This rule was adopted as a temporary rule by the Board in March 2008 and is currently effective. 

The purpose of this rulemaking is to implement the provisions of House Bill 557, wherein the 2008 Idaho Legislature approved a program for the open burning of crop residue to be administered by the Idaho Department of Environmental Quality (IDEQ) and repealed the Smoke Management and Crop Residue Disposal Act previously administered by the Idaho State Department of Agriculture (ISDA).  Field burning has been prohibited in Idaho since January 2007 as a result of a 9th Circuit Court of Appeals ruling. In December 2007 representatives of farming organizations, Safe Air for Everyone (SAFE), ISDA, and IDEQ agreed on various components of a program for the open burning of crop residue. House Bill  557 and this rule address the central components of that agreement.

This rule is modeled after the Nez Perce smoke management program which prohibits field burning if air quality levels exceed or are expected to exceed 75% of any national ambient air quality standard.  Farmers are required to obtain a notice of approval to burn, provide notice of proposed burns, and pay a registration fee based upon the number of acres to be burned.  The rule contains provisions to ensure that the public has ready access to this information.  In addition, IDEQ is required to conduct ongoing and annual reviews of the program.

Adoption of this temporary rule does not in itself authorize the open burning of crop residue in Idaho.  Before burning can resume in Idaho, several actions must take place, including development of a revised State Implementation Plan (SIP) and approval of  the SIP by the U.S. Environmental Protection Agency.

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

The text of the rule has been drafted based on discussions held and concerns raised during negotiations conducted pursuant to Idaho Code Section 67-5220 and IDAPA 04.11.01.812-815. On February 6, 2008, the Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol. 08-2, page 31, and a preliminary draft rule was made available for public review.  Meetings were held on February 12, 15, and 21, 2008. Several members of the public participated in this negotiated rulemaking process by attending the meetings and by submitting written comments. 

April 2 through May 2, 2008

> View Temporary/Proposed Rule (pdf format).

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

Notice of Negotiated Rulemaking - February 6, 2008

Temporary/Proposed Rule - April 2, 2008

Notice of Adoption of Pending Rule - December 3, 2008