Protecting Public Health and the Environment.

Air Quality: Docket No. 58-0101-1801- Pending Rule

Rulemaking initiated to update and clarify certain air quality permitting sections.

Public Comment Opportunities | Negotiated Rulemaking History

Status of Rulemaking

Pending rule adopted by Board on November 14, 2018. Final and effective upon adjournment of 2019 legislative session if approved by the Idaho Legislature.

2019 Legislative Rules Review

November 2018 Board of Environmental Quality Meeting

Rulemaking Documents Required by Idaho Administrative Procedure Act


DEQ initiated this rulemaking to update and clarify certain air quality permitting sections. The proposed revisions include minor rule clarifications for sources seeking air quality permits or exemptions from permitting. The revisions also include resolving inconsistencies in rule language, removing outdated references, adding provisions for renewing operating permits, and correcting typographical errors.

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 on Proposed Rule

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 History

The text of the proposed rule was drafted based on discussions held and concerns raised during negotiations conducted pursuant to Idaho Code § 67-5220 and IDAPA The Notice of Negotiated Rulemaking was published in the April 2018 issue of the Idaho Administrative Bulletin, and a preliminary draft rule was made available for public review. Meetings were held on May 1 and June 12, 2018. Key information was posted on the DEQ rulemaking web page and distributed to the public. Members of the public participated in the negotiated rulemaking process by attending the meetings and by submitting written comments.

All comments received during the negotiated rulemaking process were considered by DEQ when making decisions regarding development of the rule. At the conclusion of the negotiated rulemaking process, DEQ formatted the final draft for publication as a proposed rule. The negotiated rulemaking record, which includes the negotiated rule drafts, written public comments, documents distributed during the negotiated rulemaking process, and the negotiated rulemaking summary, is available on this web page.

Negotiated Rulemaking Meeting Schedule

No additional meetings are scheduled.

Previous Meetings

June 12, 2018 - Agenda | Sign-in Sheets
May 1, 2018 -
Agenda | Sign-in Sheets

Draft Negotiated Rule and Related Documents

Draft Negotiated Rule Date Posted Date of Meeting Discussion Written Comment Deadline
Draft No. 4 06/29/18 N/A DEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the August 1, 2018, issue of the Idaho Administrative Bulletin. The proposed rule comment deadline is September 5, 2018
DEQ’s Response to Comments on Draft No. 3.1 06/29/18 N/A N/A

Draft No. 3.1
(This draft includes revisions to Subsection 210.20 based on DEQ review)

Draft No. 3

Examples of How DEQ Interprets the Word “Addressed” in Subsection 210.20, Revised June 12, 2018






06/12/18 06/21/18
Draft No. 2 06/08/18 06/12/18 N/A
Examples of How DEQ Interprets the Word “Addressed” in Subsection 210.20 05/22/18 06/12/18 N/A
Preliminary Draft (Draft No. 1) 04/02/18 05/01/18 05/18/18


Written Public Comments

Comment Submitted By Date Received
Comment on Draft No. 3.1 Idaho Conservation League (ICL) 06/18/18
Comment on Draft No. 3.1 TORF Environmental Management 06/21/18
Comment on Draft No. 3.1 J.R. Simplot Company 06/21/18
Comment on Draft No. 3.1 Idaho Association of Commerce & Industry (IACI) 06/22/18
Comment on Draft No. 2 Stoel Rives LLP 06/11/18
Comment on Draft No. 1 TORF Environmental Management 05/17/18
Comment on Draft No. 1 Idaho Association of Commerce & Industry (IACI) 05/18/18
Comment on Draft No. 1 J.R. Simplot Company 05/18/18
Comment on Draft No. 1 Idaho Solid Waste Association (ISWA) 05/18/18

Page Subscription

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

Related Pages

Air Quality Permitting