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STATE OF IDAHO 

HAZARDOUS WASTE BASE 

PROGRAM REVISION 

FOR 

FINAL AUTHORIZATION OF THE 

CORRECTIVE ACTION COMPONENT 

PUBLIC REVIEW DOCUMENTS 
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INDEX TO TABS 

TAB 1 IMMEDIATE FINAL RULE FEDERAL REGISTER 

TAB 2 STATE OF IDAHO -- LETTER OF REQUEST FOR FINAL 

AUTHORIZATION OF CORRECTIVE ACTION COMPONENT 

FROM BASE ApPLICATION 

TAB 3 REVISED STATE/EPA MEMORANDUM OF AGREEMENT 

TAB 4 PROGRAM DESCRIPTION 

(JULY 1988) 

FROM BASE ApPLICATION 

TAB 5 ATTORNEY GENERAL STATEMENT FROM BASE 

ApPLICATION (JULY 1988 AMENDED JULY 1989) 

TAB 6 STATE HAZARDOUS WASTE REGULATIONS (JULY 1988) 

TAB 7 STATE STATUTES (1988) 

TAB 8 BACKGROUND FEDERAL REGISTERS: 

DECEMBER 6, 1990--CODIFICATION OF ApPROVED 

STATE HAZARDOUS WASTE PROGRAM FOR IDAHOIMMEDIATE FINAL RULE 

MARCH 26, 1990--FINAL AND INTERIM 

AUTHORIZATION OF STATE HAZARDOUS WASTE 

MANAGEMENT PROGRAM--FINAL DETERMINATION 

DECEMBER 22, 1989--FINAL AND INTERIM 

AUTHORIZATION OF STATE HAZARDOUS WASTE 

MANAGEMENT PROGRAM--TENTATIVE 

DETERMINATION 

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• u.s. ENVIRONMENTAL PROTECTION AGENCY
 

REGION 10
 

1200 SIXTH AVENUE
 

SEATTLE, WASHINGTON 98101 

NOTICE OF PUBLIC COMMENT PERIOD 

TO GRANT FINAL APPROVAL TO THE STATE OF IDAHO 

FOR ITS CORRECTIVE ACTION COMPONENT OF ITS 

HAZARDOUS WASTE PROGRAM 

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SUMMARY: The State of Idaho has applied for final authorization 

for its corrective action component of its hazardous waste program 

pursuant to section 3006 (b) of the Resource' Conservation and 

Recovery Act (RCRA), 42 U.S.C. 6926(b). Previously, EPA granted 

interim authorization effective April 9, 1990, (see 55 FR- 11015 

dated March 26,1990), for the federal corrective action provisions 

promulgated as of July 1, 1987 pursuant to section 3004(u) of the 

Hazardous and Solid ,Waste Amendments of 1984 (HSWA). The 

Environmental 'Protection ,Agency (EPA) has r~viewed Idaho's reque$t 

'for f.inal authortzation' o{', the corrective action'. component, 

(suosequent.Ly referred to 'as "program revision") of the State's 

hazardous waste program. EPA has made a decision, sUbject to 

pUblic review and comment, that the program revision satisfies all 

of the requirements necessary to qualify for final authorization. 

Thus, EPA intends to approve and 'grant final authorization for the 

same corrective action provisions that were previously granted 

interim authorization. Idaho's application for 'this program 

revision is available for pUblic review and comment. 

PUBLIC COMMENT PERIOD: All comments on Idaho's program revision 

application must be received by the close of business May 5, 

1992. Written comments should be sent to: 

U.S. Environmental Protection Agency, Region 10
 

ATTN: Nina Kocourek
 

Waste Management Branch, Mail stop HW-107
 

1200 sixth Avenue 

Seattle, Washington 98101 

COPIES OF THE STATE'S APPLICATION: Copies of Idaho's program 

revision request and original base application are available Monday 

through Friday, 8:00 a.m. to 5:00 p.m., at the following locations 

for inspection and copying: 

Idaho Department of Health and Welfare 

Division of Environmental Quality' 

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1410 N. Hilton 

Boise, Idaho 83706 

(208) 334-5879 
.D 

U.S.	 Environmental Protection Agency, Region 10 

Library, 

1200 

Mail 

sixth	 

stop 

Avenue 

MD-108 o

Seattle, Washington 98101 

(206) 553-1289 

or 

1-800-424-4EPA 

FOR FURTHER INFORMATION CONTACT: N ina K0 c 0 u r e k , U • S . 

Environmental Protection Agency, Region 10, 1200 sixth Avenue, Mail 

stop HW-107,Seattle, Washington 98101, (206) 553-6502. 

