Protecting Public Health and the Environment.

Ore Processing by Cyanidation: Docket No. 58-0113-1901 - Negotiated Rulemaking

Rulemaking initiated in response to Idaho Mining Association’s request for rulemaking.

Status of Rulemaking

Negotiated rulemaking meeting February 6, 2020.

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

The Idaho Mining Association (IMA) requested, via letter submitted to the DEQ director on March 18, 2019, that DEQ revise the rules to move away from prescriptive design and construction requirements to performance-based outcomes for design, construction and closure. The current rules, adopted by the Idaho Board of Environmental Quality in 2005 and approved by the Idaho Legislature in 2006, adopted minimum design and construction criteria for all cyanidation facilities. IMA’s letter to DEQ states that technologies and industry best practices for cyanidation facilities have changed since 2006. Negotiated rulemaking is necessary to evaluate such changes and determine if the rules should be updated.

The rules will be evaluated and revised as appropriate to account for current best available technologies or best practices for design, construction and closure of cyanidation facilities that can achieve necessary regulatory goals of protecting human health and the environment. The negotiated rulemaking is anticipated to address the following:

  1. applicability of the design criteria to different types of cyanidation facilities;
  2. consideration of a broader range of acceptable materials included in the design;
  3. broader interpretation of performance and compliance regarding constructability of leak detection systems;
  4. variability in design approach based on the physical characteristics of impounded materials;
  5. variability in design approach based on the chemical characteristics of impounded materials and process water; and
  6. cyanidation permit application and administration, including recovery of costs incurred by DEQ in processing permit applications and administering issued permits.

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. To sign up for email notifications, contact Paula Wilson.

Negotiated Rulemaking Meeting Schedule

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

February 6, 2020 9 a.m. to 12:30 p.m. MST

Agenda

Contact Paula Wilson by January 30, 2020 to make arrangements for participation by telephone and web conferencing.

March 13, 2020, 9 a.m. to 12:30 p.m. MDT

Contact Paula Wilson by March 6, 2020, to make arrangements for participation by telephone and web conferencing.

*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

December 10, 2019 - Agenda | Sign-in Sheets
October 16, 2019 - Agenda | Sign-in Sheets
August 6, 2019 - Agenda | Sign-in Sheets
June 27, 2019 - Agenda | Sign-in Sheets
May 31, 2019 - Agenda| Sign-in Sheets
May 3, 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. 4
This rule draft includes:

  • definitions and other rule sections pulled into the draft for easier review of complete rule chapter
  • revisions made for consistency with Senate Bill 1216
  • revisions made per discussion item number 6 listed in the (Second) Notice of Negotiated Rulemaking published in the Idaho Administrative Bulletin on February 5, 2020
1/28/20  2/6/20  2/18/20 

Idaho Code § 39-118A Legislation RS27203
(2020 legislative session)

12/17/19 12/10/19 N/A

Negotiated Rule Draft No. 3

12/9/19 12/10/19 1/6/20

Negotiated Rule Draft No. 2

10/11/19 10/16/19 11/04/19

Ore Processing by Cyanidation Rulemaking August 6, 2019 – DEQ PowerPoint Presentation

DEQ is compiling questions regarding Nevada’s regulation of mining facilities to present to Nevada regulators before the next meeting. As part of this presentation, DEQ is seeking questions from negotiated rulemaking participants to add to DEQ’s list.

8/6/19 8/6/19 8/13/19
Ore Processing by Cyanidation Rulemaking June 27, 2019 – DEQ PowerPoint Presentation 06/28/19 06/27/19 07/19/19
Preliminary Draft Rule (Draft No. 1) 06/26/19 06/27/19 07/19/19

Ore Processing by Cyanidation Rulemaking May 31, 2019 – DEQ PowerPoint Presentation

5/31/19 5/31/19 6/10/19

Ore Processing by Cyanidation Rulemaking May 3, 2019 – DEQ PowerPoint Presentation

DEQ Cyanide Rulemaking May 3, 2019 – Idaho Mining Association Presentation

Idaho Mining Association Letter to DEQ: Request for Rulemaking (March 18, 2019)

5/3/2019  5/3/2019 5/13/2019
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 minimum design, construction and closure requirements identified in the Rules for Ore Processing by Cyanidation, IDAPA 58.01.13; discussing the areas of improvement identified in the IMA letter submitted to the DEQ director on March 18, 2019; and setting a path forward.      

