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[Federal Register: April 6, 2010 (Volume 75, Number 65)]
[Rules and Regulations]               
[Page 17309-17313]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap10-8]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R10-RCRA-2009-0868; FRL-9122-8]

 
Idaho: Incorporation by Reference of Approved State Hazardous 
Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Resource Conservation and Recovery Act, as amended, 
(RCRA), allows the Environmental Protection Agency (EPA) to authorize 
State hazardous waste programs if EPA finds that such programs are 
equivalent to and consistent with the Federal RCRA program and if such 
programs provide adequate enforcement of compliance. The regulations 
are used by EPA to codify its decision to authorize individual State 
programs and incorporate by reference those provisions of the State 
statutes and regulations that are subject to EPA's RCRA inspection and 
enforcement authorities as authorized provisions of the State's 
program. This direct final rule revises the codification of the 
authorized Idaho hazardous waste management program and incorporates by 
reference authorized provisions of the State's statutes and 
regulations.

DATES: This rule is effective June 7, 2010, unless the EPA receives 
adverse comment on this regulation by the close of business May 6, 
2010. If the EPA receives such comments, EPA will publish a timely 
withdrawal of this direct final rule in the Federal Register informing 
the public that the rule will not take effect. The Director of the 
Federal Register approves this incorporation by reference as of June 7, 
2010 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2009-0868 by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: hedgpeth.zach@epa.gov.
     Mail: Zach Hedgpeth, U.S. EPA, Region 10, 1200 Sixth 
Avenue, Suite 900, Mail Stop AWT-122, Seattle, Washington 98101.
     Hand Delivery: Zach Hedgpeth, U.S. EPA, Region 10, 1200 
Sixth Avenue, Suite 900, Mail Stop AWT-122, Seattle, Washington 98101. 
Such deliveries are only accepted during the normal business hours of 
operation; special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-RCRA-
2009-0868. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the EPA Region 10 
Library, 1200 Sixth Avenue, Seattle, Washington 98101. This Docket 
Facility is open from 9 a.m. to noon, and 1 to 4 p.m. Monday through 
Friday, excluding legal holidays. The library telephone number is 206-
553-1289.

FOR FURTHER INFORMATION CONTACT: Zach Hedgpeth, U.S. EPA, Region 10,

[[Page 17310]]

1200 Sixth Avenue, Mail stop WCM-122, Seattle, Washington 98101, e-
mail: hedgpeth.zach@epa.gov, phone number (206) 553-1217.

SUPPLEMENTARY INFORMATION:

I. Incorporation by Reference

A. What is Codification?

    Codification is the process of including the statutes and 
regulations that comprise the State's authorized hazardous waste 
management program in the CFR. Section 3006(b) of RCRA, 42 U.S.C. 
6926(b), allows the Environmental Protection Agency to authorize State 
hazardous waste management programs. The State regulations authorized 
by EPA supplant the Federal regulations concerning the same matter with 
the result that after authorization EPA enforces the authorized 
regulations. Infrequently, State statutory language which acts to 
regulate a matter is also authorized by EPA with the consequence that 
EPA enforces the authorized statutory provision. EPA does not authorize 
State enforcement authorities and does not authorize State procedural 
requirements. EPA codifies the authorized State program in 40 CFR part 
272 and incorporates by reference State statutes and regulations that 
make up the approved program which is Federally enforceable. EPA 
retains independent enforcement authority pursuant to sections 3007, 
3008, 3013 and 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934 and 6973 and 
any other applicable statutory and regulatory provisions.
    This action codifies EPA's authorization of revisions to Idaho's 
hazardous waste management program. This direct final action codifies 
the State program in effect at the time EPA authorized revisions to the 
Idaho hazardous waste management program in a final rule dated December 
23, 2008 (73 FR 78647). Notice and an opportunity for comment regarding 
those revisions to the authorized State program were provided to the 
public at the time those revisions were proposed. EPA is not reopening 
its decision to authorize changes to the State's program nor is EPA 
requesting comment on those revisions.

