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Public Hearings and Meetings Calendar

Jan
Oct
Nov
Dec

September 2008

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DEPARTMENT OF AGRICULTURE
02-0214-0802 - Rules for Weights and Measures

02-0613-0801 - Notice of Internt to Promulgate Rules - Request for Written Comments

DEPARTMENT OF HEALTH AND WELFARE
16-0602-0801 - Rules Governing Standards for Child Care Licensing

16-0614-0801 (Chapter Repeal) - Rules Governing the Prevention of Minors’ Access to Tobacco Products

16-0725-0801 (New Chapter) - Prevention of Minors’ Access to Tobacco Products

DEPARTMENT OF LANDS
20-0201-0801 - Rules Pertaining to the Idaho Forest Practices Act

20-0209-0801 (Chapter Repeal) - Method of Selling Pole-Quality Western Red Cedar

20-0210-0801 (Chapter Repeal) - Rules for Selling of Forest Products on State-Owned Endowment Lands

20-0214-0801 (New Chapter) - Rules for Selling Forest Products on State-Owned Endowment Lands

REAL ESTATE COMMISSION
33-0101-0801 - Rules of the Idaho Real Estate Commission

STATE TAX COMMISSION
35-0103-0801 - Idaho Property Tax Administrative Rules

DEPARTMENT OF WATER RESOURCES
37-0309-0601 - Well Construction Standards Rules

August 2008

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DEPARTMENT OF INSURANCE
18-0144-0801 - Schedule of Fees, Licenses and Miscellaneous Charges
DEPARTMENT OF ENVIRONMENTAL QUALITY
58-0101-0802 - Rules for the Control of Air Pollution in Idaho
58-0103-0801 - Individual/Subsurface Sewage Disposal Rules

July 2008

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DEPARTMENT OF AGRICULTURE
02-0609-0801 (New Chapter) - Invasive Species Rules
STATE DEPARTMENT OF EDUCATION
08-0202-0803 - Rules Governing Uniformity
PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS
10-0101-0801 - Rules of Procedure
10-0102-0801 - Rules of Professional Responsibility
10-0103-0801 - Rules of Corner Perpetuation and Filing
10-0104-0801 - Rules of Continuing Professional
DEPARTMENT OF HEALTH AND WELFARE
Negotiated Rulemaking on Mental Health Credentialing
16.03.09 - Medicaid Basic Plan Benefits
DEPARTMENT OF LANDS - IDAHO BOARD OF SCALING PRACTICES
20-0602-0801 - General Rules, Licensing and Check Scales of the Idaho Board of Scaling Practices

 

June 2008

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DEPARTMENT OF AGRICULTURE
02-0427-0801 - Rules Governing Deleterious Exotic Animals
DEPARTMENT OF EDUCATION
08-0202-0802 - Rules Governing Uniformity
DEPARTMENT OF HEALTH AND WELFARE
16-0602-0801 - Rules Governing Standards for Child Care Licensing
DEPARTMENT OF ENVIRONMENTAL QUALITY
58-0103-0801 - Individual/Subsurface Sewage Disposal Rules
58-0108-0802 - Idaho Rules for Public Drinking Water Systems

 



May 2008

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DEPARTMENT OF HEALTH AND WELFARE

Substance Use Disorder Town Hall Meetings

Rules and Minimum Standards Governing Alcohol/Drug Abuse Prevention
and Treatment Programs

DEPARTMENT OF ENVIRONMENTAL QUALITY

58-0101-0703 - Rules for the Control of Air Pollution in Idaho

58-0103-0801 - Individual/Subsurface Sewage Disposal Rules

 

 

 


April 2008

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IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE
16.04.03 - Fees for Community Mental Health Services
Docket No. 16-0403-0801
Notice of Public Hearing

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has scheduled a public hearing and extended the period of public comment through Friday, June 6, 2008. The action is authorized pursuant to Sections 39-3133, 39-3137, and 56-1007, Idaho Code.

PUBLIC HEARING SCHEDULE: Public hearings concerning this rulemaking will be held as follows:

Wednesday, April 30, 2008
1:00 p.m. PDT
H & W Region I Office
2195 Ironwood Court
Coeur d'Alene, ID
Thursday, May 15, 2008
1:00 p.m. MDT
H & W Region VI Office
421 Memorial Drive, Rm. 210
Pocatello, ID
Thursday, May 29, 2008
1:00 p.m. MDT
J.R. Williams Building
East Conference Room
700 W. State St., Boise, ID

Wednesday, April 30, 2008 Thursday, The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below.

DESCRIPTIVE SUMMARY: The Department has received requests for these public hearings as found in the notice of proposed rulemaking in the January 2, 2008, Idaho Administrative Bulletin Vol. 08-1, page 127.

This chapter of rule is being repealed to avoid confusion and duplication with a chapter of rules being promulgated under IDAPA 16.07.01, “Behavioral Health Sliding Fee Schedules,” published under Docket No. 16-0701-0801 in the same bulletin.

ADDITIONAL PUBLIC MEETINGS: For more information go to: Health and Welfare Administrative Procedures Page

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this rulemaking or the hearing schedule, contact Scott Tiffany at (208) 332-7243.

Anyone may submit written comments regarding the proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before June 6, 2008.

