DEQ conducts numerous forms of rulemaking in compliance with the Idaho Administrative Procedures Act (Idaho Code §67-5201 et seq).
| Category | Docket Description | Status |
| Drinking Water and Wastewater Grants IDAPA 58.01.22 | Drinking Water and Wastewater Grants: Docket No. 58-0122-2401 – Negotiated Rulemaking | Negotiated rulemaking meeting June 5, 2024. |
Environmental Fees | Environmental Fees: Docket No. 58-0114-2401 – Negotiated Rulemaking | Negotiated rulemaking meeting May 22, 2024. |
| Individual/Subsurface Sewage Disposal IDAPA 58.01.03 | Individual/Subsurface Sewage Disposal: Docket No. 58-0103-2301 – 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. | No comments received on Rule Draft No. 2; no meeting scheduled. Next comment period will commence upon publication of the proposed rule in the Idaho Administrative Bulletin in 2024. |
| Air Quality IDAPA 58.01.01 | Air Quality: Docket No. 58-0101-2301 – Pending Rule Rulemaking initiated to update federal regulations incorporated by reference. | Pending rule adopted by Board on November 16, 2023. If approved by concurrent resolution of the 2024 Idaho State Legislature, the rule will become effective on the date specified in the concurrent resolution. |
| Petroleum Release Correction Action IDAPA.58.01.24 | Petroleum Release Corrective Action: Docket No. 58-0124-2401 – 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 9, 2024 |
| Underground Storage Tanks IDAPA 58.01.07 | Underground Storage Tanks: Docket No. 58-0107-2301 – Pending Rule Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020. | Pending rule adopted by Board on November 16, 2023. If approved by concurrent resolution of the 2024 Idaho State Legislature, the rule will become effective on the date specified in the concurrent resolution. |
| Drinking Water IDAPA 58.01.08 | Drinking Water: Docket No. 58-0108-2301 – Pending Rule Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020. | Pending rule adopted by Board on November 16, 2023. If approved by concurrent resolution of the 2024 Idaho State Legislature, the rule will become effective on the date specified in the concurrent resolution. |
| Water Quality IDAPA 58.01.02 | Water Quality: Docket No. 58-0102-2301 – Zero-Based Regulation Review | Negotiated rulemaking cancelled. DEQ has determined that Docket No. 58-0102-2301 will not move forward in 2023. DEQ will review and propose IDAPA 58.01.02 for review under Executive Order 2020-01 at a later date. |
| IPDES IDAPA 58.01.25 | IPDES: Docket No. 58-0125-2301 – Pending Rule Rulemaking initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020. | Pending rule adopted by Board on November 16, 2023. If approved by concurrent resolution of the 2024 Idaho State Legislature, the rule will become effective on the date specified in the concurrent resolution. |
| Hazardous Waste IDAPA 58.01.05 | Hazardous Waste: Docket No. 58-0105-2201 – Final Rule Rulemaking initiated to update federal regulations incorporated by reference. | Final rule effective April 6, 2023. |
| Water Quality IDAPA 58.01.02 | Water Quality: Docket No. 58-0102-2201 – Final Rule This rulemaking was initiated to update Idaho’s human health criteria for arsenic. Negotiated under Docket No. 58-0102-1801 and adopted under Docket No. 58-0102-2201. | Rule package submitted to EPA for approval on July 6, 2023. EPA Action letter and Technical Support Document received on September 29, 2023. |
| Recycled Water IDAPA 58.01.17 | Recycled Water: Docket No. 58-0117-2201 – Final Rule 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 addition of a new section, General Reuse Permits. | Final rule effective April 6, 2023. |
| Protection and Disclosure of Records in the Possession of DEQ IDAPA 58.01.21 | Protection and Disclosure of Records in the Possession of DEQ – Docket No. 58-0121-2101 – 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. | All IDAPA 58 temporary fee rule chapters, including the revisions negotiated under Docket Nos. 58-0123-2101 and 58-0121-2101, will be published as proposed rules in rule chapter IDAPA 58.01.23 in Omnibus Rulemaking Docket No. 58-0000-2100F in the October 20, 2021, Idaho Administrative Bulletin; comment deadline November 10, 2021. |
