft No. 2 Associated Logging Contractors (ALC) 11/22/19
Comment on Preliminary Draft Rule (Draft No. 1) U.S. Forest Service 8/30/19
Comment on Preliminary Draft Rule (Draft No. 1) Riley Stegner and Associates on behalf of Bennett Lumber Products, Hancock Forest Management, Idaho Forest Group, Molpus Woodlands Group, PotlatchDeltic, and Stimson Lumber Company 8/29/19
Comment on Preliminary Draft Rule (Draft No. 1) Glen Burkhardt, Bureau of Land Management (BLM) 8/28/19
Comment on Preliminary Draft Rule (Draft No. 1) Associated Logging Contractors (ALC) 8/26/19
Comment on Preliminary Draft Rule (Draft No. 1) Jim Rehder, Cottonwood, Idaho 8/6/19
Comment on Preliminary Draft Rule (Draft No. 1) CapitolWest Consultants on behalf of Associated Logging Contractors (ALC) 8/2/19
Comment on Preliminary Draft Rule (Draft No. 1) Joseph Adamski, Bureau of Land Management (BLM) 8/1/19
Comment on Preliminary Draft Rule (Draft No. 1) John Kinne, Kootenai, Idaho 8/1/19
Comment on 6/20/19 meeting presentation Associated Logging Contractors (ALC) 6/24/19
Comment on 5/10/19 meeting presentation Adams County Commissioner Viki Purdy 6/7/19
Comment on 5/10/19 meeting presentation Washington County Commissioners 5/30/19
Comment on 5/10/19 meeting presentation Jacob Odekirk 5/28/19
Comment on 5/10/19 meeting presentation Kevin Chaffee, NCF 5/10/19
Comment on 4/9/19 meeting presentation  

Idaho Conservation League (ICL)

4/15/19 
Comment on 4/9/19 meeting presentation Jim Rehder, Cottonwood, Idaho 4/11/19
Comment on 4/9/19 meeting presentation Intermountain Society of American Foresters Snake River Chapter 4/9/19

Additional Information

Additional Information

National Wildfire Coordinating Group (NWCG) Smoke Management Guide for Prescribed Fire (February 2018)

Natural Resources Conservation Services (NRCS) Basic Smoke Management Practices
(October 2011)

DEQ Policy Statement PS20-05: Air Quality Administrative Penalties

Treatment of Data Influenced by Exceptional Events, EPA Rule and Guidance

Institutions with Sensitive Populations, (ISP) GIS shape file 

Current Montana/Idaho Airshed Group Airshed Definitions, Impact Zones GIS file 

Current Nonattainment area GIS file

Combined GIS layers with PM Advance Areas of Current Actions

DEQ Real-Time Air monitoring

DEQ Annual Ambient Air Quality Monitoring Network Plan

 

National Emissions Inventory (NEI)
The 2017 NEI has not been posted on the EPA website. The most recent NEI is for 2014.

Idaho DEQ’s Open Burning Map 

Crop Residue Burning Operating Guide
(This link is provided as an example of the type of information found in an operating guide.)

Montana/Idaho Airshed Group
(resource for current burn map provided in the April 9, 2019 DEQ PowerPoint Presentation)

Idaho Prescribed Fire Council Flier
For more information and to sign up for the prescribed fire council email list, go to www.IdahoPrescribedFireCouncil.org

Open Burning of Crop Residue State Implementation Plan (SIP) Revision (DEQ, May 2008)
History of development of the program is located in Section 1

Policy Barriers and Opportunities: Strategies for increasing prescribed fire application on federal lands from cases studies in the US West (Northwest Fire Science Consortium and Southern Rockies Fire Science Network Webinar, January 27, 2020)


Page Subscription

Staff Contacts

Smoke Management Supervisor
Mark Boyle
DEQ Coeur d'Alene Regional Office
2110 Ironwood Parkway
Coeur d'Alene, ID 83814
(208) 666-4607
mark.boyle@deq.idaho.gov

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