Protecting Public Health and the Environment.

Air Quality: Docket No. 58-0101-1804 - Proposed Rule

Rulemaking initiated to update federal regulations incorporated by reference.

Status of Rulemaking

Presentation to the Idaho Board of Environmental Quality for adoption of pending a rule: November 14-15, 2018.

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, 2018.

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.  Information for obtaining a copy of the federal regulations is included in the rule.

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.

Members of the regulated community who may be subject to Idaho's air quality rules, special interest groups, public officials, and members of the public who have an interest in the regulation of air emissions from sources in Idaho may be interested in commenting on this proposed rule. After consideration of public comments, DEQ intends to present the final proposal to the Idaho Board of Environmental Quality (Board) in November 2018 for adoption of a pending rule.  The rule is expected to be final and effective upon adjournment of the 2019 legislative session if adopted by the Board and approved by the Legislature. DEQ will submit the final rule to EPA for approval.

Public Comment Opportunities

Submit all written comments by mail, fax or email to:

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

Comment Deadline

September 5, 2018

Written Public Comments

Submitted By Date Received

Certificate of Hearing for the September 5, 2018, Public Hearing on Proposed Rule

(No members of the public attending 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