Minerals: Rulemaking for IDAPA 20.03.02

Status of Rulemaking

Negotiated rulemaking concluded in August 2020, and IDL submitted the final draft negotiated rule to be formatted for publication as a proposed rule. The proposed rule published in the Idaho Administrative Bulletin in September 2020 under docket 20-0000-2000F (Omnibus Proposed Fee Rule).

Information on the proposed rule, including a link to the Notice of Proposed Rule and public comments on the proposed rule, can be found on the Docket No. 20-0000-2000F rulemaking page.

This rulemaking is continuing through the proposed and pending stages under the omnibus rulemaking docket number. For status updates, see the Docket No. 20-0000-2000F rulemaking page.

Documents Required by Idaho Administrative Procedure Act

Notice of Intent to Promulgate Rules – Administrative Bulletin Volume 20-5, May 6, 2020 – Page 95

Overview

This rulemaking began in May 2019 under docket number 20-0302-1901 and was assigned a new docket number in May 2020. For rulemaking materials and comments received in 2019, please see the web page for docket 20-0302-1901.

The passage of House Bill 141 during the 2019 legislative session significantly amended Idaho’s Surface Mining Act. IDL is initiating rulemaking to incorporate key legislative changes into rule, which include:
 •  determining surface impacts of underground mines;
 •  setting fees for reclamation plans;
 •  incorporating water treatment and post-closure activities in reclamation plans, as needed;
 •  requiring that all reclamation tasks in a plan be completed and covered by financial assurance;
 •  estimating actual cost of reclamation and post-closure activities;
 •  allowing additional types of financial assurance, such as corporate guarantees and trusts; and
 •  reviewing every plan at least once every five years.

This rulemaking will also address cyanide closure plans, prompted by amendments to IDAPA 58.01.13, Rules for Ore Processing by Cyanidation by the Idaho Department of Environmental Quality.

Zero-Based Regulation Prospective Analysis Form, completed May 2020 for negotiated rulemaking.

Negotiated Rulemaking Schedule

Negotiated Rulemaking Summary – 9/11/2020

No additional meetings are scheduled for negotiated rulemaking.

Previous meetings
Aug. 10, 2020 – Agenda 8-10-2020 | Participant list 8-10-2020
July 17, 2020 – Agenda 7-17-20 | Participant list 7-17-20
June 30, 2020 – Agenda 6-30-20 | Participant list 6-30-20
May 15, 2020 – Agenda 5-15-20 | Participant list 5-15-20

Meetings held in 2019 are posted on the web page for docket 20-0302-1901.

Draft Rule and Public Comments

Final draft negotiated rule

Compilation of Research Materials