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. 58-0000-2000F – Temporary Fee Rules
Rulemaking initiated to adopt IDAPA 58 rule chapters as they were presented in the pending rule dockets adopted by the Board in 2019 and submitted to the Second Regular Session of the 65th Idaho Legislature for review.
Temporary rules adopted by the Idaho Board of Environmental Quality on February 13, 2020. Effective March 20, 2020.
Omnibus Rulemaking: Docket No. 58-0000-1900 - Final 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.
Pending rule approved by the Idaho Legislature. Final and effective March 20, 2020.
Omnibus Rulemaking: Docket No. 58-0000-1900F - Pending 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.
The pending rules were adopted by the Idaho Board of Environmental Quality on October 7, 2019, and submitted to the Idaho Legislature for review. On February 13, 2020, the Board adopted these rules as temporary to be effective upon adjournment sine die of the Second Regular Session of the 65th Idaho Legislature in the event the Legislature did not approve the rules. The Legislature did not approve the pending rules, and the temporary rules became effective March 20, 2020. See Docket No. 58-0000-2000F.
Air Quality
IDAPA 58.01.01
Air Quality: Docket No. 58-0101-1904 - Pending 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.
The pending rules were adopted by the Idaho Board of Environmental Quality on October 7, 2019, and submitted to the Idaho Legislature for review. On February 13, 2020, the Board adopted these rules as temporary to be effective upon adjournment sine die of the Second Regular Session of the 65th Idaho Legislature in the event the Legislature did not approve the rules. The Legislature did not approve the pending rules, and the temporary rules became effective March 20, 2020. See Docket No. 58-0000-2000F.
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.
Next negotiated rulemaking meeting date to be determined.
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.
Next negotiated rulemaking meeting date to be determined.
Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-2001 Negotiated Rulemaking
Rulemaking initiated to (1) revise water quality standards based on stakeholder comments and concerns regarding the implementation of the bacteria criteria, and (2) delete obsolete rule language.
Negotiated rulemaking meeting June 11, 2020, to be held via telephone and video conferencing.
Water Quality: Docket No. 58-0102-1901 - Final Rule
Rulemaking initiated to revise Subsection 287.03 for consistency with recent EPA review and action regarding site-specific selenium criterion effective for Clean Water Act purposes.
Pending rule approved by the Idaho Legislature. Final and effective March 20, 2020.
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.
Final rule package submitted to EPA for approval April 15, 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 15, 2020, to be held via telephone and web conferencing.
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. 58-0102-1703 — 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.
EPA approved final rule package on September 16, 2019.
Water Quality: Docket No. 58-0102-1701 - Final Rule
Rulemaking initiated to update selenium criteria for aquatic life.
Final rule package submitted to EPA. Approved, with exceptions, on July 9, 2019.
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.
EPA approved final rule package on December 16, 2019.
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.
EPA approved final rule package on November 21, 2019.
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 and Cleaning of Septic Tanks: Docket No. 58-0103-1902 - Final 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.
Pending rule approved by the Idaho Legislature. Final and effective March 20, 2020.
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.
No additional negotiated rulemaking meetings are scheduled.
Wastewater Facility Grants
IDAPA 58.01.04
Wastewater Facility Grants: Docket No. 58-0104-1901 Proposed Rule
Rulemaking initiated in response to Executive Order No. 2019-02, Red Tape Reduction Act, issued by Governor Little on January 21, 2019.
Presentation to the Idaho Board of Environmental Quality for adoption of a pending rule: May 14, 2020.
Hazardous Waste
IDAPA 58.01.05
No posted activity at this time.
Solid Waste Management
IDAPA 58.01.06
Solid Waste: Docket No. 58-0106-1901 Proposed Rule
Rulemaking initiated in response to Executive Order No. 2019-02, Red Tape Reduction Act, issued by Governor Little on January 21, 2019.
Presentation to the Idaho Board of Environmental Quality for adoption of a pending rule: May 14, 2020.
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 - Pending 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.
The pending rules were adopted by the Idaho Board of Environmental Quality on October 7, 2019, and submitted to the Idaho Legislature for review. On February 13, 2020, the Board adopted these rules as temporary to be effective upon adjournment sine die of the Second Regular Session of the 65th Idaho Legislature in the event the Legislature did not approve the rules. The Legislature did not approve the pending rules, and the temporary rules became effective March 20, 2020. See Docket No. 58-0000-2000F.
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 - Pending 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.
The pending rules were adopted by the Idaho Board of Environmental Quality on October 7, 2019, and submitted to the Idaho Legislature for review. On February 13, 2020, the Board adopted these rules as temporary to be effective upon adjournment sine die of the Second Regular Session of the 65th Idaho Legislature in the event the Legislature did not approve the rules. The Legislature did not approve the pending rules, and the temporary rules became effective March 20, 2020. See Docket No. 58-0000-2000F.
Water Pollution Control Loans
IDAPA 58.01.12
Water Pollution Control Loans: Docket No. 58-0112-1901 - Proposed Rule
Rulemaking initiated in response to Executive Order No. 2019-02, Red Tape Reduction Act, issued by Governor Little on January 21, 2019.
Presentation to the Idaho Board of Environmental Quality for adoption of a pending rule: May 14, 2020.
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.
No additional negotiated rulemaking meetings are scheduled.
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
Combined into Docket No. 58-0103-1902
This rule chapter has been combined with Individual/Subsurface Sewage Disposal Rules, IDAPA 58.01.03
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 - Final 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.
Pending rule approved by the Idaho Legislature. Final and effective March 20, 2020.
Idaho Land Remediation
IDAPA 58.01.18
No posted activity at this time.
Design and Construction of Phosphogypsum Stacks
IDAPA 58.01.19
Design and Construction of Phosphogypsum Stacks: Docket No. 58-0119-2001 Negotiated Rulemaking
Rulemaking initiated for the promulgation of rules for the design and construction of phosphogypsum stacks as directed by the 2020 Idaho Legislature.
June 25, 2020, negotiated rulemaking meeting date cancelled. Next negotiated rulemaking date to be determined.
Drinking Water Loan Program
IDAPA 58.01.20
Drinking Water Loan Program: Docket No. 58-0120-1901 Proposed Rule
Rulemaking initiated in response to Executive Order No. 2019-02, Red Tape Reduction Act, issued by Governor Little on January 21, 2019.
Presentation to the Idaho Board of Environmental Quality for adoption of a pending rule: May 14, 2020.
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
Drinking Water Facility Planning Grants: Docket No. 58-0122-1901 Proposed Rule
Rulemaking initiated in response to Executive Order No. 2019-02, Red Tape Reduction Act, issued by Governor Little on January 21, 2019.
Presentation to the Idaho Board of Environmental Quality for adoption of a pending rule: May 14, 2020.
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
Idaho Pollutant Discharge Elimination System Program: Docket No. 58-0125-2001 Negotiated Rulemaking
Rulemaking initiated to ensure the Rules Regulating the Idaho Pollutant Discharge Elimination System (IPDES) Program, IDAPA 58.01.25, remain consistent with federal regulations and to make clarifications in response to ambiguities identified during DEQ’s administration of the IPDES program.
No additional negotiated rulemaking meetings are scheduled.