Protecting Public Health and the Environment.

Table of Authorities

Laws prescribe a legal standard that must be followed by all individuals, businesses or other entities within the applicable jurisdiction. Laws originate as bills and must be passed by a majority of the members of a governing body, such as the U.S. Congress or the Idaho Legislature. They are compiled in specific codes, such as Idaho Code. Major environmental laws include the federal Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act, as well as the state Idaho Environmental Protection and Health Act.

Rules, too, prescribe a legal standard, but they originate with federal and state agencies rather than a governing body. The Idaho Legislature passes laws, but also authorizes agencies, including DEQ, to help put those laws into effect by creating and enforcing rules. Laws often do not include all the details needed to explain how an individual or business must follow the law. In order to make the laws work on a day-to-day basis, the Idaho Legislature authorizes agencies such as DEQ to create rules.

The Table of Authorities below provides a comprehensive list of the state and federal laws and rules under which DEQ is authorized to regulate air quality, water quality, and solid/hazardous waste in Idaho.

Air Quality

Program or Activity Federal Authority State Authority
Air Toxics

Clean Air Act: Title 42, Chapter 85

CFR Title 40, Parts 62, 81-85

State Implementation Plan
Ambient Assessment (Monitoring)

Clean Air Act: Title 42, Chapter 85

CFR Title 40, Parts 53, 58

Quality Assurance Procedures
Attainment/Nonattainment Activities

Clean Air Act: Title 42, Chapter 85

CFR, Title 40, Part 50

Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01)
Burning, "Open" Residential
and Burn Bans
Not applicable Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01)
Compliance Assurance

Clean Air Act: Title 42, Chapter 85

CFR Title 40, Parts 70 and 71

Environmental Protection and Health Act of 1972 (Title 39, Chapter 1)
Permit by Rule Not applicable Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01)
Permits to Construct
(New Source Review)

Clean Air Act: Title 42, Chapter 85

CFR Title 40, Parts 53, 58

Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01)
Operating Permits: Tier I and Tier II

Clean Air Act: Title 42, Chapter 85

CFR Title 40, Part 71

Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01)

Water Quality

Program or Activity Federal Authority State Authority
Antidegradation Agreement Clean Water Act: Title 33, Chapter 26

Executive Orders 88-23 and 92-23

Water Quality Standards (IDAPA 58.01.02)

Assessment, Water Quality: 305(b) Clean Water Act: Title 33, Chapter 26 Water Quality Standards (IDAPA 58.01.02)
Basin and Watershed Advisory Groups: BAGs and WAGs   Environmental Protection and Health Act of 1972 (Title 39, Chapter 36)
Big Payette Lake Water Quality Protection   Big Payette Lake Water Quality Act (Title 39, Chapter 66)
Certification, Water Quality: 401 Clean Water Act: Title 33, Chapter 26 Water Quality Standards (IDAPA 58.01.02)
Coeur d'Alene Lake Water Quality Protection   Basin Environmental Improvement Act (Title 39, Chapter 81)
Drinking Water Systems, Public: Regulation of Safe Drinking Water Act (SDWA): 42 USC

Idaho Food, Drug, and Cosmetic Act, Domestic Water and Ice (Title 37, Chapter 21)

Environmental Protection and Health Act of 1972 (Title 39, Chapter 1)

Idaho Rules for Public Drinking Water Systems (IDAPA 58.01.08)

Drinking Water Systems, Public: Planning Grants Safe Drinking Water Act (SDWA): 42 USC

Environmental Protection and Health Act of 1972 (Title 39, Chapters 1 and 36)

Rules for Administration of Planning Grants for Public Drinking Water Facilities (IDAPA 58.01.22)

Drinking Water Systems, Public: Construction Loans Safe Drinking Water Act (SDWA): 42 USC

Environmental Protection and Health Act of 1972 (Title 39, Chapter 76)

Rules for Administration of Drinking Water Loan Program (IDAPA 58.01.20)

Ground Water Protection: State, Regional, Local  

Environmental Protection and Health Act of 1972 (Title 39, Chapter 1)

Ground Water Quality Rule (IDAPA 58.01.11)

 
Nonpoint Source Management: 319 Clean Water Act: Title 33, Chapter 26

Environmental Protection and Health Act of 1972 (Title 39, Chapters 1 and 36)

Water Quality Standards (IDAPA 58.01.02)

