Protecting Public Health and the Environment.

Design and Construction of Phosphogypsum Stacks: Docket No. 58-0119-2001 Negotiated Rulemaking

Rulemaking initiated for the promulgation of rules for the design and construction of phosphogypsum stacks as directed by the 2020 Idaho Legislature.

Status of Rulemaking

Next negotiated rulemaking meeting October 30, 2020.

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

This rulemaking has been initiated for the promulgation of rules for the design and construction of phosphogypsum stacks as directed by the 2020 Idaho Legislature. In response to the Idaho Legislature’s directive, DEQ proposes to negotiate a new rule chapter consistent with the statutory requirements in House Bill 367 (to be codified at Idaho Code §§ 39-176A – 39-176F) regarding construction and lateral expansion and management of phosphogypsum stacks and phosphogypsum stack systems and other such rules as may be necessary to carry out the legislative intent and purposes.

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 Schedule

MEETING SET FOR PUBLIC PARTICIPATION VIA TELEPHONE AND VIDEO CONFERENCING  

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

Agenda

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

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

May 28, 2020 - Agenda | Participant List
April 16, 2020 - Agenda | Participant List

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

Rule Documents and Meeting Presentations Date Posted Date of Meeting Discussion Written Comment Deadline

Negotiated Rule Draft No. 2

This draft includes revisions based on the May 28, 2020, meeting discussion, review of written comments received, and DEQ staff review for compliance with Executive Order No. 2020-01, Zero-Based Regulation. The revisions are in strike out/underline format. The substantive revisions based on the meeting discussion and comments received are highlighted in yellow.

 10/22/20 10/30/20  11/13/20

Agenda for May 28, 2020

Discussion Points for May 28, 2020 

The issues identified in the Agenda and presented in the Discussion Points will be the subject of the May 28, 2020, discussion. A revised negotiated rule draft has not been posted for this meeting.

5/26/20 5/28/20 6/09/20

Meeting Exhibit 1 - Definition of “Stored” Presented for Consideration

Meeting Exhibit 2 - Revised Section 200, Deviations, Timeline Presented for Consideration

4/17/20 4/16/20 4/28/20
Preliminary Draft Rule (Draft No. 1) 4/01/20 4/16/20 4/28/20

 

Written Public Comments
Comment Submitted By Date Received
Comment on 5/28/20 meeting presentation Idaho Conservation League (ICL) 6/9/20
Comment on 5/28/20 meeting presentation J.R. Simplot Company 6/9/20
Comment on 5/28/20 meeting presentation Nu-West Industries 6/9/20
Comment on 5/28/20 meeting presentation Idaho Mining Association (IMA) 6/9/20
Comment on 5/28/20 meeting presentation EPA Region 10 6/8/20
Comment on Preliminary Draft Rule (Draft No. 1)  Idaho Mining Association (IMA) 4/28/20
Comment on Preliminary Draft Rule (Draft No. 1)  Itafos Conda 4/28/20
Comment on Preliminary Draft Rule (Draft No. 1)  Nu-West Industries 4/28/20
Comment on Preliminary Draft Rule (Draft No. 1)  JR Simplot Company  4/28/20
Comment on Preliminary Draft Rule (Draft No. 1)  EPA Region 10 4/28/20
Comment on Preliminary Draft Rule (Draft No. 1)  Idaho Conservation League (ICL) 4/27/20

Staff Contacts

Hazardous Waste Rules and Policy Coordinator
Caroline Moores
DEQ State Office
Waste Management & Remediation Division
1410 N. Hilton
Boise, ID 83706
(208) 373-0554
caroline.moores@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