REVISED ATTORNEY GENERAL'S
 

STATEMENT FOR FINAL
 

• 

AUTHORIZATION OF CHANGES TO THE 

FEDERAL RCRA PROGRAM THROUGH JULY 1, 1998 

I hereby certify, pursuant to my authority as Deputy Attorney General assigned to represent the Idaho Department of 

Environmental Quality (DEQ) and in accordance with Section 3006(b) of the Resource Conservation and Recovery Act 

(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 of Idaho provide adequate authority to carry out the revised program set forth in the 

revised "Program Description" submitted with Idaho's 07/01/96 through 06/30/98 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, December 29, 1994, September 16, 

1996, and October 3, 1997. 

On 03/31/00 Idaho Senate Bill 1426aa, as amended was signed into law by the Governor ofldaho, effective as.of07/01/00. 

The legislation created the Department of Environmental Quality to replace the Division of Environmental Quality of the 

Department ofHealth and Welfare. The legislation did not change how the Division, now Department ofEnvironmental Quality 

(DEQ) operates or affect it's organizational structure or how the DEQ administers the Hazardous Waste Program. The legislation 

did, however, have the following effects, none of which affect how DEQ enforces the state Hazardous Waste Program. SB 

1426aa, made the following changes to existing statutory provisions ofIdaho law by: 

A.	 Creating a "Department of Environmental Quality" under revised 67-2402 of the Idaho Code (signed into law 

03/31/00, effective 07/01/00). This is a promotion to Department status taking the DEQ out from under the 

control ofthe Department of Health and Welfare. The renaming and subsequent independence of the DEQ 

does not affect how the DEQ administers or enforces the state Hazardous Waste Program; 

• 

B. Creating a "Director of Environmental Quality" under revised 67-2406 of the Idaho Code (signed into law 

03/31/00, effecti~e 07/01100). This is a promotion to Department status and promotes the Administrator of 

the DEQ to the Director under the new legislation. The Director's duties do not change in any manner which 

would affect how the DEQ administers or enforces the state Hazardous Waste Program; 

C.	 Redefining the "Definitions" of39-103 of the Idaho Code under revised 39-103 such that definitions (3), (4) 

and (5), respectively, are changed to reflect the creation of the Board of Environmental Quality, the 

Department of Environmental Quality and the Director of Environmental Quality (signed into law 03/31/00, 

effective 07/01/00). This creates a new Board of Environmental Quality, however, the board is the same as 

the former Board of Health and Welfare and functions the same as previously and does not change in any 

manner which would affect how the DEQ administers or enforces the state Hazardous Waste Program; 

D.	 Creating the Department ofEnvironmental Quality under revised 39-104 (signed into law 03/31/00, effective 

07/01100). This is a promotion to Department status taking the DEQ out from under the control of the 

Department of Health and Welfare. The renaming and subsequent independence of the DEQ does not affect 

how the DEQ administers or enforces the state Hazardous Waste Program; 

E.	 Vesting the powers and duties formerly vested in the Department of Health and Welfare in the Director of 

Environmental Quality to regulate environmental protection under revised 39-105 (signed into law 03/31100, 

effective 07/01/00). This addition to state law makes it clear that the Department's new status is a promotion 

to Department status taking the DEQ out from under the control of the Department of Health and Welfare. 

The renaming and subsequent independence ofthe DEQ does not affect how the DEQ administers or enforces ­

the-state Hazardous Waste-Program; - --.-----­

• 

F. Transferring powers and duties and continuing rules and procedures to the authority of the Director of 

Environmental Quality under revised 39-106, (signed into law 03/31/00,. effective 07/01/00), of the Idaho 

Code such that the Director of Environmental Quality shall, in addition to all other powers and duties inherent 

in the position: (3) All rules, standards, plans, licenses, permits, consent orders, compliance schedules, 

certification, and other agreements pertaining to environmental protection functions administered by the 

division of environmental quality heretofore adopted or issued by the department ofhealth and welfare and 

its director are transferred to the department of environmental quality and shall remain in full force and effect 

until superceded. The terms "department" and "director" in such documents shall mean the department of 

Idaho Revised Authorization Application 

February 14,2001
 

Page I of 5
 
environmental quality and its director, until such documents are amended. (4) The department of 

environmental quality and its director shall be the successor to all rights, powers and duties ofthe department 

of health and welfare and its director regarding all rulemaking proceedings, administrative proceedings.L, .., 

contested cases, civil actions, contracts, delegations, authorizations and other matters pertaining r 

environmental protection functions. This provision makes clear DEQ's duties under the promotion,.. ./ 

