Protecting Public Health and the Environment.

DEQ Rulemakings

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In Idaho, rules are proposed by state departments, opened for public comment, and in most agencies, reviewed by a board of citizens appointed by the governor. If approved by the board, the rules are then sent to the Legislature for review. If the Legislature does not act on the rules, they automatically take effect at the end of the legislative session. Legislative action is required, however, whenever a rule implements a new or revised fee. Rules are compiled in administrative code and people who do not follow the rules may be subject to enforcement actions. Rules specifically governing DEQ’s actions are contained in Chapter 58 of Idaho’s Administrative Code.

CategoryDocket DescriptionStatus
Air Quality
IDAPA 58.01.01		Air Quality: Docket No. 58-0101-1001 - Final Rule
Rulemaking initiated to address small scale crop residue burns. 		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12
Air Quality: Docket No. 58-0101-1003 - Final Rule
Rulemaking Initiated to Streamline Idaho’s Rules for Control of Kraft Pulp Mills		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Air Quality: Docket No. 58-0101-1101 - Final Rule
Incorporate by Reference the final rule for Prevention of Significant Deterioration (PSD) for Particulate Matter Less than 2.5 Micrometers (PM2.5 Rule).		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Air Quality: Docket No. 58-0101-1102 - Final Rule
Repeal of Electric Generating Unit Construction Prohibition.		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Air Quality: Docket No. 58-0101-1103 - Final Rule
Update of federal regulations incorporated by reference.		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Air Quality: Docket No. 58-0101-1202 - Rule Recommended for Temporary Adoption
Rulemaking to revise the minimum standards for the motor vehicle inspection and maintenance program by allowing the governing authority to grant extensions for meeting emission testing requirements and eliminating the test and repair restrictions on licensed inspection stations.		May 3, 2012 Board meeting: Consideration of rule for adoption as a temporary rule.
Air Quality: Docket No. 58-0101-1201 - Negotiated Rulemaking
Rulemaking to make various “housekeeping” revisions such as updates for consistency with federal regulations, clarification, and typographical corrections to certain air quality permitting rule sections, related definitions, and the toxic air pollutant sections.		Negotiated rulemaking meeting scheduled for April 4, 2012.
Water Quality
IDAPA 58.01.02		Water Quality: Docket No. 58-0102-1001 - Final Rule
Antidegradation implementation procedures.		Pending rule adopted by Board and reviewed by Legislature. The rule was modified by HB153 and HCR16 prior to legislative approval. Final and effective 3/18/11.
Water Quality: Docket No 58-0102-1101 - Final Rule
Rulemaking to revise two sections addressing temperature: 1) the thermal treatment requirements which limit the rise in water temperature due to wastewater treatment plants, and 2) site-specific criteria for water temperature to protect salmonid spawning.		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Water Quality: Docket No. 58-0102-1102 - Final Rule
Rulemaking initiated to include a site specific temperature criterion for the Snake River to protect fall spawning of Chinook salmon from Hell’s Canyon Dam to the Salmon River.		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Water Quality: Docket No. 58-0102-1103 - Final Rule
Rulemaking initiated to make the language on implementation of antidegradation procedures in Idaho’s water quality standards consistent with changes in state law brought about by the 2011 Legislature’s passage of House Bill 153.		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Individual/Subsurface Sewage Disposal
IDAPA 58.01.03		No posted activity at this time.
Wastewater Facility Grants
IDAPA 58.01.04		Wastewater Facility Grants: Docket No. 58-0104-1001 - Final Rule
Rulemaking to revise the priority rating criteria to closely match the Clean Water State Revolving Fund loan criteria, address the need to reduce the obligation to conduct an environmental study in those cases in which a grant recipient will not immediately pursue federal aid for construction, and update the cost eligibility criteria to achieve consistency.		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Hazardous Waste
IDAPA 58.01.05		Hazardous Waste: Docket No. 58-0105-1101 - Final Rule
Update of federal regulations incorporated by reference.		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Solid Waste Management
IDAPA 58.01.06		Solid Waste Management: Docket No. 58-0106-1101 - Negotiated Rulemaking (Vacated)
Rulemaking initiated to establish a permit-by-rule program for composting facilities meeting certain requirements. 		Negotiated rulemaking meetings were held September 28 and October 19, 2011. This rule docket has been vacated. Issues regarding composting facilities will be addressed through the development of guidance.
Underground Storage Tank Systems
IDAPA 58.01.07		No posted activity at this time.
Public Drinking Water Systems
IDAPA 58.01.08		Public Drinking Water Systems: Docket No. 58-0108-1101 - Proposed Rule
Rulemaking initiated to define terminology and to establish consistent requirements for new water treatment technologies such as membrane filtration and ultra violet (UV) disinfection.		Proposed rule open for public comment May 2 through May 30, 2012.
Swine Facilities
IDAPA 58.01.09		Swine and Poultry Facilities: Docket No. 58-0109-1101 - Final Rule
Rulemaking initiated to implement House Bill 206 (2011), wherein the Idaho Legislature placed the responsibility and oversight of current and future poultry operations with the Idaho State Department of Agriculture.		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Disposal of Radioactive Materials Not Regulated Under the Atomic Energy Act
IDAPA 58.01.10		Disposal of Radioactive Material: Docket No. 58-0110-1101 - Final Rule
Rulemaking to revise certain definitions as necessary for consistency with House Bill 93.		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Gound Water
IDAPA 58.01.11		No posted activity at this time.
Water Pollution Control Loans
IDAPA 58.01.12		Water Pollution Control Loans: Docket No. 58-0112-1001 - Final Rule
Rulemaking to make the necessary revisions for consistency with the recent changes to the Clean Water State Revolving Fund. 		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Ore Processing by Cyanidation
IDAPA 58.01.13		No posted activity at this time.
Fees for Environmental Operating Permits, Licenses, and Inspection Services
IDAPA 58.01.14		No posted activity at this time.
Cleaning of Septic Tanks
IDAPA 58.01.15		No posted activity at this time.
Wastewater
IDAPA 58.01.16		No posted activity at this time.
Recycled Water Rules
IDAPA 58.01.17		No posted activity at this time.
Idaho Land Remediation
IDAPA 58.01.18		No posted activity at this time.
Small Communities Improvement Program
IDAPA 58.01.19		No posted activity at this time.
Drinking Water Loan Program
IDAPA 58.01.20		Drinking Water Loan Program: Docket No. 58-0120-1001 - Final Rule
Rulemaking to make the necessary revisions for consistency with the recent changes to the Drinking Water State Revolving Fund.		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Protection and Disclosure of Records in the Possession of DEQ
IDAPA 58.01.21		No posted activity at this time.
Drinking Water Facility Planning Grants
IDAPA 58.01.22		Drinking Water Facility Planning Grants: Docket No. 58-0122-1001 - Final Rule
Rulemaking to revise the priority rating criteria to closely match the Drinking Water State Revolving Fund loan criteria, address the need to reduce the obligation to conduct an environmental study in those cases in which a grant recipient will not immediately pursue federal aid for construction, and update the cost eligibility criteria to achieve consistency.		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.
Administrative Procedure Before the Board of Environmental Quality
IDAPA 58.01.23		No posted activity at this time.
Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites
IDAPA 58.01.24		Risk-Based Corrective Action at Petroleum Release Sites: Docket No. 58-0124-1101 - Final Rule
Rulemaking initiated to update portions of the rule that are pertinent to evaluation of petroleum release sites in order to promote consistent corrective action decision-making.		Pending Rule adopted by Board and approved by Legislature. Final and effective 3/29/12.