# I APPENDIX

## ATTORNEY GENERAL'S STATEMENTFORFINAL AUTHORIZATION OFCHANGES TOTHE FEDERALRCRA PROGRAM THROUGH JULY 1,2010

Ihereby certify, pursuant to my authority as Deputy Attorney General assigned to represent the 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 CFR Part 271.7, that in my opinion, the laws of the State ofJdahoprovide adequate authority to carry out the revised program set forth in the revised "Progranl Description" submitted by the IDEQ to the U.S. Environmental Protection Agency (EPA) in October201 I. The October 201 I Program Description amends and supplements IDEQ's previous Program Descriptions and includes those federally delegable rules promUlgated afterJuly 1, 2007 and codified in the code offederal regulations (CFR) as ofJuly 1,2010. The specific authorities provided

are contained in statutes orrules lawfully adopted and effective at the time this Statement is signed. This certitieation amends and supplements the Attorney General's Statement dated July 5, 1988, as amended and supplemented by letterdated June 3, 1989 and Attorney General's Statementsdated February 13, 1992, December 29, 1994, September 16, 1996, October 3, 1997, April 6, 2001, September 11,2002, September22,2004, June 13,2006as amended by addendum dated September 29,2006 and Attorney General's Statementdated June 23, 2008.



## Regulatory Equivalencv

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

## etseq., and the Idaho Department ofEnvironmental Quality Rules and Standards for Hazardous Waste, IDAPA 58.01.05.000, 

## el 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 April 7, 2011, and incorporates by reterence Federal hazardous waste regulations promulgated as ofJuly I, 20I 0 (Idaho Code 

## §§ 39-4401, 

## elseq., 39-103,39-104,39-105,39-106, 9-337,etseq.• 67-2402,67-2406). Except for those exceptions identified in IDAPA 58.01.05, or as otheru,ise specified in Table I, below the State ofIdaho is seeking authorization for those delegable provisions ofthe Federal Regulations which the State incorporated by reference as ofJuly I, 2010.

Idaho Revised Authorization Application 

### October 20I I Page-ITABLE 

### 1.

State Authority is:

State Statutory 

### Equivalent and/or Citation for Federal Citation Authority which Idaho is 

### Broaderin Scope Citation seeking (Idaho authorization Code)

(IDAPA)

39-4405 58.0L05.004 40 CFR Part 260 

### In effect on All subparts as incorporated 

### by reference

### as ofJuly], 2010. Effective July 1,2010 Equivalent 04/07111 Forthe purposes of40 eFR 260.20, "federal Register" shall be defined as the Idaho Administrative Bulletin

39-4405 Equivalent All subparts including appendices as incorporated by 58.D1.05.005 40 CPR Part261 Effective & 39-4407 reference 

### as ofJuly 

### I, 20I

### O. for purposes of

### 40 CFR 261.1

### 0 04/07111 

### In effect on and 40 ePR 260.11, "Administrator"shall be defined as the July 

### 1. 2010 

### U.s. Environmental Protection Agency Administrator. For purposesof40eFR 261.41(a), Regional Administrator shall be defined 

### as U.S. Environmental Protection Agency Region 10 Regional Administrator. For purposes of40 eFR 26L4(b)(ll)(ii), 40 eFR 26139(a)(5),and 

### 40 CFR 261 Appendix IX, "EPA" shall be defined as the 

### U.S. Environmental Protection Agency. Idaho has adopted a stale-specific rule which delisls chemically stabilized K061 waste al U.S. Ecology ofIdaho, Inc.

! 58.0105.006 39-4405 Equivalent, except as All subparts as incorporated by reference as ofJuly I, 20I

### 0 40 ePR Part 262 follows: 1. The and that advance notification. annual reports, and exception Effective & 39-4411 

### requirement to provide a reports in accordance with 262.53, 262.55, and 262.56 shall 04/07/11 III effecton copyofexception be filed with EPA and the Director oflDEQ shall 

### be copied. July 1,2010 

### I.e. § 39­ reports under subparts All references to EPA in 262.21, 262.51,262.53, 262.54(e), 4411(2). (4) & 262.54,262.55 and 262.54(g)( I), 262.57(b). 262.60 and 262.85(g) shall remain (5) 262.56 to IDEQ is defined as EPA. In addition to the EmergencyNotification broader in**scope~** 2, Requirements in 40 CFR 262.34(a)(4). the State The. Therequirement to Communications Center must also be contacted at 1-800­ provide emergency notificationsto 

### JDEQ )s Section 39-4411(4) ofthe Hazardous Waste Management 632-8000.

more stringent; 3. The Act 

### of 1983, as amended, (HWMA), requires hazardous statutory provisions for 

### waste generators to file annual hazardous waste generation which the reports. Section 39-4411(5) ofthe HWMA requires State is seeking commercial hazardous waste djsPQsal facilities to file an authorization which 

### annual hazardous waste report on waste received. These are require generators and

more stringent provisionsthan what is required by the TSDF's to provide federal hazardous wasteprogram. annual hazardous waste reports are each more

stringent

### than the federal regulations.

Idaho Revised Authorization Application October20I 1 Page-2

# I 40 CFR ParI263 58.1)1.05.007 39-4410 Equivalent

. All sUbparts 

### as incorporated by reference as ofJuly 1,2010. Effective In effect on 04/07111 July 1.2010

40 CFRPart264 58.01.05.008 39-4409(3) Equivalent All subparts 

### as incorporated by reference as ofJuly 1,2010. Effective In effect on All references 10 the Regional Administrator or EPA in 04/07/11 July 1,2010 2M.12(0) shall be defined as the EPA Regional Administrator or EPA. All references to EPA in 264.71 (a)(3) and 264.1082(c)(4)(ii) shall remain defined as EPA.