NPDES Inspections Clean Water Act: Title 33, Chapter 26

Environmental Protection and Health Act of 1972 (Title 39, Chapters 1 and 36)

Water Quality Standards (IDAPA 58.01.02)

Septic Systems/Septage Disposal CFR Title 40, Part 503

Environmental Protection and Health Act of 1972 (Title 39, Chapters 1 and 36)

Individual/Subsurface Sewage Disposal Rules (IDAPA 58.01.03)

Standards, Water Quality Clean Water Act: Title 33, Chapter 26

Environmental Protection and Health Act of 1972 (Title 39, Chapter 36)

Water Quality Standards (IDAPA 58.01.02)

Surface Water Quality Monitoring Clean Water Act: Title 33, Chapter 26

Environmental Protection and Health Act of 1972 (Title 39, Chapter 36)

Water Quality Standards (IDAPA 58.01.02)

Total Maximum Daily Load Development Clean Water Act: Title 33, Chapter 26

Environmental Protection and Health Act of 1972 (Title 39, Chapter 36)

Water Quality Standards (IDAPA 58.01.02)

Wastewater Systems, Public: Regulation of Clean Water Act: Title 33, Chapter 26

Environmental Protection and Health Act of 1972 (Title 39, Chapters 1 and 36)

Water Quality Standards (IDAPA 58.01.02)

Wastewater Rules (IDAPA 58.01.16)

Rules for the Reclamation and Reuse of Municipal and Industrial Wastewater
(IDAPA 58.01.17)

Wastewater Systems, Public: Planning Grants Clean Water Act: Title 33, Chapter 26

Environmental Protection and Health Act of 1972 (Title 39, Chapters 1 and 36)

Rules for the Administration of Wastewater Treatment Facility Grants (IDAPA 58.01.04)

Wastewater Systems, Public: Construction Loans Clean Water Act: Title 33, Chapter 26

Environmental Protection and Health Act of 1972 (Title 39, Chapters 1 and 36)

Rules for the Administration of Water Pollution Control Loans (IDAPA 58.01.12)

Water-Quality Limited Segments: 303(d) Clean Water Act: Title 33, Chapter 26

Environmental Protection and Health Act of 1972 (Title 39, Chapter 36)

Water Quality Standards (IDAPA 58.01.02)

Waste Management & Remediation

 

Program or Activity Federal Authority State Authority
Brownfields Assessment and Cleanup Comprehensive Environmental Response, Compensation, and Liability Act: 42 USC  
Coeur d'Alene Basin Environmental Protection and Improvement   Basin Environmental Improvement Act
(Title 39, Chapter 81)
Cyanide Permitting  

Environmental Protection and Health Act of 1972 (Title 39, Chapter 1)

Rules for Ore Processing by Cyanidation (IDAPA 58.01.13)

Emergency Response, Hazardous Waste  

Hazardous Substance Emergency Response Act (Title 39, Chapter 71)

Executive Order 2003-11

Hazardous Waste Management CFR Title 40, Parts 260-280

Hazardous Waste Management Act
(Title 39, Chapter 44)

Rules and Standards for Hazardous Waste (IDAPA 58.01.05)

Hazardous Waste Remediation

Resource Conservation and Recovery Act (RCRA): 42 USC;

Comprehensive Environmental Response, Compensation, and Liability Act: 42 USC

Hazardous Waste Management Act
(Title 39, Chapter 44)

 

INL Oversight Resource Conservation and Recovery Act (RCRA): 42 USC

Hazardous Waste Management Act
(Title 39, Chapter 44)

Rules Regulating the Disposal of Radioactive Materials (IDAPA 58.01.10)

Petroleum Storage Tanks, Regulation of  

Environmental Protection and Health Act of 1972 (Title 39, Chapter 1)

Water Quality Standards (IDAPA 58.01.02)

Ground Water Quality Rule (IDAPA 58.01.11)

Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites (IDAPA 58.01.24)

Solid Waste Management, Municipal CFR Title 40, Part 258D

Idaho Solid Waste Facilities Act (Title 39, Chapter 74)

Solid Waste Management Rules (IDAPA 58.01.06)

Voluntary Cleanup Program  

Idaho Land Remediation Act (Title 39, Chapter 72)

Idaho Land Remediation Rules (IDAPA 58.01.18)

Waste Tire Management and Disposal   Waste Tire Disposal (Title 39, Chapter 65)

Other Laws Governing DEQ's Activities