Protecting Public Health and the Environment.

DEQ Rulemakings

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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. 58-0101-1203 - Final Rule
Update of federal regulations incorporated by reference.		Pending Rule adopted by Board and approved by Legislature. Final and effective 04/04/13.
Air Quality: Docket No. 58-0101-1201 - Final Rule
Rulemaking to make various “housekeeping” revisions such as updates for consistency with federal regulations, clarification, and typographical corrections to certain air quality permitting rule sections, related definitions, and the toxic air pollutant sections.		Pending Rule adopted by Board and approved by Legislature. Final and effective 04/04/13.
Air Quality: Docket No. 58-0101-1202 - Final Rule
Rulemaking to revise the minimum standards for the motor vehicle inspection and maintenance program by allowing the governing authority to grant extensions for meeting emission testing requirements and eliminating the test and repair restrictions on licensed inspection stations.		Pending Rule adopted by Board and approved by Legislature. Final and effective 04/04/13.
Water Quality
IDAPA 58.01.02		Water Quality: Docket No. 58-0102-1001 - Final Rule
Antidegradation implementation procedures.		Final rule effective 3/18/11. Rule package submitted and approved by EPA.
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 03/29/12. Rule package submitted to EPA 08/07/12.
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 03/29/12. Rule package submitted to EPA 06/08/12.
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 3/29/12. Rule package submitted to EPA 06/08/12.
Water Quality: Docket No. 58-0102-1201 - Negotiated Rulemaking
Rulemaking initiated to evaluate local and regional fish consumption information to determine whether Idaho’s statewide criteria are protective of designated uses and, if the current criteria are not protective, to determine appropriate new criteria.		Negotiated rulemaking meeting scheduled for May 29, 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. 58-0105-1201 - Final Rule
Update of federal regulations incorporated by reference.		Pending Rule adopted by Board and approved by Legislature. Final and effective 04/04/13.
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		Public Drinking Water Systems: Docket No. 58-0108-1101 - Final Rule
Rulemaking initiated to define terminology and to establish consistent requirements for new water treatment technologies such as membrane filtration and ultra violet (UV) disinfection.		Pending Rule adopted by Board and approved by Legislature. Final and effective 04/04/13.
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		Rules of Administrative Procedure Before the Board: Docket No. 58-0123-1201 - Final Rule
Rulemaking initiated to make revisions to the Rules of Administrative Procedure Before the Board of Environmental Quality, 58.01.23, for consistency with the 2012 amendment to the Idaho Administrative Procedure Act enacted under Senate Bill 1366.		Pending Rule adopted by Board and approved by Legislature. Final and effective 04/04/13.
Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites
IDAPA 58.01.24		No posted activity at this time.