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Air Quality: Docket No. 58-0101-2101

Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020, and Title V fee rule revisions negotiated under Docket No. 58-0101-1902.

Status of Rulemaking

Final rule effective March 28, 2023.

Overview

DEQ initiated this rulemaking in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.  Pursuant to EO 2020-01, each rule chapter effective on June 30, 2020, shall be reviewed by the agency that promulgated the rule.  The review will be conducted according to a schedule established by the Division of Financial Management, Office of the Governor (DFM. This is one of the DEQ rule chapters up for review in 2022.

The goal of the rulemaking is to perform a critical and comprehensive review of the entire chapter in an attempt to reduce overall regulatory burden, streamline various provisions, and increase clarity and ease of use.

This rulemaking updates federal regulations incorporated by reference with the July 1, 2022 Code of Federal Regulations (CFR) effective date. The July 1, 2022 CFR is a codification of federal regulations published in the Federal Register as of July 1, 2022. To ensure that the state rules remain consistent with federal regulations, the Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01, are updated annually to maintain consistency with the federal regulations implementing the Clean Air Act. 

This rulemaking also includes the revised fee structure of a Clean Air Act mandated air permitting program negotiated under Docket No. 58-0101-1902. Sections 387 – 397. Major industrial sources of air pollution are required to have a Title V operating permit.  In Idaho, the Title V permitting program is administered by DEQ.  The Clean Air Act requires these industrial sources to pay on-going annual fees to cover all reasonable costs associated with the Title V permitting program (Clean Air Act 42 USC 7661a(b)(3) and implementation regulation at 40 CFR 70.9).  In January 2018, the Idaho National Laboratory (INL) decreased its emissions such that it will no longer be required to have a Title V operating permit and, therefore, will no longer pay Title V permitting fees. Since the inception of the Title V permitting program, the INL has paid a Title V permitting fee of $500,000, which covered far more than its share of program costs. Without this significant sum, it was necessary for DEQ to negotiate a revision to the current fee structure to ensure there is sufficient funding to cover the costs of administering the Title V program in Idaho.

Negotiated Rulemaking Meeting Schedule

No additional meetings are scheduled.

Method for Submitting Comments

Submit all written comments to:
Carl Brown
Air Quality Rules & Planning Coordinator
Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
carl.brown@deq.idaho.gov

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Negotiated Rule Documents and Meeting PresentationsDate PostedDate of MeetingWritten Comment Deadline
    

Negotiated Rule Draft No. 5
This draft includes revisions based on DEQ review. The revisions are highlighted in yellow.

08/31/22N/A

DEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the September 7, 2022 Idaho Administrative Bulletin.
Revisions negotiated under Docket No. 58-0101-1902 will be included in the proposed rule docket.

Negotiated Rule Draft No. 4 (Adobe Acrobat PDF format)

Negotiated Rule Draft No. 4 (Microsoft Word format)
Track changes can be accepted for easier review.

05/04/22N/ADEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the Idaho Administrative Bulletin.

Negotiated Rule Draft No. 3 (Adobe Acrobat PDF format)

Negotiated Rule Draft No. 3 (Microsoft Word format)
Track changes can be accepted for easier review.

03/29/2203/29/2204/14/22
Note: Cross-references for revised section numbers have not yet been corrected.

Negotiated Rule Draft No. 2 (Adobe Acrobat PDF format)

Negotiated Rule Draft No. 2 (Microsoft Word format)
Track changes can be accepted for easier review.

03/15/2203/29/22

04/14/22
Note: Cross-references for revised section numbers have not yet been corrected.

Air Quality Zero Based Rulemaking – DEQ PowerPoint Presentation October 28, 2021

Preliminary Draft Rule (Draft No. 1)
(Adobe Acrobat PDF format)

Preliminary Draft Rule (Draft No. 1)
(Microsoft Word format)
Track changes can be accepted for easier review.

10/12/21

10/28/21 and 11/30/21

Comment deadline extended to 01/28/22
Note: Cross-references for revised section numbers have not yet been corrected.

CommentSubmitted byDate Received
NANANA
NANANA
NANANA
NANANA
NANANA
NANANA
NANANA
Comment on Proposed RuleJim Rehder10/13/22
Comment on Proposed RuleU.S. EPA Region 1010/11/22
Public Hearing on Proposed Rule

Certificate of Hearing for the October 11, 2022, Public Hearing on Proposed Rule
(No comments were received at the hearing)

NA
Comment on Rule Draft No. 3

Idaho Association of Commerce and Industry (IACI)

04/14/22
Comment on Preliminary Draft Rule (Draft No. 1)John Rubert
Mokins Bay, Hayden Lake
02/17/22
Comment on Preliminary Draft Rule (Draft No. 1)Idaho Association of Commerce and Industry (IACI)
IACI comment bubbles on rule draft 1
02/16/22
Comment on Preliminary Draft Rule (Draft No. 1)John Rubert
Mokins Bay, Hayden Lake
02/01/22
Comment on Preliminary Draft Rule (Draft No. 1)Idaho Association of Commerce and Industry (IACI)01/28/22
Comment on Preliminary Draft Rule (Draft No. 1)U.S. EPA Region 10
EPA letter with comments
EPA comment bubbles on rule draft 1
12/10/21
Comment on Preliminary Draft Rule (Draft No. 1)Stoel Rives11/12/21
Comment on Preliminary Draft Rule (Draft No. 1)Idaho Association of Commerce & Industry (IACI)11/12/21
Comment on Preliminary Draft Rule (Draft No. 1)TORF Environmental Management11/12/21
Comment on Preliminary Draft Rule (Draft No. 1)Idaho Conservation League (ICL)11/12/21
Comment on Preliminary Draft Rule (Draft No. 1)Trinity Consultants11/09/21
Comment on Preliminary Draft Rule (Draft No. 1)Jim Rehder
Cottonwood, Idaho
10/30/21
Comment on Preliminary Draft Rule (Draft No. 1)Jim Rehder
Cottonwood, Idaho
09/30/21

Pending Rule in Strike/Out Underline Format (DEQ Document)

Pending rules submitted to the 2023 Idaho Legislature for review
2023 Legislative Rules Review Books

  • House Environment, Energy & Technology Committee
  • Senate Resources & Environment Committee

Interim Legislative Review of Proposed Rule Pursuant to Idaho Code § 67-5223

Board of Environmental Quality – Pending Rule

November 17, 2022, 9 a.m. MST
Attend this meeting in person:
Idaho Department of Environmental Quality, State Office, 1410 N Hilton, Boise, ID

March 28, 2023

No information available at this time.

No information available at this time.

No information available at this time.

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