Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.
Status
Pending rule adopted by Board on November 16, 2023. If approved by concurrent resolution of the 2024 Idaho State Legislature, the rule will become effective on the date specified in the concurrent resolution.
Overview
DEQ initiated this rulemaking in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020. Pursuant to EO 2020-01, each rule chapter effective on June 30, 2020, shall be reviewed by the agency that promulgated the rule. The review will be conducted according to a schedule established by the Division of Financial Management, Office of the Governor (DFM), posted at https://adminrules.idaho.gov/forms_menu.html. This is one of the DEQ rule chapters up for review in 2023.
This rulemaking removes sections that are no longer applicable and includes updates consistent with the adopted Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (40 CFR Part 280) required for state program approval. The “revised as of date” of 40 CFR Part 280 has been updated to 2023 even though 40 CFR Part 280 has not been revised since its incorporation by reference into IDAPA 58.01.07, Rules Regulating Underground Storage Tank Systems, in 2017. The purpose of this update is to simplify compliance for the regulated community by making the CFR more accessible.
The goal of the rulemaking is to perform a critical and comprehensive review of the entire chapter in an attempt to reduce overall regulatory burden, streamline various provisions, and increase clarity and ease of use.
Meeting Details
Open EVENT DETAIL below for meeting information and agenda.
Negotiated Rulemaking Meeting Underground Storage Tanks: Docket No. 58-0107-2301
Negotiated Rulemaking Meeting Underground Storage Tanks: Docket No. 58-0107-2301
Method for Participating and Submitting Comments
Those interested in participating in the negotiated rulemaking process are encouraged to attend the scheduled meeting.
For those who cannot participate by attending the meeting, public comment opportunities will be made available throughout the rulemaking process.
Submit all written comments and direct questions to:
Kristi Lowder
Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
kristi.lowder@deq.idaho.gov
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Notice of Rulemaking – Proposed Rule | Written Comment Deadline 09/01/23
| Negotiated Rule Documents and Meeting Presentations | Date Posted | Date of Meeting | Written Comment Deadline |
|---|---|---|---|
| Negotiated Rule Draft No. 2 The revisions in this draft are highlighted in yellow and are based on DFM review (e.g., unnecessary text, restatement of provisions covered in Idaho Code). | 06/08/23 | N/A | The next comment period will commence upon publication of the proposed rule in the August 2, 2023 Idaho Administrative Bulletin. |
| No revisions made to negotiated rule draft | N/A | 05/11/23 | N/A |
| Negotiated Rule Draft No. 1 | 03/01/23 | 03/30/23 | 04/14/23 |
| Comment | Submitted by | Date Received |
|---|---|---|
No written comments received on proposed rule. | ||
| No written comments received on negotiated rule draft. | ||
Pending rules submitted to the 2024 Idaho Legislature for review
2024 Legislative Rules Review Books
- House Environment, Energy & Technology Committee
- Senate Resources & Environment Committee
Board of Environmental Quality Meeting
November 16, 2023 | 9:00 a.m. MT
Information to attend in person or via Microsoft Teams available at Board of Environmental Quality website
Notice of Rulemaking – Adoption of Pending Rule – Posted 12/08/23
Notice of Rulemaking – Proposed Rule – Posted 08/03/23
Proposed Rule Cost/Benefit Analysis – Posted 08/03/23
Negotiated Rulemaking Summary – Posted 08/03/23
Notice of Intent to Promulgate Rules – Zero-Based Regulation Negotiated Rulemaking – Posted 03/01/23
Zero-Based Regulation Prospective Analysis (required by Executive Order 2020-01, ¶4.b.) – Posted 03/01/23
Information pending.
No information available at this time.
No information available at this time.