Phil Hart — Identified himself as Vice Chairman and said he would run the meeting in the chair's absence.
Phil Hart — Addressed as Mr. Chairman and asked to go at ease briefly.
Phil Hart — As Vice Chair, he announces going at ease and directs Ms. Nelson to the relevant page in the rulebook.
Phil Hart — He brings the committee back to order and invites Ms. Nelson to continue.
Phil Hart — He asks whether there was a public hearing process for this docket and the next one.
Phil Hart — He asks about the next docket and whether a public process was held.
Phil Hart — He turns to the next docket after approving the prior one.
Mary Ann Nelson — Mary Ann Nelson was invited to the podium, introduced herself as the Surface and Wastewater Division Administrator at DEQ, and began presenting docket 5801-2-2-2501 on Idaho water quality standards. She later clarified that the committee was dealing with docket 5801-2-2501.
Mary Ann Nelson — Mary Ann Nelson, DEQ Surface and Wastewater Division Administrator, presents docket 5801-16-2501 on wastewater rules. She explains that the rules set design, construction, and operation standards for wastewater collection, treatment, and disposal systems in Idaho, and outlines the rulemaking process, including internal review, a scoping meeting in November 2024, and three negotiated rulemakings held from April through June.
Ms. Nelson — Ms. Nelson resumes her presentation on the rulemaking docket, directing members to the relevant section and explaining that certain temperature criteria and related language were disapproved by EPA and therefore removed from the rulemaking. She clarifies that the changes are simply aligning Idaho rules with EPA disapproval actions, concludes her presentation of the docket, and offers to answer questions before the committee moves to approve the docket.
Ron Taylor — A continuous committee discussion about an environmental rule/docket and related objections, including a motion to approve the docket, with a brief follow-up reference to Senator Taylor’s earlier questions about a definition and gray water/recycled water rules.
Mark Harris — He is identified as the senator who seconds the motion.
Mark Harris — Provided the second to the motion.
Mark Harris — Senator Harris moved to accept docket 58-0106-2501, and the motion was seconded by another senator.
Mark Harris — A brief procedural exchange in which Senator O'Conniewicz brought the online-link issue to Senator Van Orden's attention, followed by Senator Harris seconding the motion.
Van Burtenshaw — Van Burtenshaw, acting as chair, concluded discussion by inviting questions, asked for a motion, and then proceeded with procedural motions to hold the docket at the call of the chair and move to the next agenda item.
unidentified witness/testifier — A person who wants to testify was discussed; the committee considered giving him another opportunity to appear at the next meeting.
gentleman who wants to testify — The chair said the matter should be paused so the gentleman could try to appear at the next meeting.
Michael McCurdy — Introduced himself as the Waste Management and Remediation Division Administrator for DEQ.
Michael McCurdy — Identified himself and explained that docket 580105-2501 is the annual incorporation by reference of federal hazardous waste regulations.
Michael McCurdy — Continued summarizing the hazardous waste docket and explained the incorporation by reference of federal regulations through July 1, 2025.
Michael McCurdy — Explained that Part 271 was added because it relates to state authorization to implement the hazardous waste program in lieu of EPA.
Michael McCurdy — Explained that no negotiated rulemaking meetings were held because the action was incorporation by reference, and noted the public comment opportunities.
Michael McCurdy — Concluded the summary of the docket and requested committee approval of docket 58-105-2501.
Michael McCurdy — Was asked whether any substantive changes were made beyond updating the year in the incorporated federal regulations.
Michael McCurdy — Answered that the only new federal change was the e-manifest system.
Michael McCurdy — Acknowledged the next docket after approval of the prior one.
Michael McCurdy — Introduced himself again and began presenting the solid waste management rules docket.
Michael McCurdy — Continued explaining the solid waste management rule revisions and began responding to a question about the definition of solid waste.
Jim Guthrie — Made the motion to approve docket 58-0105-25-01.
Jim Guthrie — Senator Guthrie raised concerns that rule-docket formatting and strikeouts make it difficult to tell whether language has been deleted, moved, or newly added. He followed up by asking whether language moved to another section could lose its original context or meaning, and his earlier concern was later referenced as a call for clearer cross-references to Idaho Code.
Jim Guthrie — Senator Guthrie first asked where to obtain a hard copy of the Code of Federal Regulations referenced in the rule, then was prompted to make a motion, and subsequently moved approval of docket 58-0101-2501.
Kevin Cook — Explained that the definition was not removed, but instead referenced to the Idaho Code section where it already appears.
Kevin Cook — Continued describing edits to the solid waste rules, focusing on section 010.01.8.I.
Kevin Cook — Explained that revisions were made to align with definitions in Section 005 and to remove unnecessary taglines.
Kevin Cook — Was asked to explain the difference between Tier 1 and Tier 2 facilities.
Kevin Cook — Explained that facility tiers are based on the type and quantity of waste received, with lower tiers handling more de minimis material.
Kevin Cook — Continued explaining that higher-tier facilities have more complex requirements, including liners and leachate collection for Tier 3.
Kevin Cook — Explained that section 060 on violations was deleted because Idaho Code already covers those enforcement topics.
Kevin Cook — Concluded the docket summary and requested committee approval of docket 58-0106-2501.
Kevin Cook — Was addressed by Senator Guthrie regarding clarity in rule drafting and markup.
Kevin Cook — Responded that if context matters, DEQ would include a specific definition within the relevant rule to avoid multiple definitions.
Kevin Cook — Explained that nuanced definitions can be clarified within a specific rule when needed.
Kevin Cook — Was asked again if there were any other questions before a motion.
Mike Simon — Mike Simon, the Air Quality Division Administrator for the Idaho Department of Environmental Quality, introduced docket 580101-201 and explained that it is the annual incorporation by reference of federal air quality regulations. He noted that the docket includes federal air quality changes through July 1, 2025, that no comments were received, and that the overview materials include links to the roughly 32 federal actions he would be covering.
Julie VanOrden — Asked whether there was a discussion or motion and then offered a comment about online links to the regulations.