Protecting Public Health and the Environment.

Hazardous Waste: Docket No. 58-0105-1901 Pending Rule

Rulemaking initiated to update federal regulations incorporated by reference.

Status of Rulemaking

Pending rule adopted by Board on November 14, 2019.  Final and effective upon adjournment of 2020 legislative session if approved by the Idaho Legislature.

2020 Legislative Rules Review

DEQ Pending rule dockets submitted to the following committees for review:
Senate Health & Welfare Committee and House, Environment, Energy & Technology Committee


November 2019 Board of Environmental Quality Meeting – Pending Rule 

Rulemaking Documents Required by Idaho Administrative Procedure Act             


The purpose of this rulemaking is to ensure that the state rules remain consistent with federal regulations. Idaho’s Rules and Standards for Hazardous Waste, IDAPA 58.01.05, are updated annually to maintain consistency with the federal regulations implementing the Resource Conservation and Recovery Act (RCRA) as directed by the Idaho Hazardous Waste Management Act (HWMA). This proposed rule updates the incorporation by reference of federal regulations to include those revised as of July 1, 2019, and codified in the Code of Federal Regulations (CFR).

Adoption of federal regulations is necessary to maintain program primacy. Incorporation by reference allows DEQ to keep its rules up to date with federal regulation changes and simplifies compliance for the regulated community. Information for obtaining a copy of the federal regulations is included in the rule.

In compliance with Idaho Code 67-5223(4), DEQ prepared a brief synopsis detailing the substantive difference between the previously incorporated material and the latest revised edition or version of the incorporated material being proposed for incorporation by reference. The Overview of Incorporations by Reference is available on this web page.

Public Comment Opportunities

Submit all written comments by mail, fax or email to:

Paula Wilson
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481,

Comment Deadline

September 4, 2019

Written Public Comments on Proposal Rule

 Submitted By Date Received
 No comments were received.  

Negotiated Rulemaking

Negotiated rulemaking was not conducted. DEQ determined that negotiated rulemaking is not feasible due to the simple nature of this rulemaking and because DEQ has no discretion with respect to adopting EPA’s federal regulations implementing the Resource Conservation and Recovery Act (RCRA) as directed by the Idaho Hazardous Waste Management Act (HWMA). Whenever possible, DEQ incorporates federal regulations by reference to ensure that the state rules are consistent with federal regulations.

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Staff Contacts

Hazardous Waste Rules and Policy Coordinator
Caroline Moores
DEQ State Office
Waste Management & Remediation Division
1410 N. Hilton
Boise, ID 83706
(208) 373-0554

Administrative Rules Coordinator
Paula Wilson
DEQ State Office
Attorney General's Office
1410 N. Hilton
Boise, ID 83706
(208) 373-0418