Idaho DEQ Rulemaking: Air Quality: Mercury Emissions

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Current DEQ Rulemaking Activity

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

58-0101-0904, Negotiated Rulemaking

Rulemaking Initiated in Response to Petition Filed by Idaho

Conservation League and P4 Production, LLC to Develop Air Quality

Rules Designed to Limit and Control Mercury Emissions from Certain

Facilities

Overview

The Department of Environmental Quality (DEQ) has initiated this rulemaking in response to a Petition for Initiation of Rulemaking filed by Idaho Conservation League (ICL) and P4 Production, LLC (P4). In the petition, ICL and P4 requested that the Board of Environmental Quality direct DEQ to initiate negotiated rulemaking to solicit public comment and involvement in developing air quality rules designed to limit and control mercury emissions from certain facilities. The petition was granted by the Board on July 29, 2009.

The text of the rule will be drafted by DEQ in conjunction with a negotiating committee made up of persons having an interest in the development of this rule. 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 participating in this rulemaking.

Draft Negotiated Rule

The preliminary draft rule is available below 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)	10/6/09	10/30/09
Draft No. 2	11/20/09	01/13/10

Public Comments	Date Received	Submitted By
Comment on Draft No. 1	10/30/09	J.R. Simplot Company
Comment on Draft No. 1	10/30/09	The Amalgamated Sugar Co., LLC
Comment on Draft No. 1	10/30/09	Nu-West Industries, Inc.

Documents Distributed for Negotiated Rulemaking	Date Posted
Petition for Initiation of Rulemaking filed by the Idaho Conservation League and P4 Productions, LLC	9/24/09
Wisconsin Administrative Code - Control of Mercury Emissions	10/6/09
Emissions Data Hierarchy Guidance Document	10/6/09
Comparison of Definitions of BACT and MBACT	10/30/09

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
October 28, 2009
December 9, 2009: MEETING CANCELLED
January 6, 2010 9 - 12 noon Department of Environmental Quality Conference Room D 1410 N. Hilton, Boise, ID	Requests to participate by telephone must be made by January 4, 2010.
No additional meetings have been scheduled.

Idaho Administrative Bulletin

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

Notice of Negotiated of Rulemaking - October 7, 2009

DEQ Contact

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

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