Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020. This is a companion rulemaking to Docket No. 58-0102-2401. This rulemaking also transfers Sections 851 and 852 from IDAPA 58.01.02, Water Quality Standards, under companion docket 58-0102-2401.
Status
November 14, 2024 Board meeting: Presentation of rule package for adoption of pending rule.
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.
This proposed rule includes retiring DEQ’s risk evaluation software in exchange for the Environmental Protection Agency’s (EPA) risk evaluation process using EPA’s Regional Screening Level Calculator and Vapor Intrusion Screening Level Calculator. It also includes updates consistent with the adopted Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (40 CFR Part 280) required for state program approval.
In addition, this proposed rule includes moving Sections 851, Petroleum Release Reporting, Investigation, and Confirmation, and 852, Petroleum Release Response and Corrective Action, from IDAPA 58.01.02, Water Quality Standards, to new sections IDAPA 58.01.24.060 and 061. DEQ initiated companion rulemaking docket 58-0102-2401 for the purpose of deleting Sections 851 and 852 from IDAPA 58.01.02.
Meeting Details
Open EVENT DETAIL below for meeting information and agenda.
Negotiated Rulemaking Meeting Petroleum Release Corrective Action: Docket No. 58-0124-2401
Negotiated Rulemaking Meeting Petroleum Release Corrective Action: Docket No. 58-0124-2401
Negotiated Rulemaking Meeting Petroleum Release Corrective Action: Docket No. 58-0124-2401
Scoping Meeting for IDAPA 58.01.24, Risk Based Corrective Action at Petroleum Release Sites
Method for Participating and Submitting Comments
Those interested in participating in the negotiated rulemaking process are encouraged to attend the scheduled meeting.
Public comment opportunities will be made available throughout the rulemaking process for those who cannot participate by attending the meeting.
Submit all written comments and direct questions to:
Kristi Lowder
Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
kristi.lowder@deq.idaho.gov
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Notice of Rulemaking – Proposed Rule | Written Comment Deadline 08/28/24
| Negotiated Rule Documents and Meeting Presentations | Date Posted | Date of Meeting | Written Comment Deadline |
|---|---|---|---|
| NA | NA | NA | NA |
| NA | NA | NA | NA |
| NA | NA | NA | NA |
| Negotiated Rule Draft No. 4 The yellow highlighted revisions in this draft are based on DEQ and DFM review. | 05/22/24 | NA | DEQ is not requesting 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 The yellow highlighted revisions in this draft are based on written comments and DEQ review. 58.01.24 Rulemaking Meeting 3 – DEQ PowerPoint Presentation May 9, 2024 | 04/30/24 | 05/09/24 | 05/16/24 |
| Negotiated Rule Draft No. 2 The yellow highlighted revisions in this draft are based on written comments and DEQ review. 58.01.24 Rulemaking Meeting 2 – DEQ PowerPoint Presentation April 11, 2024 | 04/04/24 | 04/11/24 | 04/19/24 |
| Negotiated Rule Draft No. 1 58.01.24 Rulemaking – DEQ PowerPoint Presentation March 21, 2024 | 02/20/24 | 03/21/24 | 03/29/24 |
| Risk Based Corrective Action Rules Scoping Meeting 2: Risk Software & Rule Changes – DEQ PowerPoint Presentation September 28, 2023 | 09/28/23 | 09/28/23 | 10/13/23 |
| Risk Based Corrective Action Rules Scoping Meeting: Risk Software – DEQ PowerPoint Presentation July 27, 2023 | 07/27/23 | 07/27/23 | 08/11/23 |
| 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 |
| NA | NA | NA |
| No comments received on Proposed Rule | ||
| Comment on Rule Draft No. 3 | Petroleum Storage Tank Fund (PSTF) | 05/16/24 |
| Comment on Rule Draft No. 2 | Petroleum Storage Tank Fund (PSTF) | 04/19/24 |
| Comment on Rule Draft No. 1 | Petroleum Storage Tank Fund (PSTF) | 03/29/24 |
| Comment on July 27, 2023 Presentation | Petroleum Storage Tank Fund (PSTF) | 08/30/23 |
Information pending.
Notice of Rulemaking – Proposed Rule – Posted 08/07/24
Negotiated Rulemaking Summary – Posted 08/01/24
Notice of Intent to Promulgate Rules – Zero-Based Regulation Negotiated Rulemaking – Posted 03/06/24
Zero-Based Regulation Prospective Analysis (required by Executive Order 2020-01, ¶4.b.) – Posted 03/06/24
Information pending.
No information available at this time.
No information available at this time.