Risk Based Corrective Action at Petroleum Release Sites: Docket No. 58-0124-1801 - Proposed Rule
Rulemaking initiated to update the Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites, IDAPA 58.01.24, and the associated guidance manual, Idaho Risk Evaluation Manual for Petroleum Releases, to reflect the updated toxicity criteria as established by EPA.
Status of Rulemaking
Proposed rule open for public comment September 5 through October 3, 2018.
- Rulemaking Schedule (revised July 19, 2018)
Rulemaking Documents Required by Idaho Administrative Procedure Act
Documents Referenced in Rule
- Idaho Risk Evaluation Manual for Petroleum Releases (August 2018)
DEQ initiated this rulemaking to update the Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites, IDAPA 58.01.24, and the associated guidance manual, Idaho Risk Evaluation Manual for Petroleum Releases, to reflect the updated toxicity criteria as established by EPA. The rule was first adopted by the Idaho Board of Environmental Quality (Board) in 2008 and approved by the Idaho Legislature in 2009. In 2012, the rule was amended to update toxicity criteria and guidance was developed. Since the 2012 adoption of the rule and guidance, many of the petroleum chemicals of concern listed in the tables in the rule have had updated toxicity information which has resulted in the screening levels found in the tables to be out of date with current toxicity criteria.
The proposed rule includes the transfer of Table 2, screening level values, and Table 3, toxicity values, to the guidance manual. DEQ is proposing these revisions to avoid the rule becoming out of date and to promote current and consistent corrective action decision-making at petroleum release sites. The guidance manual has also been updated with the current industry practice for evaluation of the vapor intrusion pathway. The revised Idaho Risk Evaluation Manual for Petroleum Releases is available here.
Cities, counties, bankers, lenders, realtors, petroleum marketers, consultants, and citizens of the state of 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 January 2, 2019, and the pending rule would become final and effective upon adjournment of the 2019 legislative session if approved by the Legislature.
Temporary Rule Justification: 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. The revisions to the rule and associated guidance will confer a benefit to the regulated community by providing the most current toxicity criteria in both the rule and guidance. Adoption of a temporary rule would ensure that the effective date of the rule lines up with the date the revised guidance manual becomes final.
Submit all written comments by mail, fax, or email to:
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481, firstname.lastname@example.org
October 3, 2018
Written Public Comments
|Submitted By||Date Received|
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. Meetings were held on June 29 and July 19, 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.
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, 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.
Draft Negotiated Rule, Associated Draft Guidance, and Meeting Presentation Documents
|Draft Negotiated Rule/Draft Guidance||Date Posted||Date of Meeting Discussion||Written Comment Deadline|
|Negotiated Rule Draft No. 2||08/27/18||N/A||DEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the September 5, 2018, issue of the Idaho Administrative Bulletin. The proposed rule comment deadline is October 3, 2018.|
Written Public Comments
|No comments were received.|