Department status taking the DEQ out from under the control of the Department of Health and Welfare. The 

renaming and subsequent independence of the DEQ does not affect how the DEQ administers or enforces the 

state Hazardous Waste Program 

G.	 Pursuant to revised 39-107(10), (11) and (12), (Signed into law 03/31100, effective 07/01100), all rules, 

permits and other actions heretofore adopted, issued or taken by the board of health and welfare pertaining 

to the environmental protection functions administered by the division of environmental quality shall remain 

in full force and effect until superseded; the board of environmental quality shall be the successor to the board 

of health and welfare regarding all rulemakings, proceedings, administrative proceedings, contested cases, 

civil actions, etc, and upon its creation, the board of environmental quality shall assume all pending business 

before the board of health and welfare relating to environmental protection functions. 

H.	 For purposes of this revision, references in the IDAPA 16, Title 01, Chapter 05, final and effective 03/19/99, 

the terms "department" and "director" in such documents shall refer to the Department of Environmental . 

Quality and shall have the meanings and definitions established by SB1426aa, as amended and signed into 

law on 03/31/00 by the Governor ofldaho, effective as of07/01/00. Under SB 1426aa IDAPA citations were 

changed from 16 IDAPA to 58 IDAPA to reflect that the Department is a separate entity from the Department 

of Health and Welfare. The renumbering of the rules in no way affects the content or enforceability of the 

rules. 

I.	 The State of Idaho has incorporated its existing authorized hazardous waste program into the revised 

Department status ofthe former Division of Environmental Quality without effecting any changes in how the 

authorized hazardous waste program is implemented, managed or enforced. 

J.	 Idaho Law 1426aa amended 39-108 to replace the word "regulation" with the word "rule" or "rules". The 

purpose of this amendment is to conform to Idaho law which allows agencies to promulgate "rules and 

standards" as opposed to "regulations." The rules nonetheless have the same function as regulations and do 

not affect their enforceability or how the hazardous waste program enforcement is accomplished. Idaho Code 

39-108 was not amended in anyway to affect existing law which provides for an entitlement to a complian{'-\I 

conference prior to administrative enforcement, nor was 39-108 amended in any way to affect tt~

Department's ability to restrain or enjoin violations of the hazardous waste program which is required by 40 

CFR 271.16 (a)(l). 

K.	 Idaho Law 1426aa amended 39-419. That statute does not apply to the state's hazardous waste program and 

therefore the amendment does not affect the state's ability to carry out the program 

Regulatory Equivalency 

As set forth below, the provisions of the Hazardous Waste Management Act of 1983, Idaho Code §§ 39-4401, et seq., and the 

Idaho Department of Environmental Quality Rules and Standards for Hazardous Waste, IDAPA 16.01.05.000,et seq., adopted 

pursuant to that statutory authority, meet federal requirements for equivalency and final authorization. IDAPA 16.01.05.000, 

et seq., was final and effective in the State ofldaho on March 19, 1999, and incorporates by reference all delegable final Federal 

hazardous waste regulations promulgated as of July 1, 1998. (Idaho Code §§ 39-4401, et seq., 39-106, 67-2402, 67-2406, 39­

103,39-104,39-105). 

c\'
 

Idaho Revised Authorization Application
 

February 14,2001
 

Page 2 of5
 

~I
I I 

II
 II
 

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•
 

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State 

Analog is: 

State Rule State Statutory 

Federal Citation Citation Citation Equivalent 

(IDAPA) (Idaho Code) and/or 

Broader in 

Scope 

40 CFR Part 260 16.01.05.004 39-4405 Equivalent 

All subparts as of July I, 1998, except 40 CFR 260.2. For Effective 03/19/99 Revised as of 1986 

the purposes of 40 CFR 260.20, "Federal Register" shall be and amended by 

defined as the Idaho Administrative Bulletin. 39-105,39-106 

40 CFR Part 261 16.01.05.005 39-4407 Equivalent 

All subparts including appendices as of July 1, 1998. Effective 03/19/99 Revised as of 1993 

Idaho has adopted a state-specific rule which delists and amended by 

chemically stabilized K06I waste at EnviroSafe Services of 39-105,39-106 

Idaho, Inc. 

