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DEQ rule moves petroleum-release sections into corrective-action chapter, adopts EPA risk calculators
Summary
The committee approved DEQ docket 5801242401, moving petroleum-release reporting/response provisions into the petroleum corrective-action chapter, adopting EPA risk calculators, and updating references to UST technical standards.
Michael McCurdy, Waste Management and Remediation Division Administrator at the Department of Environmental Quality, presented docket 5801242401 to revise rules for petroleum release corrective action and to consolidate petroleum-release provisions previously located in the water quality standards chapter.
"This rule provides the requirements to respond to assess and clean up petroleum releases," McCurdy said. He described moving two sections (previously IDAPA 580102-851 and -852) into IDAPA 580124 for clarity and consolidation, and said the rule replaces DEQ's internal risk-evaluation software with EPA's risk calculators. McCurdy noted a bid to update DEQ's software was "in the neighborhood of $1,900,000," and that EPA calculators are free and are updated routinely.
McCurdy said the ZBR (zero‑based regulation) process led to deletions, simplifications, and consolidation; negotiated rulemaking meetings were held, and public comment produced some changes. Two items remained unresolved on the record: a request that the Petroleum Storage Tank Fund's trustees be listed as required participants in manual revisions (the trustees will be invited to the public process), and a request to exclude benzo[a]pyrene from vapor intrusion evaluations (DEQ's toxicologist advised following EPA's process and retained the chemical for evaluation).
Senator Harris asked whether relying on EPA calculators would make Idaho subject to stricter EPA changes. McCurdy explained the calculators provide initial screening levels and that EPA updates typically occur about every six months; using the calculators avoids repeated contractor costs to update state software and allows site‑specific risk evaluations when appropriate.
The committee voted to approve docket 5801242401 by voice vote. DEQ said it will follow a public process to revise the risk-evaluation manual and will invite the Petroleum Storage Tank Fund trustees to participate.
