Status of Rulemaking
Rulemaking vacated. In April 2020, DEQ initiated this negotiated rulemaking pursuant to HB367. HB367 was signed into law on March 9, 2020, and created Idaho Code §§ 39-176A – 39-176F. HB367 directed DEQ to conduct rulemaking for the design and construction of new and lateral expansions of phosphogypsum stacks and phosphogypsum stack systems. During the 2021 legislative session, HB239 was signed into law on April 16, 2021. HB239 modified Idaho Code §§ 39-176A – 39-176F by adding certain design and construction requirements for phosphogypsum stack systems within the code sections that were being discussed through the negotiated rulemaking process. In addition, HB239 added a fee structure for DEQ review and approval of plans and associated documents and removed the directive for DEQ to conduct rulemaking in accordance with Idaho Code §§ 39-176A – 39-176F. Therefore, DEQ is vacating this rulemaking.
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
No additional negotiated rulemaking meetings are scheduled.
No meeting scheduled
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 Presentations | Date Posted | Date of Meeting Discussion | Written Comment Deadline |
|---|---|---|---|
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. | 12/11/20 | 12/15/20 | 2/05/21 |
| 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. | 10/23/20 | 10/30/20 | 11/13/20 |
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. | 5/26/20 | 5/28/20 | 6/09/20 |
| Meeting Exhibit 1 – Definition of Stored Presented for ConsiderationMeeting Exhibit 2 – Revised Section 200, Deviations, Timeline Presented for Consideration | 4/17/20 | 4/16/20 | 4/28/20 |
| Preliminary Draft Rule (Draft No. 1) | 4/01/20 | 4/16/20 | 4/28/20 |
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| Public Comments | Comment | Date Received |
|---|---|---|
| Comment on 12/15/20 Meeting Presentation | Nu-West Industries | 02/05/21 |
| Comment on Negotiated Rule Draft No. 2 | Itafos Conda | 11/13/20 |
| Comment on Negotiated Rule Draft No. 2 | Idaho Mining Association (IMA) | 11/13/20 |
| Comment on Negotiated Rule Draft No. 2 | EPA Region 10 | 11/13/20 |
| Comment on Negotiated Rule Draft No. 2 | J.R. Simplot Company | 11/13/20 |
| Comment on Negotiated Rule Draft No. 2 | Idaho Conservation League (ICL) | 11/13/20 |
| Comment on Negotiated Rule Draft No. 2 | Idaho Association of Commerce & Industry (IACI) | 11/13/20 |
| Comment on Negotiated Rule Draft No. 2 | Nu-West Industries | 11/13/20 |
| Comment on 5/28/20 meeting presentation | Idaho Conservation League (ICL) | 6/9/20 |
| Comment on 5/28/20 meeting presentation | J.R. Simplot Company | 6/9/20 |
| Comment on 5/28/20 meeting presentation | Nu-West Industries | 6/9/20 |
| Comment on 5/28/20 meeting presentation | Idaho Mining Association (IMA) | 6/9/20 |
| Comment on 5/28/20 meeting presentation | EPA Region 10 | 6/8/20 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Idaho Mining Association (IMA) | 4/28/20 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Itafos Conda | 4/28/20 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Nu-West Industries | 4/28/20 |
| Comment on Preliminary Draft Rule (Draft No. 1) | JR Simplot Company | 4/28/20 |
| Comment on Preliminary Draft Rule (Draft No. 1) | EPA Region 10 | 4/28/20 |
| Comment on Preliminary Draft Rule (Draft No. 1) | Idaho Conservation League (ICL) | 4/27/20 |
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