'..
 

STATE OF IDAHO 

OFFICE OF THE ATIORNEY GENERAL 

LARRY ECHOHAWK ATIORNEY GENERAL BOISE 83720·1000 TELEPHONE 

(208) 334·2400 

TELECOPIER 

(208) 334·2530 

REVISION ATTORNEY GENERAL'S STATEMENT FOR FINAL 

AUTHORIZATION FOR CHANGES TO THE FEDERAL 

RCRA PROGRAM FROM JULY 1987 THROUGH 

JUNE 1990 

NATURAL RESOURCES 

TELECOPIER 

(208\ 334·2690 

I hereby certify, pursuant to my authority as Attorney General and in accordance with Section 3006(b) of the 

Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984 

(42 USC 6901 et seq.), and 40 CFR 271 that in my opinion the laws of the State of Idaho provide adequate 

authority to carry out the revised program set forth in the revised "Proqram Description" submitted by the Idaho 

Department of Health and Welfare. The specific authorities provided are contained in statutes or regulations 

lawfUlly adopted and effective at the time this Statement is signed. This certification amends and supplements Part 

2 and deletes Part 3 of the Attorney General's Statement dated July 5, 1988 (as amended by letter dated July 3. 

1989). 

PART 2 

I. IDENTIFICATION AND LISTING 

A. State statutes and regulations contain lists of hazardous waste which encompass all wastes controlled 

under the following Federal regulations as indicated in the designated Revision Checklists: 

[Items (1) - (6) remain unchanged.] 

(7)	 Listing of spent pickle liquor from steel finishing operations. 40 CFR 261.32, as amended May 28. 

1986 [51 Fed. Reg. 19,320] and September 22, 1986 [51 Fed. Reg. 33,612], Revision Checklist 26. 

(8)	 listing of commercial chemical products and Appendix VIII constituents, 40 CFR 261.33 and Part 261 

Appendix VIII, as amended August 6. 1986 [51 Fed. Reg. 28,296], Revision Checklist 29; as amended 

July 10. 1987 [52 Fed. Reg. 26.012]. Revision Checklist 41; and as amended April 22, 1988 [53 Fed. 

Reg. 13,382]. Revision Checklist 46. 

(9)	 EBDC wastes, 40 CFR 261.32 and Part 261 Appendices III and VII, as amended on October 24, 1986 

[51 Fed. Reg. 37,725]. Revision Checklist 33. ' 

(10)	 Listing of spent potliners from aluminum reduction (K088), 40 CFR 261.32 and Part 261 Appendix VII. 

as amended September 13, 1988 [53 Fed. Reg. 35,412], Revision Checklist 53. 

(11)	 Generic delisting of iron dextran (CAS No. 9004-66-4), 40 CFR 261.33(f) and Part 261 Appendix VIII. 

as amended October 31, 1988 [53 Fed. Reg. 43,878], Revision Checklist 56. 

e	 Attorney General's Statement 

Page 2 - 1
 

REVISED November 1991
 
(12)	 Generic delisting of strontium sulfide (CAS No. 1314-96-1), 40 CFR 261.33(e) and Part 261 Appendix 

VIII, as amended October 31, 1988 [53 Fed. Reg. 43,881], Revision Checklist 57. 

(13)	 Listing of two wastes (K131 and K132) generated during the production of methyl bromide, 40 CFR 

261.32 and 261 Appendices III and VII, as amended October 6, 1989 [54 Fed. Reg. 41,402], Revision 

Checklist 68. 

(14)	 Listing of one generic category (F025) of waste generated during the manufacture of chlorinated 

aliphatic hydrocarbons by free radical catalyzed processes and amending F024, 40 CFR 261.31 and 

. 261 Appendix VII; adding one toxicant to 261 Appendix VIII; as amended December 11,1989 [54 Fed. 

Reg. 50,968], Revision Checklist 69. 

(15)	 Amendment to the F019 hazardous waste listing to exclude wastewater treatment sludges from 

zirconium phosphating In aluminum can washing. when such phosphating is an exclusive conversion 

coating process, 40 CFR 261.31. as amended February 14. 1990 [55 Fed. Reg. 5.340], Revision 

Checklist 72. 

(16)	 Listing of four wastes (Kl07-Kll0) generated during the production of t.t-dlmethythydrazlne (UDMH) 

from carboxylic acid hydrazldes, 40 CFR 261.31 and Part 261 Appendices III and VII, as amended 

May 2. 1990 [55 Fed. Reg. 18,496]. Revision Checklist 75. 

(17)	 Listing of multi-source waste (F039). 40 CFR 261.31 and Part 261 Appendix VII, as amended June 1. 

1990 [55 Fed. Reg. 22.520], Revision Checklist 78. 

Federal Authority: RCRA § 3001 (b). 

Idaho Code §§ 39-4403(7) and 4407(2). 

IDAPA § 16.01.5005 (261). 

