APPENDIX I 
ATTORNEY GENERAL'S 


STATEMENT FOR FINAL 


AUTHORIZATION OF CHANGES TO TH E 


FEDERAL ReRA PROGRAM THROUGH JULY 1,2013 


I hereby certify, pursuant to my authority as Deputy Atto rney General assigned to represent the 

Idaho Department of Environmental Quality (lDEQ) and in accordance with Section 3006(b) of the 

Resource Conservation and Recovery Act (RCRA), as amended by the Hazardous and Sol id Waste 

Amendments of 1984 (42 US.c. 6901, el seq.), and 40 CFR Part 27 1.7, that in my opinion, the laws of 

the State of Idaho provide adequate authority to cany out the revised program se t fOl1h in the revised 

"Program Description" submitted by the IDEQ to the u.S. Environmental Protection Agency (EPA) 

dated January, 20 15. This Program Description amends and suppl ements IDEQ's previous Program 

Descriptions and includes those federally delegable rules promulgated after July I, 20 I 0 and codified 

in the code of fede ral regulations (CFR) as ot' July 1,2013. The specific authorities provided are 

contained in statutes or rules lawfully adopted and effective at the time this Statement is signed. In my 

opinion, statutes relied on in previously approved authorization applications have not been ame nded, 

modified or revised by statute or judicial decision in a way that diminishes and interferes with the 

authority to carry out the previously authorized hazardous waste program to meet the requirements of 

40 CFR Part 271, Subpart A. T]-;is certification amends and supplements the Attorney General's 

Statement dated Jul y 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, 200 I, September II , 2002, Seplember 22, 2004, June 13, 2006 as amended by 

addendum dated September 29, 2006, Attorney General's Statements daled June 23, 2008 and October 

14, 2011 as clarified in a letter dated Jul y 11 , 2012. 

RegulatolY Equivalency 

The State of Idaho, Department of Environmental Quality is authorized pursuant to Idaho Code 

§ 39-4404 and Idaho Code § 67-5229 to incorporate federal hazardous waste regulations by reference. 

As set forth below, the provisions of the Hazard ous Waste Management Act of 1983, as 

amended, Idaho Code §§ 39-4401, el seq., and the Idaho Depal1ment of Environmenta l Qua lity Rules 

anu Standards for Haza rdous Waste, lDAPA 58.0 1,05.000, el seq., adopted pursuan t to that statutory 

authority, meet federa l requirements for equi valency and final authori za tion. IDAPA 58.0 1. 05.000, el 

seq. , was adopted and effective in the State of Idaho on April 4, 2013, and in corporates by reference 

Federal haza rd ous waste regulations promul gated as of July 1,2012 (Idaho Code §§ 39-4401, el seq. , 

39-103,39-104,39-1 05,39- 106 , 9-337,el seq, 67-2402,67-2406). 

Except for those exceptions identified in IDAPA 580105 , or as otherwise specified in Table 

1, below the State of Idaho is seeking authorization for those delegable provisions of the Federal 

Regula tions which the State incorporJted b refcrcnce as of July 1, 20 12. No federal ha zardous waste 

regulations were promulgated between Jul y 1,2012 and Jul y 1,2013. 

Idaho Revised Authori zation Application 


January 20 15 


Page- t 
T AI.P. I. 

State Authority is: 

Stute Statutory 

Federal C itation Citation for AUlho ,-ity Equivalent and/or 

Broader in Scope 

sceldng 

which Idl't ho is C ilfllion 

(Id.ho 

:iuthoriz:ltion Code) 

(IDAPA) 

58.0 1.05 .004 39-4405 Equi valent 

A ll subpi\rts except 260. 2 are incorporated by reference as of 

40 efR Pari 260 

Effec ti ve In effect o n 

July 1,2012. 04/0411 3 July 1. 2013 

40 CFR Pa l" 261 58 .0 1.05.005 39-4405 & Equivalen1. except the 

requi remenl to provide 

re ference as o f Ju ly 1. 2012 excepllhe language "in the 

All subparts including appendices as incorpora ted b)1 Effective 19-4407 In 

0·-1.'04/ 1 J efleel on ad vance no tifi cati o n 

Region where the sample has been collected" in 40 e FR ParI Ju lyl ,20lJ copies to the Director 

