Protecting Public Health and the Environment.

Air Quality: Docket No. 58-0101-1702 - Final Rule

Rulemaking initiated to update federal regulations incorporated by reference.

Status of Rulemaking

Final rule effective March 28, 2018; available in the Idaho Administrative Code by April 27, 2018.

Effective Date

March 28, 2018

2018 Legislative Rules Review

Pending rule approved by the House, Environment, Energy & Technology Committee on January 16, 2018, and approved by the Senate Health & Welfare Committee on January 22, 2018.

November 2017 Board of Environmental Quality Meeting

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. The Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01, are updated annually to maintain consistency with federal regulations implementing the Clean Air Act. This proposed rule updates federal regulations incorporated by reference to include those revised as of July 1, 2017.

Adoption of federal regulations is necessary for EPA approval of Idaho’s Title V Operating Permit Program and state primacy of Clean Air Act programs. Incorporation by reference allows DEQ to keep its rules up to date with federal regulation changes and simplifies compliance for the regulated community.

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.

After consideration of public comments, the rule has been adopted as initially proposed. The rule is expected to be final and effective upon the conclusion of the 2018 legislative session if approved by the Legislature.

Public Comment Opportunities

Submit all written comments by mail, fax or e-mail to:

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

Comment Deadline
September 7, 2017

Public Hearing
September 7, 2017, 3 p.m.
DEQ State Office
Conference Room A
1410 N. Hilton, Boise

Written Public Comments

Submitted By Date Received
Joan Hobbs, Mountain Home 09/12/17

Certificate of Hearing for the September 7, 2017 Public Hearing on Proposed Rule

(No members of the public attended the hearing)

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 federal regulations that are necessary for EPA approval of Idaho’s Title V Operating Permit Program and state primacy of Clean Air Act programs. 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

Air Quality Rules Coordinator
Carl Brown
DEQ State Office
Air Quality Division
1440 N. Hilton
Boise, ID 83706
(208) 373-0206

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