B. State statutes and regulations define hazardous waste so as to control the generation. transportation. e treatment, storage and disposal of hazardous waste produced by small quantity generators of between 100 and 

1000 kilograms/month as indicated in Revision Checklist 23 (which supersedes prior amendments by Revision 

Checklist 17 A) and Revision Checklist 47 (providing technical corrections to Checklist 23). State statutes and 

regulations also require small quantity generators to certify good faith efforts to minimize waste generation and to 

select the best available and affordable treatment. storage or disposal alternatives, 40 CFR Part 262 as amended 

October 1,1986 [51 Fed. Reg. 35.190], Revision Checklist 32 (see Section IX below). 

Federal Authority: RCRA § 3001 (d); 40 CFR Parts 260-263 and 270 as amended March 24, 1986 (51 Fed. Reg. 

10,146). October 1, 1986 (51 Fed. Reg. 35.190). and July 19, 1988 (53 Fed. Reg. 27,162). 

Idaho Code §j 39-4403(6) and (7). 4404, 4405(2). 4406(1). and 4407. 

IDAPA	 §§ 16.01.5004 (260). 5005 (261). 5006 (262), 5007 (263). and 5012 (270). 

C. State statutes and regulations provide authority to delist hazardous waste as indicated in Revision 

Checklist 17 B. 

(1)	 State statutes and regulations require that before deciding to delist a waste. the State must consider 

whether any listing factor (inclUding additional constituents) other than those for which the waste was 

listed would cause the waste to be hazardous. 

Federal Authority: RCRA § 3001 (f)(1); 40 CFR 260.22 as amended July 15, 1985 (50 Fed. Reg. 28.702) and June 

27. 1989 (54 Fed. Reg. 27,114). 

Idaho Code §§ 39-4404, 4405(1) and (2),4406(1). and 4407. 

Attorney General's Statement
 

Page 2 - 2
 

REVISED November 1991
 
IDAPA § 16.01.5004 (260.22).
 

(Items C(2) and Subsections 0 - G remain unchanged.]
 

e H. State statutes and regulations exempt (with certain limitations) waste samples used in small scale 

treatability studies from Subtitle C regulation as indicated in Revision Checklist 49. 

Federal Authority: RCRA § 3001; 40 CFR 260.10 and 261.4(e)&(f) as amended July 19, 1988 (53 Fed. Reg.
 

27,290).
 

Idaho Code §§ 39-4404, 4405, 4007, and 4409(1).
 

IDAPA §§ 16.01.5004 (260.10) and 5005 (261.4(e)&(f).
 

I. State statutes and regulations exclude from the mining waste exemption the six wastes listed at 40 CFR 

261.4(b)(7)(i) through 261.4(b)(7)(vi), as indicated in Revision Checklist 53. 

Federal Authority: RCRA § 3001(b); 40 CFR 261.4(b)(7) as amended September 13,1988 (53 Fed. Reg. 35,412). 

Idaho Code §§ 39-4403(7), 4404, and 4407(2).
 

IDAPA § 16.01.5005 (261.4(b)(7».
 

J. State statutes and regulations that: 

1.	 provide final criteria to define Bevill-excluded mineral processing wastes, finalize the Bevill 

status of nine mineral processing waste streams, and list those mineral processing wastes 

subject to conditional retention as indicated in Revision Checklist 65. 

Federal Authority: RCRA § 3001(b); 40 CFR 261.3 and 261.4 as amended September 1,1989 (54 Fed. Reg. 

36,592). 

e Idaho Code §§ 39-4404, 4405(1), and 4407. 

IDAPA § 16.01.5005 (261.3 and 261.4). 

2.	 remove five conditionally retained mineral processing wastes from the exemption from 

hazardous waste regulation under the Bevill exclusion, and amend the definitions of 

"beneficiation" and "designated facility" as indicated in Revision Checklist 71. 

Federal Authority: RCRA § 3001(b)(3)(A)(ii); 40 CFR 260.10 and 261.4(b)(7) as amended January 23, 1990 (55 

Fed. Reg. 2,322). 

Idaho Code §§ 39-4404, 4405(1), and 4407. 

IDAPA §§ 16.01.5004 (260.10) and 5005 (261.4(b)(7». 

K. State statutes and regulations incorporate 47 new testing methods as approved methods for use in 

meeting the regulatory requirements under Subtitle C of RCRA as indicated in Revision Checklists 67 and 73. 

Federal Authority: RCRA §§ 3001, 3004, 3005, and 3006; 40 CFR 260.11 and Part 261 Appendix III as amended 

September 29, 1989 (54 Fed. Reg. 40,260) and March 9, 1990 (55 Fed. Reg. 8,948). 

Idaho Code §§ 39-4404, 4405, and 4407.
 

IDAPA §§ 16.01.5004 (260.11) and 5005 (Part 261 Appendix III).
 

Attorney General's Statement
 

Page 2 - 3
 

REVISED November 1991
 
L. State statutes and regulations revise the existing toxicity characteristic by replacing the Extraction 

Procedure (EP) leach test with the Toxicity Characteristic Leaching Procedure (TCLP) for identifying wastes that 

are defined as hazardous and subject to regulation under Subtitle C of RCRA as indicated in Revision Checklist 74. 

