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Design and Construction of Phosphogypsum Stacks: Docket No. 58-0119-2001

Rulemaking initiated to revise the fee structure of a Clean Rulemaking initiated for the promulgation of rules for the design and construction of phosphogypsum stacks as directed by the 2020 Idaho Legislature.

Status of Rulemaking

Next negotiated rulemaking date to be determined.

Overview

This rulemaking has been initiated for the promulgation of rules for the design and construction of phosphogypsum stacks as directed by the 2020 Idaho Legislature. In response to the Idaho Legislature’s directive, DEQ proposes to negotiate a new rule chapter consistent with the statutory requirements in House Bill 367 (codified at Idaho Code §§ 39-176A – 39-176F) regarding construction and lateral expansion and management of phosphogypsum stacks and phosphogypsum stack systems and other such rules as may be necessary to carry out the legislative intent and purposes.

Negotiated Rulemaking Meeting Schedule

MEETING SET FOR PUBLIC PARTICIPATION VIA TELEPHONE AND VIDEO CONFERENCING

Next negotiated rulemaking date to be determined.

Contact Paula Wilson to sign up for participation by telephone and video conferencing.

In an effort to reduce and slow coronavirus spread, DEQ will hold this meeting via telephone and video conferencing. Language translators will be made available upon request.  Requests must be made no later than five (5) days prior to the meeting date.  For arrangements, contact Paula Wilson.

  • Upcoming Meeting
  • Previous Meetings

Next negotiated rulemaking date to be determined.

December 15, 2020 -  Agenda | Participant List
October 30, 2020 -  Agenda | Participant List
May 28, 2020 -  Agenda | Participant List
April 16, 2020 - Agenda Participant List

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. Individuals interested in participating  should contact Paula Wilson.

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 PresentationsDate PostedDate of Meeting DiscussionWritten Comment Deadline

Agenda for December 15, 2020

Discussion Points for December 15, 2020 The issues identified in the Agenda and presented in the Discussion Points will be the subject of the December 15, 2020, discussion. A revised negotiated rule draft has not been posted for this meeting.

12/11/2012/15/202/05/21
Negotiated Rule Draft No. 2 This draft includes revisions based on the May 28, 2020, meeting discussion, review of written comments received, and DEQ staff review for compliance with Executive Order No. 2020-01, Zero-Based Regulation. The revisions are in strike out/underline format. The substantive revisions based on the meeting discussion and comments received are highlighted in yellow.10/23/2010/30/2011/13/20

Agenda for May 28, 2020

Discussion Points for May 28, 2020 The issues identified in the Agenda and presented in the Discussion Points will be the subject of the May 28, 2020, discussion. A revised negotiated rule draft has not been posted for this meeting.

5/26/205/28/206/09/20
Meeting Exhibit 1 – Definition of Stored Presented for ConsiderationMeeting Exhibit 2 – Revised Section 200, Deviations, Timeline Presented for Consideration4/17/204/16/204/28/20
Preliminary Draft Rule (Draft No. 1)4/01/204/16/204/28/20

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Public CommentsCommentDate Received
Comment on 12/15/20 Meeting PresentationNu-West Industries02/05/21
Comment on Negotiated Rule Draft No. 2Itafos Conda11/13/20
Comment on Negotiated Rule Draft No. 2Idaho Mining Association (IMA)11/13/20
Comment on Negotiated Rule Draft No. 2EPA Region 1011/13/20
Comment on Negotiated Rule Draft No. 2J.R. Simplot Company11/13/20
Comment on Negotiated Rule Draft No. 2Idaho Conservation League (ICL)11/13/20
Comment on Negotiated Rule Draft No. 2Idaho Association of Commerce & Industry (IACI)11/13/20
Comment on Negotiated Rule Draft No. 2Nu-West Industries11/13/20
Comment on 5/28/20 meeting presentationIdaho Conservation League (ICL)6/9/20
Comment on 5/28/20 meeting presentationJ.R. Simplot Company6/9/20
Comment on 5/28/20 meeting presentationNu-West Industries6/9/20
Comment on 5/28/20 meeting presentationIdaho Mining Association (IMA)6/9/20
Comment on 5/28/20 meeting presentationEPA Region 106/8/20
Comment on Preliminary Draft Rule (Draft No. 1) Idaho Mining Association (IMA)4/28/20
Comment on Preliminary Draft Rule (Draft No. 1) Itafos Conda4/28/20
Comment on Preliminary Draft Rule (Draft No. 1) Nu-West Industries4/28/20
Comment on Preliminary Draft Rule (Draft No. 1) JR Simplot Company 4/28/20
Comment on Preliminary Draft Rule (Draft No. 1) EPA Region 104/28/20
Comment on Preliminary Draft Rule (Draft No. 1) Idaho Conservation League (ICL)4/27/20

Information pending

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