Official Government Website

Rulemaking

DEQ conducts numerous forms of rulemaking in compliance with the Idaho Administrative Procedures Act (Idaho Code §67-5201 et seq).

CategoryDocket DescriptionStatus
Contested Cases
IDAPA 58.01.23

Contested Cases: Docket No. 58-0123-2101 – Negotiated Rulemaking 
Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.

Negotiated rulemaking meeting April 27, 2021.

Land Remediation
IDAPA 58.01.18
Land Remediation: Docket No. 58-0118-2101 – Negotiated Rulemaking

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

Negotiated rulemaking meeting April 23, 2021.

Hazardous Waste
IDAPA 58.01.05

Hazardous Waste: Docket No. 58-0105-2101 – Negotiated Rulemaking

Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020, and to update federal regulations incorporated by reference.

Negotiated rulemaking meeting April 14, 2021.

Swine Facilities
IDAPA 58.01.09
Swine Facilities: Docket No. 58-0109-2101 – Negotiated Rulemaking

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

Negotiated rulemaking meeting May 5, 2021.

Omnibus

Omnibus Rulemaking: Docket No. 58-0000-2100F – Temporary Fee Rules

Rulemaking initiated to adopt IDAPA 58 fee rule chapters adopted by the Board in 2020 and submitted to the First Regular Session of the 66th Idaho Legislature for review.

