New Legislators Change the Tempo of Normally Routine Rule-Making Process

The House Resources and Conservation Committee continued with the process of rule making last week, with several agencies presenting edits to existing rules having spent the summer collaborating on the shape of those possible changes.

The Idaho Department of Lands presented several rule changes, which were approved:

- Changes to the Idaho Forest Practices Act were precipitated by the Department's response to the Idaho Department of Environmental Quality following regular water quality assessments. The rule language was changed to provide flexibility for private landowners for timber sales after a wildfire or infestation, and revised the definition of "clearcut" to align with the scientifically accepted term.

- Grazing, Farming, Conservation, Noncommercial Recreation and Communication Leases - Proposed changes stipulated leasees must submit a grazing management plan, and clarified language for farming and grazing. The Department collaborated on these changes with members of a task force that included representatives from Simplot, Idaho Farm Bureau and Western Watersheds.

- The Issuance of Geothermal Resource Leases - These regarded leases for all state lands and focused on issues regarding shutdowns in the case of public safety, environmental concerns or fire; sampling by a leasee, use of byproducts by a third party, and a modification to the lease assignment section. Ben Otto with the Idaho Conservation League spoke in favor of the rule modifications.

Jake Howard of Idaho Outfitters and Guides presented a rule change regarding wolf trapping which sets guidelines on what outfitters and guides can and cannot do trapping for wolves. The rule has no impact on what the public can do without a guide, and was approved by the committee.

On Monday, the committee will meet for a joint senate/house presentation from the American Lands Council.

The House Environment, Energy & Technology Committee met on Wednesday afternoon to review a rule on public drinking water and three rules on control of air pollution.  Seven of the 17 committee members are newly elected legislators.  The questions were many and the discussion was lively.  The drinking water rule included a section on incorporation by reference adopting changes in federal regulations so that Idaho’s rule is consistent with the federal rule.  While this is usually a pretty standard procedure, some committee members asked why the section of the federal rule wasn’t included with the material they received so they could see exactly what they were being asked to approve.  A motion to adopt the rule failed by one vote. The chairman asked the DEQ staff to come back next week with copies of the federal changes that are to be incorporated so the committee has a complete picture.

Then came the three air pollution rules.  The first rulemaking was to make various “housekeeping” revisions such as updates for consistency with federal regulations, clarification, and typographical corrections to certain air quality permitting rule sections, related definitions, and the toxic air pollutant sections.  Again there were a lot of questions and discussion.  The rule was rejected.

The second rule included some changes to the auto emissions inspection rule – which resulted from the passage of a law in 2008 requiring emissions testing in both Ada and Canyon counties.  In discussion on this particular rule, some members asked if they could reject just the proposed changes or would they have to reject the entire rule—even those parts already in effect that were not changed.  More lively discussion ensued before the committee approved the proposed rule changes.

The final rule was to incorporate by reference so Idaho’s regulations would be consistent with the federal rule for regulation of green house gases.  It was approved by the committee.

Crop residue burning bill addresses small scale projects

DEQ representatives presented an amendment to crop residue burning legislation passed in 2008. In 2007, crop residue burning was prohibited. Temporary rules were approved in spring of 2008, with the practice of crop residue burning reinitiated that fall.

Last year the DEQ was approached by farmers asking for legislation that addresses propane burning of crops on a small scale. This is a practices used heavily by the mint industries. They assert that small scale burns should be legislated differently than large scale burns, specifically propane flaming, broken hay bale burns and small spot burns.

The amendment is a one sentence that eliminates the fees associated normal crop residue burning for propane flaming which burns the soil to control pests. If it passes, DEQ will submit a temporary rule to the EPA and before this committee for their approval next year.

Representative Hartgen asked for a clarification of size limits with regard to these burns. The proposal is to allow for 10 acres a year or what amounts to 2 tons of baled hay per day.

Roger Batt, executive director for the Idaho Mint Growers Association, and VP of Food Producers of Idaho, testified in favor of the bill, saying it was, in fact, the mint growers who initiated this discussion.

The bill was sent to the floor with a do pass recommendation. Representative Harwood will carry the bill to the floor of the House.

Newly appointed EPA Administrator gives overview of environmental issues

Dennis McLerran was appointed Administrator for EPA’s Region 10 in January. He spoke to the Idaho Environmental Forum on Tuesday, April 6, 2010.

McLerran noted that he has experience working in local government and has worked on air quality issues in a large urban area, Seattle, and in the smaller community of Port Townsend. He has been on the other side of the fence in private practice as an attorney. He has family ties to Mackay, Idaho, as well.

