Rulemaking

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

Category	Docket Description	Status
Hazardous Waste IDAPA 58.01.05	Hazardous Waste: Docket No. 58-0105-2201 – Proposed Rule Rulemaking initiated to update federal regulations incorporated by reference.	Proposed rule published in the September 7, 2022 Idaho Administrative Bulletin. Comment deadline September 28, 2022.
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.
Recycled Water IDAPA 58.01.17	Recycled Water: Docket No. 58-0117-2201 – Proposed 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.	Proposed rule published in the September 7, 2022 Idaho Administrative Bulletin. Comment deadline September 28, 2022.
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 – Proposed 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.	Proposed rule published in the September 7, 2022 Idaho Administrative Bulletin. Comment deadline October 11, 2022.
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. 58-0000-2100F 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.
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.	All IDAPA 58 temporary fee rule chapters, including the revisions negotiated under Docket No. 58-0105-2101, 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 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.
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, 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.
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.
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.	Rulemaking vacated. In April 2020, DEQ initiated this negotiated rulemaking pursuant to HB367. HB367 was signed into law on March 9, 2020, and created Idaho Code §§ 39-176A – 39-176F. HB367 directed DEQ to conduct rulemaking for the design and construction of new and lateral expansions of phosphogypsum stacks and phosphogypsum stack systems. During the 2021 legislative session, HB239 was signed into law on April 16, 2021. HB239 modified Idaho Code §§ 39-176A – 39-176F by adding certain design and construction requirements for phosphogypsum stack systems within the code sections that were being discussed through the negotiated rulemaking process. In addition, HB239 added a fee structure for DEQ review and approval of plans and associated documents and removed the directive for DEQ to conduct rulemaking in accordance with Idaho Code §§ 39-176A – 39-176F. Therefore, DEQ is vacating this rulemaking.
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.
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, 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.

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