A State statutes and regulations add 25 organic chemicals and their regulatory levels to the list of toxic constituents 

.of concern as indicated in Revision Checklist 74. 

Federal Authority: RCRA §§ 1006, 2oo2(a), 3001, 3002, 3004, 3005 and 3006; 40 CFR Parts 261,264,265 and 268 

. as amended March 29,1990 (55 Fed. Reg. 11,798), and June 29,1990 (55 Fed. Reg. 26.986). 

Idaho Code §§ 39-4404, 4405, and 4407. 

IDAPA §§ 16.01.5005 (261), 5008 (264), 5009 (265), and 5011 (268). 

M. State statutes and regulations contain EPA promulgated regulations reflecting EPA's Intent and consistent 

interpretation of the criteria for listing wastes as hazardous under RCRA as indicated in Revision Checklist 76. 

Federal Authority: RCRA § 3001(a); 40 CFR 261.11(a)(3) as amended May 4, 1990 (55 Fed. Reg. 18,726). 

Idaho Code §§ 39-4404, 4405, and 4407.
 

IDAPA § 16.01.5005 (261.11 (a)(3».
 

N. State statutes and regulations add eight new testing methods related to air emission control to the section 

of regulations that incorporates these methods by reference as indicated in Revision Checklist 79. 

Federal Authority: RCRA §§ 3001, 3004, 3005 and 3006; 40 CFR 260.11 (a) as amended June 21, 1990 (55 Fed. 

Reg. 25,454). 

Idaho Code §§ 39-4404, 4405, and 4407. 

IDAPA § 16.01.5004 (260.11 (a». 

e [Sections II, III, IV, V, and VI remain unchanged.] 

VII. NATIONAL UNIFORM MANIFEST SYSTEM AND RECORDKEEPING
 

[Existing text remains unchanged as Subsection A.]
 

B. State statutes and regulations require that generators, of between 100 and 1000 kg/mo of hazardous 

waste, file an exception report in those instances where the generator does not receive confirmation of delivery of 

his hazardous,waste to the designated facility as indicated in Revision Checklist 42. 

Federal Authority: RCRA §§ 3001(d) and 3002(a)(5); 40 CFR Parts 262.42 and 262.44 as amended September 23, 

1987 (52 Fed. Reg. 35,894). 

Idaho Code §§ 39-4404, 4405(2), (3) and (6). 

IDAPA § 16.01.5006 (262.42 and 262.44). 

C. State statutes and regulations require that the follOWing be recorded, as it becomes available. and 

maintained in the operating record, until facility closure, as indicated in Revision Checklist 45: monitoring, testing 

or analytical data, corrective action where required by SUbpart F and §§ 264.226, 264.253. 264.254, 264.276, 

264.278.264.280,264.303,264.309,264.347, and 264.602. 

Federal Authority: RCRA §§ 3004 and 3005; 40 CFR 264.73(b) as amended December 10, 1987 (52 Fed. Reg. 

46,946). 

Attorney General's Statement
 

Page 2 - 4
 

REVISED November 1991
 
Idaho Code §§ 39-4404, 4405(2), (4) and (6), and 4409(3). 

elDAPA §§ 16.01.5008 (264.73(6). 

D. State statutes and regulations include a burden disclosure statement with each uniform manifest form and 

renew the use of this form as indicated in Revision Checklist 58.
 

Federal; Authority: RCRA §§ 2002, 3002, and 3003; 40 CFR 262.20 and Part 262 Appendix as amended November
 

8, 1988 (53 Fed. Reg. 45,089).
 

Idaho Code §§ 39-4404 and 4405(2), (4) and (6).
 

IDAPA § 16.01.5006 (262.30 and Part 262 Appendix).
 

[Sections VIII, IX, and X remain unchanged.]
 

XI. GROUND-WATER MONITORING
 

[Subsections A and B remain unchanged.]
 

C. State statutes and regulations provide that with regard to ground-water monitoring, all land based 

hazardous waste treatment, storage, and disposal facilities analyze for a specified core list (Part 264, Appendix IX) 

of chemicals pius those chemicals specified by the Regional Administrator on a site-specific basis as indicated in 

Revision Checklist 40. 

Federal Authority: RCRA §§ 1006, 2002(a), 3001, 3004, and 3005; 40 CFR Parts 264.98,264.99, Part 264 Appendix 

IX and 270.14 as amended July 9, 1987 (52 Fed. Reg. 25,942). 

Idaho Code §§ 39-4404, 4405(2), (4), and (6), and 4409(3). 

eIDAPA §§ 16.01.5008 (264.98, 264.99, Part 264 Appendix IX) and 5012 (270.14). 

D. State statutes and regulations specify statistical methods, sampling procedures, and performance 

standards that can be used in groundwater monitoring procedures to detect groundwater contamination at 

permit1ed hazardous waste facilities as indicated in Revision Checklist 55. 

Federal Authority: RCRA §§ 1006, 2002(a), 3004 and 3005; 40 CFR 264.91,264.92, 264.97, 264.98 and 264.99 as 

amended October 11, 1988 (53 Fed. Reg. 39,720). 