He voiced his admiration for EPA Administrator Lisa Jackson.

McLerran outlined the Obama administration’s priorities for the Environmental Protection Agency:

· Climate change: EPA announced its endangerment finding regarding carbon as a pollutant in the absence of any action by Congress to control carbon emissions. The agency put together tailpipe rules for automobiles using a collaboration that included the auto industry and the State of California. The rules will go into effect in January, 2011.

In addition, EPA is looking at regulating large sources of CO2 emissions first with a tailoring rule in January 2011. This will include power plants and very large emitters.

What Congress does in the next year or two will have an impact on what EPA will pursue.

· Air quality: EPA will be setting tighter standards for fine particulate like that found in wood smoke or diesel. New ozone standards will be coming out in late spring or early summer. It is possible that they will be set at .06 or .065 which would mean that the Treasure Valley will be classified as a non-attainment area. He did mention the state’s auto emissions programs for the area. There could also be new standards for sulfur dioxide and nitrogen oxides along freeways.

· Mercury: Idaho has been ground zero for impacts from surrounding states. He commended us for the work we are doing on mercury emissions. DEQ is collecting elemental mercury and EPA has funded mercury contamination cleanups in the last three years. There is still a ways to go in dealing with mercury, he said.

· Safety of chemicals: Work needs to be done to rewrite the toxic substances statute.

· Superfund communities: there is still cleaning up to be done. For Idaho, that means the Silver Valley, a massive superfund site on which a great deal of time, energy and dollars has been spent. Now blood levels in children are down to the national average rather than being way above it. This is still controversial but EPA is moving ahead.

· Protecting American waters: We need to make more progress on this, especially with nutrient loads and stormwater runoff. We need to do more than the traditional methods. We should be looking at trading schemes in Idaho and Washington. Nutrient problems in streams are a big issue. We need to develop innovative programs to deal with that. McLerran encouraged the group to look at innovation to improve water quality in the Boise River.

· Environmental justice: This is on Lisa Jackson’s list of priorities. EPA will be working with the tribes and low income populations to understand the needs of low income communities. The agency will be reaching out to these communities to help improve children’s health.

McLerran stressed that it is not EPA’s job to punish states for the economic crisis. The agency would like to figure out a way to make progress during these tough times. Water quality monitoring in Idaho has been suspended because of budget cuts at DEQ, but that cannot go on indefinitely. Perhaps a partnering program with EPA and the use of loaned employees might be a solution.

HUD, DoT and EPA are trying a partnership to drive highway and housing funds in ways that mutually re-enforce the missions of the three agencies.

During questioning, McLerran discussed the cement plant in eastern Oregon, saying that Oregon’s plan may not do enough to lower mercury emissions.

One audience member cited Industrial livestock (CAFO) operations as one of the biggest environmental problems. She said that antibiotics and endocrine disrupters are showing up in drinking water, and that sampling shows that 22% of homes have nitrates above safe drinking water levels. This, she says, is driving people to have to buy drinking water at Wal-Mart.

When asked if carbon trading in going to be included in the analysis of water quality issues. McLerran responded that EPA was in the formative stages on CO2 issues. Carbon trading is not on the radar screen right now. If Congress acts in that area, things would change. He is hoping that Congress will step in.

NPDES permitting, wastewater treatment and phosphate issues are among priorities in Idaho. EPA will be the point on NPDES permits. That is a priority for the region.

Another person asked about the proposed MACT standard for wood-fired boilers which would discourage the use woody biomass. McLerran responded that we would have to find a balance.

McLerran encouraged people to submit additional comments. With the increase in CAFÉ standards for automobiles, any insights in consumer innovative technologies would be welcome. These could include aerodynamic improvements, better fuel combustion, turbo charging and plug-in hybrids.

Invitation from the Idaho and BSU Student Chapters of the Air & Waste Management Association

Please join us for an informal discussion with Sue Richards, DEQ Air Quality Analyst, to learn about:
State of Idaho Green House Gas emission inventory
DEQ's Climate Registry membership
Proposed federal Green House Gas regulations

When: 8:00 a.m. - 9 a.m., April 22, 2009 (Earth Day)
Where: Boise State University Student Union Building, Alexander Room
Cost: free
Coffee and other refreshments available for purchase at Moxie Java on first floor of SUB (below Alexander Room).

Recommended parking in the Lincoln Garage, directly across University Drive from the SUB ($1/hour, remember your space number when exiting your vehicle and prepay at the machine near the stairs with cash or credit card).

This coffee hour presentation is organized by the Idaho and BSU Student Chapters of the Air & Waste Management Association.