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DEQ moves petroleum-release corrective-action rules to consolidated chapter and adopts EPA risk calculators
Summary
DEQ moved petroleum release reporting and corrective-action provisions into a single rule chapter, adopted EPA risk calculators for site evaluations, and the committee approved the docket after discussion of unresolved comments and technical details.
Michael McCurdy presented Docket 5801242401, a comprehensive revision that consolidates petroleum-release reporting, investigation and corrective-action requirements into the Rules for Petroleum Release Corrective Action.
McCurdy said the package transfers two sections previously in the water quality standards (IDAPA 58.01.02 sections 851 and 852) into this chapter to consolidate petroleum-release requirements. As part of the state’s 0-based-regulation review, DEQ streamlined structure and removed redundant language. The rule replaces DEQ’s internal risk-evaluation software with EPA’s risk-calculator process (McCurdy noted DEQ’s in-house software was outdated and that a quote to update it was about $1,900,000), and adds references to federal underground storage tank technical standards (40 CFR part 280) necessary for state program approval.
McCurdy described two unresolved comments: a request to name the Petroleum Storage Tank Funds Committee of Trustees as required participants when the risk-evaluation manual is revised (DEQ said the committee would be invited during the public process) and a request to exclude benzo[a]anthracene from vapor-intrusion risk evaluations (DEQ said that would conflict with EPA processes and its toxicologist verified relevant toxicity values).
The rule includes moved sections (petroleum release reporting, investigation and confirmation; petroleum release response and corrective action), references to EPA risk calculators for screening and site-specific evaluations, and updated guidance-manual procedures with a public-involvement process for revising the risk-evaluation manual. Senator Harris asked whether adopting EPA calculators would subject Idaho to EPA changes; McCurdy explained the calculators are screening tools updated regularly (about every six months) to reflect new toxicity information and that DEQ lacks resources to maintain proprietary software. Senator Guthrie moved to approve Docket 5801242401; Senator Hart seconded and the committee approved the docket by voice vote.
No roll-call tally or additional public testimony appears in the transcript for this docket.
