Status of Rulemaking
Next negotiated rulemaking meeting date to be determined.
Thank you to everyone who provided written and verbal feedback to DEQ on Negotiated Rule Draft No. 3. DEQ has reviewed the comments provided and is currently evaluating each one to consider what further action should be taken through spring of 2021. These actions will include but are not limited to:
- DEQ and IDL have discussed and will investigate the adequacy of the regulatory framework suggested by several stakeholders. All details of hazard management requirements and options for managing smoke from prescribed fire in Idaho are being explored.
- DEQ will be compiling additional data and information to provide examples of smoke from prescribed fire directly contributing to air quality degradation.
- DEQ staff will remain available for any question and answer meeting opportunities, both formal and informal. These sessions are instrumental in providing an opportunity for DEQ to hear from a broader base of stakeholder groups. DEQ will likely reach out to some stakeholders to help understand specific comments and to continue to gain appreciation of the varied perspectives throughout Idaho.
Frequently Asked Questions
- Negotiated Rulemaking for Prescribed Burning FAQ (posted 10/21/19)
Overview
Prescribed fire has long been used as a forest management tool in Idaho, and its use is expected to increase due to large wildfires becoming more frequent in the Western U.S. However, if not managed properly, smoke from prescribed burning may endanger human health. DEQ’s air quality rules include prescribed burning as an allowable form of open burning when smoke emissions are managed. The prescribed burning rules have two goals: protect public health and provide flexibility to land managers to use prescribed fire as a management tool.
DEQ initiated this rulemaking to update the rules applicable to prescribed burning to ensure that smoke from this type of burning is properly managed and public health is protected. With the increase in the use of prescribed fire, the management of smoke from it is becoming more important.
Negotiated Rulemaking Meeting Schedule
Next negotiated rulemaking meeting date to be determined.
No meeting scheduled
October 6, 2020 – Agenda | Participant List
October 1, 2020 – Agenda | Participant List
September 29, 2020 – Agenda | Participant List
February 11, 2020 – Agenda | Sign-in Sheets
November 25, 2019 – Agenda | Sign-in Sheets
August 1, 2019 – Agenda | Sign-in Sheets
June 20, 2019 – Agenda | Sign-in Sheets
May 10, 2019 – Agenda | Sign-in Sheets
April 9, 2019 – Agenda | Sign-in Sheets
Method for Participating and Submitting Comments
Those interested in participating in the negotiated rulemaking process are encouraged to attend the scheduled meeting via telephone and video conferencing.
For those who cannot participate by attending the meeting, public comment opportunities will be made available throughout the rulemaking process. To sign up for meeting attendance or email notifications, contact Paula Wilson.
Submit all written comments by mail, fax or email to:
Paula Wilson
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481
Paula Wilson
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Information pending
| Negotiated Rule Documents and Meeting Presentations | Date Posted | Date of Meeting Discussion | Written Comment Deadline |
|---|---|---|---|
| Negotiated Rule Draft No. 3 | 9/15/20 | 9/29/20 – Short Duration 10/01/20 – Minor 10/06/20 – Major and Recognized Smoke Management Group | 10/20/20 |
| Version 1 Draft Field Guide | 9/15/20 | 9/29/20 10/01/20 10/06/20 | N/A |
| Summary / Status of Prescribed Burning Rulemaking | 2/19/20 | 2/11/20 | N/A |
| Prescribed Burning Negotiated Rulemaking Meeting 5 November 25, 2019 – DEQ PowerPoint Presentation | 12/2/19 | 11/25/19 | 1/8/20 |
| Negotiated Rule Draft No. 2 | 11/15/19 | 11/25/19 | 1/8/20 |
Prescribed Burning Negotiated Rulemaking Meeting 4 August 1, 2019 DEQ PowerPoint Presentation | 8/5/19 | 8/1/19 | 8/30/19 |
| Preliminary Draft Rule (Draft No. 1) | 7/25/19 | 8/1/19 | 8/30/19 |
Prescribed Fire Negotiated Rulemaking June 20, 2019 DEQ PowerPoint Presentation National Emissions Inventory (NEI) The 2017 NEI has not been posted on the EPA website. The most recent NEI is for 2014. Crop Residue Burning Operating Guide (This link is provided as an example of the type of information found in an operating guide.) | 6/21/19 | 6/20/19 | N/A |
| Prescribed Fire Negotiated Rulemaking May 10, 2019 DEQ PowerPoint Presentation | 5/13/19 | 5/10/19 | 5/30/19 |
Prescribed Fire Negotiated Rulemaking April 9, 2019 DEQ PowerPoint Presentation Montana/Idaho Airshed Group (resource for current burn map provided in the April 9, 2019 DEQ PowerPoint Presentation) | 4/10/19 | 4/09/19 | 4/16/19 |
| A preliminary draft rule was not posted for public review prior to the first meeting. The first meeting has been scheduled for the purpose of discussing the current state of smoke management in Idaho, an overview of the ecology of fire, and the future of prescribed fire activity. |
| Comment | Submitted By | Date Received |
|---|---|---|
| Comment on Negotiated Rule Draft No. 3 | The Nature Conservancy in Idaho | 10/20/20 |