40 CFR Part 262 16.01.05.006 39-4411 Equivalent 

All subparts as of July 1, 1998 and that advance notification, Effective 03/19/99 Revised as of 1998 

annual reports, and exception reports in accordance with and amended by 

262.53,262.55, and 262.56 shall be filed with the EPA 39-105,39-106 

Regional Administrator and the Director ofDEQ shall be '';' 

copied. All references to EPA in 262.51, 262.54(g)(1) 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 1-800-632-8000. 

40 CFR Part 263 16.01.05.007 39-4410 Equivalent 

All subparts as of July 1, 1998. Effective 03/19/99 Revised as of 1993 

. and amended by 

39-105,39-106 

40 CFR Part 264 16.01.05.008 39-4409(3) Equivalent 

All subparts as of July 1, 1998 except 264.149, 264.150, Effective 03/19/99 Revised as of 1988 

264.301(1). All references to the Regional Administrator in and amended by 

264.12(a) shall be defined as the EPA Regional 39-105,39-106 

Administrator. 

40 CFR Part 265 16.01.05.009 39-4409(3) Equivalent 

All subparts except Subpart R, 265.149 and 265.150 as of Effective 03/19/99 Revised as of 1988 

July I, 1998. All references to the Regional Administrator in and amended by 

265.12(a) shall be defined as the EPA Regional 39-105,39-106 

Administrator. 

40 CFR Part 266 - . - - . 16.01.05j)J0 39-4405 Equivalent 

All subparts except Subparts A and B as of July 1, 1998. Effective 03/19/99 Revised as of 1986 

and amended by 

39-105,39-106 

40 CFR Part 268 16.01.05.0II 39-4405 Equivalent 

All subparts except 268.1(e)(3); 268.5; 268.6; 268.42(b); Effective 03/19/99 Revised as of 1986 

268.44 (a)-(g) as of July I, 1998. If the Administrator of 39-4408(4) 

EPA grants a case-by-case variance pursuant to 268.5, that Revised as of 1986 

Idaho Revised Authorization Application 

February 14, 2001 

Page 3 of5 
Federal Citation 

State Rule 

Citation 

(IDAPA) 

State Statutory 

Citation 

(Idaho Code) 

State 

Analog is: 

( 

Equivalent 

and/or 

Broader in 

Scope 

variance will simultaneously create the same case-by-case 

variance in the equivalent Idaho rule. 

and amended by 

39-105, 39-106 

40 CFR Part 270 

All subparts as of July 1, 1998. For purposes of 40 CFR 

270.2,270.5, 270.IO(e)(2), 270.10(e)(3), 270.l0(f)(3), 

270.72(a)(5) and 270.72(b)(5), EPA shall remain defined as 

EPA. 

16.01.05.012 

Effective 03/19/99 

39-4409(3) 

Revised as of 1988 

and amended by 

39-105, 39-106 

Equivalent 

40 CFR Part 273 

All Subparts as of July 1, 1998. 

16.01.05.016 

Effective 03/19/99 

39-4405 

Revised as of 1986 

and amended by 

39-105, 39-106 

Equivalent 

40 CFR Part 279 

All subparts as of July 1, 1998. 

16.01.05.015 

Effective 03/19/99 

39-4405 

Revised as of 1986 

and amended by 

39-105, 39-106 

Equivalent 

40 CFR Part 124 

Subparts A and B only as of July 1, 1998, except that the 

fourth sentence of 40 CFR 124.31(a), the third sentence of 

40 CFR 124.32(a), and the second sentence of 40 CFR 

124.33(a) are expressly omitted from the incorporation by 

reference of each of those subsections. For purposes of 40 

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

remain defined as EPA. 

16.01.05.013 

Effective 03/19/99 

39-4405(4) 

Revised as of 1986 

and amended by 

39-105, 39-106 

Equivalent( 

RCRA ,30050) 16.01.05.014 

Effective 03/19/99 

39-4405 

Revised as of 1986 

and amended by 

39-105, 39-106 

Equivalent 

RCRA ,3006(1) 16.01.05.997 

Effective 03/19/99 

9-337, et seq. 

39-4411~l Revised as 0 998 

and amended by 

39-105,39-106 

Equivalent 

.Note: Statutory authority as cited-in the table above includes SB J426aa which is discussed-in the section preceding the 

Regulatory Equivalency section of this Attorney General's Statement. 

Idaho Revised Authorization Application
 

February 14,2001
 

Page 4 of5
 
• Douglas M. Conde Dated this (;; day of ~.2...€>cJ /

Deputy Attorney General 

Office ofthe Attorney General 

State of Idaho 

•
 

• Idaho Revised Authorization Application
 

February 14, 2001
 

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