B. What Is the History of the Authorization and Codification of Idaho's 
Hazardous Waste Management Program?

    Idaho initially received final authorization for its hazardous 
waste management program effective April 9, 1990 (55 FR 11015). 
Subsequently, EPA authorized revisions to the State's program effective 
June 5, 1992 (57 FR 11580), August 10, 1992 (57 FR 24757), June 11, 
1995 (60 FR 18549), January 19, 1999 (63 FR 56086), July 1, 2002 (67 FR 
44069), March 10, 2004 (69 FR 11322), July 22, 2005 (70 FR 42273), 
February 26, 2007 (72 FR 8283) and December 23, 2008 (73 FR 78647). EPA 
first codified Idaho's authorized hazardous waste program effective 
February 4, 1991 (55 FR 50327), and updated the codification of Idaho's 
program on June 5, 1992 (57 FR 11580), August 10, 1992 (57 FR 24757), 
August 24, 1999 (64 FR 34133), March 8, 2005 (70 FR 11132) and April 
20, 2006 (71 FR 20341). In this action, EPA is revising subpart N of 40 
CFR part 272, to include the most recent authorization revision 
effective December 23, 2008 (73 FR 78647).

C. What Codification Decisions Have We Made in This Rule?

    This action incorporates by reference the authorized revisions to 
the Idaho hazardous waste program by revising subpart N of 40 CFR part 
272. 40 CFR 272.651, previously incorporated by reference Idaho's 
authorized hazardous waste program, as amended, through 2005. Section 
272.651 also referenced the demonstration of adequate enforcement 
authority, including procedural and enforcement provisions, which 
provide the legal basis for the State's implementation of the hazardous 
waste management program. In addition, Section 272.651 referenced the 
Memorandum of Agreement, the Attorney General's Statement and the 
Program Description which were evaluated as part of the approval 
process of the hazardous waste management program in accordance with 
Subtitle C of RCRA. This action updates those demonstrations of 
adequate enforcement authority, including procedural and enforcement 
provisions, which provide the legal basis for the State's 
implementation of the hazardous waste management program, as well as 
the Memorandum of Agreement, the Attorney General's Statement and the 
Program Description, all of which were evaluated as part of the 
approval process for the program revision effective on December 23, 
2008.

D. What Is the Effect of Idaho's Codification on Enforcement?

    EPA retains its independent enforcement authority under statutory 
provisions, including but not limited to, sections 3007, 3008, 3013 and 
7003 of RCRA, and any other applicable statutory and regulatory 
provisions, to undertake inspections and enforcement actions and to 
issue orders in all authorized States. With respect to enforcement 
actions, EPA will rely on Federal sanctions, Federal inspection 
authorities, and Federal procedures rather than the State analogues to 
these provisions. Therefore, the EPA is not incorporating by reference 
Idaho's inspection and enforcement authorities nor are those 
authorities part of Idaho's approved State program which operates in 
lieu of the Federal program. EPA lists Idaho's authorities for 
informational purposes, and because EPA considered them in determining 
the adequacy of Idaho's enforcement authorities. This action revises 
this listing for informational purposes where these authorities have 
changed under Idaho's revisions to State law and were considered by EPA 
in determining the adequacy of Idaho's enforcement authorities. Idaho's 
authority to inspect and enforce the State's hazardous waste management 
program requirements continues to operate independently under State 
law.

E. What State Provisions Are Not Proposed as Part of the Codification?

    The public is reminded that some provisions of Idaho's hazardous 
waste management program are not part of the Federally authorized State 
program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 
271.1(i));
    (2) Federal rules for which Idaho is not authorized, but which have 
been incorporated into the State regulations because of the way the 
State adopted Federal regulations by reference;
    (3) State procedural and enforcement authorities which are 
necessary to establish the ability of the program to enforce compliance 
but which do not supplant the Federal statutory enforcement and 
procedural authorities.
    State provisions that are ``broader in scope'' than the Federal 
program are not incorporated by reference in 40 CFR part 272. For 
reference and clarity, 40 CFR 272.651(b)(3) lists the Idaho regulatory 
provisions which are ``broader in scope'' than the Federal program and 
which are not part of the authorized program being incorporated by 
reference. This action updates that list for ``broader in scope'' 
provisions EPA identified in the recent authorization of the revision 
to the State program. While ``broader in scope'' provisions are not 
part of the authorized program and cannot be enforced by EPA, the State 
may enforce such provisions under State law.

