Omnibus Rulemaking: Docket No. 58-0000-2100

This proposed rulemaking publishes the rule chapters previously submitted to and reviewed by the Idaho Legislature under IDAPA 58, rules of the Department of Environmental Quality. The proposed rules are described and listed below.

On May 20, 2021, the Idaho Board of Environmental Quality (Board) adopted, as temporary rules effective July 1, 2021, the existing and previously approved codified IDAPA 58 rule chapters. This action included the revisions in Docket Nos. 58-0102-2001, 58-0103-1901, and 58-0122-1901 adopted by the Board as pending rule dockets in 2020 and submitted to the First Regular Session of the 66th Idaho Legislature for review (2021 session). The pending rule dockets are posted in the 2021 Legislative Rules Review Books for the Senate Resources & Environment and House Environment, Energy & Technology Committees. This proposed rule docket includes the temporary rules adopted by the Board in May 2021.  

This docket also includes zero-based regulation (ZBR) review chapter IDAPA 58.01.23. Revisions were negotiated in compliance with Executive Order No. 2020-01, Zero-Based Regulation (EO 2020-01), issued by Governor Little on January 16, 2020.  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. 

IDAPA 58

IDAPA 58.01.02, Water Quality Standards
            ▪Including revisions in Docket No. 58-0102-2001 adopted by the Board as pending rules in 2020 and submitted to the Idaho Legislature for review in 2021

IDAPA 58.01.03, Subsurface Sewage Disposal Rules and Rules for Cleaning of Septic Tanks 
            ▪Including revisions in Docket No. 58-0103-1901 adopted by the Board as pending rules in 2020 and submitted to the Idaho Legislature for review in 2021

IDAPA 58.01.10, Rules Regulating the Disposal of Radioactive Materials Not Regulated Under the Atomic Energy Act of 1954, As Amended

IDAPA 58.01.16, Wastewater Rules

IDAPA 58.01.17, Recycled Water Rules

IDAPA 58.01.22, Rules for Administration of Planning Grants for Drinking Water and Wastewater Facilities
            ▪Including revisions in Docket No. 58-0122-1901 adopted by the Board as pending rules in 2020 and submitted to the Idaho Legislature for review in 2021

IDAPA 58.01.23, Contested Case Rules and Rules for Protection and Disclosure of Records
            ▪Including ZBR revisions negotiated under Docket Nos. 58-0123-2101 and 58-0121-2101.  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.”

IDAPA 58.01.24, Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites