Protecting Public Health and the Environment.

DEQ Rulemakings

In Idaho, rules are proposed by state departments, opened for public comment, and in most agencies, reviewed by a board of citizens appointed by the governor. If approved by the board, the rules are then sent to the Legislature for review. If the Legislature does not act on the rules, they automatically take effect at the end of the legislative session. Legislative action is required, however, whenever a rule implements a new or revised fee. Rules are compiled in administrative code and people who do not follow the rules may be subject to enforcement actions. Rules specifically governing DEQ’s actions are contained in Chapter 58 of Idaho’s Administrative Code.

CategoryDocket DescriptionStatus
Omnibus
Omnibus Rulemaking: Docket No. 58-0000-1900 - Temporary and Proposed Rulemaking
Rulemaking initiated to adopt and re-publish existing and previously approved and codified rule chapters under IDAPA 58 rules of the Department of Environmental Quality.
Temporary rule adopted by the Board on May 16, 2019. Effective June 30, 2019. Proposed rule open for public comment June 19 through July 10, 2019.
Omnibus Rulemaking: Docket No. 58-0000-1900F - Temporary and Proposed Fee Rulemaking
Rulemaking initiated to adopt and re-publish existing and previously approved and codified fee rule chapters under IDAPA 58 rules of the Department of Environmental Quality.
Temporary rule adopted by the Board on May 16, 2019. Effective June 30, 2019. Proposed rule open for public comment June 19 through July 10, 2019.
Air Quality
IDAPA 58.01.01
Air Quality: Docket No. 58-0101-1904 - Adoption of Temporary Fee Rule
Rulemaking initiated to adopt and re-publish existing and previously approved and codified fee rule chapters under IDAPA 58 rules of the Department of Environmental Quality.
Temporary rule adopted by the Board on May 16, 2019. Effective June 30, 2019.
Air Quality: Docket No. 58-0101-1903 - Negotiated Rulemaking
Rulemaking initiated in response to Executive Order No. 2019-02, Red Tape Reduction Act, issued by Governor Little on January 21, 2019.
No additional are meetings scheduled. Proposed rule open for public comment August 7 through September 10, 2019.
Air Quality: Docket No. 58-0101-1902 - Negotiated Rulemaking
Rulemaking initiated to revise the fee structure of a Clean Air Act mandated air permitting program.
May 30, 2019, negotiated rulemaking meeting has been postponed.
Air Quality: Docket No. 58-0101-1901 - Negotiated Rulemaking
Rulemaking initiated to update the rules applicable to prescribed burning to ensure that smoke from this type of burning is properly managed and public health is protected.
Negotiated rulemaking meeting August 1, 2019.
Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-1803 - Final Rule
Rulemaking initiated to allow de minimis additions of heat in waters that exceed applicable temperature criteria.
Pending rule approved by the Idaho Legislature. Final and effective April 11, 2019. Final rule package submitted to EPA for approval April 15, 2019.
Water Quality: Docket No. 58-0102-1802 - Final Rule
Rulemaking initiated for revision of recreational use and criteria and adoption of aquatic life criteria for three toxics
Pending rule approved by the Idaho Legislature. Final and effective April 11, 2019.
Water Quality: Docket No. 58-0102-1801 - Negotiated Rulemaking
Rulemaking initiated to update Idaho’s human health criteria for arsenic.
Negotiated rulemaking meeting July 23, 2019.
Water Quality: Docket No. 58-0102-1703 - Final Rule
Rulemaking initiated to designate domestic water supply as a beneficial use in water bodies where the Safe Drinking Water Information System indicates an active surface water intake and where domestic water supply is not currently designated.
Pending rule approved by the Idaho Legislature. Final and effective April 11, 2019.
Water Quality: Docket No. 58-0102-1702 - Final Rule
Rulemaking initiated for administrative purposes and to revise Subsection 210.01, Criteria for Toxic Substances, by streamlining and reorganizing the table that contains criteria for protection of aquatic life and human health.
Final rule effective March 28, 2018.
Water Quality: Docket No. 58-0102-1701 - Final Rule
Rulemaking initiated to update selenium criteria for aquatic life.
Final rule package submitted to EPA for approval August 24, 2018.
Water Quality: Docket No. 58-0102-1502 - Final Rule
Rulemaking initiated to update DEQ’s existing hardness dependent criteria by using EPA’s 2007 304(a) copper criteria. This update is a Reasonable and Prudent Alternative identified in National Oceanic and Atmospheric Administration’s (NOAA) biological opinion (BiOp) on Idaho’s criteria for toxic substances to support aquatic life.
EPA approved final rule package on May 2, 2019.
Water Quality: Docket No. 58-0102-1501 - Final Rule
Rulemaking initiated to add language to the Idaho Water Quality Standards that is consistent with the federal regulations for designating and revising uses assigned to waterbodies, providing basis for guidance on the use designation/revision process.
EPA approved final rule package on August 23, 2018.
Water Quality: Docket No. 58-0102-1401 - Final Rule
Rulemaking initiated to update DEQ’s Mixing Zone Policy in the Water Quality Standards.
Final rule effective April 11, 2015. Final rule package submitted to EPA for approval October 26, 2016. Final Idaho Mixing Zone Implementation Guidance posted on December 22, 2016.
Water Quality: Docket No. 58-0102-1301 - Final Rule
Rulemaking initiated in response to EPA disapproval of the water quality standards provision that exempts, from Tier II antidegradation review, those activities or discharges determined to be insignificant (de minimus exemption).