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IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE
16.06.13 - Rules Governing Emergency Assistance for Families and Children
Docket No. 16-0613-0801
Notice of Intent to Promulgate Rules - Negotiated Rulemaking

AUTHORITY: In compliance with Sections 67-5220(1) and 67-5220(2), Idaho Code, notice is hereby given that this agency intends to promulgate rules and desires public comment prior to initiating formal rulemaking procedures. This negotiated rulemaking action is authorized pursuant to Sections 56-201, 56-202(b), Idaho Code, and Title IV-A.

MEETING SCHEDULE: Public meetings on the negotiated rulemaking will be held as follows:

Wednesday, June 11, 2008
1:00 - 3:00 p.m.
Idaho Department of Health and Welfare
Pete T. Cenarrusa Building
450 W. State St. - 7th Floor, Rm. 7a
Boise, Idaho 83720

METHOD OF PARTICIPATION: Persons wishing to participate in the informal negotiated rulemaking must do the following:

  1. Attend the negotiated rulemaking and participate in the negotiation process;
  2. Provide oral or written recommendations, or both, at a negotiated rulemaking meeting;
  3. Submit written recommendations and comments to the address below.

DESCRIPTIVE SUMMARY: The following is a statement in nontechnical language of the substance and purpose of the intended negotiated rulemaking and the principle issues involved:

The proposed rule changes will simplify, streamline, and increase the efficiency of the administration of Emergency Assistance (EA) funds by: updating the definition section; clarifying conditions that make up an emergency condition; clarifying who is the service population; reducing the complexity of eligibility criteria; and ensuring compliance with federal law.

The Department is initiating negotiated rulemaking in order to gather input from interested parties regarding this rulemaking.

ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS, OBTAINING COPIES: For assistance on technical questions concerning this negotiated rulemaking or to obtain a copy of the preliminary draft of the text of the proposed rule, contact Marian Woods at (208) 334-0683.

Anyone may submit written comments regarding this negotiated rulemaking. All written comments must be directed to the undersigned and must be delivered on or before June 18, 2008.

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IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE
16.07.01 - Behavioral Health Fee Schedules
Docket No. 16-0701-0801
Notice of Public Hearing

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has scheduled a public hearing and extended the period of public comment through Friday, June 6, 2008. The action is authorized pursuant to Sections 16-2433, 19-2524, 20-520(i), 20-511A, 39-3137, and 39-309, Idaho Code.

PUBLIC HEARING SCHEDULE: Public hearings concerning this rulemaking will be held as follows:

Wednesday, April 30, 2008
1:00 p.m. PDT
H & W Region I Office
2195 Ironwood Court
Coeur d'Alene, ID
Thursday, May 15, 2008
1:00 p.m. MDT
H & W Region VI Office
421 Memorial Drive, Rm. 210
Pocatello, ID
Thursday, May 29, 2008
1:00 p.m. MDT
J.R. Williams Building
East Conference Room
700 W. State St., Boise, ID

The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below.

DESCRIPTIVE SUMMARY: The Department promulgated a new chapter pertaining to the fee schedules for Behavioral Health services that published in the January 2, 2008, Idaho Administrative Bulletin, Vol. 08-1, pages 132 through 139. This new chapter went into effect on January 1, 2008.

Due to the volume of public comments and the requests for public hearings received during the twenty-one day public comment period for this new chapter of rules, public hearings have been scheduled. You are invited to testify at the public hearings. You may also submit written comments. Oral testimony and written comments are given the same consideration. The public comment period for the proposed rule has been extended through Friday, June 6, 2008.

ADDITIONAL PUBLIC MEETINGS: For more information go to: Health and Welfare Administrative Procedures Page

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this rulemaking or the hearing schedule, contact Scott Tiffany, Division of Behavioral Health, at (208) 332-7243.

Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before Friday, June 6, 2008.

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IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE
16.07.10 - Behavioral Health Development Grants
Docket No. 16-0710-0801
Notice of Public Hearing

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has scheduled a public hearing and extended the period of public comment through Friday, June 6, 2008. The action is authorized pursuant to Sections 39-3133, 39-3134A, and 39-3136, Idaho Code.

PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be held as follows:

Wednesday, April 30, 2008
1:00 p.m. PDT
H & W Region I Office
2195 Ironwood Court
Coeur d'Alene, ID
Thursday, May 15, 2008
1:00 p.m. MDT
H & W Region VI Office
421 Memorial Drive, Rm. 210
Pocatello, ID
Thursday, May 29, 2008
1:00 p.m. MDT
J.R. Williams Building
East Conference Room
700 W. State St., Boise, ID

The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below.

DESCRIPTIVE SUMMARY: The Department has received requests for these public hearings as found in the notice of proposed rulemaking in the January 2, 2008, Idaho Administrative Bulletin Vol. 08-1, pages 140 through 148. The Legislature has designated the Department of Health and Welfare as the State Mental Health Authority and has given it the responsibility to help improve, expand, and modify the mental health and substance abuse treatment services delivery system. These proposed rules provide the framework for grant application requirements, criteria, and distribution for grants to meet the mental health and substance abuse treatment services needed to improve services unique to each region of the state.

ADDITIONAL PUBLIC MEETINGS: For more information go to: Health and Welfare Administrative Procedures Page

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this rulemaking or the hearing schedule, contact Scott Tiffany at (208) 332-7243.

