Protecting Public Health and the Environment.

Hazardous Waste: Docket No. 58-0105-1701 - 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. Idaho’s Rules and Standards for Hazardous Waste, IDAPA 58.01.05, are updated annually to maintain consistency with the federal regulations implementing the Resource Conservation and Recovery Act (RCRA) as directed by the Idaho Hazardous Waste Management Act (HWMA). This proposed rule updates federal regulations incorporated by reference to include those revised as of July 1, 2017. Specific citations of 40 CFR Part 262, contained in IDAPA, have been updated to coincide with a reorganization of this part of the federal regulations.  In addition, this rulemaking makes a minor correction to previous incorporation in IDAPA to clarify that 40 CFR 124.15(b)(2) is being expressly excluded from the incorporation by reference.

Adoption of federal regulations is necessary to maintain program primacy. 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.

DEQ received one public comment but did not revise the rule in response to the comment. However, the rule has been revised at Section 006 to correct an error in the published proposed rule. In the last sentence of Section 006, the “H” in the list of Subparts for 40 CFR Part 262 was unintentionally struck out. The remainder of 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
August 30, 2017

No public hearings were requested or held.

Written Public Comments

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

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 EPA’s federal regulations implementing the Resource Conservation and Recovery Act (RCRA) as directed by the Idaho Hazardous Waste Management Act (HWMA).  Whenever possible, DEQ incorporates federal regulations by reference to ensure that the state rules are consistent with federal regulations.

Page Subscription

Staff Contacts

Hazardous Waste Regulation & Policy Coordinator
Matt Alvarado
DEQ State Office
Waste Management & Remediation Division
14410 N. Hilton
Boise, ID 83706
(208) 373-0554

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