Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020, and Title V fee rule revisions negotiated under Docket No. 58-0101-1902.
Status of Rulemaking
Final rule effective March 28, 2023.
Overview
DEQ initiated this rulemaking in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020. Pursuant to EO 2020-01, each rule chapter effective on June 30, 2020, shall be reviewed by the agency that promulgated the rule. The review will be conducted according to a schedule established by the Division of Financial Management, Office of the Governor (DFM. This is one of the DEQ rule chapters up for review in 2022.
The goal of the rulemaking is to perform a critical and comprehensive review of the entire chapter in an attempt to reduce overall regulatory burden, streamline various provisions, and increase clarity and ease of use.
This rulemaking updates federal regulations incorporated by reference with the July 1, 2022 Code of Federal Regulations (CFR) effective date. The July 1, 2022 CFR is a codification of federal regulations published in the Federal Register as of July 1, 2022. To ensure that the state rules remain consistent with federal regulations, the Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01, are updated annually to maintain consistency with the federal regulations implementing the Clean Air Act.
This rulemaking also includes the revised fee structure of a Clean Air Act mandated air permitting program negotiated under Docket No. 58-0101-1902. Sections 387 – 397. 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, it was necessary for DEQ to 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.
Negotiated Rulemaking Meeting Schedule
No additional meetings are scheduled.
No meeting scheduled.
March 29, 2022 – Agenda | Participant List
November 30, 2021 – Agenda | Participant List
October 28, 2021 – Agenda | Participant List
Method for Submitting Comments
Submit all written comments to:
Carl Brown
Air Quality Rules & Planning Coordinator
Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
carl.brown@deq.idaho.gov
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Notice of Rulemaking – Proposed Rule | Written Comment Deadline 10/11/22
| Negotiated Rule Documents and Meeting Presentations | Date Posted | Date of Meeting | Written Comment Deadline |
|---|---|---|---|
Negotiated Rule Draft No. 5 | 08/31/22 | 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 September 7, 2022 Idaho Administrative Bulletin. |
Negotiated Rule Draft No. 4 (Adobe Acrobat PDF format) Negotiated Rule Draft No. 4 (Microsoft Word format) | 05/04/22 | 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 Idaho Administrative Bulletin. |
Negotiated Rule Draft No. 3 (Adobe Acrobat PDF format) Negotiated Rule Draft No. 3 (Microsoft Word format) | 03/29/22 | 03/29/22 | 04/14/22 Note: Cross-references for revised section numbers have not yet been corrected. |
Negotiated Rule Draft No. 2 (Adobe Acrobat PDF format) Negotiated Rule Draft No. 2 (Microsoft Word format) | 03/15/22 | 03/29/22 | 04/14/22 |
Air Quality Zero Based Rulemaking – DEQ PowerPoint Presentation October 28, 2021 Preliminary Draft Rule (Draft No. 1) Preliminary Draft Rule (Draft No. 1) | 10/12/21 | 10/28/21 and 11/30/21 | Comment deadline extended to 01/28/22 |
| Comment | Submitted by | Date Received |
|---|---|---|
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| Comment on Proposed Rule | Jim Rehder | 10/13/22 |
| Comment on Proposed Rule | U.S. EPA Region 10 | 10/11/22 |
| Public Hearing on Proposed Rule | Certificate of Hearing for the October 11, 2022, Public Hearing on Proposed Rule | NA |
| Comment on Rule Draft No. 3 | 04/14/22 | |
| Comment on Preliminary Draft Rule (Draft No. 1) | John Rubert Mokins Bay, Hayden Lake | 02/17/22 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Idaho Association of Commerce and Industry (IACI) IACI comment bubbles on rule draft 1 | 02/16/22 |
| Comment on Preliminary Draft Rule (Draft No. 1) | John Rubert Mokins Bay, Hayden Lake | 02/01/22 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Idaho Association of Commerce and Industry (IACI) | 01/28/22 |
| Comment on Preliminary Draft Rule (Draft No. 1) | U.S. EPA Region 10 EPA letter with comments EPA comment bubbles on rule draft 1 | 12/10/21 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Stoel Rives | 11/12/21 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Idaho Association of Commerce & Industry (IACI) | 11/12/21 |
| Comment on Preliminary Draft Rule (Draft No. 1) | TORF Environmental Management | 11/12/21 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Idaho Conservation League (ICL) | 11/12/21 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Trinity Consultants | 11/09/21 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Jim Rehder Cottonwood, Idaho | 10/30/21 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Jim Rehder Cottonwood, Idaho | 09/30/21 |
Pending Rule in Strike/Out Underline Format (DEQ Document)
Pending rules submitted to the 2023 Idaho Legislature for review
2023 Legislative Rules Review Books
- House Environment, Energy & Technology Committee
- Senate Resources & Environment Committee
Interim Legislative Review of Proposed Rule Pursuant to Idaho Code § 67-5223
Board of Environmental Quality – Pending Rule
November 17, 2022, 9 a.m. MST
Attend this meeting in person:
Idaho Department of Environmental Quality, State Office, 1410 N Hilton, Boise, ID
Virtual and dial-in information:
View the Meeting Notice for virtual and dial-in attendance.
2023 Omnibus Notice of Legislative Action – Summary of Action Taken on Pending, Pending Fee, Temporary, and Final Rules – Posted 06/09/23
- Notice of Rulemaking – Adoption of Pending Fee Rule
- Notice of Rulemaking – Proposed Rule
- Proposed Rule Cost/Benefit Analysis
- Overview of Incorporations by Reference
- Negotiated Rulemaking Summary
- Notice of Intent to Promulgate Rules – Zero-Based Regulation Negotiated Rulemaking
Zero-Based Regulation Prospective Analysis (required by Executive Order 2020-01, ¶4.b.)
March 28, 2023
No information available at this time.
No information available at this time.
No information available at this time.