261.4(e)(3)(iii). For purposes of 40 CFR 261.4 I (a), ,he state under subpart 261.41 (a) 

rul e also requires that copies ofadv<1nce notifieation shotl ld is broader in scope. 

also be sent to the Director. I daho has fldop ted a statespecific rul e which delists chemicall y stabilized K061 waste 

, t U.S. EcoloAY o f Idaho, Inc 

58.0 1.05.006 39-4 40 5 Equ ivalem, except as 

All subparts as incorporated by reference <I S o f Jul y 1,2012 

40 CI'R Pari 262 

& 39-44 11 follows : I The 

except fo r the language "fo r the Region in which the 

Effective 

reCJuirement 10 provide a 

gene rator is located" in 40 CFR :'62.42(.)(2) and 40 CFR 

0·1'04/ 13 In effect on 

copy of advance 

262.42(b) and that adva nce Ilotilication, exception repons 

I.C § 39­ Jul y 1.2013

not ification, exception 

and annual reports, in accordance with 262.53 ,262.55, and 

4411(2), (4) & 

reports find annual (5) 

262 .56 shall be fil ed with EPA and ,he Director o f ID EO reporiS under subparts 

shall be copied. In addition to the Emergency Notification 262 .5 3, 262.55 .nd 

Requirements in 40 CFR 262.34(a )(4) which references 40 162.56 to IDEO is 

CFR 265.5G(d), the State Communications Ceiller mllst also broader in scope; 2. The 

be co ntacted at 1-800-632-8000. requirement to prov ide 

Secti on 39-441 I (4) of the Hazardolls Waste Mal1ngcment emerge ncy notifications 

Ac t of 1983. as lImended , (HWMA). requires hazardous to IDEQ is more 

waste generators to file annual hazardous waste gent ralion stringent: J. The 

reports. Section 39-4411 (5 ) o f the HWMA requires statutory provisions for 

commereial h(lza rdous waste disposal faci lities 10 fi le (Ill which the 

antlllal hllZMdous wClste report on waste received. Th~ e are State is seeking 

more stringe nt prov isions than what is requln,: d by the authori :wtion which 

fede rCl I hazardous waste program. require generators and 

TSDF's to provide 

annual hazardous waste 

rt ports are each morC 

stringent than the 

ft deral regulations. 

Idaho Rev ised Authorization Applical i!111 


January 20 l5 


Page-2 

40 CFR Part 263 

All subparts as incorporated by reference as of July I> 2012. 

40 CFR Part 264 

All subparts as incorporated by reference as of July 1,2012 

except 40 CFR 264.1 (f), 264.149,264 .150,264.301 (11, 

264.10501 g) 264 .10801 e), 264 10801 f) and 264. I 08 0( g). 

58 .0 1.05. 007 

Effective 

04/04/13 

58. 01 .05.008 

FffL' l.; tive 

04/04/ 13 

39-4410 

In effecl on 

July 1, 2013 

39-4409(3 ) 

In effect on 

Jul y 1, 20 13 

Equivalent 

Equivalent 

40 CFR Part 265 

All subp,u1s as incorporated by reference as o f July 1, 2012 

except Subpal1 R, 40 CFR 265.1 Ic)(4), 265.14 9, 265 .1 50, 

265.1 030(cl. 265.1050(f), 265.l080(el, 265 .l0801 f) 

65.1 080(£ ), and except the )nngu<tge conta ined ;114 0 CFR 

265 .340(b)(2) as replaced wi th, "The follow ing reqa iremellis 

continue to apply even when the owner or operator has 

demonslrmed compliance w ith the MACT requirements of 

parI 63, s ubpal1 EEE of this chapter: -lO CFR 265 .35 1 

(closure) and (he applicable requirements o f Subparts A 

through 1-1 , BB and CC of this p<u1 ." . 

58.0 1. 05.009 

Effecti ve 

04/04/ 13 

39-4409( 3 I 

In effect on 

Jlll y 1, 20 13 

Equivalent 

40 CFR Pari 266 

All subparts as incorporated by re ference as of Ju ly 1,2012. 

. 0 1.05.0 lO 

Effective 

04/04113 

39-4405 

In effect on 

Jul y 1, 2013 

Equi val enl 

40 CrR Port 267 

All sUbgarts as illcorr:orClted by re feren ce as of July 1, 10 12 excepl 0 CFR 267. 50. 