Anyone may submit written comments regarding the proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before June 6, 2008.

 

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IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE
16.07.17 - Alcohol and Substance Use Disorder Services
Docket No. 16-0717-0801
Notice of Public Hearing

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has scheduled a public hearing and extended the period of public comment through Friday, June 6, 2008. The action is authorized pursuant to Sections 16-2433, 19-2524, 20-520(i), 20-511A, 39-3137, and 39-309, Idaho Code.

PUBLIC HEARING SCHEDULE: Public hearings concerning this rulemaking will be held as follows:

Wednesday, April 30, 2008
1:00 p.m. PDT
H & W Region I Office
2195 Ironwood Court
Coeur d'Alene, ID
Thursday, May 15, 2008
1:00 p.m. MDT
H & W Region VI Office
421 Memorial Drive, Rm. 210
Pocatello, ID
Thursday, May 29, 2008
1:00 p.m. MDT
J.R. Williams Building
East Conference Room
700 W. State St., Boise, ID

The hearing sites will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below.

DESCRIPTIVE SUMMARY: The Department promulgated a new chapter pertaining to the oversight of adult and adolescent substance use disorder services that published in the January 2, 2008, Idaho Administrative Bulletin, Vol. 08-1, pages 149 through 158.

Due to the volume of public comments and the requests for public hearings received during the twenty-one day public comment period for this new chapter of rules, public hearings have been scheduled. You are invited to testify at the public hearings. You may also submit written comments. Oral testimony and written comments are given the same consideration.

ADDITIONAL PUBLIC MEETINGS: For more information go to: Health and Welfare Administrative Procedures Page

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this rulemaking or the hearing schedule, contact Bethany Gadzinski, Division of Behavioral Health, at (208) 334-5736.

Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before Friday, June 6, 2008.

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IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE
16.07.33 - Adult Mental Health Services
Docket No. 16-0733-0801
Notice of Public Hearing

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has scheduled a public hearing and extended the period for public comment through Friday, June 6, 2008. The action is authorized pursuant to Sections 39-3133, and 56-1003(3)(c), Idaho Code.

PUBLIC HEARING SCHEDULE: Public hearings concerning this rulemaking will be held as follows:

Wednesday, April 30, 2008
1:00 p.m. PDT
H & W Region I Office
2195 Ironwood Court
Coeur d'Alene, ID
Thursday, May 15, 2008
1:00 p.m. MDT
H & W Region VI Office
421 Memorial Drive, Rm 210
Pocatello, ID
Thursday, May 29, 2008
1:00 p.m. MDT
J.R. Williams Building
East Conference Room
700 W. State St., Boise, ID

 

The hearing sites will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below.

DESCRIPTIVE SUMMARY: The Department promulgated a new chapter pertaining to the oversight of adult mental health services that published in the January 2, 2008, Idaho Administrative Bulletin, Vol. 08-1, pages 159 through 166. This new chapter went into effect on January 1, 2008.

Due to the volume of public comments and the requests for public hearings received during the twenty-one day public comment period for this new chapter of rules, public hearings have been scheduled. You are invited to testify at the public hearings and submit written comments. Oral testimony and written comments are given the same consideration.

ADDITIONAL PUBLIC MEETINGS: For more information go to: Health and Welfare Administrative Procedures Page.

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this rulemaking or the hearing schedule, contact Scott Tiffany, Division of Behavioral Health, at (208) 332-7243.

Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before Friday, June 6, 2008.

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IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE
16.07.37 - Children’s Mental Health Services
Docket No. 16-0737-0801 - New Chapter
Notice of Intent to Promulgate Rules - Negotiated Rulemaking


AUTHORITY: In compliance with Sections 67-5220(1) and 67-5220(2), Idaho Code, notice is hereby given that this agency intends to promulgate rules and desires public comment prior to initiating formal rulemaking procedures. This negotiated rulemaking action is authorized pursuant to Sections 16-2404, 16-2406, 16-2423, 16-2433, 56-202(b), 56-203B, 56-204A, 56-1003, 56-1004, and 56-1004A, Idaho Code.

MEETING SCHEDULE: Public meetings on the negotiated rulemaking will be held as follows:

Tuesday, April 29, 2008
6:30 - 8:30 p.m. PDT
H & W Region I Office
2195 Ironwood Court
Coeur d'Alene, ID
Wednesday, May 14, 2008
6:30 - 8:30 p.m. MDT
H & W Region VI Office
421 Memorial Drive, Rm 210
Pocatello, ID
Thursday, May 29, 2008
6:30 - 8:30 p.m. MDT
J.R. Williams Building
East Conference Room
700 W. State St., Boise, ID

The meeting sites will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below.

METHOD OF PARTICIPATION: Persons wishing to participate in the negotiated rulemaking may choose any or all of the following options:

  1. Attend a negotiated rulemaking meeting and participate in the negotiation process;
  2. Provide oral or written recommendations, or both, at a negotiated rulemaking meeting;
  3. Submit written recommendations and comments to the address below.

