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Air Quality: Docket No. 58-0101-1902

Rulemaking initiated to revise the fee structure of a Clean Air Act mandated air permitting program.

Status of Rulemaking

Negotiated rulemaking meeting August 24, 2021.


This rulemaking has been initiated to revise the fee structure of a Clean Air Act mandated air permitting program. 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, DEQ must 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. Collection of the fees is authorized by Sections 39-115(3), and 39-118D, Idaho Code.

Negotiated Rulemaking Meeting Schedule

August 24, 2021, 9:30 a.m. to 3 p.m. MDT

(attendance via Zoom is encouraged)

DEQ State Office Conference Center, 1410 N. Hilton Street, Boise, Idaho

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Meeting ID: 833 4665 0331
Passcode: 654672

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Contact Paula Wilson to sign up for Zoom participation.

The meeting location will be accessible to persons with disabilities, and language translators will be made available upon request.  Requests must be made no later than five (5) business days prior to the meeting date.  For arrangements, contact Paula Wilson.

  • Upcoming Meeting
  • Previous Meetings

August 24, 2021

May 7, 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 in person or via Zoom. 

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 participation or email notifications, contact Paula Wilson.

Submit 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 PresentationsDate PostedDate of Meeting DiscussionWritten Comment Deadline
Negotiated Rule Draft No. 3 – to be posted by August 17, 2021 08/24/21 
Summary / Status of Title V Fee Rulemaking06/26/19N/AN/A
Negotiated Rule Draft No. 205/22/19N/AN/A

Title V Fee Rulemaking May 8, 2019  DEQ PowerPoint Presentation

Title V Program Fee Projections  DEQ Excel

Title V Facilities Fees Calculations with Fee Rule Increase DEQ Excel

Processing Hours Over Time  DEQ Excel

NACAA Title V Fees Survey

Preliminary Draft (Draft No. 1)04/23/1905/07/1905/14/19
Comment Submitted By Date Received
Comment on Preliminary Draft Rule (Draft No. 1)  Idaho Association of Commerce & Industry (IACI) 5/14/19
Comment on Preliminary Draft Rule (Draft No. 1) Idaho Solid Waste Association (ISWA) 5/14/19
Comment on Preliminary Draft Rule (Draft No. 1) Clearwater Paper 5/14/19
Comment on Preliminary Draft Rule (Draft No. 1) The Amalgamated Sugar Company (TASCO) 5/14/19

Information pending

Information pending

Information pending.

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