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Rulemaking

DEQ conducts numerous forms of rulemaking in compliance with the Idaho Administrative Procedures Act (Idaho Code §67-5201 et seq).

CategoryDocket DescriptionStatus
Wastewater
IDAPA 58.01.16

Wastewater: Docket No. 58-0116-2501
Scoping meeting to be held in advance of initiating rulemaking in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.

Scoping Meeting November 20, 2024.
Air Quality
IDAPA 58.01.01

Air Quality: Docket No. 58-0101-2401
Rulemaking initiated to update federal regulations incorporated by reference. This rulemaking also removes obsolete text and brings back definitions that were inadvertently struck during previous rulemaking with the intention of moving to other rule sections.

November 14, 2024 Board meeting: Presentation of rule package for adoption of pending rule.
Hazardous Waste
IDAPA 58.01.05
Hazardous Waste:  Docket No. 58-0105-2401
Rulemaking initiated to update federal regulations incorporated by reference.
November 14, 2024 Board meeting: Presentation of rule package for adoption of pending rule.
Water Quality
IDAPA 58.01.02
Water Quality:  Docket No. 58-0102-2401
Rulemaking initiated to remove Sections 851, Petroleum Release Reporting, Investigation, and Confirmation, and 852, Petroleum Release Response and Corrective Action, from IDAPA 58.01.02, Water Quality Standards, and move to IDAPA 58.01.24, Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites. This is a companion rulemaking to Docket No. 58-0124-2401.
November 14, 2024 Board meeting: Presentation of rule package for adoption of pending rule.
Drinking Water
IDAPA 58.01.08
Drinking Water:  Docket No. 58-0108-2401
Rulemaking initiated to incorporate by reference the National Primary Drinking Water Regulation for per- and polyfluoroalkyl substances (PFAS).
November 14, 2024 Board meeting: Presentation of rule package for adoption of pending rule.
Contested Cases
IDAPA 58.01.23
Contested Cases: Docket No. 58-0123-2401
Update IDAPA 58.01.23, Contested Case Rules and Rules for Protection and Disclosure of Records (DEQ rules), for consistency with IDAPA 62.01.01, Idaho Rules of Administrative Procedure, recently adopted by the Office of Administrative Hearings.
November 14, 2024 Board meeting: Presentation of rule package for adoption of pending rule.
Drinking Water and Wastewater Grants
IDAPA 58.01.22
Drinking Water and Wastewater Grants: Docket No. 58-0122-2401
Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.
November 14, 2024 Board meeting: Presentation of rule package for adoption of pending rule.
Environmental Fees
IDAPA 58.01.14
Environmental Fees: Docket No. 58-0114-2401
Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020. This rulemaking also proposes the consolidation of environmental fees into one chapter. Phase one is consolidation of fees applicable to wastewater treatment facilities.
November 14, 2024 Board meeting: Presentation of rule package for adoption of pending rule.
Individual/Subsurface Sewage Disposal
IDAPA 58.01.03
Individual/Subsurface Sewage Disposal: Docket No. 58-0103-2301 
Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.
November 14, 2024 Board meeting: Presentation of rule package for adoption of pending rule.
Air Quality
IDAPA 58.01.01
Air Quality: Docket No. 58-0101-2301
Rulemaking initiated to update federal regulations incorporated by reference.
Final rule effective July 1, 2024.
Petroleum Release Correction Action
IDAPA.58.01.24
Petroleum Release Corrective Action: Docket No. 58-0124-2401
Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020. This rulemaking also transfers Sections 851 and 852 from IDAPA 58.01.02, Water Quality Standards, under companion docket 58-0102-2401.
November 14, 2024 Board meeting: Presentation of rule package for adoption of pending rule.
Underground Storage Tanks
IDAPA 58.01.07
Underground Storage Tanks: Docket No. 58-0107-2301
Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.
Final rule effective July 1, 2024.
Drinking Water
IDAPA 58.01.08
Drinking Water: Docket No. 58-0108-2301
Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.
Final rule effective July 1, 2024.
IPDES
IDAPA 58.01.25
IPDES: Docket No. 58-0125-2301
Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.
Final rule effective July 1, 2024.
Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-2201
This rulemaking was initiated to update Idaho’s human health criteria for arsenic. Negotiated under Docket No. 58-0102-1801 and adopted under Docket No. 58-0102-2201.

Final rule package submitted to EPA for approval on July 6, 2023.

EPA Action letter and Technical Support Document received on September 29, 2023.

Air Quality
IDAPA 58.01.01
Air Quality: Docket No. 58-0101-2101 
Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020, and Title V fee rule revisions negotiated under Docket No. 58-0101-1902.
Final rule effective March 28, 2023.
Air Quality
IDAPA 58.01.01
Air Quality: Docket No. 58-0101-1901 
Rulemaking initiated to update the rules applicable to prescribed fire to ensure that smoke from this type of burning is properly managed and public health is protected.

Negotiated rulemaking meeting October 25, 2023. DEQ and IDL presented the draft interagency smoke management program for prescribed fire.  

Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-1803
Rulemaking initiated to allow de minimis additions of heat in waters that exceed applicable temperature criteria.
Final rule package submitted to EPA for approval April 15, 2019.
Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-1801
This rulemaking was initiated to update Idaho’s human health criteria for arsenic. Negotiated under  Docket No. 58-0102-1801 and proposed under Docket No. 58-0102-2201 .
Proposed rule published in the March 2, 2022 Idaho Administrative Bulletin under Docket No. 58-0102-2201. Comment deadline April 1, 2022.
Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-1802 
Rulemaking to adopt aquatic life criteria for acrolein, carbaryl, and diazinon, and to clarify description of recreational use
Final rule package submitted to EPA for approval on January 20, 2022.
Disposal of Radioactive Materials
IDAPA 58.01.10
Disposal of Radioactive Materials: Docket No. 58-0110-2301 
Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020. This rulemaking also includes review of the list of federal regulations incorporated by reference and adjustments based on that review.
November 14, 2024 Board meeting: Presentation of rule package for adoption of pending rule.
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