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Senate panel advances DEQ cyanidation rule to align permits with statute
Summary
The Senate Resources & Environment Committee approved temporary and pending Docket No. 58-0113-2501 to align Idaho Department of Environmental Quality cyanidation permitting rules with statutory changes from S 1170 and Idaho Code § 39-118A; DEQ and mining industry representatives said negotiated rulemaking will continue.
The Senate Resources & Environment Committee on Jan. 28 approved temporary and pending Docket No. 58-0113-2501, a set of rule changes intended to bring Idaho Department of Environmental Quality cyanidation permitting rules into alignment with statutory revisions enacted in S 1170.
Michael McCurdy, Waste Management and Remediation Division Administrator for DEQ, told the committee the docket is both temporary (in effect through July 1, 2026) and pending and that DEQ took a narrowly focused approach to ensure consistency with Idaho Code § 39-118A. He said additional negotiated-rulemaking meetings were scheduled for April 3 and May 1 and asked the committee to approve both the temporary and pending rules “to initiate the changes to the rules without delay.”
McCurdy outlined several substantive edits the department proposed, including revised definitions, clarified applicability for facilities with existing permits, changes to pre-application conference requirements and cost-recovery language, and updates to application content and permit processing procedures intended to align rule text with the statute.
Ben Davenport of the Idaho Mining Association thanked DEQ for its work but told the committee that the association and DEQ were “not necessarily aligned” on all provisions; he said industry would continue to participate in negotiated rulemaking and expects to pursue further changes in subsequent meetings. Senators asked about written comments received in July 2025 and whether it would be problematic to approve the rule prior to additional input; McCurdy said DEQ was continuing to work with facilities and that statutory language would control in any conflict between statute and rule.
The committee approved the temporary and pending dockets on a voice vote after Senator Guthrie moved the approval and Chairman Burtenshaw seconded. The temporary rule will remain in effect through the pending-rule effective date unless superseded by later action.
