Status of Rulemaking
No additional negotiated rulemaking meetings are scheduled. In 2022, revisions negotiated under this docket will be included in the proposed rule publication of Zero-Based Regulation Docket No. 58-0101-2101.
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
No additional negotiated rulemaking meetings are scheduled.
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:
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481
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|Negotiated Rule Documents and Meeting Presentations||Date Posted||Date of Meeting Discussion||Written Comment Deadline|
|Master Copy Negotiated Rule Draft|
(compilation of all track changes revisions for this docket)
Negotiated Rule Draft No. 4 (clean version revised)
Negotiated Rule Draft No. 3 (clean version)
|Summary / Status of Title V Fee Rulemaking||06/26/19||N/A||N/A|
|Negotiated Rule Draft No. 2||05/22/19||N/A||N/A|
|Preliminary Draft (Draft No. 1)||04/23/19||05/07/19||05/14/19|
|Comment||Submitted By||Date Received|
|Comment on Rule Draft No. 4||Idaho Association of Commerce & Industry (IACI)||10/15/21|
|Comment on Rule Draft No. 3||Idaho Association of Commerce & Industry (IACI)||09/07/21|
|Comment on Preliminary Draft Rule (Draft No. 1)||Idaho Association of Commerce & Industry (IACI)||05/14/19|
|Comment on Preliminary Draft Rule (Draft No. 1)||Idaho Solid Waste Association (ISWA)||05/14/19|
|Comment on Preliminary Draft Rule (Draft No. 1)||Clearwater Paper||05/14/19|
|Comment on Preliminary Draft Rule (Draft No. 1)||The Amalgamated Sugar Company (TASCO)||05/14/19|