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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 for the Control of Air Pollution in Idaho

58-0101-0902, Proposed Rule

 

 Rulemaking to Allow Fuel Burning Sources the Ability to Use Higher

 Sulfur Content Fuels so Long as There is No Additional Environmental

 Impact

 Overview

The Rules for the Control of Air Pollution in Idaho limit, for fuel burning sources, the amount of sulfur allowed in residual fuel oil, distillate fuel oil, and coal. This limits the flexibility of industries to use less expensive alternative fuels with higher sulfur contents. DEQ has initiated this rulemaking to allow industries a less expensive alternative to current fuels with no additional environmental impact. The revisions included in this proposed rule allow for higher sulfur content fuels to be used in fuel burning equipment in Idaho as long as the resulting emissions are at levels equal to or lower than those provided for in the existing rules.

Members of the regulated community who may be subject to Idaho's air quality rules, as well as special interest groups, public officials, or members of the public who have an interest in the regulation of air emissions from sources in Idaho, may be interested in commenting on this proposed rule. The proposed rule text is in legislative format. Language the agency proposes to add is underlined. It is this addition to which public comment should be addressed.

After consideration of public comments, DEQ intends to present the final proposal to the Board of Environmental Quality at the October 2009 Board meeting for adoption as a pending rule. The rule is expected to be final and effective upon the adjournment of the 2010 legislative session if adopted by the Board and approved by the Legislature.

 

 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 58.01.23.810-815. On April 1, 2009, the Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol. 09-4, page 40. On April 15, 2009, a preliminary draft negotiated rule was made available for public review. One meeting was held on April 14, 2009. Members of the public participated in this negotiated rulemaking process by attending the meeting and by submitting written comments.

 

 Comment Period

July 1 through August 4, 2009

› View Proposed Rule (pdf format).

› View Rulemaking and Public Comment Summary (pdf format).
 

 Public Hearing

August 4, 2009, 3:30 p.m.

Department of Environmental Quality

Conference Room B

1410 N. Hilton, Boise, Idaho

 

 Idaho Administrative Bulletin

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

Notice of Negotiated of Rulemaking - April 1, 2009

Proposed Rule - July 1, 2009

 

 DEQ Contact

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



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