Protecting Public Health and the Environment.

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

Rulemaking initiated to update federal regulations incorporated by reference.

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


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.

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

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