SUPPLEMENTARY INFORMATION: States with final authorization under 

section 3006 (b) of the Resource Conservation and Recovery Act 

("RCRA or	 "the Act")" 42 U.S.C. 6929(b), have a continuing 

obligation	 to maintain a hazardous waste program that is equivalent 

to, consistent with, and no less stringent than the Federal 

hazardous waste program. In addition, as an interim measure, the 

HSWA allow	 states to revise their programs to become sUbstantially 

equiyalent	 instead of equivalent to RCRA requirements promulgated 

under ~SWA	 authority. states ex~rci~ing the latter 'option r~ceiv~

"interim, ,authorization" for the -HSWA requirements under - Sect~on

3006(g) of RCM, 42 U.S.C. '6926(g), "and later apply for final" 

,authorization for the HSWA requirements. 

Revisions to the state hazardous waste programs are necessary 

when Federal or State statutory or regulatory authority is modified .C 

or when certain other changes occur. Most commonly, State program 

revisions are necessitated by changes to EPA's regulations in 40 

CFR Parts 260-266, 268, 124 and 270. 

Idaho initially received final authorization on March 26, 

1990, effective April 9, 1990, for those non-HSWA and HSWA 

requirements promulgated as of July 1, 1987, as well as received 

interim authorization on March 26, 1990, effective April 9, 1990, 

for the HSWA corrective action provisions of section 3004 (u) , 

promulgated as of July 1; 1987. On February 7, 1992 the state' of 

Idaho submitted a written request seeking approval of its program 

revision in accordance with 40 CFR 271.21(b) (3). 

EPA has reviewed Idaho's application, and has made an 

immediate final decision tihat; Idaho's hazardous waste program 

revision satisfies all of the requirements necessary to qualify for 

final authorization. Consequently, EPA intends to grant final 

authorization for the corrective action components of the State's 

hazardous waste program. The pUblic may submit written comments 

on EPA's immediate final decision up until May 5, 1992. 'Copies of 

Idaho's application for this program revision are available for 

inspection and copying at the locations indicated in the 

"Addresses" section of this'notice. 

Approval of Idaho's program revision shall become effective O. 

in 60 days unless an adverse comment pertaining to the State's 

revision discussed in this notice is received by the end of the 

comment period.. If a relevant adverse comment is received EPA will 

pUblish either (1) a withdrawal of the immediate final decision or 
<A •• , 

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pUblish either (1) a withdrawal of the immediate final decision or 

(2) a notice containing a response to comments which either affirms 

that the immediate final decision takes effect or reverses the 

decision. 

In summary, the state's request for EPA to proceed with final 

authorization resulted from a series of events which have occurred 

since the state received interim authorization for the State's 

hazardous waste program corrective action components. The state's 

initial application for final authorization, dated July 7, 1988, 

included the corrective action components. However, EPA was 

concerned about Idano's capability to implement a comprehensive 

corrective action program as at that time, Idaho had very little 

experience in corrective action. EPA's concern resulted in Idaho 

agreeing to request interim authorization for the corrective action 

portion of the program. On April 9, 1990 the state was granted 

interim authorization for its corrective action component. As a 

part of interim authorization, the state and EPA jointly developed 

capability milestones which defined specific tasks and outputs 

which needed to be successfully completed to demonstrate that the 

state's capability existed to receive final authorization for the 

corrective action program. 

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At· this time, EPA has determined that the state has 

sUfficiently demonstrated program capability through satisfactorily 

completing the agreed to milestones. More specifically, the state 

has continued to do thorough quality compliance inspections, met 

its inspection commitments, continued to issue both timely and 

appropriate enforcement actions, and satisfactorily completed the 

RCRA facility permitting and corrective action milestones. EPA has 

summarized the state's progress in a series of capability status 

reports summarizing the state's demonstration period which are 

available upon request. 

This program revision will not authorize the state to operate 

the RCRA program over any Indian lands; this authority remains with 

EPA. 

DECISION: I conclude that Idaho's RCRA corrective action program 

revision meets all of the statutory and' regulatory requirements 

established by RCRA. Accordingly, .Idaho is granted final 

authorization to operate its hazardous waste program as revised. 

Upon the effective date of this program revision the state's 

interim authorization granted on March 26, 1990, effective 

April 9, 1990, will be terminated. 

Idaho has responsibility for permitting treatment, storage, 

and disposal facilities within its borders and carrying out the 

aspects of the RCRA program described in its revised program 

application, SUbject to the limitations of the HSWA. Idaho also 

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has primary enforcement responsibilities, although EPA retains the 

right to conduct inspections under section 3007 of RCRA and to take 

enforcement actions under section 3008, .3013 and 7003 of RCRA. 
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EPA uses Part 272 of the Code of Federal Regulations (CFR) for 

codification of the decision to authorize Idaho's program and for 0\ incorporation by reference of those provisions of Idaho's statu~es

and regulations that EPA will enforce under section 3008 of RCRA. 

