REVISED ATTORNEY GENERAL'S
 

STATEMENT FOR FINAL
 

AUTHORIZATION OF CHANGES TO THE
 

FEDERAL RCRA PROGRAM THROUGH JULY 1, 1995
 

.erebY certify, pursuant to my author;ty as Deputy Attorney General assigned to represent the Idaho Department of Health and 

Welfare- Division ofEnvironmental Quality (IDHW-DEQ) and in accordance with Section 3006(b) ofthe Resource Conservation and 

RecoveryAct (RCRA),as amended by the Hazardous and Solid Waste Amendments of 1984 (42 U.S.c. 6901 et seq), and 40 CFR Part 

271, that in my opinion, the laws of the State ofIdaho provide adequate authority to carry out the revised program set forth in the 

revised "Program Description" submitted with Idaho's August 1996 Revised Authorization Application. The specific authorities 

provided are contained in statutes or rules lawfully adopted and effective at the time this Statement is signed. This certification amends 

and supplements the Attorney General's Statement dated July 5, 1988, as amended and supplemented by letter dated June 3, 1989 and 

Attorney General's Statements dated February 13, 1992 and December 29, 1994. 

Regulatory Equivalency 

The Idaho Department of Health and Welfare Rules, Title 1, Chapter 5, "Rules and Standards for Hazardous Waste" incorporate by 

reference all federal RCRA regulations required for final authorization through July 1, 1995. Accordingly, the State rules and statutes 

cited below are equivalent to the federal regulations as of July 1, 1995. The State rules were adopted pursuant to the Hazardous Waste 

Management Act of 1983, Idaho Code § 39-4401, et seq., citations listed below. 

Federal Citation Incorporated 

By Reference 

State Rule 

Citation 

(lDAPA) 

State Statutory 

Citation 

(Idaho Code) 

State Analog 

is: 

Equivalent 

and/or 

Broader in 

Scope 

40 CFR Part 260 

All subparts as of July 1, 1995. For the purposes of 

40 CFR 260.22, "Federal Register" shall be defmed 

as the Idaho Administrative Bulletin. 

16.01.05.004 39-4405 Equivalent 

40 CFR Part 261 

All subparts including appendices as ofJuly 1, 1995. 

Idaho has adopted a state-specific rule which delists 

chemically stabilized K061 waste at EnviroSafe 

Services ofIdaho, Inc. 

16.01.05.005 . 39-4407 . Equivalent 

40 CFR Part 262 

All subparts as ofJuly 1, 1995 except that advance 

notification, annual reports, and exception reports in 

accordance with 262.53,262.55, and 262.56 shall be 

filed with the EPA Regional Administrator and the 

Director ofIDHW shall be copied. All references to 

EPA in 262.51, 262.54(g)(I) and 262.57(b) shall 

remain defined as EPA. In addition to the 

Emergency Notification Requirements in 40 CFR 

262.34(a)(4), the State Communications Center must 

also be contacted at 1-800-362-8000. 

16.01.05.006 39-4411 Equivalent 

40 CFR Part 263 

All subparts as of July 1 1995. 

16.01.05.007 39-4410 Equivalent 
C~ Federal Citation Incorporated 

By Reference 

State Rule 

Citation 

(IDAPA) 

State Statutory . 

Citation 

(Idaho Code) 

State Analog 

is: 

Equivalent 

and/or 

Broader in 

Scope 

40 CFR Part 264 

All subparts as of July 1, 1995 except 264.149,. 

264.150 and 264.30 I(1) and Subpart cc. All 

references to the Regional Administrator in 

264.12(a) shall be defined as the EPA Regional 

Administrator. 

16.01.05.008 39-4409(3) Equivalent 

40 CFR Part 265 

All subparts except Subpart CC, Subpart R, 265.149 

and 265.150 as ofJuly 1, 1995. 

16.01.05.009 39-4409(3) Equivalent 

40 CFR Part 266 

All subparts except Subparts A and B as of July I, 

1995. 

16.01.05.010 39-4405 Equivalent 

40 CFR Part 268 

All subparts except 268. I(e)(3), 268.5, 268.6, 

268.42(b) and 268.44 as of July 1, 1995. Ifthe 

Administrator of EPA grants a case-by-case variance 

pursuant to 268.5, that variance will simultaneously 

create the same case-by-case variance in the 

equivalent Idaho rule. 

16.01.05.011 39-4405 

39-4408(4) 

Equivalent 

40 CFR Part 270 

All subparts as ofJuly 1, 1993. For purposes of40 

CFR 270.2,270.5, 270.IO(e)(2), 270.10(e)(3), 

270.1O(t)(3), 270.72(a)(5) and 270.72(b)(5), EPA 

shall remain defmed as EPA. 

16.01.05.012 39-4409(3) Equivalent 

40 CFR Part 273 

All Subparts as of July 1, 1995. 

16.01.05.016 39-4405 Equivalent 

40 CFR Part 279 

All subparts as of July 1, 1995. 

16.01.05.015 39-4405 Equivalent 

40 CFR Part 124 

Subpart A only as ofJuly I, 1995. For purposes of 

40 CFR 124.6(e), 124.10(b) and 124.10(c)(I)(ii) 

EPA shall remain defmed as EPA. 

16.01.05.013 39-4405(4) Equivalent 

RCRA §3005(i) 16.01.05.014 39-4405 Equivalent 

RCRA §3006(t) 16.01.05.997 39-4411(3) 

9-335 to 9-350 

Equivalent 

c
 

Dated this JI:J-. day of September, 1996. 

Curt A. Fransen c


Deputy Attorney General 

Office ofthe Attorney General 

State of Idaho