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Rulemaking

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

CategoryDocket DescriptionStatus
Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-2301 – Negotiated Rulemaking
Rulemaking to be initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.
Scoping Meeting for Zero-Based Regulation Review of IDAPA 58.01.02, Water Quality Standards, was held on October 19, 2022
IPDES
IDAPA 58.01.25
IPDES: Docket No. 58-0125-2301 – Negotiated Rulemaking
Rulemaking to be initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.
Scoping Meeting for Zero-Based Regulation Review of IDAPA 58.01.25, Rules Regulating the Idaho Pollutant Discharge Elimination System Program, was held on October 19, 2022
Hazardous Waste
IDAPA 58.01.05
Hazardous Waste: Docket No. 58-0105-2201 – Pending Rule
Rulemaking initiated to update federal regulations incorporated by reference.
Pending rule adopted by Board on November 17, 2022. Final and effective upon adjournment of 2023 legislative session if approved by the Legislature.
Water Quality
IDAPA 58.01.02
Water Quality: Docket No. 58-0102-2201 – Pending Rule
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.
Pending rule adopted by the Board on May 26, 2022.  Final and effective upon adjournment of 2023 legislative session if approved by the Legislature.
Guidance development meeting February 14, 2023.
Recycled Water
IDAPA 58.01.17
Recycled Water: Docket No. 58-0117-2201 – 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, and addition of a new section, General Reuse Permits.
Pending rule adopted by Board on November 17, 2022. Final and effective upon adjournment of 2023 legislative session if approved by the Legislature.
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 –  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, and Title V fee rule revisions negotiated under Docket No. 58-0101-1902.
Pending rule adopted by Board on November 17, 2022. Final and effective upon adjournment of 2023 legislative session if approved by the Legislature.
OmnibusOmnibus 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. 58-0000-2100F 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. 

OmnibusOmnibus 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.
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.
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 burning to ensure that smoke from this type of burning is properly managed and public health is protected.
DEQ and IDL expect to begin sharing  outcomes of ongoing conversations which offer potential smoke management solutions with stakeholders later this year.
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.
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, 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 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 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 to be initiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020. DEQ will also negotiated revisions to the rule to incorporate a disposal threshold for wastes containing Technologically Enhanced Naturally Occurring Radioactive Material (TENORM).
Scoping Meeting was held January 18, 2023
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