DESCRIPTIVE SUMMARY: The following is a statement in nontechnical language of the substance and purpose of the intended negotiated rulemaking and the principle issues involved:

The Department is proposing a new chapter of rules to govern mental health services for children under the Children's Mental Health (CMH) Program. This new chapter will be administered by the Department's Division of Behavioral Health and be under the authority of the Department Director. The chapter will define the scope of services under the Children's Mental Health Program and describe the eligibility criteria, application requirements, services, and appeal process under this program. The new Children’s Mental Health chapter will incorporate and replace the rules pertaining to children's mental health services currently contained in IDAPA 16.06.01, “Rules Governing Family and Children's Services.”

The Department is initiating negotiated rulemaking in order to gather input from interested parties regarding certain key elements of the new Children’s Mental Health chapter.

ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS, OBTAINING COPIES: For assistance on technical questions concerning this negotiated rulemaking or to obtain a copy of the preliminary draft of the text of the proposed rule, contact Chuck Halligan at (208) 334-6559 or go to: http://www.healthandwelfare.idaho.govDesktopModulesDocumentsSortableDocumentsSrtView.aspx?tabID=0&ItemID =10117&MId=10576&wversion=Staging.

Anyone may submit written comments regarding this negotiated rulemaking. All written comments must be directed to the undersigned and must be delivered on or before Friday, June 6, 2008.

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IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY
58.01.01 - Rules for the Control of Air Pollution in Idaho
Docket No. 58-0101-0801
Notice of Rulemaking - Temporary and Proposed Rule

EFFECTIVE DATE: The temporary rule was adopted by the Board of Environmental Quality on March 12, 2008 with an effective date of April 2, 2008.

AUTHORITY: In compliance with Sections 67-5221(1) and 67-5226(1), Idaho Code, notice is hereby given that the Board of Environmental Quality has adopted a temporary rule and the Department of Environmental Quality is commencing proposed rulemaking. This action is authorized by Sections 39-105 and 39-107, Idaho Code, and House Bill 557 (to be codified at Section 39-114, Idaho Code).

PUBLIC HEARING SCHEDULE: A public hearing concerning this proposed rule will be held as follows:

Friday, May 2, 2008, 3:30 p.m.
Department of Environmental Quality
Conference Room C
1410 N. Hilton, Boise, Idaho

The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made no later than five (5) days prior to the hearing. For arrangements, contact the undersigned at (208) 373-0418.

DESCRIPTIVE SUMMARY: The purpose of this rulemaking is to implement the provisions of House Bill 557, wherein the 2008 Idaho Legislature approved a program for the open burning of crop residue to be administered by the Idaho Department of Environmental Quality (IDEQ) and repealed the Smoke Management and Crop Residue Disposal Act previously administered by the Idaho State Department of Agriculture (ISDA). Field burning has been prohibited in Idaho since January 2007 as a result of a 9th Circuit Court of Appeals ruling. In December 2007 representatives of farming organizations, Safe Air for Everyone (SAFE), ISDA, and IDEQ agreed on various components of a program for the open burning of crop residue. House Bill 557 and this rule address the central components of that agreement.

This rule is modeled after the Nez Perce smoke management program which prohibits field burning if air quality levels exceed or are expected to exceed 75% of any national ambient air quality standard. Farmers are required to obtain a notice of approval to burn, provide notice of proposed burns, and pay a registration fee based upon the number of acres to be burned. The rule contains provisions to ensure that the public has ready access to this information. In addition, IDEQ is required to conduct ongoing and annual reviews of the program.

Adoption of this temporary rule does not in itself authorize the open burning of crop residue in Idaho. Before burning can resume in Idaho, several actions must take place, including development of a revised State Implementation Plan (SIP) and approval of the SIP by the U.S. Environmental Protection Agency.

Farmers desiring to burn crop residue, members of the regulated community who may be subject to Idaho's air quality rules as well as special interest groups (including SAFE), ISDA, tribes, public officials, and members of the public who have an interest in the regulation of air emissions from sources in Idaho may be interested in commenting on this proposed rule. The proposed rule text is in legislative format. Language the agency proposes to add is underlined. Language the agency proposes to delete is struck out. It is these additions and deletions to which public comment should be addressed.

After consideration of public comments, DEQ intends to present the final proposal to the Board of Environmental Quality in October 2008 for adoption of a pending rule. The pending rule is expected to become final upon adjournment of the 2009 legislative session if adopted by the Board and approved by the Legislature.

TEMPORARY RULE JUSTIFICATION: Pursuant to Section 67-5226(1)(c), Idaho Code, the Governor has found that temporary adoption of the rule is appropriate in that the rules confers a benefit. Adoption of a temporary rule, along with other required actions, will ensure protection of public health and the environment and will enable farmers to use the tool of burning within a program agreed upon by SAFE, ISDA, IDEQ, and other interested parties.

NEGOTIATED RULEMAKING: The text of the rule has been drafted based on discussions held and concerns raised during negotiations conducted pursuant to Section 67-5220, Idaho Code, and IDAPA 04.11.01.812-815. On February 6, 2008, the Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol. 08-2, page 31, and a preliminary draft rule was made available for public review. Meetings were held on February 12, 15, and 21, 2008. Several members of the public participated in this negotiated rulemaking process by attending the meetings and by submitting written comments.

IDAHO CODE SECTION 67-5221(c) FISCAL IMPACT STATEMENT: The adoption of this rule will have one time initial start-up expenses of $186,700 as well as ongoing program costs estimated to be $419,700 for a total impact of $606,377 to the general fund for FY2009. All future receipts remitted to the state for field burning under this rule shall be transferred to the general fund to help with ongoing program costs. At this time, it is unknown how much funding will come from this dedicated source annually.