Idaho Code §j 39-4404, 4405(2), (4) and (6), and 4409(3). 

IDAPA § 16.01.5008 (264.91, 264.92, 264.97, 264.98, and 264.99). 

[Section XII remains unchanged.] 

XIII. CORRECTIVE ACTION 

A. State statutes and requlatlons contain the following corrective action requirements as indicated in Revision 

Checklist 17 L: 

(1) Corrective action is required for releases of hazardous waste or constituents from any solid waste 

management unit at a facility seeking a permit, regardless of when the waste was placed in the unit, in all permits 

issued after November 8, 1984. 

Attorney General's Statement
 

Page 2 - 5
 

REVISED November 1991
 
Federal Authority: RCRA § 3004(u); 40 CFR 264.90, 264.101, and 270.60 as amended July 15, 1985 (50 Fed. Reg.
 

28,702).
 

Idaho Code §§ 39-4404, 4406(1), and 4409(1), (3) and (5).
 

eIDAPA §§ 16.01.5008 (264.90, 264.101) and 5012 (270.60). 

(2) Corrective action is required beyond a facility's boundary, in accordance with RCRA § 3~04(v).
 

Federal Authority: RCRA § 3004(V)(1).
 

Idaho Code §§ 39-4404, 4405(2) and (4),4406(1), and 4409(1), (3), (4) and (5).
 

(3) Corrective action is required beyond a facility's boundary in accordance with RCRA § 3004(v) for all 

landfills, surface lrnpoundrnents and waste pile units (inclUding any new units, replacements of existing units or 

lateral expansions of existing units) which receive hazardous waste after July 26, 1982. 

Federal Authority: RCRA § 3004(V)(2). 

Idaho Code §§ 39-4404, 4405(2) and (4), 4406(1), and 4409(1), (3), (4) and (5). 

(4) Evidence of financial responsibility is required for corrective action on- and off-site. 

Federal Authority: RCRA §§ 3004(a)(6); (u); 40 CFR 264.90 and 264.101 as amended July 15, 1985 (SO Fed. Reg.
 

28,702).
 

Idaho Code § 39-4409(3)(e).
 

IDAPA § 16.01.5008 (264.90 and 264.101).
 

B. State statutes and regulations provide for additional information and engineering feasibility plan 

A requirements regarding groundwater contamination detected at the time of Part B permit application as indicated 

.,in Revision Checklist 38. 

Federal Authority: RCRA §§ 3004 and 3005; 40 CFR 270.14 as amended June 22, 1987 (52 Fed. Reg. 23,447) and 

September 9, 1987 (52 Fed. Reg. 33,936). 

. Idaho Code §§ 39-4404, 4405(2) and (4), and 4409(3). 

IDAPA § 16.01.5012 (270.14). 

C. State statutes and regulations require owners and operators of facilities seeking permits to provide 

descriptive information on the solid waste rnanaqement units themselves and all available information pertaining to 

any releases from the units as indicated in Revision Checklist 44 A. 

Federal Authority: RCRA § 3004(u); 40 CFR 270.14 as amended December 1,1987 (52 Fed. Reg. 45,788).
 

Idaho Code §§ 39-4404, 4405(2), (4) and (6), and 4409(3).
 

IDAPA § 16.01.5012 (270.14).
 

D. State statutes and regulations require that owners and operators of hazardous waste treatment, storage 

and disposal facilities (including permit-by-rule facilities SUbject to 264.101) institute corrective action beyond the 

facility boundary to protect human health and the environment, unless the owner/operator is denied access to 

adjacent lands despite the owner/operator's best efforts, as indicated in Revision Checklist 44 B. 

Attorney General's Statement
 

Page 2 - 6
 

REVISED November 1991
 
Federal Authority: RCRA § 3004(v); 40 CFR 264.100(e) and 264.101(c),·as amended December 1, 1987 (52 Fed. 

Reg. 45,788). 

eIdaho Code §§ 39-4404, 4405(2) and (4), and 4409(3) and (5). 

IDAPA § 16.01.5008 (264.1oo(e) and 264.101(c)). 

E. Idaho law prohibits the underground injection of hazardous waste.
 

Idaho Code § 39-4423.
 

F. State statutes and regulations require that miscellaneous units comply with regulations (Subpart F) 

regarding releases from solid waste management units when necessary to comply with §§ 264.601 through 

264.603 as indicated in Revision Checklist 45.
 

Federal Authority: RCRA § 3004(u); 40 CFR 264.90(d) as amended December 10, 1987 (52 Fed. Reg. 46,946).
 

Idaho Code §§ 39-4404. 4405(2) and (4), and 4409(3) and (5).
 

IDAPA §§ 16.01.5008 (264.90(d)).
 

XIV. HAZARDOUS WASTE EXPORTS 

A. State statutes and regUlations require generators and transporters of hazardous waste destined for export 

outside the United States to comply with standards equivalent to those as indicated in Revision Checklists 17 R, 

31, and 48 (with the latter provldlnq technical corrections to Checklist 31). 

