Protecting Public Health and the Environment.

Air Quality: Docket No. 58-0101-1803 - Proposed Rule

Rulemaking initiated at the recommendation of the Crop Residue Advisory Committee to allow farmers to pay the required fees after the burn instead of prior to the burn.

Public Comment Opportunities | Negotiated Rulemaking History

Status of Rulemaking

Presentation to the Idaho Board of Environmental Quality for adoption of pending a rule: November 14-15, 2018.

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

DEQ initiated this rulemaking at the recommendation of the Crop Residue Advisory Committee to allow farmers to pay the required fees after the burn instead of prior to the burn. This rulemaking also provides DEQ a more streamlined administrative process. The fee structure will not be changed. Due to the deployment timing of DEQ’s software used to implement the crop residue burning program, it is necessary to adopt a temporary rule and implement this change prior to the 2019 spring burning season to avoid interruption of the burn season. This rulemaking will not change the timing of the fee payment for the spot and bale burn permit.

Before this rule docket can become effective, it will be necessary to revise Idaho Code § 39-114. Legislation was drafted in conjunction with the negotiated rulemaking. DEQ intends to submit the proposed legislation for consideration by the 2019 Idaho Legislature. The temporary rule would become effective on the date the companion legislation becomes law.  The identical companion pending rule would become final and effective upon conclusion of the legislative session.

Farmers desiring to burn crop residue, members of the regulated community who may be subject to Idaho's air quality rules, special interest groups, Idaho State Department of Agriculture, tribes, public officials, and members of the public who have an interest in the regulation of air emissions from sources in Idaho may be interested in commenting on this proposed rule. After consideration of public comments, DEQ intends to present the final proposal to the Idaho Board of Environmental Quality (Board) in November 2018 for adoption of a temporary/pending rule.  If adopted by the Board, the temporary rule would become effective on the date the companion legislation becomes law, and the pending rule would become final and effective upon adjournment of the 2019 legislative session if approved by the Legislature. DEQ will submit the final rule to EPA.

Temporary Rule Justification: Adoption of this temporary rule is necessary to ensure that the revisions are effective prior to the 2019 burning season.  Pursuant to Section 67-5226(1)(c), Idaho Code, the Governor has found that temporary adoption is appropriate in that the rulemaking confers a benefit. Temporary adoption of this rule confers a benefit to (1) farmers by allowing farmers to pay the required fees after the burn instead of prior to the burn, and (2) DEQ by providing a more streamlined administrative process.

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

Comment Deadline

September 5, 2018

Written Public Comments

Submitted By Date Received
Gary Nystrom 08/08/18

Certificate of Hearing for the September 5, 2018, Public Hearing on Proposed Rule

(No members of the public attending the hearing )
 

Negotiated Rulemaking History

The text of the proposed rule was drafted based on discussions held and concerns raised during negotiations conducted pursuant to Idaho Code § 67-5220 and IDAPA 58.01.23.810-815. The Notice of Negotiated Rulemaking was published in the June 2018 issue of the Idaho Administrative Bulletin, and a preliminary draft rule was made available for public review. A meeting was held on June 21, 2018. Key information was posted on the DEQ rulemaking web page and distributed to the public. Members of the public participated in the negotiated rulemaking process by attending the meetings and by submitting written comments.

All comments received during the negotiated rulemaking process were considered by DEQ when making decisions regarding development of the rule.  At the conclusion of the negotiated rulemaking process, DEQ formatted the final draft for publication as a proposed rule. The negotiated rulemaking record, which includes the negotiated rule drafts, written public comments, documents distributed during the negotiated rulemaking process, and the negotiated rulemaking summary, is available on this web page.

Negotiated Rulemaking Meeting Schedule

No additional meetings are scheduled.

Previous Meetings

June 21, 2018 - Agenda | Sign-in Sheets

Draft Negotiated Rule, Associated Draft Legislation, and Related Documents

Draft Negotiated Rule Date Posted Date of Meeting Discussion Written Comment Deadline
Draft Legislation (Idaho Code § 39-114) 07/24/18 N/A N/A
The next comment period will commence upon publication of the proposed rule in the August 1, 2018, issue of the Idaho Administrative Bulletin. Proposed rule comment deadline is September 5, 2018.

Draft No. 2

(This draft includes revisions based on the 06/21/18 meeting discussion)
06/21/18 06/21/18 06/29/18
Preliminary Draft (Draft No. 1) 05/30/18 06/21/18 06/29/18

 

Written Public Comments

Comment Submitted By Date Received
Comment on Draft No. 2 Nezperce Prairie Grass Growers Association 06/29/18
Comment on Draft No. 2 Idaho Farm Bureau Federation 06/29/18
Comment on Draft No. 2 Idaho Grain Producers Association 06/29/18

 


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Staff Contacts

Air Quality Rules Coordinator
Carl Brown
DEQ State Office
Air Quality Division
1440 N. Hilton
Boise, ID 83706
(208) 373-0206
carl.brown@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