Air Quality: Docket No. 58-0101-1702 - Pending Rule
Rulemaking initiated to update federal regulations incorporated by reference.
Status of Rulemaking
Pending rule adopted by Board on November 16, 2017. Final and effective upon adjournment of 2018 legislative session if approved by the Idaho Legislature.
|November 2017 Board of Environmental Quality Meeting|
Rulemaking Documents Required by Idaho Administrative Procedure Act
The purpose of this rulemaking is 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 federal regulations implementing the Clean Air Act. This proposed rule updates federal regulations incorporated by reference to include those revised as of July 1, 2017.
Adoption of federal regulations is necessary for EPA approval of Idaho’s Title V Operating Permit Program and state primacy of Clean Air Act programs. Incorporation by reference allows DEQ to keep its rules up to date with federal regulation changes and simplifies compliance for the regulated community.
In compliance with Idaho Code 67-5223(4), DEQ prepared a brief synopsis detailing the substantive difference between the previously incorporated material and the latest revised edition or version of the incorporated material being proposed for incorporation by reference. The Overview of Incorporations by Reference is available on this web page.
After consideration of public comments, the rule has been adopted as initially proposed. The rule is expected to be final and effective upon the conclusion of the 2018 legislative session if approved by the Legislature.
Public Comment Opportunities
Submit all written comments by mail, fax or e-mail to:
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481, email@example.com
September 7, 2017
September 7, 2017, 3 p.m.
DEQ State Office
Conference Room A
1410 N. Hilton, Boise
Written Public Comments
|Submitted By||Date Received|
|Joan Hobbs, Mountain Home||09/12/17|
|(No members of the public attended the hearing)|
Negotiated rulemaking was not conducted. DEQ determined that negotiated rulemaking is not feasible due to the simple nature of this rulemaking and because DEQ has no discretion with respect to adopting federal regulations that are necessary for EPA approval of Idaho’s Title V Operating Permit Program and state primacy of Clean Air Act programs. Whenever possible, DEQ incorporates federal regulations by reference to ensure that the state rules are consistent with federal regulations.