Protecting Public Health and the Environment.

Air Quality: Docket No. 58-0101-1902 - Negotiated Rulemaking

Rulemaking initiated to revise the fee structure of a Clean Air Act mandated air permitting program.

Status of Rulemaking

Next negotiated rulemaking meeting date to be determined.

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

This rulemaking has been initiated to revise the fee structure of a Clean Air Act mandated air permitting program.  Major industrial sources of air pollution are required to have a Title V operating permit.  In Idaho, the Title V permitting program is administered by DEQ.  The Clean Air Act requires these industrial sources to pay on-going annual fees to cover all reasonable costs associated with the Title V permitting program (Clean Air Act 42 USC 7661a(b)(3) and implementation regulation at 40 CFR 70.9).  In January 2018, the Idaho National Laboratory (INL) decreased its emissions such that it will no longer be required to have a Title V operating permit and, therefore, will no longer pay Title V permitting fees. Since the inception of the Title V permitting program, the INL has paid a Title V permitting fee of $500,000, which covered far more than its share of program costs. Without this significant sum, DEQ must negotiate a revision to the current fee structure to ensure there is sufficient funding to cover the costs of administering the Title V program in Idaho. Collection of the fees is authorized by Sections 39-115(3), 39-118D and 39-119, Idaho Code.

Method of Participation/Negotiated Rulemaking

Those interested in participating in the negotiated rulemaking process are encouraged to attend the meeting at one of the following locations.  The public may participate by telephone and web conferencing at any of the meeting locations or with individual connections. Individuals interested in participating by telephone and web conferencing should contact Paula Wilson by the date provided in the table below. For those who cannot participate by attending the meeting, written public comment opportunities will be made available throughout the rulemaking process. Any additional meeting dates will be posted below.

Negotiated Rulemaking Meeting Schedule

*ORIGINATING LOCATION – LIVE MEETING*
DEQ State Office
Conference Center
1410 N. Hilton, Boise, Idaho

Next negotiated rulemaking meeting date to be determined.

 

*TELEPHONE AND WEB CONFERENCE LOCATIONS*

DEQ Coeur d’Alene Regional Office
2110 Ironwood Parkway, Coeur d’Alene

DEQ Lewiston Regional Office
1118 F Street, Lewiston

DEQ Twin Falls Regional Office
650 Addison Ave. West, Suite 110 
Twin Falls

DEQ Pocatello Regional Office
444 Hospital Way #300, Pocatello

DEQ Idaho Falls Regional Office
900 N. Skyline, Suite B,
Idaho Falls

 

The meeting locations will be accessible to persons with disabilities, and language translators will be made available upon request. Requests for these accommodations must be made no later than five days prior to the meeting date. For arrangements, contact Paula Wilson.

Previous Meetings

May 30, 2019 – MEETING POSTPONED
May 7, 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 Date Posted Date of Meeting Discussion Written Comment Deadline

Summary / Status of Title V Fee Rulemaking

06/26/19 N/A N/A

Negotiated Rule Draft No. 2

05/22/19 N/A N/A

Title V Fee Rulemaking May 8, 2019 – DEQ PowerPoint Presentation

 

Title V Program Fee Projections – DEQ Excel

 

Title V Facilities Fees Calculations with Fee Rule Increase – DEQ Excel

 

Processing Hours Over Time – DEQ Excel

 

NACAA Title V Fees Survey

5/8/19 5/7/19 5/14/19
Preliminary Draft (Draft No. 1) 04/23/19 05/07/19 05/14/19

 

Written Public Comments

Comment Submitted By Date Received
Comment on Preliminary Draft Rule (Draft No. 1)  Idaho Association of Commerce & Industry (IACI) 5/14/19 
Comment on Preliminary Draft Rule (Draft No. 1) Idaho Solid Waste Association (ISWA) 5/14/19
Comment on Preliminary Draft Rule (Draft No. 1) Clearwater Paper 5/14/19
Comment on Preliminary Draft Rule (Draft No. 1) The Amalgamated Sugar Company (TASCO) 5/14/19

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Staff Contacts

Air Quality Rules and Planning Coordinator
Carl Brown
DEQ State Office
Air Quality Division
1410 N. Hilton
Boise, ID 83706
(208) 373-0206
carl.brown@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