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Current DEQ Rulemaking Activity

See Also

Administrative Rules Process Overview

DEQ's Codified Rule Chapters

On Department of Administration Web site

DEQ Administrative Rules Coordinator

Paula Wilson

DEQ State Office

1410 N. Hilton

Boise, Idaho 83706

ph: (208) 373-0418

fx: (208) 373-0481

paula.wilson@deq.idaho.gov

  

DEQ Rulemaking: Rules of Administrative Procedure
Before the Board of Environmental Quality

58-0123-0901, Negotiated Rulemaking

 
 Revisions for Clarification Purposes and for Consistency with the

 Idaho Administrative Procedure Act and the Environmental

 Protection and Health Act

 Overview

This rulemaking has been initiated to make revisions to the Rules of Administrative Procedure Before the Board of Environmental Quality for clarification purposes and for consistency with the Idaho Administrative Procedure Act (APA) and the Environmental Protection and Health Act.  The text of the rule will be drafted by the Department of Environmental Quality (DEQ) in conjunction with a negotiating committee made up of persons having an interest in the development of this rule.  The preliminary draft rule will include the following proposed revisions:

  1. Section 052.  Revisions made for consistency with Idaho Code § 67-5273.
  2. Section 303.  Revisions made to provide flexibility that would allow potential parties to enter into a tolling agreement.
  3. Sections 353 through 355.  Revisions made for clarity and to provide a time limit within which an intervenor, once granted permission to intervene, may file its response to the petition for contested case.
  4. Section 720.  Revisions made for clarity, to streamline the process, for consistency with Section 730, and for consistency with Idaho Code §§ 67-5244 and 67-5273.
  5. Section 730.  Revisions made for clarity, to streamline the process, for consistency with Section 720, and for consistency with Idaho Code §§ 67-5245 and 67-5273. Revisions made to this section remove the Board’s discretion to hear petitions for review of preliminary orders.  The APA does not provide discretion as to whether or not an agency will hear a petition for review.
  6. Sections 740, 750, and 801.  Revisions made for consistency with Idaho Code § 67-5273.
  7. Section 790.  Revisions made for consistency with Idaho Code § 67-5270.
  8. Section 791.  Revisions made for clarity and for consistency with Idaho Code §§ 39-107(6) and 67-5273.
  9. Section 860.  Revisions made for clarity and for consistency with Idaho Code § 39-107(6).

This rulemaking docket may also include other revisions identified during the negotiated rulemaking process as necessary for maintaining consistency within the rule chapter.

 

Citizens of the state of Idaho and representatives of regulated industry having an interest in the procedures for obtaining Board review of an action of DEQ may be interested in participating in this rulemaking.  Upon conclusion of negotiations, DEQ intends to publish a proposed rule for public comment in December 2009 or January 2010 and then present the final proposal to the Board of Environmental Quality for adoption of a pending rule in 2010.  If adopted by the Board, the pending rule will be reviewed by the 2011 Idaho Legislature.
 

 Draft Negotiated Rule

The preliminary draft rule can be obtained here or by contacting Paula Wilson at (208) 373-0418 or paula.wilson@deq.idaho.gov. 

 
Note: Documents are in pdf format.
Draft Negotiated Rule
Date Posted
Written Comment Deadline

Preliminary Draft (Draft No. 1)

8/18/09

9/25/09 - No written comments received.

The comment period for this negotiated rulemaking has concluded. The comment period on the proposed rule will commence upon publication of the proposed rule in the Idaho Administrative Bulletin. DEQ intends to publish the proposed rule on December 2, 2009.

 
Note: Documents are in pdf format.
Reference Documents
Date Posted

Rules of Administrative Procedure Before the Board of Environmental Quality, IDAPA 58.01.23

8/20/09
Relevant sections from the Administrative Procedure Act and the Environmental Protection and Health Act
8/20/09
 

 Method of Participation

Those interested in participating in the negotiated rulemaking process are encouraged to attend the following meeting.  For those who cannot participate by attending the meeting, written comments may be submitted to Paula Wilson by email or fax to 373-0481.  For information regarding submission of written comments on drafts of the negotiated rule, to receive copies of submitted written comments, and to receive the most recent version of the draft negotiated rule, contact Paula Wilson.
 

 Meeting Schedule

The negotiated rulemaking meeting will be held as follows.  Additional meetings may be scheduled if necessary.  For information regarding participation by telephone or scheduling of additional meetings, contact Paula Wilson at (208) 373-0418 or paula.wilson@deq.idaho.gov.

 

Meeting Date and Location

Phone Participation Information

September 23, 2009

9 a.m. - 12 noon

Department of Environmental Quality

Conference Room D

1410 N. Hilton

Boise, ID

Requests to participate by telephone must be made by September 21, 2009.
No additional meetings have been scheduled.
 

 Idaho Administrative Bulletin

adm.idaho.gov/adminrules/bulletin/mstrtoc.htm

Notice of Negotiated Rulemaking - September 2, 2009

 

 DEQ Contact
Paula Wilson, (208) 373-0418 or paula.wilson@deq.idaho.gov.



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