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Current DEQ Rulemaking Activity

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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 for the Control of Air Pollution in Idaho

58-0101-0803, Pending Rule

 

 Rulemaking to Include Additional BMPs for Controlling Ammonia

 Emissions at Dairy Farming Operations

 Overview

In 2006, the Department of Environmental Quality (DEQ) negotiated a rule revision to IDAPA 58.01.01, Rules for the Control of Air Pollution in Idaho, which added Rules for the Control of Ammonia from Dairy Farms at Sections 760 through 764, requiring dairies above a certain threshold numbers of cows to be subject to industry Best Management Practices (BMPs).  That rulemaking outlined a list of BMPs from which dairies could select various options for controlling ammonia emissions at their dairy farming operations. 

 

Subsection 764.01 provides that the DEQ Director may approve additional BMPs as new information becomes available to DEQ.  A BMP Review Team comprised of representatives from DEQ, the dairy industry, an environmental group, and other state agencies was subsequently formed to review these new BMPs as they were recommended.

 

In 2007, the BMP Review Team received a request to approve BMPs using Zeolite, an ammonia reducing product.  After review, the team recommended that the DEQ Director approve these BMPs for use by dairy farming operations.  The purpose of this rulemaking is to revise Subsection 764.02 to include these additional BMPs. 

 

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

 

 Effective Date

Adjournment of 2009 legislative session if approved by the Legislature.
 

 Negotiated Rulemaking

Because of the prior review, discussion, and negotiations by the BMP Review Team, which is comprised of the majority of the original stakeholders, no additional negotiations on this revision are anticipated unless requested.

 

 Comment Period

September 3 through October 1, 2008

> View Proposed Rule (pdf format).

 

 Idaho Administrative Bulletin

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

Proposed Rule - September 3, 2008

Notice of Adoption of Pending Rule - January 7, 2009

 

 DEQ Contact

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



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