APPENDIX I 
ATTORNEY GENERAL'S 


STATEMENT FOR FINAL 


AUTHORIZATION OF CHANGES TO THE 


FEDERAL RCRA PROGRAM THROUGH JULY 1,2010 


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 ofJdaho provide 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 

October 201 I. The October 201 I Program Description amends and supplements IDEQ's previous 

Program Descriptions and includes those federally delegable rules promUlgated after July 1, 2007 and 

codified in the code offederal regulations (CFR) as of July 1,2010. The specific authorities provided 

are contained in statutes or rules 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 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, June 13,2006 as amended by addendum dated September 

29,2006 and Attorney General's Statement dated June 23, 2008. 

Regulatory Equivalencv 

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

amended, Idaho Code §§ 39-4401, et seq., and the Idaho Department of Environmental 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 of Idaho on April 7, 2011, and incorporates by reterence 

Federal hazardous waste regulations promulgated as of July I, 20 I 0 (Idaho Code §§ 39-4401, el seq., 

39-103,39-104,39-105,39-106, 9-337,et seq .• 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 of Idaho is seeking authorization for those delegable provisions of the Federal 

Regulations which the State incorporated by reference as of July I, 2010. 

Idaho Revised Authorization Application 


October 20 I I 


Page-I 

TABLE 1. 

State Authority is: 

State Statutory Federal Citation Citation for Equivalent and/or Authority which Idaho is Broader in Scope Citation seeking (Idaho authorization Code) (IDAPA) 

39-4405 40 CFR Part 260 58.0L05.004

All In effect on subparts as incorporated by reference as of July], 2010. Effective 

July 1,2010 Equivalent For the purposes of 40 eFR 260.20, "federal Register" shall 04/07111

be defined as the Idaho Administrative Bulletin 

39-4405 Equivalent 

All subparts including appendices as incorporated by 

40 CPR Part 261 58.D1.05.005

Effective & 39-4407 

reference as ofJuly I, 20 IO. for purposes of40 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 

purposes of 40 eFR 261.41 (a), Regional Administrator shall 

be defined as U.S. Environmental Protection Agency Region 

10 Regional Administrator. For purposes of 40 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 of Idaho, Inc. 

! 58.0105.006 39-4405 Equivalent, except as 

All subparts as incorporated by reference as ofJuly I, 20 I 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 effect on 

copy of exception 

be filed with EPA and the Director oflDEQ shall be copied. 

I.e. § 39­ July 1,2010

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 Emergency Notification broader in scope~ 2, 

Requirements in 40 CFR 262.34(a)(4). the State The. The requirement to 

Communications Center must also be contacted at 1-800­ provide emergency 

notifications to JDEQ )s 

Section 39-4411(4) of the 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) of the 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 provisions than what is required by the TSDF's to provide 

federal hazardous waste program. annual hazardous waste 

reports are each more 

stringent than the 

federal regulations. 

Idaho Revised Authorization Application 


October 20 I 1 


Page-2 

I 40 CFR ParI 263 58.1)1.05.007 39-4410 Equivalent 

. All sUbparts as incorporated by reference as of July 1,2010. Effective In effect on 

04/07111 July 1.2010 

40 CFR Part 264 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 Administrator or 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 Part 266 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. 

40 CFR Part 268 

All subparts as incorpomted by reference as of July I. 2010. 

If the Administrator of EPA grants a case·by-case variance 

pursuant to 268.5, that variance will simultaneously create 

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 of restricted waste as found at 

39-4403( I 7).39-4405(9) and 39-4423which provide i statutory authority to regulate the disposal of radioactive 


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 

provisions that regulate 

materials not regulated 

by the AEA are broader 

in scope. 

: 

Equivalent 

: Equivalent 

Idaho Revised Authorization A.pplication 


October 20 II 


Page-3 

40 CFR Part 278 

! 

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 Part 279 

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 B us incorporated by reference as ofJuly I, 

2010, excepttbat 40 CFR 124.19, the fourth sentence of 40 

CFR 124.31(.), the third sentence of 40 CFR 124.32(.), and 

the second senlence of 40 CFR 124.33(.) are expressly 

omitted from the Incorporation by reference of each of those 

subsections. For purposes of 40 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 

. 

~1 

10 //< I _____

. Darre I G, Early 

Office of the Attorney General 


State of Idaho 


Idaho Revised Authorization Application 


October 20 II 


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