| Air Quality IDAPA 58.01.01 | Air Quality: Docket No. 58-0101-2101 – Final Rule 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 Title V fee rule revisions negotiated under Docket No. 58-0101-1902. | Final rule effective March 28, 2023. |
| Omnibus | Omnibus Rulemaking Docket No. 58-0000-2100 – Pending Non-Fee Rule Rulemaking initiated to adopt the existing and previously approved codified IDAPA 58 non-fee rule chapters. | Pending rules approved by the Idaho Legislature. Final rules effective March 31, 2022. |
| 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. | All IDAPA 58 temporary fee rule chapters, including the revisions negotiated under Docket Nos. 58-0123-2101 and 58-0121-2101 will be published as proposed rules in rule chapter IDAPA 58.01.23 in Omnibus Rulemaking Docket No. 58-0000-2100 in the October 20, 2021 Idaho Administrative Bulletin; comment deadline November 10, 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. | All IDAPA 58 temporary fee rule chapters, including the revisions negotiated under Docket No. 58-0118-2101, will be published as proposed rules in Omnibus Rulemaking Docket No. 58-0000-2100F in the October 20, 2021 Idaho Administrative Bulletin; comment deadline November 10, 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. | All IDAPA 58 temporary fee rule chapters, including the revisions negotiated under Docket No. 58-0109-2101, will be published as proposed rules in Omnibus Rulemaking Docket No. 58-0000-2100F in the October 20, 2021 Idaho Administrative Bulletin; comment deadline November 10, 2021. |
| Omnibus | Omnibus Rulemaking: Docket No. 58-0000-2100F – Pending Fee Rule 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. | Pending fee rules approved by the Idaho Legislature (SCR125). Final rules effective March 24, 2022. |
| Omnibus | Omnibus 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. | No additional negotiated rulemaking meetings are scheduled. In 2022, revisions negotiated under this docket will be included in the proposed rule publication of Zero-Based Regulation Docket No. 58-0101-2101. |
| Air Quality IDAPA 58.01.01 | Air Quality: Docket No. 58-0101-1901 – Negotiated Rulemaking Rulemaking initiated to update the rules applicable to prescribed fire to ensure that smoke from this type of burning is properly managed and public health is protected. | Negotiated rulemaking meeting October 25, 2023. DEQ and IDL together will present the draft interagency smoke management program for prescribed fire. Use this link to view the materials the agencies have developed to share the proposed smoke management plan. Stakeholders are encouraged to review this material prior to the October 25, 2023, meeting. |
| 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. | Rule package submitted to EPA for approval on December 1, 2021. Approved on February 1, 2022. Pending rule revisions included in Omnibus Docket No. 58-0000-2100. |
| 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 This rulemaking was initiated to update Idaho’s human health criteria for arsenic. Negotiated under Docket No. 58-0102-1801 and proposed under Docket No. 58-0102-2201 . | Proposed rule published in the March 2, 2022 Idaho Administrative Bulletin under Docket No. 58-0102-2201. Comment deadline April 1, 2022. |
| Water Quality IDAPA 58.01.02 | Water Quality: Docket No. 58-0102-1802 – Final Rule Rulemaking to adopt aquatic life criteria for acrolein, carbaryl, and diazinon, and to clarify description of recreational use | Rule package submitted to EPA for approval on January 20, 2022. |
| 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 revisions included in Omnibus Docket No. 58-0000-2100. |
| Drinking Water and Wastewater 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, were 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, were 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. |
| Drinking Water and Wastewater 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 revisions included in Omnibus Docket No. 58-0000-2100. |
| Disposal of Radioactive Materials IDAPA 58.01.10 | Disposal of Radioactive Materials: Docket No. 58-0110-2301 – 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 16, 2024 |