Final rule effective April 11, 2015. Rule package approved by EPA September 26, 2014.
Water Quality: Docket No. 58-0102-1201 - Final Rule
Rulemaking initiated to evaluate local and regional fish consumption information and to update Idaho’s human health criteria.
Final Rule Package Submitted to EPA - Approved on April 4, 2019
Water Quality: Docket No. 58-0102-1103 - Final Rule
Rulemaking initiated to make the language on implementation of antidegradation procedures in Idaho’s water quality standards consistent with changes in state law brought about by the 2011 Legislature’s passage of House Bill 153.
Final rule effective March 29, 2012. Rule package approved by EPA September 26, 2014.
Water Quality: Docket No. 58-0102-1102 - Final Rule
Rulemaking initiated to modify the existing site specific temperature criterion for the Snake River to protect fall spawning of Chinook salmon from Hell’s Canyon Dam to the Salmon River.
Final rule effective March 29, 2012. Rule package submitted to EPA June 8, 2012.
Water Quality: Docket No 58-0102-1101 - Final Rule
Rulemaking to revise two sections addressing temperature: 1) the thermal treatment requirements which limit the rise in water temperature due to wastewater treatment plants, and 2) site-specific criteria for water temperature to protect salmonid spawning.
Final rule effective March 29, 2012. Rule package submitted to EPA August 07, 2012.
Water Quality: Docket No. 58-0102-1001 - Final Rule
Antidegradation implementation procedures.
Final rule effective March 18, 2011. Rule package submitted and approved by EPA. EPA disapproval of insignificant activity or discharge exemption. As a result of this disapproval, DEQ initiated negotiated rulemaking docket 58-0102-1301 in August 2013.
Individual/Subsurface Sewage Disposal
IDAPA 58.01.03
Individual/Subsurface Sewage Disposal: Docket No. 58-0103-1902 - Adoption of Temporary Rule
Rulemaking initiated to adopt and re-publish existing and previously approved and codified rule chapters under IDAPA 58 rules of the Department of Environmental Quality.
Temporary rule adopted by the Board on May 16, 2019. Effective June 30, 2019.
Individual/Subsurface Sewage Disposal: Docket No. 58-0103-1901 - Negotiated Rulemaking
Rulemaking initiated in response to challenges made in enforcing and updating portions of the Technical Guidance Manual for Individual Subsurface Sewage Disposal Systems (TGM). This rule change will add a section to the rules to facilitate permitting, design and construction activities for individual/subsurface sewage disposal systems in the state of Idaho by adding portions of the TGM into the rules.
Negotiated rulemaking meeting July 10, 2019.
Wastewater Facility Grants
IDAPA 58.01.04
No posted activity at this time.
Hazardous Waste
IDAPA 58.01.05
No posted activity at this time.
Solid Waste Management
IDAPA 58.01.06
No posted activity at this time.
Underground Storage Tank Systems
IDAPA 58.01.07
No posted activity at this time.
Public Drinking Water Systems
IDAPA 58.01.08
No posted activity at this time.
Swine Facilities
IDAPA 58.01.09
Swine Facilities: Docket No. 58-0109-1901 - Adoption of Temporary Fee Rule
Rulemaking initiated to adopt and re-publish existing and previously approved and codified fee rule chapters under IDAPA 58 rules of the Department of Environmental Quality.
Temporary rule adopted by the Board on May 16, 2019. Effective June 30, 2019.
Disposal of Radioactive Materials Not Regulated Under the Atomic Energy Act
IDAPA 58.01.10
No posted activity at this time.
Gound Water
IDAPA 58.01.11
Ground Water: Docket No. 58-0111-1901 - Adoption of Temporary Fee Rule
Rulemaking initiated to adopt and re-publish existing and previously approved and codified fee rule chapters under IDAPA 58 rules of the Department of Environmental Quality.
Temporary rule adopted by the Board on May 16, 2019. Effective June 30, 2019.
Water Pollution Control Loans
IDAPA 58.01.12
No posted activity at this time.
Ore Processing by Cyanidation
IDAPA 58.01.13
Ore Processing by Cyanidation: Docket No. 58-0113-1901 - Negotiated Rulemaking
Rulemaking initiated in response to Idaho Mining Association’s request for rulemaking.
Negotiated rulemaking meeting June 27, 2019.
Fees for Environmental Operating Permits, Licenses, and Inspection Services
IDAPA 58.01.14
No posted activity at this time.
Cleaning of Septic Tanks
IDAPA 58.01.15
Cleaning of Septic Tanks: Docket No. 58-0115-1901 - Adoption of Temporary Rule
Rulemaking initiated to adopt and re-publish existing and previously approved and codified rule chapters under IDAPA 58 rules of the Department of Environmental Quality.
Temporary rule adopted by the Board on May 16, 2019. Effective June 30, 2019.
Wastewater
IDAPA 58.01.16
No posted activity at this time.
Recycled Water Rules
IDAPA 58.01.17
Recycled Water: Docket No. 58-0117-1901 - Adoption of Temporary Rule
Rulemaking initiated to adopt and re-publish existing and previously approved and codified rule chapters under IDAPA 58 rules of the Department of Environmental Quality.
Temporary rule adopted by the Board on May 16, 2019. Effective June 30, 2019.
Idaho Land Remediation
IDAPA 58.01.18
No posted activity at this time.
Small Communities Improvement Program
IDAPA 58.01.19
No posted activity at this time.
Drinking Water Loan Program
IDAPA 58.01.20
No posted activity at this time.
Protection and Disclosure of Records in the Possession of DEQ
IDAPA 58.01.21
No posted activity at this time.
Drinking Water Facility Planning Grants
IDAPA 58.01.22
No posted activity at this time.
Administrative Procedure Before the Board of Environmental Quality
IDAPA 58.01.23
No posted activity at this time.
Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites
IDAPA 58.01.24
No posted activity at this time.
Idaho Pollutant Discharge Elimination System Program
IDAPA 58.01.25
No posted activity at this time.