Protecting Public Health and the Environment.

Air Quality: Docket No. 58-0101-1904 - Proposed Rule

Rulemaking initiated to adopt and re-publish existing and previously approved and codified fee rule chapters under IDAPA 58 rules of the Department of Environmental Quality.

Status of Rulemaking

Presentation to the Idaho Board of Environmental Quality for adoption of a pending rule: November 14, 2019.

Effective Date

June 30, 2019 (temporary)

 November 2019 Board of Environmental Quality Meeting – Pending Rule
May 2019 Board of Environmental Quality Meeting - Temporary Rule

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

This rulemaking adopts and re-publishes the following existing and previously approved and codified rule chapters under IDAPA 58 rules of the Department of Environmental Quality:

IDAPA 58.01.01, Rules for the Control of Air Pollution in Idaho

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 25, 2019

Written Public Comments on Proposed Rule

 Submitted By Date Received
 No comments received.  

Temporary Rule Justification

Pursuant to Section(s) 67-5226(1) and 67-5226(2), Idaho Code, the Governor has found that temporary adoption is appropriate for the following reasons:                                                                                                                           

These temporary rules are necessary to protect the public health, safety, and welfare of the citizens of Idaho and confer a benefit on its citizens. These previously approved and codified rules implement the duly enacted laws of the state of Idaho, provide citizens with the detailed rules and standards for complying with those laws, and assist in the orderly execution and enforcement of those laws. The expiration of these rules without due consideration and processes would undermine the public health, safety and welfare of the citizens of Idaho and deprive them of the benefit intended by these rules. The Department of Environmental Quality (DEQ) would not be able to fulfill its statutory obligations without these rules. The state of Idaho would lose primacy over federal environmental laws without these rules. These rules are central to DEQ’s mission to protect human health and the quality of Idaho’s air, land, and water.

The fees or charges imposed by the rules are necessary to avoid immediate danger. The fees or charges reauthorized in this rulemaking are currently existing and have been previously promulgated by the agency and reviewed and approved by the Legislature. These fees and charges are part of the dedicated fund portion of the state budget, which makes up a material portion of the FY2020 budget. The FY2020 budget has already been set by the Legislature and passed into law. That budget relies upon the existence of these fees and charges to meet the state’s obligations and provide necessary state services. Failing to reauthorize these fee rules would create immediate danger to the state budget, immediate danger to necessary state functions and services, and immediate danger of a violation of Idaho’s constitutional requirement that it balance its budget.

Temporary adoption of these rules is necessary to ensure that (1) the state of Idaho maintains primacy over federal programs; (2) DEQ is able to continue to offer services such as permit issuance; and (3) DEQ is able to continue to administer programs such as crop residue burning. Listed below are the fee categories and statutory authority for imposition of the fees.

Idaho Code § 39-114(4), crop residue burn fee

Idaho Code § 39-115(3), application fee for industrial or commercial air pollution source permits

Idaho Code § 39-116B, motor vehicle inspection fee

Negotiated Rulemaking

Pursuant to Section 67-5220(2), Idaho Code, negotiated rulemaking was not feasible because of the need to adopt the rules as temporary, and because these existing chapters of IDAPA are being re-published and re-authorized. Negotiated rulemaking also is not feasible because of the need to implement these rules before they expire; the rules form the regulatory framework of the laws of this state and have been previously promulgated and reviewed by the Legislature pursuant to the Idaho Administrative Procedures Act, Chapter 52, Title 67, Idaho Code; and because engaging in negotiated rulemaking for all previously existing rules will inhibit the agency from carrying out its ability to serve the citizens of Idaho and to protect their health, safety, and welfare.


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Staff Contacts

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