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. 58-0101-1604 - Proposed Rule
Rulemaking initiated as an outgrowth of the negotiations conducted under Docket No. 58-0101-1601 to develop an interim rule that allows the Crop Residue Burning Program to continue operating under the 2008 ozone NAAQS until EPA approves the new 90% ozone level in a revised State Implementation Plan.
Proposed rule comment period ended October 11, 2016.
Air Quality: Docket No. 58-0101-1603 - Pending Rule
Rulemaking initiated to update federal regulations incorporated by reference.
Pending rule adopted by Board on October 13, 2016. Final and effective upon adjournment of 2017 legislative session if approved by the Idaho Legislature.
Air Quality: Docket No. 58-0101-1602 - Pending Rule
Rulemaking initiated to delete Section 582, Interim Conformity Provisions for Northern Ada County Former Nonattainment Area for PM-10.
Pending rule adopted by Board on October 13, 2016. Final and effective upon adjournment of 2017 legislative session if approved by the Idaho Legislature.
Air Quality: Docket No. 58-0101-1601 - Proposed Rule
Rulemaking initiated to develop a new ozone level that is still protective of the ozone NAAQS, and also provides farmers the ability to burn while following smoke management best practices.
Proposed rule comment period ended October 11, 2016.
Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-1502 - Negotiated Rulemaking/Guidance Development
Rulemaking initiated to update DEQ’s existing hardness dependent criteria by using EPA’s 2007 304(a) copper criteria. This update is a Reasonable and Prudent Alternative identified in National Oceanic and Atmospheric Administration’s (NOAA) biological opinion (BiOp) on Idaho’s criteria for toxic substances to support aquatic life.
Next meeting April 25, 2017.
Water Quality: Docket No. 58-0102-1501 - Final Rule
Rulemaking initiated to add language to the Idaho Water Quality Standards that is consistent with the federal regulations for designating and revising uses assigned to waterbodies, providing basis for guidance on the use designation/revision process.
Final rule effective March 25, 2016. Final rule package submitted to EPA for approval December 30, 2016.
Water Quality: Docket No. 58-0102-1401 - Final Rule
Rulemaking initiated to update DEQ’s Mixing Zone Policy in the Water Quality Standards.
Final rule effective April 11, 2015. Final rule package submitted to EPA for approval October 26, 2016. Final Idaho Mixing Zone Implementation Guidance posted on December 22, 2016.
Water Quality: Docket No. 58-0102-1301 - Final Rule
Rulemaking initiated in response to EPA disapproval of the water quality standards provision that exempts, from Tier II antidegradation review, those activities or discharges determined to be insignificant (de minimus exemption).
Final rule effective April 11, 2015. Rule package approved by EPA September 26, 2014.
Water Quality: Docket No. 58-0102-1201 - Final Rule
Rulemaking initiated to evaluate local and regional fish consumption information and to update Idaho’s human health criteria.
Final rule effective March 25, 2016. Final rule package submitted to EPA for approval December 13, 2016.
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 March 29, 2012. Rule package approved by EPA September 26, 2014.
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 March 29, 2012. Rule package submitted to EPA June 8, 2012.
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 March 29, 2012. Rule package submitted to EPA August 07, 2012.
Water Quality: Docket No. 58-0102-1001 - Final Rule
Antidegradation implementation procedures.
Final rule effective March 18, 2011. Rule package submitted and approved by EPA. EPA disapproval of insignificant activity or discharge exemption.
Individual/Subsurface Sewage Disposal
IDAPA 58.01.03
Individual/Subsurface Sewage Disposal Rules: Docket No. 58-0103-1501 - Pending Rule
Rulemaking initiated to create an effective and useful means of approving and overseeing service providers for DEQ and the health districts and will expand choices of service providers for private property owners.
Pending rule adopted by Board on May 12, 2016. Final and effective July 1, 2017 if approved by the Idaho Legislature.
Wastewater Facility Grants
IDAPA 58.01.04
No posted activity at this time.
Hazardous Waste
IDAPA 58.01.05
Hazardous Waste: Docket No. 58-0105-1601 - Pending Rule
Rulemaking initiated to update federal regulations incorporated by reference.
Pending rule adopted by Board on October 13, 2016. Final and effective upon adjournment of 2017 legislative session if approved by the Idaho Legislature.
Solid Waste Management
IDAPA 58.01.06
No posted activity at this time.
Underground Storage Tank Systems
IDAPA 58.01.07
Underground Storage Tank Systems: Docket No. 58-0107-1601 - Pending Rule
Rulemaking initiated to adopt into state rules the newly revised federal Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (USTs), 40 CFR Part 280, and to establish a fee structure.
Pending rule adopted by Board on October 13, 2016. Final and effective upon adjournment of 2017 legislative session if approved by the Idaho Legislature.
Public Drinking Water Systems
IDAPA 58.01.08
No posted activity at this time.
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
No posted activity at this time.
Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites
IDAPA 58.01.24
No posted activity at this time.
Idaho Pollutant Discharge Elimination System Program
IDAPA 58.01.25
Idaho Pollutant Discharge Elimination System Program: Docket No. 58-0125-1401 - Final Rule
Rulemaking initiated to implement Idaho Code § 39-175C, which directed DEQ to seek approval of a National Pollutant Discharge Elimination System (NPDES) program.
Final rule effective March 24, 2016.