Federal Authority: RCRA § 3017; 40 CFR 262.50 as amended July 15. 1985 (50 Fed. Reg. 28,702), August 8, 1986 

(51 Fed. Reg. 28,664), and July 19, 1988 (53 Fed. Reg. 27,164). 

e Idaho Code §§ 39-4403(16), 4404. 4406(1), 4410, and 4411(3). 

IDAPA §§ 16.01.5006 (262.50). 

xv. STANDARDS FOR FACILITIES
 

[Subsections A through F remain unchanged.)
 

G. State statutes and regulations require compliance with closure/post-closure and financial responsibility 

requirements_applicable to owners and operators of hazardous waste treatment, storage and disposal facilities, as 

indicated in Revision Checklists 24, 36, and 45. 

Federal Authority: RCRA §§ 3004 and 3005; 40 CFR Parts 260,264,265, and 270 as amended May 2, 1986 (51 

Fed. Reg. 16,422), March 19, 1987 (52 Fed. Reg. 8,704) and December 10, 1987 (52 Fed. Reg. 46.946). 

Idaho Code §§ 39-4403(9), 4404, 4405(2) and (4), and 4409(1)-(3). 

IDAPA §§ 16.01.5004 (260), 5008 (264), 5009 (265), and 5012 (270). 

H. State statutes and regulations allow qualified companies that treat, store or dispose of hazardous waste to 

use a corporate guarantee to satisfy liability assurance requirements as indicated in Revision Checklists 27 and 43. 

Federal Authority: RCRA §§ 2002, 3004, and 3005; 40 CFR 264.147,264.151, and 265.147 as amended July 11, 

1986 (51.Fed. Reg. 25,350) and November 18, 1987 (52 Fed. Reg. 44,314). 

Attorney General's Statement
 

Page 2 - 7
 

REVISED November 1991
 
Idaho Code §§ 39-4403(9), 4404, 4405(2) and (4), and 4409(1)-(3). 

IDAPA §§ 16.01.5008 (264.147, 264.151) and 5009 (265.147). 

e I. State statutes and regulations require companies that generate, treat or store hazardous waste in tanks to 

comply with tank standards equivalent to those indicated in Revision Checklists 28 and 52.
 

Federal Authority: RCRA §§ 1006,2002,3001 - 3007,3010,3014,3017 - 3019 and 7004; 40 CFR Parts 260,261,
 

262,264, 265, and 270 as amended July 14, 1986 (51 Fed. Reg. 25,422), August 15, 1986 (51 Fed. Reg. 29,430)
 

and September 2, 1988 (53 Fed. Reg. 34,079).
 

Idaho Code §§ 39-4403(6), (15) and (18),4404, 4405(2) and (4),4408(1), and 4409(1)-(3).
 

IDAPA §§ 16.01.5004 (260), 5005 (261), 5006 (262), 5008 (264), 5009 (265) and 5012 (270).
 

J. State statutes and requtatlons require environmental performance standards; monitoring" testing, analytical 

data, inspection, response and reporting procedures; and post-closure care for miscellaneous units as indicated in 

Revision Checklist 45. 

Federal Authority: RCRA §§ 3004 and 3005; 40 CFR 264.600, 264.601, 264.602, and 264.603 as amended
 

December 10, 1987 (52 Fed. Reg. 46,946).
 

Idaho Code §§ 39-4404, 4405(2), (4), and (6), and 4409(1)-(3). 

IDAPA §§ 16.01.5008 (264.600, 264.601, 264.602, and 264.603). 

K. State statutes and regulations allow owners and operators of landfills, surface impoundments, or land 

treatment units, under limited circumstances, to remain open after the final receipt of hazardous wastes in order to 

receive non-hazardous wastes in that unit as indicated in Revision Checklist 64. 

Federal Authority: RCRA §§ 1006, 2002(a), 3004, 3005 and 3006; 40 CFR 264.13, 264.112, 264.113, 264.142, 

_265.13,265.112,265.113,265.142 and Appendix I to 270.42 as amended August 14,1989 (54 Fed. Reg. 33,376). 

Idaho Code §§ 39-4404, 4405(2) and (4), and 4409(1)-(3). 

IDAPA §§ 16.01.5008 (264.13, 264.112, 264.113, 264.142), 5009 (265.13, 265.112, 265.113, 265.142), and 5012 

(Appendix I to 270.42). 

L State statutes and requlatlons require new and existing hazardous waste treatment, storage or disposal 

facilities to control organic air emissions from process vents and equipment leaks as indicated in Revision 

Checklist 79. 

Federal Authority: RCRA §§ 1006,2002,3001-3007,3010,3014 and 7004; 40 CFR Parts 261,264,265 and 270 as 

amended June 21, 1990 (55 Fed. Reg. 25,454). ' 

Idaho Code §§ 39-4404, 4405(2) and (4), and 4409. 

IDAPA §§ 16.01.5005 (261), 5008 (264), 5009 (265), and 5012 (270). 

XVI. REQUIREMENTS FOR PERMITS
 

[SUbsections A through J remain unchanged.]
 

