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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: Hazardous Waste

58-0105-0801, Pending Rule

 

 Update of Federal Regulations Incorporated by Reference

 Overview

Idaho's Rules and Standards for Hazardous Waste are updated annually to maintain consistency with the U.S. Environmental Protection Agency's federal regulations implementing the Resource Conservation and Recovery Act (RCRA) as directed by the Idaho Hazardous Waste Management Act (HWMA). Idaho has historically adopted both required and optional federal regulations so that Idaho's hazardous waste rules are the same as federal requirements.  Optional federal regulations usually allow more flexibility to the regulated community; required federal regulations are necessary to maintain program primacy.  Adoption by reference allows the Department of Environmental Quality (DEQ) to keep its rules up to date with federal regulation changes and minimizes the EPA Region 10 effort needed to keep Idaho's authorization current.  Adoption by reference also simplifies compliance for the regulated community.

 

This proposed rule updates the federal regulations incorporated by reference to include those revised as of July 1, 2008.  In addition, this proposed rule includes new Section 017 to include 40 CFR Part 278, Criteria For The Management of Granular Mine Tailings (CHAT) In Asphalt Concrete And Portland Cement Concrete In Transportation Construction Projects Funded In Whole Or In Part By Federal Funds.

 

DEQ received no public comments, and the rule has been adopted as initially proposed.

 

 Effective Date

Adjournment of 2009 legislative session if approved by the Legislature.
 

 Negotiated Rulemaking

Due to the nature of this rulemaking, negotiations were not held. 

 

 Comment Period

August 6 through September 3, 2008

> View Proposed Rule (pdf format).

 

 Idaho Administrative Bulletin

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

Proposed Rule - August 6, 2008

Notice of Adoption of Pending Rule - December 3, 2008

 

 DEQ Contact

John Brueck, (208) 373-0458 or john.brueck@deq.idaho.gov



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