# •

STATE OF IDAHO

HAZARDOUS WASTE BASE PROGRAM REVISION

FOR 

# FINALAUTHORIZATION OF THE CORRECTIVEACTION 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


# •I 

# • u.s. ENVIRONMENTAL PROTECTIONAGENCY 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



# • SUMMARY: The State of Idaho has applied for final authorization for its corrective action component of itshazardous wasteprogram 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 datedMarch 26,1990), for the federal correctiveactionprovisions 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'sreque$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 pUblicreview and comment, that the programrevision 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 revisionrequestandoriginalbase applicationareavailableMonday 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' 

# • 1410 N. Hilton Boise, Idaho 83706 (208) 334-5879.D

U.S. Environmental Protection Agency, Region 10 Library, Mail stop MD-108 

# o 1200 sixthAvenue Seattle, Washington 98101 (206) 553-1289
or 1-800-424-4EPA

FOR FURTHER INFORMATION CONTACT: Nina K0 c 0u r e k , U • S . Environmental ProtectionAgency, Region 10, 1200 sixthAvenue, 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 obligationtomaintaina hazardouswasteprogramthat isequivalent to, consistent with, and no less stringent than the Federal hazardous waste program. In addition, as an interim measure, the HSWA allowstates to revise their programs to become sUbstantially equiyalentinstead 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 statutoryorregulatoryauthority ismodified

.

# C

or when certain other changes occur. Most commonly, Stateprogram 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 oftherequirementsnecessarytoqualifyfor 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 isreceived EPAwill pUblish either (1) a withdrawal of the immediate final decision or<A •• , 

# • pUblish either (1) a withdrawal of the immediate final decision or (2) a notice containinga response to commentswhich either affirms that the immediate final decision takes effect or reverses the decision.

In summary, the state's request for EPAto 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 programcorrective actioncomponents. 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 agreeingtorequest interimauthorizationforthecorrectiveaction 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 EPAjointlydeveloped 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. 

# • At· this time, EPA has determined that the state has sUfficientlydemonstratedprogramcapabilitythroughsatisfactorily completingthe 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 facilitypermittingand correctiveactionmilestones. EPAhas 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 theRCRA program over any Indian lands; this authorityremains 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 

# • has primary enforcement responsibilities, although EPAretains the right to conduct inspections under section 3007 ofRCRA and to take enforcement actions under section 3008, .3013 and 7003 of RCRA.(**~".**

EPAuses Part 272 of the Code of FederalRegulations (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 EPAwill 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 issuedundertheauthorityofSections2002(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 

# cF. -. 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 

# ULEI©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