[[Page 17311]]

F. What Will Be the Effect of the Proposed Codification on Federal HSWA 
Requirements?

    With respect to any requirement(s) pursuant to the Hazardous and 
Solid Waste Amendments of 1984 (HSWA) for which the State has not yet 
been authorized and which EPA has identified as taking effect 
immediately in States with authorized hazardous waste management 
programs, EPA will enforce those Federal HSWA standards until the State 
is authorized for those provisions.
    This Codification does not effect Federal HSWA requirements for 
which the State is not authorized. EPA has authority to implement HSWA 
requirements in all States, including States with authorized hazardous 
waste management programs, until the States become authorized for such 
requirements or prohibitions unless EPA has identified the HSWA 
requirement(s) as an optional or as a less stringent requirement of the 
Federal Rules program. A HSWA requirement or prohibition, unless 
identified by EPA as optional or as less stringent, supersedes any less 
stringent or inconsistent State provision which may have been 
previously authorized by EPA (50 FR 28702, July 15, 1985).
    Some existing State requirements may be similar to the HSWA 
requirements implemented by EPA. However, until EPA authorizes those 
State requirements, EPA enforces the HSWA requirements and not the 
State analogs.

II. Statutory and Executive Order Reviews

    This direct final action codifies revisions to the EPA-authorized 
hazardous waste management program in Idaho pursuant to RCRA section 
3006 and imposes no requirements other than those imposed by State law. 
This action complies with applicable executive orders and statutory 
provisions as follows:

1. Executive Order 12866

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

2. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). This direct final rule does not 
establish or modify any information or recordkeeping requirements for 
the regulated community. EPA has determined that it is not subject to 
the provisions of the Paperwork Reduction Act.

3. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et 
seq., generally requires Federal agencies to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions. For purposes of assessing the impacts of 
this direct final rule on small entities, small entity is defined as: 
(1) A small business, as codified in the Small Business Size 
Regulations at 13 CFR part 121; (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district or 
special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field. EPA 
has determined that this direct final action will not have a 
significant impact on small entities because the action will only have 
the effect of codifying pre-existing authorized requirements under 
State law. After considering the economic impacts of this action, I 
certify that this action will not have a significant economic impact on 
a substantial number of small entities.

4. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or Tribal governments or the private 
sector. This action imposes no new enforceable duty on any State, local 
or Tribal governments or the private sector. This action contains no 
regulatory requirements that might significantly or uniquely affect 
small government entities. Thus, EPA has determined that the 
requirements of section 203 of the UMRA do not apply to this action.

5. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This action addresses the 
codification of the authorized State hazardous waste program in Idaho. 
Codification is the process of including the statutes and regulations 
that comprise the State's authorized hazardous waste management program 
in the CFR. Thus, Executive Order 13132 does not apply to this action. 
Although section 6 of Executive Order 13132 does not apply to this 
action, EPA did consult with officials of the State of Idaho, 
Department of Environmental Quality in developing this action.

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications, as specified in 
Executive Order 13175. This action addresses the codification of the 
authorized State hazardous waste program in Idaho. Codification is the 
process of including the statutes and regulations that comprise the 
State's authorized hazardous waste management program in the CFR. Thus, 
EPA has determined that Executive Order 13175 does not apply to this 
rule.

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the EO has the potential to influence the regulation. This action is 
not subject to EO 13045 because it codifies an approved State program 
into the Code of Federal Regulations (CFR). Codification is the process 
of including the statutes and regulations that comprise the State's 
authorized hazardous waste management program in the CFR.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a ``significant regulatory action'' as 
defined under Executive Order 12866.

9. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272) directs EPA to use voluntary consensus

[[Page 17312]]

standards in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus bodies. 
The NTTAA directs EPA to provide Congress, through the OMB, 
explanations when the Agency decides not to use available and 
applicable voluntary consensus standards. EPA has determined that this 
action does not involve ``technical standards'' as defined by the 
NTTAA. Therefore EPA is not considering the use of any voluntary 
consensus standards.

10. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This action addresses codifying a revision of the 
authorized hazardous waste program in the State of Idaho. EPA has 
determined that the action is not subject to Executive Order 12898.

11. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
document and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This action will be effective June 7, 2010.

List of Subjects in 40 CFR Part 272

    Environmental protection, Hazardous materials transportation, 
Hazardous waste, Incorporation by reference, Intergovernmental 
relations, Water pollution control, Water supply.

    Authority: This action is issued under the authority of Sections 
2002(a), 3006 and 7004(b) of the Solid Waste and Disposal Act, as 
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: March 11, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.

0
For the reasons set forth in the preamble, EPA amends 40 CFR part 272 
as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery 
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).


0
2. Subpart N is amended by revising Sec.  272.651 to read as follows:


Sec.  272.651  Idaho State-Administered Program: Final Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Idaho 
has final authorization for the following elements as submitted to EPA 
in Idaho's base program application for final authorization which was 
approved by EPA effective on April 9, 1990. Subsequent program revision 
applications were approved effective on June 5, 1992, August 10, 1992, 
June 11, 1995, January 19, 1999, July 1, 2002, March 10, 2004, July 22, 
2005, February 26, 2007 and December 23, 2008.
    (b) The State of Idaho has primary responsibility for enforcing its 
hazardous waste management program. However, EPA retains the authority 
to exercise its inspection and enforcement authorities in accordance 
with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 
6934, 6973, and any other applicable statutory and regulatory 
provisions, regardless of whether the State has taken its own actions, 
as well as in accordance with other statutory and regulatory 
provisions.
    (c) State Statutes and Regulations. (1) The Idaho statutes and 
regulations cited in this paragraph are incorporated by reference as 
part of the hazardous waste management program under subtitle C of 
RCRA, 42 U.S.C. 6921 et seq.
    (i) 2010 Codification of EPA-Approved Idaho Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program, December 2008.
    (ii) [Reserved]
    (2) EPA considered the following statutes and regulations in 
evaluating the State program but is not incorporating them herein for 
enforcement purposes:
    (i) Idaho Code (I.C.) containing the General Laws of Idaho 
Annotated, Title 39, Chapter 44, ``Hazardous Waste Management'', 
published in 2002 by the Michie Company, Law Publishers: sections 39-
4404; 39-4405 (except 39-4405(8)); 39-4406; 39-4407; 39-4408(4); 39-
4409(2) (except first sentence); 39-4409(3); 39-4409(4) (first 
sentence); 39-4410; 39-4411(1); 39-4411(3); 39-4411(6); 39-4412 through 
39-4416; 39-4418; 39-4419; 39-4421; 39-4422; and 39-4423(3)(a) & (b).
    (ii) Idaho Code (I.C.) containing the General Laws of Idaho 
Annotated, Title 39, Chapter 58, ``Hazardous Waste Facility Siting 
Act'', published in 2002 by the Michie Company, Law Publishers: 
sections 39-5804; 39-5809; 39-5810; 39-5813(2); 39-5814; 39-5816; 39-
5817; and 39-5818(1).
    (iii) Idaho Code (I.C.) containing the General Laws of Idaho 
Annotated, Volume 2, Title 9, Chapter 3, ``Public Writings'', published 
in 1990 by the Michie Company, Law Publishers, Charlottesville, 
Virginia: sections 9-337(10); 9-337(11); 9-338; 9-339; and 9-344(2).
    (iv) 2002 Cumulative Pocket Supplement to the Idaho Code (I.C.), 
Volume 2, Title 9, Chapter 3, ``Public Writing'', published in 2002 by 
the Michie Company, Law Publishers, Charlottesville, Virginia: sections 
9- 340A, 9-340B, and 9-343.
    (v) Idaho Department of Environmental Quality Rules and 
Regulations, Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5, 
``Rules and Standards for Hazardous Waste'', as published July 2008: 
sections 58.01.05.000; 58.01.05.356.02 through 58.01.05.356.05; 
58.01.05.800; 58.01.05.850; 58.01.05.996; 58.01.05.997; and 
58.01.05.999.
    (3) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the authorized 
program, are not incorporated by reference, and are not Federally 
enforceable:
    (i) Idaho Code containing the General Laws of Idaho Annotated, 
Title 39,