IDAHO CODE SECTION 39-107D STATEMENT: This rule does not regulate an activity not regulated by the federal government, nor is it broader in scope or more stringent than federal regulations.

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For assistance on questions concerning the negotiated rulemaking, contact Martin Bauer at (208)373-0440, martin.bauer@deq.idaho.gov.

Anyone may submit written comments by mail, fax or e-mail at the address below regarding this proposed rule. DEQ will consider all written comments received by the undersigned on or before May 2, 2008.

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IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY
58.01.08 - Idaho Rules for Public Drinking Water Systems
Docket No. 58-0108-0801
Notice of Intent to Promulgate Rules - Negotiated Rulemaking

AUTHORITY: In compliance with Section 67-5220, Idaho Code, and IDAPA 58.01.23, Rules of Administrative Procedure Before the Board of Environmental Quality, Sections 810 through 815, notice is hereby given that this agency intends to promulgate a rule and desires public participation before publishing a proposed rule. This rulemaking action is authorized by Chapter 1, Title 39, Idaho Code, and Chapter 21, Title 37, Idaho Code.

MEETING SCHEDULE: Those interested in participating in the negotiated rulemaking process are encouraged to attend the following meetings. The meetings will take place simultaneously and will be connected by telephone. Additional meetings may be scheduled if necessary. For information regarding additional meetings, contact the undersigned.

Tuesday, April 22, 2008, 9:30 a.m. to 12:30 p.m. Mountain Time
Department of
Environmental Quality
Conference Room D
1410 N. Hilton
Boise, Idaho
Department of
Environmental Quality
Large Conference Room
900 N. Skyline, Suite B
Idaho Falls, Idaho
Department of
Environmental Quality
Large Conference Room
2110 Ironwood Parkway
Coeur d’Alene, Idaho

 

Tuesday, May 6, 2008, 9:30 a.m. to 12:30 p.m. Mountain Time
Department of
Environmental Quality
Conference Room D
1410 N. Hilton
Boise, Idaho
Department of
Environmental Quality
Large Conference Room
900 N. Skyline, Suite B
Idaho Falls, Idaho
Department of
Environmental Quality
Large Conference Room
2110 Ironwood Parkway
Coeur d’Alene, Idaho

 

PRELIMINARY DRAFT RULE: By April 2, 2008, the preliminary draft rule can be obtained at http://www.deq.idaho.gov/rules/drinking_water/58_0108_0801_negotiated.cfm or by contacting Paula Wilson at paula.wilson@deq.idaho.gov, (208)373-0418.

DESCRIPTIVE SUMMARY: Under the provisions of IDAPA 58.01.08, Idaho Rules for Public Drinking Water Systems, a water main extension, whether approved for construction by the Department of Environmental Quality (DEQ) or by a qualified licensed professional engineer (QLPE), is a material modification to the public water system. The current rules define a simple water main extension as an extension that can be supplied without adding pumping capacity. The current rules also specify that all portions of the existing system that are affected by the line extension must be in compliance with the rules in effect at the time the project is reviewed and approved. This requirement could in some cases require upgrades to existing parts of the water system to meet criteria for pumping redundancy, standby power, fire flow, and other applicable rule requirements such as completion of a facility plan.

The objective of this rulemaking is to modify the recently updated Idaho Rules for Public Drinking Water Systems so that the engineering community can approve simple water main extensions as intended by 2005 SB 1220 and as codified at Section 39-118, Idaho Code.

The preliminary draft rule will include the following proposed revisions:

Modify the content of facility plans and preliminary engineering reports contained in Sections 502 and 503, respectively;
Clarify separation requirements for sources of contamination from public drinking water wells (Sections 510, 512, and 900);
Add and clarify design requirements for drinking water distribution systems (Section 542);
Further define storage structures and facilities (Section 544); and
Clarify several operating criteria for public drinking water systems (Section 552).

This rulemaking will also include any necessary corrections that are typographical and nonsubstantive in nature (e.g., making corrections for consistency with other sections in this rule chapter, IDAPA 58.01.16, Wastewater Rules, and other DEQ rules). These changes will be based on feedback from the regulated community and DEQ staff who routinely use the rules.

Drinking water system owners and operators, developers, consultants, engineers, cities, counties, industry, drinking water professional organizations, and the public at large may be interested in participating in this rulemaking. Upon conclusion of negotiations, DEQ intends to publish a proposed rule for public comment in the summer of 2008 and then present the final proposal to the Board of Environmental Quality for adoption of a pending rule in the fall of 2008. If adopted, the pending rule will be reviewed by the 2009 Idaho Legislature.

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For assistance on questions concerning the negotiated rulemaking, contact Michael Stambulis at michael.stambulis@deq.idaho.gov, (208)373-0123.

Anyone may submit written comments regarding this negotiated rulemaking by mail, fax or e-mail at the address below. DEQ will consider all written comments received by the undersigned on or before April 24, 2008. To receive subsequent drafts of the negotiated rule, and for information regarding submission of written comments on subsequent drafts, contact the undersigned.

