Protecting Public Health and the Environment.

Ore Processing by Cyanidation: Docket No. 58-0113-1901 - Negotiated Rulemaking

Rulemaking initiated in response to Idaho Mining Association’s request for rulemaking.

Status of Rulemaking

All IDAPA 58 temporary fee rule chapters, including the revisions negotiated under Docket No. 58-0113-1901, will be published as proposed rules in Omnibus Rulemaking Docket No. 58-0000-2000F in the special edition of the Idaho Administrative Bulletin on September 16, 2020; comment deadline October 16, 2020.

A revised negotiated rule draft has been posted. The revisions are based on DFM review for compliance with Executive Order 2020-01, Zero-Based Regulation. This draft has been formatted for publication as a proposed rule.

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

The Idaho Mining Association (IMA) requested, via letter submitted to the Director on March 18, 2019, that DEQ revise the rules to move away from prescriptive design and construction requirements to performance-based outcomes for design, construction and closure. The current rules, adopted by the Idaho Board of Environmental Quality in 2005 and approved by the Idaho Legislature in 2006, adopted minimum design and construction criteria for all cyanidation facilities. IMA’s letter to DEQ states that technologies and industry best practices for cyanidation facilities have changed since 2006. DEQ initiated negotiated rulemaking to evaluate such changes and determine if the rules should be updated.

The proposed rule includes revisions to account for current best available technologies or best practices for design, construction and closure of cyanidation facilities that can achieve necessary regulatory goals of protecting human health and the environment and addresses the following:

  1. applicability of the design criteria to different types of cyanidation facilities;
  2. consideration of a broader range of acceptable materials included in the design;
  3. broader interpretation of performance and compliance regarding constructability of leak detection systems;
  4. variability in design approach based on the physical characteristics of impounded materials;
  5. variability in design approach based on the chemical characteristics of impounded materials and process water; and
  6. cyanidation permit application and administration, including recovery of costs incurred by DEQ in processing permit applications and administering issued permits.

Negotiated Rulemaking Meeting Schedule

No additional rulemaking meetings are scheduled.

Previous Meetings

June 10, 2020 - Agenda | Participant List
April 28, 2020 - Agenda | Participant List
March 13, 2020 - Agenda | Sign-in Sheets
February 6, 2020 - 
Agenda | Sign-in Sheets
December 10, 2019 - Agenda | Sign-in Sheets
October 16, 2019 - Agenda | Sign-in Sheets
August 6, 2019 - Agenda | Sign-in Sheets
June 27, 2019 - Agenda | Sign-in Sheets
May 31, 2019 - Agenda| Sign-in Sheets
May 3, 2019 - Agenda | Sign-in Sheets

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

Draft Negotiated Rule and Meeting Presentations

Draft Negotiated Rule and Meeting Presentations Date Posted Date of Meeting Discussion

Written Comment Deadline

Negotiated Rule Draft No. 9

9/11/20 NA

This draft includes revisions based on review by the Division of Financial Management for compliance with Executive Order No. 2020-01, Zero-Based Regulation, and has been formatted for publication as a proposed rule.

The proposed rule will be published in Omnibus Rulemaking Docket No. 58-0000-2000F.

Negotiated Rule Draft No. 8

7/23/20 NA

DEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the special edition of the Idaho Administrative Bulletin on September 16, 2020; comment deadline October 16, 2020.

Negotiated Rule Draft No. 7

6/5/20 6/10/20 6/19/20

Negotiated Rule Draft No. 6

4/23/20 4/28/20 5/12/20

Meeting Exhibit 2 - Alternative Permitting Process Submitted for Consideration

Meeting Exhibit 1 - Current Permitting Process Included in Negotiated Rule Draft 5

3/13/20 3/13/20 3/25/20

Negotiated Rule Draft No. 5

3/10/20 3/13/20 3/25/20

Negotiated Rule Draft No. 4
This rule draft includes:

