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IPDES:  Docket No. 58-0125-2301

Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.


Final rule effective July 1, 2024.


DEQ initiated this rulemaking in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.  Pursuant to EO 2020-01, each rule chapter effective on June 30, 2020, shall be reviewed by the agency that promulgated the rule. The review will be conducted according to a schedule established by the Division of Financial Management, Office of the Governor (DFM), posted at This is one of the DEQ rule chapters up for review in 2023. The goal of the rulemaking is to perform a critical and comprehensive review of the entire chapter in an attempt to reduce overall regulatory burden, streamline various provisions, increase clarity and ease of use, and maintain state program approval.

This rulemaking also updates federal regulations incorporated by reference with the July 1, 2023 Code of Federal Regulations (CFR) effective date. The July 1, 2023 CFR is a codification of federal regulations published in the Federal Register as of July 1, 2023. Adoption of federal regulations is necessary to maintain program primacy. Incorporation by reference allows DEQ to keep its rules up to date with federal regulations and simplifies compliance for the regulated community.

Meeting Details

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Method for Participating and Submitting Comments

Those interested in participating in the negotiated rulemaking process are encouraged to attend the scheduled meeting.

For those who cannot participate by attending the meeting, public comment opportunities will be made available throughout the rulemaking process.

Submit all written comments and direct questions to:

Mary Anne Nelson
Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706

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Notice of Rulemaking – Proposed Rule | Written Comment Deadline 10/06/23

Negotiated Rule Documents and Meeting PresentationsDate PostedDate of MeetingWritten Comment Deadline

Negotiated Rule Draft No. 3
The revisions in this draft are highlighted in yellow and are based on DFM review and comments received. This draft also includes cleanup of a Federal Register citation in Subsection The revisions are on pages 1 – 14, 32, 43, 69, and 89.

08/03/23N/AThe next comment period will commence upon publication of the proposed rule in the September 6, 2023 Idaho Administrative Bulletin.

Negotiated Rule Draft No. 2
The revisions for this draft are highlighted in yellow on pages 4, 8, 11, 60, 71, and 117.

June 1, 2023 DEQ PowerPoint Presentation


Negotiated Rule Draft No. 1

April  20, 2023 DEQ PowerPoint Presentation




October 19, 2022 Scoping Meeting – DEQ PowerPoint Presentation

Video of October 19, 2022 Scoping Meeting

CommentSubmitted byDate Received
No comments received on proposed rule.  
Comment on Rule Draft No. 2City Cambridge06/16/23
Comment on Rule Draft No. 2City of Pocatello06/16/23
Comment on Rule Draft No. 2Association of Idaho Cities06/16/23
Comment on Rule Draft No. 1City of Boise05/05/23

Pending rules submitted to the 2024 Idaho Legislature for review

2024 Legislative Rules Review Books

  • House Environment, Energy & Technology Committee
  • Senate Resources & Environment Committee

Board of Environmental Quality Meeting
November 16, 2023 | 9:00 a.m. MT                                  

Information to attend in person or via Microsoft Teams available at Board of Environmental Quality website

November 16, 2023 Meeting Documents

Meeting Notice

Meeting Agenda

Meeting Materials

July 1, 2024

No information available at this time.

No information available at this time.

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