Protecting Public Health and the Environment.

Air Quality: Docket No. 58-0101-1901 - Negotiated Rulemaking

Rulemaking initiated to update the rules applicable to prescribed burning to ensure that smoke from this type of burning is properly managed and public health is protected.

Status of Rulemaking

Negotiated rulemaking meeting October 1, 2019.

Rulemaking Documents Required by Idaho Administrative Procedure Act


Prescribed fire has long been used as a forest management tool in Idaho, and its use is expected to increase due to large wildfires becoming more frequent in the Western U.S. However, if not managed properly, smoke from prescribed burning may endanger human health. DEQ’s air quality rules include prescribed burning as an allowable form of open burning when smoke emissions are managed. The prescribed burning rules have two goals:  protect public health and provide flexibility to land managers to use prescribed fire as a management tool.

DEQ initiated this rulemaking to update the rules applicable to prescribed burning to ensure that smoke from this type of burning is properly managed and public health is protected. With the increase in the use of prescribed fire, the management of smoke from it is becoming more important.

Method of Participation/Negotiated Rulemaking

Those interested in participating in the negotiated rulemaking process are encouraged to attend the meeting at one of the following locations. Additional meetings will be scheduled if necessary. The public may participate by telephone and web conferencing at any of the meeting locations or with individual connections. Individuals interested in participating by telephone and web conferencing should contact Paula Wilson by the date provided in the table below. For those who cannot participate by attending the meeting, written public comment opportunities will be made available throughout the negotiated rulemaking process. To sign up for email notifications, contact Paula Wilson.

Negotiated Rulemaking Meeting Schedule

DEQ State Office
Conference Center
1410 N. Hilton, Boise, Idaho

October 1, 2019, 9 a.m. to 12:30 p.m. MDT

Contact Paula Wilson by September 24, 2019, to make arrangements for participation by telephone and web conferencing.

DEQ Coeur d’Alene Regional Office
2110 Ironwood Parkway, Coeur d’Alene

DEQ Lewiston Regional Office
1118 F Street, Lewiston

DEQ Twin Falls Regional Office
650 Addison Ave. West, Suite 110 
Twin Falls

DEQ Pocatello Regional Office
444 Hospital Way #300, Pocatello

DEQ Idaho Falls Regional Office
900 N. Skyline, Suite B,
Idaho Falls


The meeting locations will be accessible to persons with disabilities, and language translators will be made available upon request. Requests for these accommodations must be made no later than five days prior to the meeting date. For arrangements, contact Paula Wilson.

Previous Meetings

August 1, 2019 - Agenda | Sign-in Sheets

June 20, 2019 - Agenda | Sign-in Sheets

May 10, 2019 - Agenda | Sign-in Sheets

April 9, 2019 - Agenda | Sign-in Sheets

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,

Draft Negotiated Rule and Meeting Presentations

Draft Negotiated Rule and Meeting Presentations Date Posted Date of Meeting Discussion Written Comment Deadline

Prescribed Burning Negotiated Rulemaking Meeting 4 August 1, 2019 – DEQ PowerPoint Presentation

DEQ Real-Time Air Monitoring

DEQ Annual Ambient Air Quality Monitoring Network Plan


8/1/19 8/30/19

Preliminary Draft Rule (Draft No. 1)


8/1/19 8/30/19

Prescribed Fire Negotiated Rulemaking June 20, 2019 – DEQ PowerPoint Presentation

National Emissions Inventory (NEI)

The 2017 NEI has not been posted on the EPA website. The most recent NEI is for 2014.

Idaho DEQ’s Open Burning Map

Crop Residue Burning Operating Guide (This link is provided as an example of the type of information found in an operating guide.)




Prescribed Fire Negotiated Rulemaking May 10, 2019 – DEQ PowerPoint Presentation







Prescribed Fire Negotiated Rulemaking April 9, 2019 – DEQ PowerPoint Presentation

Montana/Idaho Airshed Group  (resource for current burn map provided in the DEQ PowerPoint Presentation)

BLM PowerPoint Presentation

4/10/19  4/09/19   4/16/19

A preliminary draft rule was not posted for public review prior to the first meeting. The first meeting has been scheduled for the purpose of discussing the current state of smoke management in Idaho, an overview of the ecology of fire, and the future of prescribed fire activity.  



Written Public Comments

Comment Submitted By Date Received
Comment on 6/20/19 meeting presentation Association of Logging Contractors (ALC) 6/24/19
Comment on 5/10/19 meeting presentation Adams County Commissioner Viki Purdy 6/7/19
Comment on 5/10/19 meeting presentation Washington County Commissioners 5/30/19
Comment on 5/10/19 meeting presentation Jacob Odekirk 5/28/19
Comment on 5/10/19 meeting presentation Kevin Chaffee, NCF 5/10/19
Comment on 4/9/19 meeting presentation  

Idaho Conservation League (ICL)

Comment on 4/9/19 meeting presentation Jim Rehder, Cottonwood, Idaho 4/11/19
Comment on 4/9/19 meeting presentation Intermountain Society of American Foresters Snake River Chapter 4/9/19

Page Subscription

Staff Contacts

Smoke Management Supervisor
Mark Boyle
DEQ Coeur d'Alene Regional Office
2110 Ironwood Parkway
Coeur d'Alene, ID 83814
(208) 666-4607

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