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
Air Quality
IDAPA 58.01.01
Air Quality: Docket No. 58-0101-1804 - Pending Rule
Rulemaking initiated to update federal regulations incorporated by reference.
Pending rule adopted by Board on November 14, 2018. Final and effective upon adjournment of 2019 legislative session if approved by the Idaho Legislature.
Air Quality: Docket No. 58-0101-1803 - Pending Rule
Rulemaking initiated at the recommendation of the Crop Residue Advisory Committee to allow farmers to pay the required fees after the burn instead of prior to the burn.
Pending rule adopted by Board on November 14, 2018. Final and effective upon adjournment of 2019 legislative session if approved by the Idaho Legislature.
Air Quality: Docket No. 58-0101-1802 - Negotiated Rulemaking (Terminated)
Rulemaking initiated to negotiate a significant rate for ammonia in PM2.5 nonattainment areas where the nonattainment plan requires that the control requirements apply to major stationary sources and major modifications of ammonia as a PM2.5 precursor regulated new source review pollutant.
Negotiated rulemaking terminated.
Air Quality: Docket No. 58-0101-1801- Pending Rule
Rulemaking initiated to update and clarify certain air quality permitting sections.
Pending rule adopted by Board on November 14, 2018. Final and effective upon adjournment of 2019 legislative session if approved by the Idaho Legislature.
Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-1803 - Pending Rule
Rulemaking initiated to allow de minimis additions of heat in waters that exceed applicable temperature criteria.
Pending rule adopted by Board on November 14, 2018. Final and effective upon adjournment of 2019 legislative session if approved by the Idaho Legislature.
Water Quality: Docket No. 58-0102-1802 - Pending Rule
Rulemaking initiated for revision of recreational use and criteria and adoption of aquatic life criteria for three toxics
Pending rule adopted by Board on November 14, 2018. Final and effective upon adjournment of 2019 legislative session if approved by the Idaho Legislature.
Water Quality: Docket No. 58-0102-1801 - Negotiated Rulemaking
Rulemaking initiated to update Idaho’s human health criteria for arsenic.
November 29, 2018, meeting cancelled. No meetings scheduled at this time.
Water Quality: Docket No. 58-0102-1703 - Pending 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 adopted by Board on November 14, 2018. Final and effective upon adjournment of 2019 legislative session if approved by the Idaho Legislature.
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; available in the Idaho Administrative Code by April 27, 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.
Final rule effective March 28, 2018; available in the Idaho Administrative Code by April 27, 2018.
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 effective March 25, 2016. Final rule package submitted to EPA for approval December 13, 2016.
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
No posted activity at this time.
Wastewater Facility Grants
IDAPA 58.01.04
No posted activity at this time.
Hazardous Waste
IDAPA 58.01.05
Hazardous Waste: Docket No. 58-0105-1801 - Pending Rule
Rulemaking initiated to update federal regulations incorporated by reference.
Pending rule adopted by Board on November 14, 2018. Final and effective upon adjournment of 2019 legislative session if approved by the Idaho Legislature.
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
No posted activity at this time.
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
No posted activity at this time.
Water Pollution Control Loans
IDAPA 58.01.12
No posted activity at this time.
Ore Processing by Cyanidation
IDAPA 58.01.13
No posted activity at this time.
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
No posted activity at this time.
Wastewater
IDAPA 58.01.16
No posted activity at this time.
Recycled Water Rules
IDAPA 58.01.17
No posted activity at this time.
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
Risk Based Corrective Action at Petroleum Release Sites: Docket No. 58-0124-1801 - Temporary/Pending Rule
Rulemaking initiated to update the Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites, IDAPA 58.01.24, and the associated guidance manual, Idaho Risk Evaluation Manual for Petroleum Releases, to reflect the updated toxicity criteria as established by EPA.
Temporary/Pending rule adopted by Board on November 14, 2018. Temporary rule effective December 5, 2018. Pending rule final and effective upon adjournment of 2019 legislative session if approved by the Idaho Legislature.
Idaho Pollutant Discharge Elimination System Program
IDAPA 58.01.25
Idaho Pollutant Elimination System: Docket No. 58-0125-1801 Pending Rule
Rulemaking initiated to correct inconsistencies relating to administrative provisions and incorporation by reference of federal regulations.
Pending rule adopted by Board on November 14, 2018. Final and effective upon adjournment of 2019 legislative session if approved by the Idaho Legislature.
Idaho Pollutant Elimination System: Docket No. 58-0125-1701 - Final Rule
Rulemaking initiated to ensure that the IPDES rules remain consistent with federal regulations.
Final rule effective March 28, 2018; available in the Idaho Administrative Code by April 27, 2018.
Idaho Pollutant Discharge Elimination System Program: Docket No. 58-0125-1401 - Final Rule
Rulemaking initiated to implement Idaho Code § 39-175C, which directed DEQ to seek approval of a National Pollutant Discharge Elimination System (NPDES) program.
Final rule effective March 24, 2016.