 

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IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY
58.01.11 - Ground Water Quality Rule
Docket No. 58-0111-0801
Notice of Intent to Promulgate Rules - Negotiated Rulemaking

AUTHORITY: In compliance with Section 67-5220, Idaho Code, and IDAPA 58.01.23, Rules of Administrative Procedure Before the Board of Environmental Quality, Sections 810 through 815, notice is hereby given that this agency intends to promulgate a rule and desires public participation before publishing a proposed rule. This rulemaking action is authorized by Idaho Code §§ 39-105, 39-107, 39-120, and 39-126.

MEETING SCHEDULE: Those interested in participating in the negotiated rulemaking process are encouraged to attend the following meetings. The meetings will take place simultaneously and will be conducted through video conferencing. For information regarding scheduling of additional meetings, contact the undersigned.

Wednesday, April 23, 2008, 1:00 p.m. to 4:30 p.m. Mountain Time
Idaho Water Center
322 E. Front Street
Room 162
Boise, Idaho
University of Idaho
Tingey Administration Building
Room TAB 321b
1776 Science Center Drive
Idaho Falls, Idaho
 
 
Idaho State University
Basement of Obeler Library
Room B3A
850 S. 9th Avenue
Pocatello, Idaho
University of Idaho
Harbor Center
1000 W. Hubbard Avenue
Room 128
Coeur d’Alene, Idaho
Wednesday, May 7, 2008, 1:00 p.m. to 4:30 p.m. Mountain Time
Idaho Water Center
322 E. Front Street
Room 162
Boise, Idaho
University of Idaho
Tingey Administration Building
Room TAB 321b
1776 Science Center Drive
Idaho Falls, Idaho
 
 
Idaho State University
Basement of Obeler Library
Room B07
850 S. 9th Avenue
Pocatello, Idaho
University of Idaho
Harbor Center
CALS Conference Room
1000 W. Hubbard Avenue, Room 145C
Coeur d’Alene, Idaho
Wednesday, May 21, 2008, 1:00 p.m. to 4:30 p.m. Mountain Time
Idaho Water Center
322 E. Front Street
Room 162
Boise, Idaho
University of Idaho
Tingey Administration Building
Rm. TAB 321b
1776 Science Center Drive
Idaho Falls, Idaho
 
 
Idaho State University
Basement of Obeler Library
Room B3A
850 S. 9th Avenue
Pocatello, Idaho
University of Idaho
Harbor Center
CALS Conference Room
1000 W. Hubbard Avenue, Room 145C
Coeur d’Alene, Idaho
Wednesday, June 4, 2008, 1:00 p.m. to 4:30 p.m. Mountain Time
Idaho Water Center
322 E. Front Street
Room 162
Boise, Idaho
University of Idaho
Tingey Administration Building
Room TAB 321b
1776 Science Center Drive
Idaho Falls, Idaho
 
 
Idaho State University
Basement of Obeler Library
Room B3A
850 S. 9th Avenue
Pocatello, Idaho
University of Idaho
Harbor Center
1000 W. Hubbard Avenue
Room 128
Coeur d’Alene, Idaho


PRELIMINARY DRAFT: By April 2, 2008, a preliminary draft of the rule can be obtained at http://www.deq.idaho.gov/rules/groundwater/58_0111_0801_negotiated.cfm or by contacting Paula Wilson at paula.wilson@deq.idaho.gov, (208)373-0418.

DESCRIPTIVE SUMMARY: The purpose of this rulemaking is to clarify portions of the Ground Water Quality Rule to promote consistency in application of the rule to mining activities. This rulemaking is a continuation of negotiated rulemaking initiated in July 2007 and will consider the following issues:

Add definitions necessary to improve statewide consistency with interpretation and implementation of active mineral extraction provisions of the Ground Water Quality Rule;
Points of compliance for ground water quality related issues at sites with active mineral extraction; and
Applicability of rule changes.

The mining industry, conservation groups, environmental protection groups, state and federal land management agencies, and concerned citizens of the state of Idaho may be interested in participating in this rulemaking. Upon conclusion of negotiations, DEQ intends to publish a proposed rule for public comment in the summer of 2008 and then present the final proposal to the Board of Environmental Quality for adoption of a pending rule in the fall of 2008. If adopted, the pending rule will be reviewed by the 2009 Idaho Legislature.

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For assistance on questions concerning the negotiated rulemaking, contact Ed Hagan at ed.hagan@deq.idaho.gov, (208)373-0356.

Anyone may submit written comments during this negotiated rulemaking by mail, fax or e-mail at the address below. Written comments on the preliminary draft must be received by April 25, 2008. For information regarding submission of written comments on subsequent drafts of the negotiated rule, and to receive the most recent version of the draft negotiated rule, contact the undersigned.

 

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IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY
58.01.24 - Standards and Procedures for Application of Risk Based
Corrective Action at Petroleum Release Sites
Docket No. 58-0124-0801
Notice of Intent to Promulgate Rules - Negotiated Rulemaking

AUTHORITY: In compliance with Section 67-5220, Idaho Code, and IDAPA 58.01.23, Rules of Administrative Procedure Before the Board of Environmental Quality, Sections 810 through 815, notice is hereby given that this agency intends to promulgate a rule and desires public participation before publishing a proposed rule. This rulemaking action is authorized by Chapter 1, Title 39, Idaho Code.

