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Current DEQ Rulemaking Activity

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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 for the Control of Air Pollution in Idaho

58-0101-0702, Temporary/Pending Rule

 

 Development of a Rule Requiring Stage 1 Vapor Collection at

 Retail Gasoline Stations in Ada and Canyon Counties

 Overview

The Treasure Valley is now, and has been for several years, experiencing high concentrations of ozone in the ambient air.  The federal government lowered the national ambient air quality standard for ozone this year.  Installation and operation of Stage 1 vapor collection equipment will reduce volatile organic compound (VOC) emissions by over 1,000 tons per year.  Because VOCs are the major contributor to ozone formation, such a reduction should reduce ozone in the ambient air and potentially lower concentrations such that ozone nonattainment may be avoided.

Additionally, the Treasure Valley Air Quality Plan, as developed by the Treasure Valley Air Quality Council and accepted by the Idaho Legislature, requires the Department of Environmental Quality (DEQ) to develop a rule requiring Stage 1 vapor collection in Ada and Canyon Counties.  Treasure Valley Air Quality Plan, February 27, 2007 at page 95.

 

After consideration of public comments, the rule has been adopted as initially proposed.

 

 Temporary Rule Justification

Pursuant to Sections 67-5226(1)(a), Idaho Code, the Governor has found that temporary adoption of this rule is necessary to protect the public health.  DEQ has received approval from the Govenor's office for temporary adoption of this rule in an effort to reduce VOC emissions and potentially avoid an ozone nonattainment designation by the U.S. Environmental Protection Agency.  The sooner the vapor collection systems are installed, the greater the chance the area has to avoid nonattainment designation.  It is particularly important to have a rule effective by spring 2009 so that the regulated community will have time to install the necessary vapor collection equipment before the hot summer weather sets in, which is when ozone is formed. 
 

 Effective Date

April 1, 2009
 

 Negotiated Rulemaking

The text of the proposed rule has been drafted based on discussions held and concerns raised during negotiations conducted pursuant to Idaho Code Section 67-5220 and IDAPA 04.11.01.810-815. On September 5, 2007, the Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol. 07-9, page 309.  On August 1, 2008, a preliminary draft rule was made available for public review.  Meetings were held on September 27, 2007; October 18, 2007; December 6, 2007; February 6, 2008; August 13, 2008; and August 26, 2008. Several members of the public participated in this negotiated rulemaking process by attending the meetings and by submitting written comments. 

 

 Comment Period

November 5, 2008 through December 9, 2008
> View Proposed Rule (pdf format).
> View Rulemaking and Public Comment Summary (pdf format).
> View Notice of Adoption of Temporary and Pending Rule (pdf format).
 

 Idaho Administrative Bulletin

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

Notice of Negotiated Rulemaking - September 5, 2007

Proposed Rule - November 5, 2008

Notice of Adoption of Temporary and Pending Rule - April 1, 2009

 

 DEQ Contact
Martin Bauer, (208) 373-0440 or martin.bauer@deq.idaho.gov. 



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