Therefore, EPA is amending 40 CFR Part 272.651 and 272.652. 

Pursuant to the provisions of 4 U.S.C. 605(b), I hereby 

certify that this authorization will not have a significant 

economic impact on a substantial number of small entities. This 

authorization effectively suspends the applicability of certain 

Federal regulations in favor of Idaho's program, thereby 

eliminating duplicative requirements for handlers of hazardous 

waste in the state. It does not impose any new burdens on small 

entities. This rule, therefore, does not require a regulatory 

flexibility analysis. 

This notice is issued under the authority of Sections 2002(a), 

3006 and 7004(b) of the Solid Waste Disposal Act as amended 42 

U.S.C. 6912(a), 6926, 6974(b). 

MAR 2 5 1992 

Date 

Regional Administrator 

Dana A. Rasmussen, 

o
 

c 
F. -.

7.

DEPARTMENT OF HEALTH AND WELFARE )

,pfd...

Office of the Director

State of Idaho

CECIL D. ANDRUS

Governor

RICHARD P. DONOVAN

Director

45Q . State Street

e, Idaho 83720

(208) 334-5500

February 7, 1992

U

LEI©IEM. Dana Rasmussen, Administrator

EPA, Region 10

1200 Sixth Avenue

Seattle, WA 98101

FEB1B1992

WASTE MANAGEMENT BRANCH

Dear Ms. Rasmussen:

On April 9, 1990 Idaho was granted authorization to administer the

hazardous waste program in lieu of the federal government's

Resource Conservation and Recovery Act of 1976 (RCRA), as amended

by the Hazardous and Solid Waste Amendments of 1984 (HSWA),

program. This rulemaking included final authorization for the HSWA

and non-HSWA regulations promulgated as of July 7, 1987 and interim

authorization for the HSWA corrective action requirements

promulgated as of July 7, 1987. With this letter, and through the

attached revised Memorandum of Agreement, Idaho is requesting final

authorization to administer the HSWA corrective action provisions

promulgated as of July 1, 1990.

Idaho was the first state in the nation to receive authorization

for both the base program (final authorization) and corrective

action program (interim authorization) at the same time, This

rulemaking recognized the equivalence of Idaho's Hazardous Waste

Management Act of 1983 (HWMA), as amended, to RCRA; it acknowledged

the State's commitment to the vital protection of human health and

the environment; and, it realized Idaho's ability to administer the

program.

Since authorization was granted, the Idaho Department of Health and

Welfare through the Division of Environmental Quality (DEQ), acting

under the authority of the HWMA, has administered a strong and

consistent compliance and enforcement program. It is the intent

and policy of the DEQ that subsequent compliance and enforcement

actions will be completed quickly and effectively.

The State of Idaho was the first non-pilot state in the nation to

implement the Resource Conservation and Recovery Information System

(RCRIS). The State's Notifiers Data System and Internal Tracking

System have been turned off. Idaho is relying solely on RCRIS for

RCRA compliance, permitting, and enforcement data. The Student
Intern position previously charged with the day to day maintenance

of RCRIS has been hired on a permanent basis and upgraded to

Hazardous Waste Specialist. This undertaking and expenditure of

computer and staff resources is indicative of Idaho's substantive

commitment to data management.

As a condition of obtaining interim corrective action

authorization, the DEQ and EPA-Region 10 formalized and signed into

effect, on October 23, 1990, Idaho's "Corrective Action Final

Authorization Milestones." This document established fifteen

milestones on whose accomplishment and merit, final corrective

action authorization would be determined. A detailed summary of

the milestones completion can be found in the Final Capability

Status Report for Idaho, submitted to the State from EPA-Region 10

in February of 1992.

Idaho's hazardous waste program remains unchanged since our base

application. Please see corrective action references on pages 63,

66, 72, 78, 81, and 88 - 91 of the Program Description and pages

18 - 19, and 31 of the Attorney General's Statement from the base

application.

With the strong support of Idaho's Legislature, Idaho has

maintained a solid compliance and enforcement program, a productive

and effective permitting unit, and a solid core of programmatic

support for the hazardous waste program. It is the DEQ's hope that

the EPA will recognize the tremendous effort and pride put forth

in effectively managing the State of Idaho's hazardous waste

program and that you will expeditiously approve final

authorization. Full Authorization of Idaho's program will best

serve Idaho citizens and best enable the EPA and the State to

ensure the vital protection of human health and the environment in

Idaho. Thank you for your cooperation.

If you have any questions please contact Joy Palmer of my staff at

(208) 334-5879.

RPD:mjd

Enclosure