40 CFR Part 265 All subparts 

### as incorporated by reference as ofJuly 1,2010. All references to the Regional Administratoror EPA in 265.12(0) shall be defined 

### as the EPA Regional Administrator or EPA. All references to EPA in
! 265.71(a)(3) shall remain defined as EPA. S8.oJ .05.009 39-4409(3) Equivalent Effective In effect on 04107/11 July 1,2010 

### :

i

: 40 CFR Part266 

## i 58.01.05.010 

# I 39-4405 Equivalent

All subparts as incorporated by reference as ofJuly 1,2010. Effective 

### ! In effect on 04/07111 July 1,2010 

### :

40 CFR Part 267 All**sub~arts** 

### as incorporated by reference 

### as ofJuly 1,2010 except 67.150.

40CFR Part 268 All subparts as incorpomted by reference as ofJuly 

### I. 2010. Ifthe Administrator ofEPA grants a case·by-case variance pursuantto 268.5,that variance

### will simultaneouslycreate the same**case·by~case** variance in the equivalent Idaho rule, This is a state'specific rule included in IDAPA 58.01.05.01 I. All references to EPA in 268.(2)0) shall remain defined as EPA. IDAPA 58.01.05.011 refers to certain provisions in the Hazardous Waste Management Act of 1983, as amended. concerning the land disposal ofrestricted waste as found at 39-4403(I7).39-4405(9) and 39-4423which provide 

## i statutory authority to regulate the disposal ofradioactive

materials not regulated under the Atomic Energy Act of 1954, 

### as amended (AEA) at IDAPA 58.0LlO. Idaho is not seeking authorization for these broader in scope parts.

40 CFR Part 270 All subparts as incorporated by reference as ofJuly 

### 1, 20

### IO. for purpases 01'40 CFR 270.2, 270.5, 270.IO(e)(2), 270.IO(e)(3), 270.IO(f)(3), 270.72(a)(5) and 270.72(b)(5). EPA shall remain defined 

### as EPA.

40 CFR Part 273 All Subparts as incorporated by reference 

### as ofJuly 1,2010.

i 39-4409(3) Effective In effect on**58.01.05.01~** 

### : 04/07/11 July 1,2010

i
58.01.050

### II 39-4405

Effective & 39­ 04/07/11 4408(4) In effect on July 1.2010

39-4409(3) Effective 58.01.05.012 In effect on 04107/11 July 1.2010

58.01.05.016 39-4405 Effeclive lin effect on 0410711 I July 1.2010 Equivalent

Equivalent, except

### as follows: 

### I. The statespecific rule allowing for a simultaneous 

### variance. as describedl is broader in**scope~** and 

### 2. The State statutory and regulatory provisionsthat regulate materials not regulated by the AEA are broader in scope.

:

Equivalent

: Equivalent



### Idaho Revised Authorization A.pplication October 20 II Page-340 CFR Part278 

### ! All subparts as incorporated 

### by reference 

### as ofJuly 1,2010 

# !
58.0l.05.017 Effective 0410711 I 39-4405 In effect on July 1,2010 Equivalent

40 CFR Part279 All subparts as incorporated 

### by reference as ofJuly 1,2010. Idaho is not seeking authorization 

### for 279.82(b). 58.0l.05.015 Effective 04107111 39-4405 In effect on July 1,2010 Equivalent

i 40 CFR Part 124

Subparts A .nd 

### Bus incorporated 

### by reference 

### as ofJuly I, 2010, excepttbat 40 CFR 124.19, the fourth sentence

### of40 CFR 124.31(.),the third sentence 

### of40 CFR 124.32(.), 

### and the second senlence of40 CFR 124.33(.) are expressly omitted from the Incorporation 

### by reference ofeach 

### ofthose subsections. For purposes of40 eFR 124.6(e), 124.10(b) 

### and 124.IO(c)(I)O') 

### EPA shall remain defined 

### as EPA. 58.01.05.013 Effective 04/07/11

i 39-4405(4) 

### In effect on July 1.2010



### ! Equivalent

RCRA §3005(j) i 58.0l.05.008 Effective 39-4405. 394408 Equivalent

04107111 & 39-4409 58.01.05.009 In effect on 

### I Effective Joly 1.2010 0410711 I

i ReRA §3006(f) 58.01.05.997 9-337. et Equivalent Effective seq. 04/05100 39-4411(3; [n effect on July 1,2010

# ~~"'--c'-~~ Deputy Attorney General 

# . 10 //< I

_____

# ~1

. Darre I G, Early

Office ofthe Attorney General State ofIdaho

Idaho Revised Authorization Application October 

### 20 II Page4