February 11, 2021 Board meeting: Presentation of rule package for adoption as temporary fee rules.
OmnibusOmnibus Rulemaking: Docket No. 58-0000-2000F – Pending Fee Rules
Rulemaking initiated to adopt IDAPA 58 rule chapters as they were presented in the pending rule dockets adopted by the Board in 2019 and submitted to the Second Regular Session of the 65th Idaho Legislature for review.
Pending fee rules adopted by Board on November 5, 2020.  Final and effective upon adjournment of 2021 legislative session if approved by the Idaho Legislature. Temporary fee rule chapter IDAPA 58.01.13 adopted by the Board with an effective date of November 6, 2020.
Air Quality
IDAPA 58.01.01
Air Quality: Docket No. 58-0101-1902 – Negotiated Rulemaking
Rulemaking initiated to revise the fee structure of a Clean Air Act mandated air permitting program.
Next negotiated rulemaking meeting date to be determined.
Air Quality
IDAPA 58.01.01
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.
Next negotiated rulemaking meeting date to be determined.
Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-2001 – Pending Rule
Rulemaking initiated to (1) revise water quality standards based on stakeholder comments and concerns regarding the implementation of the bacteria criteria, and (2) delete obsolete rule language.
Pending rule adopted by the Board on November 19, 2020. Final and effective upon adjournment of 2021 legislative session if approved by the Idaho Legislature.
Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-1803 – Final Rule
Rulemaking initiated to allow de minimis additions of heat in waters that exceed applicable temperature criteria.
Final rule package submitted to EPA for approval April 15, 2019.
Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-1801 – Negotiated Rulemaking
Rulemaking initiated to update Idaho’s human health criteria for arsenic.
Negotiated rulemaking meeting April 22, 2021, to be held via telephone and video conferencing.
Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-1802 – Final Rule
Rulemaking initiated for revision of recreational use and criteria and adoption of aquatic life criteria for three toxics
Pending rule approved by the Idaho Legislature. Final and effective April 11, 2019.
Individual/Subsurface Sewage Disposal
IDAPA 58.01.03
Individual/Subsurface Sewage Disposal: Docket No. 58-0103-1901 – Pending Rule
Rulemaking initiated in response to challenges made in enforcing and updating portions of the Technical Guidance Manual for Individual Subsurface Sewage Disposal Systems (TGM).
Pending rule adopted by the Board on November 19, 2020. Final and effective upon adjournment of 2021 legislative session if approved by the Idaho Legislature.
Wastewater Facility Grants
IDAPA 58.01.04
Wastewater Facility Grants: Docket No. 58-0104-1901 – Pending Rule
Rulemaking initiated in response to Executive Order No. 2019-02, Red Tape Reduction Act, issued by Governor Little on January 21, 2019. (Chapter Repeal)
Pending rule adopted by the Board on May 14, 2020.  Final and effective upon adjournment of 2021 legislative session if approved by the Idaho Legislature.
Solid Waste Management
IDAPA 58.01.06
Solid Waste: Docket No. 58-0106-1901 – Proposed Rule
Rulemaking initiated in response to Executive Order No. 2019-02, Red Tape Reduction Act, issued by Governor Little on January 21, 2019.
 All IDAPA 58 temporary fee rule chapters, including the revisions negotiated under Docket No. 58-0106-1901, will be published as proposed rules in Omnibus Rulemaking Docket No. 58-0000-2000F in the special edition of the Idaho Administrative Bulletin on September 16, 2020.
Water Pollution Control Loans
IDAPA 58.01.12
Water Pollution Control Loans: Docket No. 58-0112-1901 – Proposed Rule
Rulemaking initiated in response to Executive Order No. 2019-02, Red Tape Reduction Act, issued by Governor Little on January 21, 2019.
 All IDAPA 58 temporary fee rule chapters, including the revisions negotiated under Docket No. 58-0112-1901, will be published as proposed rules in Omnibus Rulemaking Docket No. 58-0000-2000F in the special edition of the Idaho Administrative Bulletin on September 16, 2020.
Ore Processing by Cyanidation
IDAPA 58.01.13
Ore Processing by Cyanidation: Docket No. 58-0113-1901 – Negotiated Rulemaking
Rulemaking initiated in response to Idaho Mining Association’s request for rulemaking.
All IDAPA 58 temporary fee rule chapters, including the revisions negotiated under Docket No. 58-0113-1901, will be published as proposed rules in Omnibus Rulemaking Docket No. 58-0000-2000F in the special edition of the Idaho Administrative Bulletin on September 16, 2020.
Design and Construction of Phosphogypsum Stacks
IDAPA 58.01.19
Design and Construction of Phosphogypsum Stacks: Docket No. 58-0119-2001 – Negotiated Rulemaking
Rulemaking initiated for the promulgation of rules for the design and construction of phosphogypsum stacks as directed by the 2020 Idaho Legislature.
Next negotiated rulemaking date to be determined.
Drinking Water Loan Program
IDAPA 58.01.20
Drinking Water Loan Program: Docket No. 58-0120-1901 – Proposed Rule
Rulemaking initiated in response to Executive Order No. 2019-02, Red Tape Reduction Act, issued by Governor Little on January 21, 2019. (Chapter Repeal)
This rulemaking is for the repeal of a fee rule chapter. The rule expired and was consolidated with IDAPA 58.01.12 in Omnibus Rulemaking Docket No. 58-0000-2000F.
Drinking Water Facility Planning Grants
IDAPA 58.01.22
Drinking Water Facility Planning Grants: Docket No. 58-0122-1901 – Pending Rule
Rulemaking initiated in response to Executive Order No. 2019-02, Red Tape Reduction Act, issued by Governor Little on January 21, 2019.
Pending rule adopted by the Board on May 14, 2020.  Final and effective upon adjournment of 2021 legislative session if approved by the Idaho Legislature.
Idaho Pollutant Discharge Elimination System Program
IDAPA 58.01.25
Idaho Pollutant Discharge Elimination System Program: Docket No. 58-0125-2001 – Negotiated Rulemaking
Rulemaking initiated to ensure the Rules Regulating the Idaho Pollutant Discharge Elimination System (IPDES) Program, IDAPA 58.01.25, remain consistent with federal regulations and to make clarifications in response to ambiguities identified during DEQ’s administration of the IPDES program.
All IDAPA 58 temporary fee rule chapters, including the revisions negotiated under Docket No. 58-0125-2001, will be published as proposed rules in Omnibus Rulemaking Docket No. 58-0000-2000F in the special edition of the Idaho Administrative Bulletin on September 16, 2020.
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