| Comment on Negotiated Rule Draft No. 3 and Version 1 Draft Field Guide | Riley Stegner and Associates on behalf of Bennett Lumber Products, Hancock Forest Management, Molpus Woodlands Group, and Stimson Lumber Company | 10/20/20 |
| Comment on Negotiated Rule Draft No. 3 | Idaho Association of Commerce & Industry (IACI) | 10/20/20 |
| Comment on Negotiated Rule Draft No. 3 and Version 1 Draft Field Guide | Idaho Forest Group (IFG) | 10/19/20 |
| Comment on Negotiated Rule Draft No. 3 | John Kinne, Kootenai, Idaho | 10/19/20 |
| Comment on Negotiated Rule Draft No. 3 and Version 1 Draft Field Guide | PotlatchDeltic | 10/19/20 |
| Comment on Negotiated Rule Draft No. 3 and Version 1 Draft Field Guide | Associated Logging Contractors (ALC) | 10/19/20 |
| Comment on Negotiated Rule Draft No. 3 | Jim Rehder, Cottonwood, Idaho | 10/15/20 |
| Comment on negotiated rulemaking meeting format | Associated Logging Contractors (ALC) | 10/05/20 |
| Comment on Negotiated Rule Draft No. 2 | Idaho Forest Owners Association | 6/22/20 |
| Comment on Negotiated Rule Draft No. 2 | The Nature Conservancy in Idaho | 1/8/20 |
| Comment on Negotiated Rule Draft No. 2 | Idaho Association of Commerce & Industry | 1/8/20 |
| Comment on Negotiated Rule Draft No. 2 | Riley Stegner and Associates on behalf of Bennett Lumber Products, Hancock Forest Management, Idaho Forest Group, Molpus Woodlands Group, PotlatchDeltic, and Stimson Lumber Company | 1/8/20 |
| Comment on Negotiated Rule Draft No. 2 | U.S. Forest Service | 1/8/20 |
| Comment on Negotiated Rule Draft No. 2 | John Kinne | 1/6/20 |
| Comment on Negotiated Rule Draft No. 2 | Mike Reggear | 12/30/19 |
| Comment on Negotiated Rule Draft No. 2 | Idaho Conservation League (ICL) | 12/20/19 |
| Comment on Negotiated Rule Draft No. 2 | Associated Logging Contractors (ALC) | 11/22/19 |
| Comment on Preliminary Draft Rule (Draft No. 1) | U.S. Forest Service | 8/30/19 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Riley Stegner and Associates on behalf of Bennett Lumber Products, Hancock Forest Management, Idaho Forest Group, Molpus Woodlands Group, PotlatchDeltic, and Stimson Lumber Company | 8/29/19 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Glen Burkhardt, Bureau of Land Management (BLM) | 8/28/19 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Associated Logging Contractors (ALC) | 8/26/19 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Jim Rehder, Cottonwood, Idaho | 8/6/19 |
| Comment on Preliminary Draft Rule (Draft No. 1) | CapitolWest Consultants on behalf of Associated Logging Contractors (ALC) | 8/2/19 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Joseph Adamski, Bureau of Land Management (BLM) | 8/1/19 |
| Comment on Preliminary Draft Rule (Draft No. 1) | John Kinne, Kootenai, Idaho | 8/1/19 |
| Comment on 6/20/19 meeting presentation | Associated Logging Contractors (ALC) | 6/24/19 |
| Comment on 5/10/19 meeting presentation | Adams County Commissioner Viki Purdy | 6/7/19 |
| Comment on 5/10/19 meeting presentation | Washington County Commissioners | 5/30/19 |
| Comment on 5/10/19 meeting presentation | Jacob Odekirk | 5/28/19 |
| Comment on 5/10/19 meeting presentation | Kevin Chaffee, NCF | 5/10/19 |
| Comment on 4/9/19 meeting presentation | Idaho Conservation League (ICL) | 4/15/19 |
| Comment on 4/9/19 meeting presentation | Jim Rehder, Cottonwood, Idaho | 4/11/19 |
| Comment on 4/9/19 meeting presentation | Intermountain Society of American Foresters Snake River Chapter | 4/9/19 |
Information pending
Information pending
Information pending
Information pending
- Status and Next Steps for Prescribed Burning Rulemaking (October 2020)
- Prescribed Fire Use Survey Results (September 2020)
- Summary and Status of Prescribed Burning Rulemaking (May 2020)
- National Wildfire Coordinating Group (NWCG) Smoke Management Guide for Prescribed Fire(February 2018)
- Natural Resources Conservation Services (NRCS) Basic Smoke Management Practices
(October 2011) - DEQ Policy Statement PS20-05: Air Quality Administrative Penalties
- Treatment of Data Influenced by Exceptional Events, EPA Rule and Guidance
- Institutions with Sensitive Populations, (ISP) GIS shape file
- Current Montana/Idaho Airshed Group Airshed Definitions, Impact Zones GIS file
- Current Nonattainment area GIS file
- Combined GIS layers with PM Advance Areas of Current Actions
- DEQ Real-Time Air monitoring
- DEQ Annual Ambient Air Quality Monitoring Network Plan
- National Emissions Inventory (NEI)
The 2017 NEI has not been posted on the EPA website. The most recent NEI is for 2014. - Idaho DEQ’s Open Burning Map
- Crop Residue Burning Operating Guide
(This link is provided as an example of the type of information found in an operating guide.) - Montana/Idaho Airshed Group
(resource for current burn map provided in the April 9, 2019 DEQ PowerPoint Presentation) - Idaho Prescribed Fire Council Flier
For more information and to sign up for the prescribed fire council email list, go to www.IdahoPrescribedFireCouncil.org - Open Burning of Crop Residue State Implementation Plan (SIP) Revision (DEQ, May 2008)
History of development of the program is located in Section 1 - Policy Barriers and Opportunities: Strategies for increasing prescribed fire application on federal lands from cases studies in the US West (Northwest Fire Science Consortium and Southern Rockies Fire Science Network Webinar, January 27, 2020)
Information pending