K. State statutes and regulations allow the permit granting agency to initiate modifications to a permit without 

first receiving a request from the permittee, in cases where statutory changes, new or amended regulatory 

standards or judicial decisions affect the basis of the permit as indicated in Revision Checklist 44 D. 

Attorney General's Statement
 

Page 2 - 8
 

REVISED November 1991
 
Federal Authority: RCRA § 3005(c); 40 CFR 270.41 (a)(3) as amended December 1,1987 (52 Fed. Reg. 45,788). 

_Idaho Code §§ 39-4404, 4405(2) and (4), and 4409(1) and (3). 

IDAPA § 16.01.5012 (270.41 (a)(3)). 

L State statutes and requlations require that permittees must comply with new requirements imposed by the 

land disposal restrictions promulgated under Part 268 even when there are contrary permit conditions, as
 

indicated in Revision Checklist 44 E.
 

Federal Authority: RCRA § 3006(g); 40 CFR 270.4(a) as amended December 1, 1987 (52 Fed. Reg. 45,788).
 

Idaho Code §§ 39-4404, 4405(2) and (4), and 4409(1) and (3).
 

IDAPA § 16.01.5012 (270.4(a)).
 

M. State statutes and regulations require information from permit applicants concerning permit conditions 

necessary to protect human health and the environment as indicated iri Revision Checklist 44 F. 

Federal Authority: RCRA § 3005(c); 40 CFR 270.10 as amended December 1,1987 (52 Fed. Reg. 45,788). 

Idaho Code §§ 39-4404, 4405(2), (4), and (6), and 4409(1) and (3).
 

IDAPA § 16.01.5012 (270.10).
 

N. State statutes and regulations require post-closure permits for all landfills, surface impoundments, waste 

piles and land treatment units receiving hazardous waste after July 26, 1982 as indicated in Revision Checklist 44 

G. 

Federal Authority: RCRA § 3005(i); 40 CFR 270.1(c) as amended December 1, 1987 (52 Fed. Reg. 45,788). 

eIdaho Code §§ 39-4404,'4405(2) and (4), and 4409(1) a~ (3). 

IDAPA § 16.01.5012 (270.1 (c)). 

O. State statutes and regulations require that all owners and operators of units that treat, store. or dispose of 

hazardous waste in miscellaneous units must comply with the general application requirements (including Part A 

permit requirements), the Part B general application requirements of § 270.14, and specific Part Binformation 

requirements for miscellaneous units as indicated in Revision Checklists 45 and 59. 

Federal Autho.rity: RCRA §§ 3004 and 3005; 40 CFR 264.600,270.14 and 270.23 as amended December 10.1987 

(52 Fed. Reg. 46,946) and January 9, 1989 (54 Fed. Reg. 615). 

Idaho Code §§ 39-4404, 4405(2) and (4), and 4409(1) and (3). 

IDAPA §§ 16.01.5008 (264.600) and 5012 (270.14 and 270.23). 

P. State statutes and requlatlons provide owners and operators more flexibility to change specified permit 

conditions, to expand public notification and participation opportunities, and allow for expedited approval if no 

public concern exists for a proposed permit modification. Ownerjoperator permit modifications are categorized 

into three classes with administrative procedures for approving modifications established in each class. These 

changes are as indicated in Revision Checklist 54. 

Federal Authority: RCRA §§ 2002(a), 3004, 3005, and 3006; 40 CFR Parts 124, 264, 265, and 270 as amended 

September 28,1988 (53 Fed. Reg. 37,912) and October 24,1988 (53 Fed. Reg. 41,649). 

Attorney General's Statement
 

Page 2 - 9
 

REVISED November 1991
 
Idaho Code §§ 39-4404, 4405(2) and (4), and 4409(1) and (3). 

IDAPA §§ 16.01.5008 (264), 5009 (265), 5012 (270), and 5013 (124). 

e Q. State statutes and regulations make it clear that exlstinq incinerator facilities must either conduct a trial 

burn or submit other information as specified in 270.19(a) or (c) before a permit can be issued for that facility as
 

indicated in Revision. Checklist 60.
 

Federal Authority: RCRA § 3005(b); 40 CFR Part 270 as amended January 30, 1989 [54 Fed. Reg. 4,286).
 

Idaho Code §§ 39-4404, 4405(2) and (4), and 4409(1) and (3).
 

IDAPA § 16.01.5012 (270).
 

R. State statutes and regulations allow greater flexibility to interim status facilities to make changes during 

interim status following Director approval as indicated in Revision Checklist 61.
 

Federal Authority: RCRA §§ 2002(a), 3004, 3005 and 3006; 40 CFR 270.72 as amended March 7, 1989 (54 Fed.
 

Reg. 9,596).
 

Idaho Code §§ 39-4404, 4405(2) and (4), and 4409(1) and (3).
 

IDAPA §§ 16.01.5012 and 5013 (270.72).
 

S. State statutes and regulations lift the reconstruction limit for changes: 1) to certain interim status units 

necessary to comply with Federal, State, or local requirements, 2) necessary to allow continued handling of newly 

listed or identified hazardous waste, 3) made in accordance with an approved closure plan, and 4) made pursuant 

to a corrective action order as indicated in Revision Checklist 61. 