  • definitions and other rule sections pulled into the draft for easier review of complete rule chapter
  • revisions made for consistency with Senate Bill 1216
  • revisions made per discussion item number 6 listed in the (Second) Notice of Negotiated Rulemaking published in the Idaho Administrative Bulletin on February 5, 2020
1/28/20  2/6/20  2/18/20 

Idaho Code § 39-118A Legislation RS27203
(2020 legislative session)

12/17/19 12/10/19 N/A

Negotiated Rule Draft No. 3

12/9/19 12/10/19 1/6/20

Negotiated Rule Draft No. 2

10/11/19 10/16/19 11/04/19

Ore Processing by Cyanidation Rulemaking August 6, 2019 – DEQ PowerPoint Presentation

DEQ is compiling questions regarding Nevada’s regulation of mining facilities to present to Nevada regulators before the next meeting. As part of this presentation, DEQ is seeking questions from negotiated rulemaking participants to add to DEQ’s list.

8/6/19 8/6/19 8/13/19
Ore Processing by Cyanidation Rulemaking June 27, 2019 – DEQ PowerPoint Presentation 06/28/19 06/27/19 07/19/19
Preliminary Draft Rule (Draft No. 1) 06/26/19 06/27/19 07/19/19

Ore Processing by Cyanidation Rulemaking May 31, 2019 – DEQ PowerPoint Presentation

5/31/19 5/31/19 6/10/19

Ore Processing by Cyanidation Rulemaking May 3, 2019 – DEQ PowerPoint Presentation

DEQ Cyanide Rulemaking May 3, 2019 – Idaho Mining Association Presentation

Idaho Mining Association Letter to DEQ: Request for Rulemaking (March 18, 2019)

5/3/2019  5/3/2019 5/13/2019
A preliminary draft rule was not posted for public review prior to the first meeting. The first meeting has been scheduled for the purpose of discussing the current minimum design, construction and closure requirements identified in the Rules for Ore Processing by Cyanidation, IDAPA 58.01.13; discussing the areas of improvement identified in the IMA letter submitted to the DEQ director on March 18, 2019; and setting a path forward.      

 

Written Public Comments

Comment Submitted By Date Received
Comment on Negotiated Rule Draft No. 7

Idaho Rivers United (IRU)

6/19/20
Comment on Negotiated Rule Draft No. 7

Idaho Mining Association (IMA)

6/19/20
Comment on Negotiated Rule Draft No. 7

Idaho Conservation League (ICL)

6/17/20
Request for adoption of temporary rule

Idaho Mining Association (IMA)

5/25/20
Comment on Negotiated Rule Draft No. 6

Idaho Conservation League (ICL)

5/5/20
Comment on Negotiated Rule Draft No. 6

Idaho Mining Association (IMA)

5/12/20
Comment on Negotiated Rule Draft No. 6 and referenced documents

Idaho Mining Association (IMA)

Garlanger et al Eval Leakage Rates Through GMB Liners Phosphogypsum Disposal Facilities

Joshi et al 2013 A New Laboratory Apparatus Testing Geomembrane Leakage Mine Tailings Under Large Earth Fluid Pressures

Joshi et al 2016 Physical Hydraulic Response Geomembrane Wrinkles Underlying Saturated Fine Tailings

Joshi McLeod 2018 Effectiveness Of Geomembrane Liners In Minimizing Seepage In Tailings Storage Facilities -  New Knowledge

