# APPENDIX I

## REVISED ATTORNEY GENERAL'S STATEMENT FORFINAL AUTHORIZATION OF CHANGES TO THE FEDERAL RCRA PROGRAM THROUGH JULY 1, 2007

Ihereby certify, pursuant to my authority as Deputy Attorney General assigned to representthe Idaho Department ofEnvironmental Quality (IDEQ) 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 

## etseq.), and 40 CFRPart271.7, that in my opinion, the laws of the State ofIdaho provide adequate authority to carry out the revised program set forth in the revised "Program Description" submitted with Idaho's 7/1/05 to 7/1/07 Revised Authorization Application. The specific authorities provided are contained in statutes orrules lawfully adopted and effective atthe time this Statement is signed. This certification amends and supplements the Attorney General's Statement dated July 5, 1988, as amended and supplementedby letter dated June 3, 1989 and Attorney General's Statements dated February 13, 1992, December 29, 1994, September 16, 1996, October 3, 1997, April 6, 2001, September 11, 2002, September 22, 2004, and June 13, 2006 as amended by addendum dated 9/29/06.

Regulatory Equivalency

As set forth below, the provisions ofthe Hazardous Waste Management Act of 1983, Idaho Code §§ 39-4401, 

## etseq., 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 of Idaho on April 2, 2008, and incorporates by reference all delegable final Federal hazardous waste regulations promulgated as ofJuly 1,2007 (Idaho Code §§ 39- 4401, 

## etseq., 39-106, 67-2402, 67-2406, 39-103, 39-104, 39-105).

Idaho Revised Authorization Application June, 2008



### Page-lState Analog is:

State Rnle State Statutory Federal Citation Citation Citation Equivaleut (IDAPA) (Idaho Code) aud/or Broader in Scope

40 CFR Pari 260 58.01.05.004 39-4405 Equivalent All subparts as ofJuly 1,2007, except 40 CFR 260.2. For Effective 04/2/08 Revised as of2001 the purposes of40 CFR 260.20, "Federal Register" shall be defined as the Idaho Administrative Bulletin.

40 CFR Part261 58.01.05.005 39-4407 Equivalent All subparts including appendices as ofJuly 1,2007. Effective 04/2/08 Revised as of 1993 Idaho has adopted a state-specific rule which delists chemically stabilized K061 waste atU.S. Ecology ofldaho, Inc.

40 CFR Part262 58.01.05.006 39-4411 Equivalent All subparts as ofJuly 1,2007 and that advance notification, Effective 04/2/08 Revised as of1998 

### 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 oflDEQ shall be copied. All references to EPA in 262.21, 262.51, 262.53, 262.54(e), 262.54(g)(l), 262.57(b), 262.60 and 262.85(g) shall remain defined as EPA. In addition to the Emergency Notification Requirements in 40 CFR 262.34(a)(4), the State 

### Communications Centermust also be contacted at 1-800- 632-8000.

40 CFR Part263 58.01.05.007 39-4410 Equivalent All subparts as ofJuly 1,2007. Effective 04/2/08 Revised as of2000

40 CFR Part264 58.01.05.008 39-4409(3) Equivalent All subparts as ofJuly 1,2007 except 264.149, 264.150, Effective 04/2/08 Revised as of1988 264.301(1). All references to the Regional Administrator in 264.12(a) shall be defined as the EPA Regional Administrator. All references to EPA in 264.71(a)(3) and 264.I082(c)(4)(li) shall remain defined as EPA.

40 CFR Part265 58.01.05.009 39-4409(3) Equivalent All subparts except SubpartR, 265.149, 265.150, as ofJuly Effective 04/2/08 Revised as ofl988 1,2007. All references to the Regional Administrator in 265.12(a) shall be defined as the EPA Regional Administrator. All references to EPA in 265.71(a)(3) shall 

### remain defined as EPA.

40 CFR Part266 58.01.05.010 39-4405 Equivalent All subparts as ofJuly 1,2007. Effective 04/2/08 Revised as of200I

40 CFRPart267 58.01.05.018 39-4409W Equivalent All suboarts as ofJnlv I 2007 Effective4/2/08 Revised as of1 8

Idaho Revised Authorization Application June, 2008

Page-2State**Analo~** is:

State Rnle State Statntory Federal Citation Citation Citation Eqnivalent (IDAPA) (Idaho Code) 

### and/or Broader in Scope

40 CFR Part 268 58.01.05.011 39-4405 Equivalent All subparts except 268.1(e)(3); 268.5; 268.6; 268.13; Effective 04/2/08 Revised as of2001 268.42(b); 268.44 (a)-(g) as ofJuly 1,2007. Ifthe 39-4408(4) 

### Administrator 

### ofEPA grants acase-by-case variance Revised as of1986 

### pursuantto 268.5, 

### thatvariance will simultaneously create the same case-by-case variance in the equivalent Idaho rule. All references to EPA in 268.(2)UJ shall remain defined as EPA.

40 CFR Part270 58.01.05.012 39-4409(3) Equivalent All subparts as ofJuly 1, 2007. For purposes of40 CFR Effective 04/2/08 Revised as of 1988 270.2, 270.5, 270.1 O(e)(2), 270.1 O(e)(3), 270.10(1)(3), 270.72(a)(5) and 270.72(b)(5), EPA shall remain defined as EPA.

40 CFR Part273 58.01.05.016 39-4405 Equivalent All Subparts as ofJuly 1,2007. Effective 04/2/08 Revised as of200I

40 CFR Part279 58.01.05.015 39-4405 Equivalent All subparts as ofJulv 1,2007. Effective 04/2/08 Revised as of2001

40 CFR Part 124 58.01.05.013 39-4405(4) Equivalent Subparts A and B as ofJuly 1, 2007, exceptthat40 CFR Effective 04/2/08 Revised as of2001 124.19, the fourth sentence of40 CFR 124.31(a), the third
sentence of40 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 of 40 CFR 124.6(e), 124.10(b) and 124.10(c)(I)(ii) EPA shall remain defined as EPA.

RCRA §3005(j) 58.01.05.014 39-4405 Equivalent Effective 03/15/02 Revised as of2001

RCRA §3006(1) 58.Q1.05.997 9-337, et seq. Equivalent
Effective 04/05/00 Revised as of2007 39-4411(3)
Revised as of1998

/



### Darrell G. Early Deputy Attorney General Office ofthe Attorney General State ofIdaho Dated:

# 03»V

Idaho Revised Authorization Application June, 2008

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