### REVISED ATTORNEY GENERAL'S STATEMENTFOR FINAL 

# • AUTHORIZATION OFCHANGES 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) ofthe 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 ofthe State ofIdaho 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 ofEnvironmental Quality to replace the Division ofEnvironmental Quality ofthe 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 ofwhich 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 ofEnvironmental Quality" under revised 67-2402 ofthe 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 ofHealth and Welfare. The renaming and subsequent independence ofthe DEQ does not affect how the DEQ administers or enforces the state Hazardous Waste Program; 

# • B. 

### Creating a "Director ofEnvironmental Quality" under revised 67-2406 ofthe 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 ofthe Idaho Code underrevised 39-103 such that definitions (3), (4) and (5), respectively, are changed to reflect the creation of the Board of Environmental Quality, the Department ofEnvironmental Quality and the Director ofEnvironmental Quality (signed into law 03/31/00, effective 07/01/00). This creates a new Board ofEnvironmental Quality, however, the board is 

### the same as the former Board ofHealth 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 ofHealth and Welfare. The renaming and subsequent independence ofthe 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 ofHealth 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 ofthe Department ofHealth 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), ofthe Idaho Code such that the Director ofEnvironmental 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 ofenvironmental quality heretofore adopted or issued by the department ofhealth and welfare and its director are transferred to the department ofenvironmental 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 5environmental 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 ofhealth 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 ofthe Department ofHealth and Welfare. The renaming and subsequent independence ofthe 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 ofhealth and welfare pertaining to the environmental protection functions administered by the division ofenvironmental quality shall remain in full force and effect until superseded; the board ofenvironmental quality shall be the successor to the board ofhealth and welfare regarding all rulemakings, proceedings, administrative proceedings, contested cases, civil actions, etc, and upon its creation, the board ofenvironmental quality shall assume all pending business before the board

# ofhealth and welfare relating to environmental protection functions. H. Forpurposes ofthis 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 ofEnvironmental

. 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 ofHealth and Welfare. The renumbering ofthe rules in no way affects the content or enforceability ofthe rules. I. The State of Idaho has incorporated its existing authorized hazardous waste program into the revised 

### Department status ofthe former Division ofEnvironmental 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 ofthis 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 existinglawwhich providesfor 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 ofthe hazardous waste programwhich 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 ofthe Hazardous Waste Management Act of 1983, Idaho Code §§ 39-4401, et seq., and the
Idaho Department ofEnvironmental 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 ofJuly 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

# •

•

• 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 ofJuly I, 1998, except 40 CFR 260.2. For Effective 03/19/99 Revised as of 1986 the purposes of40 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 ofJuly 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 ofJuly 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 ofJuly 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 ofJuly 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 ofJuly 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 ofJuly I, 1998. Ifthe 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 of5Federal Citation State Rule Citation (IDAPA) State Statutory Citation (Idaho Code) State Analog is:

# (

Equivalent

and/or Broaderin 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 ofJuly 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 ofJuly 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 ofJuly 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 ofJuly 1, 1998, except that the fourth sentence of40 CFR 124.31(a), the third sentence of 40 CFR 124.32(a), and the second sentence of40 CFR 124.33(a) are expressly omitted from the incorporation by reference ofeach ofthose subsections. For purposes of40 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 includesSBJ426aa which is discussed-in the sectionpreceding the Regulatory Equivalency section ofthis 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 ofIdaho



# •

•

Idaho Revised Authorization Application February 14, 2001 Page 5 of5