[[Page 17313]]

Chapter 44, ``Hazardous Waste Management'', published in 2002 by the 
Michie Company, Law Publishers: sections 39-4403(6) & (14); 39-4428 and 
39-4429.
    (ii) 2004 Cumulative Pocket Supplement to the Idaho Code (I.C.), 
Volume 39, Title 44, ``Hazardous Waste Management'', published in 2004 
by the Michie Company, Law Publishers, Charlottesville, Virginia: 
section 39-4427.
    (iii) Idaho Code containing the General Laws of Idaho Annotated, 
Title 39, Chapter 58, ``Hazardous Waste Siting Act'', published in 2002 
by the Michie Company, Law Publishers: section 39-5813(3).
    (iv) Idaho Department of Environmental Quality Rules and 
Regulations, Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5, 
``Rules and Standards for Hazardous Waste'', as published July 2008: 
sections 58.01.05.355; and 58.01.05.500.
    (4) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 10 and the State of Idaho (IDEQ), signed by the EPA Regional 
Administrator on August 1, 2001, although not incorporated by 
reference, is referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921, et seq.
    (5) Statement of Legal Authority. The ``Attorney General's 
Statement for Final Authorization,'' signed by the Attorney General of 
Idaho on July 5, 1988, and revisions, supplements and addenda to that 
Statement, dated July 3, 1989, February 13, 1992, December 29, 1994, 
September 16, 1996, October 3, 1997, April 6, 2001, September 11, 2002, 
September 22, 2004, June 13, 2006, September 29, 2006 and June 23, 
2008, although not incorporated by reference, are referenced as part of 
the authorized hazardous waste management program under subtitle C of 
RCRA, 42 U.S.C. 6921, et seq.
    (6) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto, although not incorporated by reference, are 
referenced as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

0
3. Appendix A to part 272 is amended by revising the listing for 
``Idaho'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Idaho

    (a) The statutory provisions include:
    Idaho Code containing the General Laws of Idaho Annotated, Title 
39, Chapter 44, ``Hazardous Waste Management'', 2002: sections 39-
4402; 39-4403 (except 39- 4403(6) & (14)); 39-4408(1)-(3); 39-
4409(1) (except fourth and fifth sentences); 39-4409(2) (only the 
first sentence); 39-4409(4) (except first sentence); 39-4409(5); 39-
4409(6); 39- 4409(7); 39-4409(8); 39-4411(2); 39-4411(4); 39-
4411(5); 39-4423 (except 39-4423(3)(a) & (b)); and 39-4424.
    Idaho Code containing the General Laws of Idaho Annotated, Title 
39, Chapter 58, ``Hazardous Waste Facility Siting Act'', published 
in 2002 by the Michie Company, Law Publishers: sections 39-5802; 39-
5803; 39-5808; 39-5811; 39-5813(1); and 39-5818(2). Copies of the 
Idaho statutes that are incorporated by reference are available from 
Michie Company, Law Publishers, 1 Town Hall Square, Charlottesville, 
VA 22906-7587.
    (b) The regulatory provisions include:
    Idaho Department of Environmental Quality Rules and Regulations, 
Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5, ``Rules and 
Standards for Hazardous Waste'', as published on July 2008: sections 
58.01.05.001; 58.01.05.002; 58.01.05.003; 58.01.05.004; 
58.01.05.005; 58.01.05.006; 58.01.05.007; 58.01.05.008; 
58.01.05.009; 58.01.05.010; 58.01.05.011; 58.01.05.012; 
58.01.05.013; 58.01.05.014; 58.01.05.015; 58.01.05.016; 
58.01.05.018; 58.01.05.356.01; and 58.01.05.998.
* * * * *
[FR Doc. 2010-7647 Filed 4-5-10; 8:45 am]
BILLING CODE 6560-50-P
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