Rulemaking initiated to update federal regulations incorporated by reference.
Status of Rulemaking
Pending rule adopted by Board on November 16, 2023. If approved by concurrent resolution of the 2024 Idaho State Legislature, the rule will become effective on the date specified in the concurrent resolution.
Overview
The purpose of this rulemaking is 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 federal regulations implementing the Clean Air Act. This proposed rule updates federal regulations incorporated by reference with the July 1, 2023 Code of Federal Regulations (CFR) effective date. The July 1, 2023 CFR is a codification of federal regulations published in the Federal Register as of July 1, 2023. Section 107, Incorporations by Reference, has been streamlined per suggestions made by the Division of Financial Management, Office of the Governor (DFM), for consistency with Zero-Based Executive Order 2020-01.
This rulemaking also adds the definition of “excess emissions” to Section 130 of the rule. During negotiated rulemaking for Docket No. 58-0101-2101, this definition, along with other definitions relating to excess emission events, was struck from Section 006 with the intention of moving them to Section 130. While the other definitions were moved to Section 130, definition of “excess emissions” was inadvertently overlooked. DEQ is now adding it to Section 130 as originally intended. For increased manageability and ease of use, the terms and definitions in Section 130 have been moved to a list and alphabetized.
Public Hearing Details
Open EVENT DETAIL below for public hearing information.
Method for Submitting Comments
Submit all written comments to:
Tiffany Floyd
Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
tiffany.floyd@deq.idaho.gov
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Notice of Rulemaking – Proposed Rule | Written Comment Deadline 10/10/23
| Comment | Submitted by | Date Received |
|---|---|---|
No comments received on proposed rule. | ||
| Certificate of Hearing for the October 10, 2023, Public Hearing on Proposed Rule (No comments were received at the public hearing) | ||
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
Pending rules submitted to the 2024 Idaho Legislature for review
2024 Legislative Rules Review Books
- House Environment, Energy & Technology Committee
- Senate Resources & Environment Committee
Board of Environmental Quality Meeting
November 16, 2023 | 9:00 a.m. MT
Information to attend in person or via Microsoft teams available at Board of Environmental Quality website
Notice of Rulemaking – Adoption of Pending Rule – Posted 12/08/23
Notice of Rulemaking – Proposed Rule – Posted 09/09/23
Overview of Incorporations by Reference – Posted 09/09/23
Information pending.
No information available at this time.
No information available at this time.