Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.
Status
Negotiated rulemaking meeting May 9, 2024.
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), posted at https://adminrules.idaho.gov/forms_menu.html. This is one of the DEQ rule chapters up for review in 2024. 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, increase clarity and ease of use, and maintain state program approval.
This rulemaking includes updates consistent with the adopted Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (40 CFR Part 280) required for state program approval. It also includes a proposal to retire DEQ’s risk evaluation software in exchange for the Environmental Protection Agency’s (EPA) risk evaluation process using EPA’s Regional Screening Level Calculator and Vapor Intrusion Screening Level Calculator.
This rulemaking also includes a proposal to move Sections 800 and 849 – 852 from the Water Quality Standards (IDAPA 58.01.02) to IDAPA 58.01.24. In the IDAPA 58.01.24 negotiated rule draft, Sections 800 and 849 – 852 were renumbered and revised to fit into 58.01.24. At the conclusion of the negotiated rulemaking, DEQ will initiate a separate companion rulemaking for the purpose of deleting the sections identified for removal from IDAPA 58.01.02 and moved to IDAPA 58.01.24.
Meeting Details
Open EVENT DETAIL below for meeting information and agenda.
Negotiated Rulemaking Meeting Petroleum Release Corrective Action: Docket No. 58-0124-2401
Negotiated Rulemaking Meeting Petroleum Release Corrective Action: Docket No. 58-0124-2401
Negotiated Rulemaking Meeting Petroleum Release Corrective Action: Docket No. 58-0124-2401
Scoping Meeting for IDAPA 58.01.24, Risk Based Corrective Action at Petroleum Release Sites
Method for Participating and Submitting Comments
Those interested in participating in the negotiated rulemaking process are encouraged to attend the scheduled meeting.
Public comment opportunities will be made available throughout the rulemaking process for those who cannot participate by attending the meeting.
Submit all written comments and direct questions to:
Kristi Lowder
Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
kristi.lowder@deq.idaho.gov
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Information pending.
| Negotiated Rule Documents and Meeting Presentations | Date Posted | Date of Meeting | Written Comment Deadline |
|---|---|---|---|
| NA | NA | NA | NA |
Negotiated Rule Draft No. 3 | 04/30/24 | 05/09/24 | 05/16/24 |
Negotiated Rule Draft No. 2 58.01.24 Rulemaking Meeting 2 – DEQ PowerPoint Presentation April 11, 2024 | 04/04/24 | 04/11/24 | 04/19/24 |
58.01.24 Rulemaking – DEQ PowerPoint Presentation March 21, 2024 | 02/20/24 | 03/21/24 | 03/29/24 |
| Risk Based Corrective Action Rules Scoping Meeting 2: Risk Software & Rule Changes – DEQ PowerPoint Presentation September 28, 2023 | 09/28/23 | 09/28/23 | 10/13/23 |
| Risk Based Corrective Action Rules Scoping Meeting: Risk Software – DEQ PowerPoint Presentation July 27, 2023 | 07/27/23 | 07/27/23 | 08/11/23 |
| Comment | Submitted by | Date Received |
|---|---|---|
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| Comment on Rule Draft No. 2 | Petroleum Storage Tank Fund (PSTF) | 04/19/24 |
| Comment on Rule Draft No. 1 | Petroleum Storage Tank Fund (PSTF) | 03/29/24 |
| Comment on July 27, 2023 Presentation | Petroleum Storage Tank Fund (PSTF) | 08/30/23 |
Information pending.
Information pending.
Notice of Intent to Promulgate Rules – Zero-Based Regulation Negotiated Rulemaking – Posted 03/06/24
Zero-Based Regulation Prospective Analysis (required by Executive Order 2020-01, ¶4.b.) – Posted 03/06/24
Information pending.
No information available at this time.
No information available at this time.