APPENDIX I
REVISED ATTORNEY GENERAL'S

STATEMENT FOR FINAL

AUTHORIZATION OF CHANGES TO THE

FEDERAL RCRA PROGRAM THROUGH JULY 1, 2007

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 271.7, 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 7/1/05 to 7/1/07 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, 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 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 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, et seq., 39-106, 67-2402, 67-2406, 39-103, 39-104, 39-105).

Idaho Revised Authorization Application

June, 2008

Page-l
State

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 of 40 CFR 260.20, "Federal Register" shall be

defined as the Idaho Administrative Bulletin.

40 CFR Part 261 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 at U.S. Ecology ofldaho,

Inc.

40 CFR Part 262 58.01.05.006 39-4411 Equivalent

All subparts as ofJuly 1,2007 and that advance notification, Effective 04/2/08 Revised as of 1998

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 Center must also be contacted at 1-800-

632-8000.

40 CFR Part 263 58.01.05.007 39-4410 Equivalent

All subparts as ofJuly 1,2007. Effective 04/2/08 Revised as of2000

40 CFR Part 264 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 of 1988

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 Part 265 58.01.05.009 39-4409(3) Equivalent

All subparts except Subpart R, 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 Part 266 58.01.05.010 39-4405 Equivalent

All subparts as ofJuly 1,2007. Effective 04/2/08 Revised as of200 I

40 CFR Part 267 58.01.05.018 39-4409W Equivalent All suboarts as ofJnlv I 2007 Effective 4/2/08 Revised as of 1 8

Idaho Revised Authorization Application

June, 2008

Page-2
State

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 a case-by-case variance Revised as of 1986

pursuant to 268.5, that variance 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 Part 270 58.01.05.012 39-4409(3) Equivalent

All subparts as ofJuly 1, 2007. For purposes of 40 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 Part 273 58.01.05.016 39-4405 Equivalent

All Subparts as ofJuly 1,2007. Effective 04/2/08 Revised as of 200 I

40 CFR Part 279 58.01.05.015 39-4405 Equivalent

All subparts as ofJulv 1,2007. Effective 04/2/08 Revised as of 2001

40 CFR Part 124 58.01.05.013 39-4405(4) Equivalent

Subparts A and B as ofJuly 1, 2007, except that 40 CFR Effective 04/2/08 Revised as of 2001

124.19, 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 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 of 2007

39-4411(3)

Revised as of 1998

/

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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