58 01.05.01 8 

Effcctive 

04/0411 3 

39 -4409(3 ) 

In e fred on Jlll y 1, 20 13 

Equi valent 

40 CrR Part 268 

All subpClrts as incorporated by reference as of July 1, 20 12 

excepl 40 crR 268.l(e)(3) 268.5, 268.6, 268.1 ]. J 68 .42(b) 

and 268.44(a) Ihrough (g). For 268.7(a)(9)(iii), "D009" is 

excluded. I f the Administrator of EPA grants a case-by-case 

variance pursuant 10 268.5, that variance will simul taneously 

create the same case-by-case variance in the equivalent Idaho 

rule. This is a sl(1te- specific rule included in IDAPA 

58.01.05.011. 

IDA PA 58.01.05.0 I I refers to certain provisions in the 

Hazardous Waste Management Act of 1983, as amend ed, 

concerning the land disposed of restricted waste as found at 

39-4403( 17),39-4405(9) and 39-4423 which provide 

statutory authority to regulate the disposal of radioactive 

mate rials 110t regulated unde r the Atomic e ne rgy Act of 

1954,asamended(AEA) allDAPA 58.01.10. Idaho is not 

cek in ~ ~uthoril.alion for thcse broader in scope parts. 

40 CFR Part 270 

J\II subparts as incorporated by reference as o f July 1,201 2 

cxcepl40 CFR 270.12(a) and 270.14(b)( 18 ). 

580 1.05 .0 II 

Effeclive 

04/04/ 13 

58.0 1 05 .0 12 

Effecti ve 

04/04/ 13 

39-4 405 

& 39­

44 08(4) 

In effect on 

Jlll y 1,20 13 

39-4409(J) 

In effect on 

Jul y 1, 20 13 

Equi val ent, except as 

foll ows: 1. The statespecifICrul e all owing 

for a simultaneoll s 

variancc, as described, 

is broad er in seope; nnd 

2. The State statutory 

and regulatory 

provi sions that regulate 

lllflterials not regulated 

by the A EA are broader 

in scope. 

Equival ent 

, 

40 eFR Part 273 

:\ II Subparts as incorporated by reference as of July 1,2012. 

58.0 1.05.0 16 

Effeclive 

04 /04/13 

39-4405 

In effect on 

Julv 1, 20 13 

Equi va lent 

Idaho Revised Authori zation Appl ication 


January 20 15 


Page-3 

40 CrR I'.rt 278 

All SlIbpflrt s t\S incorporated by reference?s of Jul y 1,20 12 

580 1.05 .0 17 

Effective 

04/04/ 13 

39-4405 

In efTec l on 

Jul y I. 2013 

Equivaicni 

40 CFR Port 279 

All subparts as incorpora ted by reference as of Ju ly 1, 20 12. 

Idaho is nol seeking aUlhori zat ion for 279.82( b). 

5801.05.0 I 5 

EfTt:c ti ve 

0410411 3 

39-4405 

In effect 0 11 

Jul y 1, 20 13 

Equi valent 

40 CFR Port 124 

Subpnns A, Band G as incorporated by reference ns of July 

I. 20 12, except that 40 CF R 124.19, the fou rth sen tence of 

40 CFR 124.3I(a), th e third selltell ee of40 CF R 124.32(.), 

and secolllJ sentence of 40 CF R ) 24.33(a) are express ly 

om illed from incorporation hy reference of each of th ose 

subsections. 

58.01.05013 

Effec ti ve 

04/04113 

39-4405(4) 

III effect 0 11 

.Iuly 1,2013 

Equivalent 

RCRA §300SG) 580 1.05008 

Effecti ve 

04104/ 13 

58.0 1 05.009 

Effective 

04/04 / 13 

39-4405, 

39-4408 

& 39-4409 

111 efTect on 

July 1,20 13 

Eq ui vt\ lenl 

RCRA §3006(f) 5B.0 1.05.997EfT 

eetive 04/05/00 

9-337, et 

seq. 

39-4411 (J) 

In effect on 

Jul y 1,20 13 

Eq ui va lent 

Darrell 

Deputy 

G. 

Atto

Ea

rn

rly 

ey General Dated: /0~ Office of the Attorney General 

State of Idaho 

Idaho Revised Authorization Applica ti on 


January 20 15 


Pagt-4