MEETING SCHEDULE: Those interested in participating in the negotiated rulemaking process are encouraged to attend the following meeting. Additional meetings may be scheduled if necessary. For information regarding participation by telephone or scheduling of additional meetings, contact the undersigned. Requests to participate by telephone must be made by May 12, 2008.

Thursday, May 15, 2008, 9 a.m. to 4 p.m.
Department of Environmental Quality
Conference Room D
1410 N. Hilton, Boise, Idaho

PRELIMINARY DRAFT: By April 23, 2008, a preliminary draft of the rule can be obtained at http://www.deq.idaho.gov/rules/risk/58_0124_0801_negotiated.cfm or by contacting Paula Wilson at paula.wilson@deq.idaho.gov, (208)373-0418.

DESCRIPTIVE SUMMARY: DEQ is faced with the task of approving and overseeing appropriate response actions at hundreds of petroleum release sites across the state. In June 2004, DEQ issued the Idaho Risk Evaluation Manual (REM). This manual describes an integrated risk evaluation process for managing chemical release sites that assist DEQ in determining the need for corrective action and, when necessary, the site-specific cleanup levels protective of human health and the environment. The manual also describes the key methodologies and elements of the risk evaluation process. This rulemaking has been initiated to formalize the critical elements of the REM that are pertinent to evaluation of petroleum release sites in order to clarify and promote consistent corrective action decision-making at these sites.

This rule will describe standards and procedures for application of risk based corrective action at petroleum release sites. The text of the rule will be developed by DEQ in conjunction with a negotiating committee made up of persons having an interest in the promulgation of these rules. Cities, counties, bankers, lenders, realtors, petroleum marketers, consultants, and members of the public may be interested in participating in this rulemaking.

Upon conclusion of negotiations, DEQ intends to publish a proposed rule for public comment in the summer of 2008 and then present the final proposal to the Board of Environmental Quality for adoption of a pending rule in the fall of 2008. If adopted, the pending rule will be reviewed by the 2009 Idaho Legislature.

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For assistance on questions concerning the negotiated rulemaking, contact Orville Green at orville.green@deq.idaho.gov, (208)373-0278 or Bruce Wicherski at bruce.wicherski@deq.idaho.gov, (208)373-0246.

Anyone may submit written comments during this negotiated rulemaking by mail, fax or e-mail at the address below. Written comments on the preliminary draft must be received by May 16, 2008. For information regarding submission of written comments on subsequent drafts of the negotiated rule, and to receive the most recent version of the draft negotiated rule, contact the undersigned.

 

March 2008

 

IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE
16.03.10 - Medicaid Enhanced Plan Benefits
Docket No. 16-0310-0801
Notice of Intent to Promulgate Rules - Negotiated Rulemaking

AUTHORITY: In compliance with Sections 67-5220(1) and 67-5220(2), Idaho Code, notice is hereby given that this agency intends to promulgate rules and desires public comment prior to initiating formal rulemaking procedures. This negotiated rulemaking action is authorized pursuant to Sections 56-202(b), 56-203(g) & (l), and 56-250 through 257, Idaho Code; 42 CFR Parts 431, 440 and 441.

MEETING SCHEDULE: Public meetings on the negotiated rulemaking will be held as follows:

Monday, March 24, 2008 - 2:00 p.m.
Department of Health & Welfare
Medicaid Office - Conference Room “D-East”
3232 Elder, Boise, ID

METHOD OF PARTICIPATION: Persons wishing to participate in this formal negotiated rulemaking must do at least one of the following:

  1. Attend the negotiated rulemaking and participate in the negotiation process;
  2. Provide oral or written recommendations, or both, at the negotiated rulemaking; or
  3. Submit written recommendations and comments to the address below.

DESCRIPTIVE SUMMARY: The following is a statement in nontechnical language of the substance and purpose of the intended negotiated rulemaking and the principle issues involved:

Federal regulations regarding targeted case management were revised and published in the December 4, 2007, Federal Register. These federal regulations may be accessed at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-5903.pdf. Idaho’s service coordination rules will be amended to comply with these new federal regulations. The Department is entering into negotiations regarding service coordination services in IDAPA 16.03.10, “Medicaid Enhanced Plan Benefits,” Sections 720-779.

ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS, OBTAINING COPIES: For assistance on technical questions concerning this negotiated rulemaking, contact David Simnitt at (208) 364-1992.

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IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY
58.01.12 - Rules for Administration of Water Pollution Control Loans
Docket No. 58-0112-0801
Notice of Intent to Promulgate Rules - Negotiated Rulemaking

 

AUTHORITY: In compliance with Section 67-5220, Idaho Code, and IDAPA 58.01.23, Rules of Administrative Procedure Before the Board of Environmental Quality, Sections 810 through 815, notice is hereby given that this agency intends to promulgate a rule and desires public participation before publishing a proposed rule. This rulemaking action is authorized by Chapters 1 and 36, Title 39, Idaho Code.

MEETING SCHEDULE: Those interested in participating in the negotiated rulemaking process are encouraged to attend the following meeting. Additional meetings may be scheduled if necessary. For information regarding participation by telephone or scheduling of additional meetings, contact the undersigned. Requests to participate by telephone must be made by April 1, 2008.