Rowe et al 2017 Leakage Through Holes In Geomembranes Below Saturated Tailings

Terzaghi Lecture DRAFT Abstract Refs and Tables 2019 5 12 v2.6

Terzaghi Lecture Figures 2019 5 8 v2

5/4/20
Comment on Negotiated Rule Draft No. 5 Idaho Rivers United (IRU) 3/25/20
Comment on Negotiated Rule Draft No. 5 Brown and Caldwell 3/25/20
Comment on Negotiated Rule Draft No. 5 Idaho Mining Association (IMA) 3/25/20
Comment on Negotiated Rule Draft No. 5 Idaho Conservation League (ICL) 3/18/20
Comment on Negotiated Rule Draft No. 4 Idaho Rivers United (IRU) 2/18/20
Comment on Negotiated Rule Draft No. 4 Idaho Mining Association (IMA) 2/18/20
Comment on Negotiated Rule Draft No. 4 Idaho Conservation League (ICL) 2/18/20
Comment on Negotiated Rule Draft No. 3 Idaho Mining Association (IMA) 1/6/20
Comment on Negotiated Rule Draft No. 3 Stantec 1/6/20
Comment on Negotiated Rule Draft No. 3 Idaho Conservation League (ICL) 1/3/20
Comment on Negotiated Rule Draft No. 3 U.S. Forest Service 12/9/19
Comment on Negotiated Rule Draft No. 2 Idaho Mining Association (IMA) 11/5/19
Comment on Negotiated Rule Draft No. 2 Idaho Conservation League (ICL)       10/22/19
Comment on 8/6/19 meeting presentation Idaho Mining Association (IMA) 8/13/19
Comment on Preliminary Draft Rule (Draft No. 1) Idaho Mining Association (IMA)            7/29/19
Comment on Preliminary Draft Rule (Draft No. 1) Idaho Conservation League (ICL) 7/15/19
Comment on 05/31/19 meeting presentation Trout Unlimited 06/10/19
Comment on 05/31/19 meeting presentation Idaho Mining Association (IMA) 06/10/19
Comment on 5/3/19 meeting presentation Tierra Group International LTD 5/30/19
Comment on 5/3/19 meeting presentation Bryan Ulrich LLC 5/24/19
Comment on 5/3/19 meeting presentation Idaho Department of Lands (IDL) 05/14/19
Comment on 5/3/19 meeting presentation  Idaho Conservation League (ICL) 5/13/19 
Comment on 5/3/19 meeting presentation Idaho Mining Association (IMA) 5/13/19 
Comment on 5/3/19 meeting presentation U.S. Forest Service 5/13/19 
Comment on 5/3/19 meeting presentation John Rygh, McCall, ID 5/7/19 

Additional Information and Reference Documents

State of Nevada Documents Date Posted

Questions from the Idaho DEQ Rulemaking Stakeholder Group for the Nevada Division of Environmental Protection, Bureau of Mining and Regulation (NDEP-BMRR) (8/27/19)

NDEP-BMRR Responses to Questions from the Idaho DEQ Rulemaking Stakeholder Group (9/11/19)

The following support documents were provided by NDEP-BMRR with Responses to Questions

DRAFT BMRR Regulation Branch Guidance Document: As-Built and Quality Assurance/Quality Control Submittals

DRAFT BMRR Regulation Branch Guidance Document: Specifications, Test Methods, and Frequencies

Nevada Modified Sobek Procedure Summary (2015 Update)

Recommendations for Continuation or Termination of HCTS

09/18/19

Nevada Administrative Code (NAC) Chapter 445A
(Mining Facilities - NAC 445A.350 through 445A.447)

Nevada Division of Environmental Protection: What’s New in Bureau of Mining Regulation and Reclamation (BMRR)
(new rules not yet codified) 

06/28/19 

Reference Documents

References for Soil Layer Thickness and Liner Construction Methods (prepared by DEQ for Rule Docket No. 58-0113-1901)

01/28/20

Benson and Daniel, Minimum Thickness of Compacted Soil Liners: I. Stochastic Models (Article in Journal of Geotechnical Engineering – January 1994)

Benson and Daniel, Minimum Thickness of Compacted Soil Liners: II. Analysis and Case Histories (Article in Journal of Geotechnical Engineering – January 1994)

Design, Construction, and Evaluation of Clay Liners for Waste Management Facilities (EPA/530-SW-86-007-F)

07/01/19
Additional Information  
Idaho Mining Association Letter to DEQ: Request for Rulemaking (March 18, 2019) 4/24/19

 


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Staff Contacts

Senior Mining Scientist
Don Carpenter
DEQ State Office
Waste Management & Remediation Division
1410 N. Hilton
Boise, ID 83706
(208) 373-0141
don.carpenter@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