Federal Authority: RCRA §§ 2002(a), 3004, 3005, and 3006; 40 CFR 270.72 as amended March 7, 1989 (54 Fed. 

Reg. 9,596). 

e Idaho Code §§ 39-4404, 4405(2) and (4), and 4409(1) and (3). 

IDAPA §§ 16.01.5012 (270.72). 

T. State statutes and regulations that clarify that a permit can be denied for the active life of a facility while a 

decision on post closure permitting is pending as indicated in Revision Checklist 61. 

Federal Authority: RCRA §§ 2002(a), 3004, 3005, and 3006; 40 CFR 124.1, 124.15, 124.19,270.1,270.10 and 

270.29 as amended March 7, 1989 (54 Fed. Reg. 9,596).
 

Idaho Code §§ 39-4404, 4405(2) and (4), and 4409(1) and (3).
 

IDAPA §§ 16.01.5012 (270.1, 270.10 and 270.29) and 5013 (124.1, 124.15, 124.19).
 

U. State statutes and regulations that classify as Class 1 certain permit modifications requested by 

owners/operators necessary to enable permitted facilities to comply with the land disposal restrictions as indicated 

in Revision Checklist 61. Specifically these modifications include 1) adding restricted wastes treated to meet 

applicable 40 CFR Part 268 treatment standards or adding residues from treating "soft hammer" wastes, 2) adding 

certain wastewater treatment residues and incinerator ash, 3) adding new wastes for treatment in tanks or 

containers under certain limited conditions, and 4) adding new treatment processes, necessary to treat restricted 

wastes to meet treatment standards, that take place in tanks or containers. 

Federal Authority: RCRA §§ 2002(a), 3004,3005 and 3006; 40 CFR 270.42 as amended March 7, 1989 (54 Fed. 

Reg. 9,596). 

Attorney General's Statement
 

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REVISED November 1991
 
Idaho Code §§ 39-4404, 4405(2) and (4), and 4409(1) and (3). 

IDAPA § 16.01.5012 (270.42). 

e V. State statutes and regulations revise 40 CFR Part 124 as indicated in Revision Checklist 70. 

Federal Authority: RCRA §§ 6901 and 6902; 40 CFR 124.3, 124.5, 124.6, 124.10 and 124.12 as amended April 1, 

1983 (48 Fed. Reg. 14,146), June 30,1983 (48 Fed. Reg. 30,113). July 26,1988 (53 Fed. Reg. 28,118), September 

26, 1988 (53 Fed. Reg. 37,396) and January 4, 1989 (54 Fed. Reg. 246). 

Idaho Code § 39-4409. 

IDAPA § 16.01.5013 (124.3, 124.5, 124.6, 124.10 and 124.12). 

[Sections XVII and XVIII remain unchanged.] 

XIX. AVAILABILITY OF INFORMATION 

A. State statutes and regulations provide that: 

(1) All records shall be available to the public in substantially the same manner and to the same degree as 

would be the case under the disclosure requirements and exemptions of the Federal FOIA, 5 U.S.C. 552; 

Idaho Code §§ 9-338, 340 and 39-4411(3). 

(2) All nonexempt records will be available to the public upon request regardless of whether any justification 

or need for such records has been shown by the requestor; 

Idaho Code § 9-338(4). 

e (3) The same types of records would be available to the public from the State as would be available from 

EPA; and,
 

Idaho Code §§ 9-338. 340, 344(2), and 39-4411(3).
 

(4) Information is provided to the public in substantially the same manner as EPA as indicated in 40 CFR Part 

2 and the Revision Checklist in Appendix N of the State Authorization Manual. 

Idaho Code §§ 9-337(10) and (11),338(1) and (5), 339(1) (4), 343 and 344(2). 

(5) Confidential business records are protected to the same degree as indicted in 40 CFR Part 2 and 

Revision Checklist in Appendix N of the State Authorization Manual. 

Idaho Code §§ 39-4411 (3) and 9-340(2).
 

Federal Authority: RCRA § 3006(f); 40 CFR 271.17(c).
 

[Section XX remains unchanged.] 

XXI. LAND DISPOSAL RESTRICTIONS 

A. State statutes and regulations provide for the restrictions of the land disposal of certain spent solvents and 

dioxin-containing hazardous wastes as indicated in Revision Checklists 34, 39. and 50. 

Attorney General's Statement
 

Page 2 - 11
 

REVISED November 1991
 
Federal Authority: § 3004(d)-(k) and (m); 40 CFR Parts 260,261,262,263,264,265,268 and 270 as amended on 

November 7, 1986 (51 Fed. Reg. 40,572), June 4, 1987 (52 Fed. Reg. 21,010), July 8, 1987 (52 Fed. Reg. 25,760), 

and August 17, 1988 (53 Fed. Reg. 31,138). 

eIdaho Cod~ '§§ 39-4403(15), 4404, 4405, 4408(4) and 4423. 

IDAPA §§ 16.01.5004 (260), S005 (261) 5006 (262), 5007 (263), 5008 (264), 5009 (265), 5011 (268), and 5012 (270). 

