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
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 March 21, 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 ReviewNegotiated 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.
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. 58-0000-2100 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. 

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 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 April 4, 2024
ver: 3.5.1 | last updated:
Jump back to top of page button