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• REVISED ATTORNEY GENERAL'S STATEMENTFOR FINAL AUTHORIZATION OF CHANGES TO THE FEDERAL RCRA PROGRAM THROUGHJULY 1,2001

I hereby certify, pursuant to my authority as Deputy Attorney General assigned to represent the Idaho Department of Environmental Quality (IDEQ) 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 ofthe State ofIdaho provide adequate authority to carry out the revised program set forth in the revised "Program Description" submitted with Idaho's 7/1/98 to 7/1/01 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, October 3, 1997, and April 6,2001.



### 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 58.01.05.000, et seq., adopted pursuant to that statutory authority, meet federal requirements for equivalency and final authorization. IDAPA 58.01.05.000, et seq., was adopted and effective in the State ofIdaho on March 15,2002, and incorporates by reference all delegable final Federal hazardous waste regulations promulgated as of July 1,2001 (Idaho Code §§ 

### 39-4401, et seq., 39­ 106, 67-2402,**67~2406,** 

### 39-103, 39-104, 39-105).

The Idaho Department ofEnvironmental Quality is seeking partial authorization of the Post Closure Rule promulgated by EPA on October 22, 1998 (63 FR 56710) and incorporated by reference by Idaho on April 5, 2000. At this time, IDEQ is not seeking authorization of 40 CFR 270.I(c)(7), Enforceable documentsfor post-closure care, 40 CFR 265.121 Postclosure requirementsforfacilities that obtain enforceable documents in lieu of post-closure permits, 40 CFR 265.110(c), and 40 CFR 265. I 18(c)(4). These provisions are described in the rule preamble at 63 FR 56712 section a. Post-closure

care under alternatives to permits. IDEQ is seeking authorization for 40 CFR Sections 264.90(f), 264. I lO(c), 264.140(d), 265.90(f), 265.11O(d), and 265.140(d), as described in the rule preamble at 63 FR 56713, b. Remediation requirementsfor land-based units with releases to the environment. IDEQ is also seeking authorization of40 CFR 270.28, as described in the rule preamble at 63 FR 56713, c. 

### Post-closurepermit information submission requirements.

IDEQ is 

### seeking authorization for 40.CFR Sections 264.90(e), 264.90(f), 264.110(c), 264.112(b)(8),. 264.1l2(c)(2)(iv), 264.118(b)(4), 264.118(d)(2)(iv), 264. 140(d), 265.90(f), 265.11O(d), 265.112(b)(8), 265.118(c)(5), 265.140(d), 270.I(c) introduction, and 270.28 except where those sections reference the use of enforceable documents. IDEQ is not seeking authorization for language in those sections which states as follows: "... or in an enforceable document (as defined in 270.1(c)(7)."

Idaho Revised Authorization Application September 11,2002 

### Page 

### 1 of3Federal.Citation State Rule Citation (IDAPA) State Statutory Citation (Idaho Code) State Analog is:

Equivalent

and/or Broaderin Scope

40 CFRPart260 All subparts as of July 1,2001, except 40 CFR 260.2. For the purposes of 40 CFR 260.20, "Federal Register" shall be defined as the Idaho Administrative Bulletin. 58.01.05.004 Effective 03115102 39-4405' Revised as of 2001 Equivalent

40 CFRPart 261 All subparts including appendices as of July 1,2001. Idaho has adopted a state-specific rule which delists chemically stabilized K061 waste at U.S. Ecology of Idaho, Inc. 58.01.05.005 Effective 03115102 39-4407 Revised as of 1993 Equivalent

40 CFR Part262 All subparts as of July 1, 2001 and 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 of IDEQ shall be copied. All references to EPA in 262.51, 262.54(g)(l) 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. 58.01.05.006 Effective 03/15102 39-4411 Revised as of 1998 Equivalent

40 CFRPart263 All subparts as of July 1, 2001. 58.01.05.007 Effective 03/15102 39-4410 Revised as of 2000 Equivalent

40 CFR Part 264 All subparts as of July 1,2001 except 264.149,264.150, 264.301(1). All references to the Regional Administrator in 264. 12(a) shall be defined as the EPA Regional Administrator. For 40 CFR Sections 264.90(e), 264.90(f), 264.11O(c), 264.112(b)(8), 264.112(c)(2)(iv), 264.118(b)(4), 264.118(d)(2)(iv), 264.140(d), DEQ is not seeking authorization for language in those sections which states as

, follows: "

... or in an enforceable document (as defined in

270.1(c)(7»." 58.01.05.008 Effective 03/15102 39-4409(3) Revised as of 1988 Equivalent

40 CFRPart 265 All subparts except SubpartR, 265.149, 265.150, 265.121, 265.110(c), and 265.118(c)(4) as of July 1,2001. All references to the Regional Administrator in 265.12(a) shall be defined as the EPA Regional Administrator. For 40 CFR Sections 265.90(f), 265.110(d), 265.112(b)(8), 265.118(c)(5), 265.140(d), 270.1(c) introduction, and 270.28, DEQ is not seeking authorization for language in those sections which states as follows: "

... or in an enforceable document (as defined in 270.1(c)(7»." 58.01.05.009 Effective 03/15102 39-4409(3) Revised as of 1988 Equivalent

40 CFRPart 266 All subparts except Subparts A and B as of July 1,2001. 58.01.05.010 Effective 03115102 39-4405 Revised as of 200 1 Equivalent (

Idaho Revised Authorization Application September 11, 2002 Page 

### 2 of 

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• FederalCitation StateRule Citation (lDAPA) StateStatutory Citation (Idaho Code) State Analog is:

Equivalent

andlor Broaderin Scope

40 CFRPart268 All subparts except 268.I(e)(3); 268.5; 268.6; 268.42(b); 268.44 (a)-(g) as ofJuly 1,2001. Ifthe Administrator of EPAgrants 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. 58.01.05.011 Effective 03/15/02 39-4405 Revised as of2001 39-4408(4) Revised as of 1986 Equivalent

40 CFRPart270 All subparts as of July 1,2001, except 270. I(c)(7). For purposes of40 CFR270.2,270.5, 270.10(e)(2), 270.10(e)(3), 270. I0(f)(3), 270.72(a)(5) and 270.72(b)(5), EPA shall remain defined as EPA. 58.01.05.012 Effective 03/15/02 39-4409(3) Revised as of 1988 Equivalent

40 CFRPart273 All Subparts as of July I, 200 I. 58.01.05.016 Effective 03115102 39-4405 Revised as of2001 Equivalent

40 CFRPart279 All subparts as of July 1,2001

. 58.01.05.015 Effective 03/15102 39-4405 Revised as of2001 Equivalent

40 CFRPart 124 Subparts A and B only as of July 1,2001,except that the fourth sentence of 40 CFR 124.31(a), the third sentence of 40 CFR I24.32(a), and the second sentence of40 CFR I24.33(a) are expressly omitted from the incorporation by reference of each of those subsections. For purposes of40 CFR 124.6(e), 124.10(b) and 124.10(c)(I)(ii)EPA shall remain defined as EPA. 58.01.05.013 Effective 03115/02 39-4405(4) Revised as 0[2001 Equivalent



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RCRA §3005(j) 58.01.05.014 Effective 03/15102 39-4405 Revised as of2001 Equivalent

RCRA §3006(t) 58.01.05.997 Effective 04/05100 9-337, et seq. Revised as of2002 39-4411(3) Revised as of 1998 Equivalent



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Idaho Revised Authorization Application September II, 2002 Page 3 of3