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Contested Cases: 58-0123-2101

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

Status of Rulemaking

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.


DEQ initiated this rulemaking in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.  Pursuant to EO 2020-01, each rule chapter effective on June 30, 2020, shall be reviewed by the agency that promulgated the rule.  The review will be conducted according to a schedule established by the Division of Financial Management, Office of the Governor (DFM), posted at This is one of the DEQ rule chapters up for review in 2021.

The goal of the rulemaking is to perform a critical and comprehensive review of the entire chapter in an attempt to reduce overall regulatory burden, streamline various provisions, and increase clarity and ease of use. During review of IDAPA 58.01.23, Rules of Administrative Procedure Before the Board of Environmental Quality, DEQ determined that all but a couple of sections of IDAPA 58.01.21, Rules Governing the Protection and Disclosure of Records in the Possession of the Department of Environmental Quality, could be repealed as the procedures are located in Idaho Code § 74-114. As a result of negotiated rulemaking, the remaining sections of IDAPA 58.01.21 (016.02 and 017) were moved into IDAPA 58.01.23, and the chapter was renamed “Contested Case Rules and Rules for Protection and Disclosure of Records.”

Negotiated Rulemaking Meeting Schedule

No additional negotiated rulemaking meetings are scheduled.

Method for Participating and Submitting Comments

Those interested in participating in the negotiated rulemaking process are encouraged to attend the scheduled meeting via telephone and video conferencing. 

For those who cannot participate by attending the meeting, public comment opportunities will be made available throughout the rulemaking process. To sign up for meeting attendance or email notifications, contact Paula Wilson.

Submit all written comments by mail, fax or email to:

Paula Wilson
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481
Paula Wilson 

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Information pending

Negotiated Rule Documents and Meeting PresentationsDate PostedDate of MeetingWritten Comment Deadline

Negotiated Rule Draft No. 2 (track changes version)

Negotiated Rule Draft No. 2 (clean version revised)

IDAPA 58.01.21, Sections 016.02 and 017, are proposed for deletion in Docket No. 58-0121-2101 and have been moved into Docket No. 58-0123-2101, Negotiated Rule Draft No. 2. Both dockets 58-0121-2101 and 58-0123-2101 will be presented and discussed at the scheduled negotiated rulemaking meeting.


Preliminary Draft Rule (Draft No. 1) (track changes version)

Preliminary Draft Rule (Draft No. 1) (clean version – track changes accepted)

  • No comments received on negotiated rule documents.

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