April 3, 2008 - 9 a.m. to 3 p.m.
Department of Environmental Quality
Conference Room D
1410 N. Hilton, Boise, Idaho

PRELIMINARY DRAFT: A preliminary draft of the rule can be obtained at http://www.deq.idaho.gov/rules/wastewater_loans/58_0112_0801_negotiated.cfm or by contacting Paula Wilson at paula.wilson@deq.idaho.gov, (208)373-0418.

DESCRIPTIVE SUMMARY: This rulemaking has been initiated to provide flexibility to the Department of Environmental Quality (DEQ) in its use of loan fees to meet statewide planning needs, to reduce administrative burden on a majority of wastewater loan recipients, and to achieve administrative efficiency.

The preliminary draft rule will include the following proposed revisions:

  1. Allow for funding to certain individuals to help address nonpoint source water pollution [Subsections 005.09., 005.24. and 005.34.].
  2. Make possible a reduced administrative burden by utilizing federal allowances that allow for flexibility in requiring federal consultations for certain loans [Subsection 042.08].
  3. Expand the use of wastewater loan fees to allow fees to supplement planning grants [Section 032.].
  4. In a very limited set of circumstances, allow for 30 year repayment periods (when DEQ purchases or refinances existing debt obligations) [Subsection 050.05.h.].
  5. Adopt existing state wastewater planning grant priority list scoring process so that the planning grants and the loans can be scored by the same criteria [Subsection 020.02].
  6. Align the definitions of “Point Source” and “Nonpoint Source Pollution” to clarify how loan applications should be classified [Subsections 005.23 and 005.27].


This rulemaking will also include any necessary corrections that are typographical and nonsubstantive in nature (e.g., making corrections for consistency with IDAPA 58.01.20, Rules for Administration of Drinking Water Loan Program, and other DEQ rules).

Cities, counties, districts, engineering firms, public health districts, soil conservation districts, nonprofit organizations (conservation/environmental/agricultural), Association of Idaho Cities, Association of Idaho Counties, individual property owners and associations that own and operate wastewater treatment facilities or engage in or are considering nonpoint source projects may be interested in participating in this rulemaking. Some or all would have an interest in the ability of individuals to qualify for loans to address nonpoint source issues, reduction of administrative burden on the majority of loan applicants, and the expansion of the use of fees to meet increasing planning costs.

Upon conclusion of negotiations, DEQ intends to publish a proposed rule for public comment in the summer of 2008 and then present the final proposal to the Board of Environmental Quality for adoption of a pending rule in the fall of 2008. If adopted, the pending rule will be reviewed by the 2009 Idaho Legislature.

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For assistance on questions concerning the negotiated rulemaking, contact Tim Wendland at tim.wendland@deq.idaho.gov, (208)373-0439.

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February 2008

 
IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY
58.01.01 - Rules for the Control of Air Pollution in Idaho
Docket No. 58-0101-0801
Notice of Intent to Promulgate Rules - Negotiated Rulemaking

AUTHORITY: In compliance with Section 67-5220, Idaho Code, and IDAPA 58.01.23, Rules of Administrative Procedure Before the Board of Environmental Quality, Sections 810 through 815, notice is hereby given that this agency intends to promulgate a rule and desires public participation before publishing a proposed rule. This rulemaking action is authorized by Sections 39-105 and 39-107, Idaho Code.

MEETING SCHEDULE: Those interested in participating in the negotiated rulemaking process are encouraged to attend the following meeting. For information regarding participation by telephone or scheduling of additional meetings, contact the undersigned. Requests to participate by telephone must be made by February 8, 2008.

February 12, 2008, 9 a.m. to noon
Department of Environmental Quality
Conference Room D
1410 N. Hilton, Boise, Idaho

 

February 21, 2008, 9 a.m. to noon
Department of Environmental Quality
Conference Room D
1410 N. Hilton, Boise, Idaho

PRELIMINARY DRAFT: A preliminary draft of the rule can be obtained at http://www.deq.idaho.gov/rules/air/58_0101_0801_negotiated.cfm or by contacting Paula Wilson at paula.wilson@deq.idaho.gov, (208)373-0418.

DESCRIPTIVE SUMMARY: Farmers desiring to burn crop residue, Safe Air for Everyone (SAFE), Idaho State Department of Agriculture (ISDA), and the Idaho Department of Environmental Quality (IDEQ) have agreed on various components of a Crop Residue Disposal (CRD) Program. The farmers will introduce legislation during the 2008 session to address the central components of the CRD Program; however, it is necessary to promulgate rules, subject to public input, to address the details and implement the legislation. Due to extremely tight time constraints, the rule must be negotiated in conjunction with the introduction and passage of the legislation.

Farmers desiring to burn crop residue, members of the regulated community who may be subject to Idaho's air quality rules as well as special interest groups (including SAFE), ISDA, tribes, public officials, and members of the public who have an interest in the regulation of air emissions from sources in Idaho may wish to participate in this rulemaking. Upon conclusion of negotiations, DEQ intends to present a rule to the Board of Environmental Quality for temporary adoption in March of 2008. If adopted by the Board, DEQ will then publish the temporary rule and initiate proposed rulemaking.

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the negotiated rulemaking, contact Martin Bauer at (208)373-0440, martin.bauer@deq.idaho.gov.

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