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REVISED ATTORNEY GENERAL'S
 

STATEMENT FOR FINAL
 

AUTHORIZATION OF CHANGES TO THE
 

FEDERAL RCRA PROGRAM THROUGH JULY 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 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 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 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 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 of Environmental 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 documents for post-closure care, 40 CFR 265.121 Postclosure requirements for facilities 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 requirements for 

land-based units with releases to the environment. IDEQ is also seeking authorization of 40 CFR 270.28, as described in 

the rule preamble at 63 FR 56713, c. Post-closure permit 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 of3
 
Federal. Citation 

State Rule 

Citation 

(IDAPA) 

State Statutory 

Citation 

(Idaho Code) 

State 

Analog is: 

Equivalent 

and/or 

Broader in 

Scope 

40 CFR Part 260 

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 CFR Part 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 Part 262 

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 CFR Part 263 

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 CFR Part 265 

All subparts except Subpart R, 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 CFR Part 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 3
 

c 
•
 

•
 

Federal Citation 

State Rule 

Citation 

(lDAPA) 

State Statutory 

Citation 

(Idaho Code) 

State 

Analog is: 

Equivalent 

andlor 

Broader in 

Scope 

40 CFR Part 268 

All subparts except 268.I(e)(3); 268.5; 268.6; 268.42(b); 

268.44 (a)-(g) as of July 1,2001. If the 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 CFR Part 270 

All subparts as of July 1,2001, except 270. I(c)(7). For 

purposes of 40 CFR 270.2,270.5, 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 CFR Part 273 

All Subparts as of July I, 200 I. 

58.01.05.016 

Effective 03115102 

39-4405 

Revised as of2001 

Equivalent 

40 CFR Part 279 

All subparts as of July 1,2001 . 

58.01.05.015 

Effective 03/15102 

39-4405 

Revised as of2001 

Equivalent 

40 CFR Part 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 of 40 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 

, 

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 of 2002 

39-4411(3) 

Revised as of 1998 

Equivalent 

. I" \'. .1 z... .

0: Dated this lL.- day of ~. 200

9-

RonaIdStCliffe 

~/~

Deputy Attorney General 

Office of the Attorney General 

. . State of Idaho

• 

Idaho Revised Authorization Application
 

September II, 2002
 

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