B. State statutes and regulations for restricting the disposal of certain California list wastes, including liquid 

hazardous waste containing polychlorinated biphenyls (PCBs) above specified concentrations, and hazardous 

waste containing halogenated organic compounds (HOCs) above specified concentrations as indicated in Revision 

Checldlsts 39, 50, and 66. 

Federal Authority: RCRA § 3004(d)-(k) and (m); 40 CFR Parts 262, 264, 265, 268 and 270 as amended on July 8, 

1987 (52 Fed. Reg. 25,760), October 27,1987 (52 Fed. Reg. 41,295), August 17,1988 (53 Fed. Reg. 31,138), and 

September 6, 1989 (54 Fed. Reg. 36,967). 

Idaho Code §§ 39-4403(15), 4404, 4405, 4408(4) and 4423. 

IDAPA §§ 16.01.5006 (262), 5008 (264), 5009 (265), 5011 (268), and 5012 (270). 

C. State statutes and regulations for specific treatment standards and effective dates for certain wastes from 

the "First Third" of the schedule of restricted wastes listed in 40 CFR 268.10 as well as land disposal restrictions for 

those First Third wastes for which a treatment standard is not established as indicated in Revision Checklists 50, 

62 and 66. 

Federal Authority: RCRA § 3004 (d)-(k) and (m); 40 CFR Parts 264, 265, 266, and 268 as amended on August 17, 

1988 (53 Fed. Reg. 31,138), February 27,1989 (54 Fed. Reg. 8,264), May 2,1989 (54 Fed. Reg. 18,836), 

September 6, 1989 (54 Fed. Reg. 36,967) and June 13, 1990 (55 Fed. Reg. 23,935). 

e Idaho Code §§ 39-4403(15), 4404, 4405, 4408(4), and 4423. 

IDAPA §§ 16.01.5008 (264), 5009 (265), 5010 (266), and 5011 (268). 

D. State statutes and regulations for certain treatment standards and prohibition effective dates for certain 

Second Third wastes and for imposing the "soft hammer" provisions of 40 CFR 268.8 on Second Third wastes for 

which the Agency is not establishing treatment standards as indicated in Revision Checklist 63. 

Federal Authority: RCRA § 3004(d)-(k) and (m); 40 CFR Part 268 as amended June 23, 1989 (54 Fed. Reg. 

26,594). 

Idaho Code §§ 39-4403(15). 4404, 4405, 4408(4), and 4423. 

IDAPA § 16.01.5011 (268). 

E. State statutes and regulations for treatment standards and effective dates for certain First Third "soft 

hammer" wastes as well as for certain wastes originally contained in the Third Third of the Schedule as indicated in 

Revision Checklist 63. 

Federal Authority: RCRA § 3004(d)-(k) and (m); 40 CFR Parts 264, 265 and 268 as amended June 23, 1989 (54 

Fed. Reg. 26,594). . 

Idaho Code §§ 39-4403(15), 4404, 4405, 4408(4), and 4423. 

IDAPA § 16.01.5008 (264), 5009 (264), 5011 (268). 

Attorney General's Statement
 

Page 2 - 12
 

REVISED November 1991
 
F. State statutes and regulations provide specific treatment standards and effective dates for the "Third Third" 

wastes, "soft hammer" First and Second Third wastes, five newly listed wastes, certain mixed 

radioactive/hazardous wastes, characteristic wastes, and multi-source leachate, as well as establish revised 

treatment standards for petroleum refining hazardous wastes (K048-K052) as indicated in Revision Checklist 78. 

e Federal Authority: RCRA §§ 3001 and 3004 (d)-(k) and (m); 40 CFR 261, 262, 264, 265, 268, and 270 as amended 

June 1, 1990 (55 Fed. Reg. 22,520). . 

Idaho Code §§ 39-4403(15), 4404, 4405, 4408(4), and 4423. 

IDAPA §§ 16.01.5005 (261), 5006 (262), 5008 (264), 5009 (265), 5011 (268), and 5012 (270). 

G. State statutes and regulations provide for alternate treatment standards for lab packs meeting certain 

criteria as indicated in Revision Checklist 78. 

Federal Authority: RCRA § 3004(d)-(k) and (m); 40 CFR 264.316(f), 265.316(f), 268.7(a)(7), 268.7(a)(8), 268.42(c), 

268.42(c)(1)-(4), and Part 268 Appendices IV and V, as amended June 1, 1990 (55 Fed. Reg. 22,520). 

Idaho Code §§ 39-4403(15), 4404, 4405, 4408(4), and 4423. 

IDAPA §§ 16.01.5008 (264.316(f)), 5009 (265.316(f)), and 5011 (268.7(a)(7), 268.7(a)(8), 268.42(c), 268.42(C)(1)-(4), 

and Part 268 Appendices IV and V). 

[Sections XXII and XXII/ remain unchanged.] 

[Part 3 is deleted by this revision.] 

Dated this /3 day of Febru i 

~~~-

• Attorney General's Statement 

Page 2 - 13 

REVISED November 1991