REVISED ATTORNEY GENERAL'S STATEMENT FOR FINAL AUTHORIZATION OF CHANGES TO THE FEDERAL RCRA PROGRAM THROUGHJULY 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 ofthe 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 ofHealth 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 ofJuly 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 ofJuly 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 ofJuly 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 CFRPart 264 All subparts as ofJuly 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 ofJuly 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 ofJuly 1, 1995. Ifthe Administrator ofEPA 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 ofJuly 1, 1995. 16.01.05.016 39-4405 Equivalent

40 CFR Part 279 All subparts as ofJuly 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 ofSeptember, 1996. 

# c

Curt A. Fransen Deputy Attorney General Office ofthe Attorney General State of Idaho