 

Written Public Comments

Comment Submitted By Date Received
Comment on Negotiated Draft No. 3 Idaho Mining Association (IMA) 1/6/20
Comment on Negotiated Draft No. 3 Stantec 1/6/20
Comment on Negotiated Draft No. 3 Idaho Conservation League (ICL) 1/3/20
Comment on Negotiated Draft No. 3 U.S. Forest Service 12/9/19
Comment on Negotiated Rule Draft No. 2 Idaho Mining Association (IMA) 11/5/19
Comment on Negotiated Rule Draft No. 2 Idaho Conservation League (ICL)       10/22/19
Comment on 8/6/19 meeting presentation Idaho Mining Association (IMA) 8/13/19
Comment on Preliminary Draft Rule (Draft No. 1) Idaho Mining Association (IMA)            7/29/19
Comment on Preliminary Draft Rule (Draft No. 1) Idaho Conservation League (ICL) 7/15/19
Comment on 05/31/19 meeting presentation Trout Unlimited 06/10/19
Comment on 05/31/19 meeting presentation Idaho Mining Association (IMA) 06/10/19
Comment on 5/3/19 meeting presentation Tierra Group International LTD 5/30/19
Comment on 5/3/19 meeting presentation Bryan Ulrich LLC 5/24/19
Comment on 5/3/19 meeting presentation Idaho Department of Lands (IDL) 05/14/19
Comment on 5/3/19 meeting presentation  Idaho Conservation League (ICL) 5/13/19 
Comment on 5/3/19 meeting presentation Idaho Mining Association (IMA) 5/13/19 
Comment on 5/3/19 meeting presentation U.S. Forest Service 5/13/19 
Comment on 5/3/19 meeting presentation John Rygh, McCall, ID 5/7/19 

Additional Information and Reference Documents

State of Nevada Documents Date Posted

Questions from the Idaho DEQ Rulemaking Stakeholder Group for the Nevada Division of Environmental Protection, Bureau of Mining and Regulation (NDEP-BMRR) (8/27/19)

NDEP-BMRR Responses to Questions from the Idaho DEQ Rulemaking Stakeholder Group (9/11/19)

The following support documents were provided by NDEP-BMRR with Responses to Questions

DRAFT BMRR Regulation Branch Guidance Document: As-Built and Quality Assurance/Quality Control Submittals

DRAFT BMRR Regulation Branch Guidance Document: Specifications, Test Methods, and Frequencies

Nevada Modified Sobek Procedure Summary (2015 Update)

Recommendations for Continuation or Termination of HCTS

09/18/19

Nevada Administrative Code (NAC) Chapter 445A
(Mining Facilities - NAC 445A.350 through 445A.447)

Nevada Division of Environmental Protection: What’s New in Bureau of Mining Regulation and Reclamation (BMRR)
(new rules not yet codified) 

06/28/19 

Reference Documents

References for Soil Layer Thickness and Liner Construction Methods (prepared by DEQ for Rule Docket No. 58-0113-1901)

01/28/20

Benson and Daniel, Minimum Thickness of Compacted Soil Liners: I. Stochastic Models (Article in Journal of Geotechnical Engineering – January 1994)

Benson and Daniel, Minimum Thickness of Compacted Soil Liners: II. Analysis and Case Histories (Article in Journal of Geotechnical Engineering – January 1994)

Design, Construction, and Evaluation of Clay Liners for Waste Management Facilities (EPA/530-SW-86-007-F)

07/01/19
Additional Information  
Idaho Mining Association Letter to DEQ: Request for Rulemaking (March 18, 2019) 4/24/19

 


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Staff Contacts

Senior Mining Scientist
Don Carpenter
DEQ State Office
Waste Management & Remediation Division
1410 N. Hilton
Boise, ID 83706
(208) 373-0141
don.carpenter@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