[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Proposed Rules]
[Pages 75098-75102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24202]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[EPA-R10-RCRA-2005-0465, FRL-8009-9]
Idaho: Incorporation by Reference of Approved State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Resource Conservation and Recovery Act, as amended, 42
U.S.C. 6901 to 6992k (RCRA), allows EPA to authorize State hazardous
waste management programs if EPA finds that such programs are
equivalent to and consistent with the Federal program and provide
adequate enforcement of compliance. Title 40 of the Code of Federal
Regulations (CFR) part 272 is used by EPA to codify its decision to
authorize individual State programs and incorporates by reference those
provisions of the State statutes and regulations that are subject to
EPA's inspection and enforcement authorities as authorized provisions
of the State's program. This rule proposes to revise the codification
of the Idaho authorized program at 40 CFR part 272, subpart N.
DATES: Comments on this proposed action must be received by the close
of business January 18, 2006. If EPA receives significant comments on
this proposed action, EPA will respond to such comments in the Federal
Register at the time EPA publishes a final rule.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2005-0465 by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: [email protected].
Mail: Jeff Hunt, U.S. EPA, Region 10, 1200 Sixth Avenue,
Mail Stop AWT-122, Seattle, WA 98101.
Instructions: Direct your comments to Docket ID No. EPA-R10-RCRA-
2005-0465 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 www.regulations.gov
or e-mail. The 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
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
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, WA 98101. This Docket Facility is
open from 8:30 a.m. to 4 p.m. Monday through Friday, excluding legal
holidays. The library telephone number is 206-553-1289.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, U.S. EPA, Region 10, 1200
Sixth Avenue, Mail stop WCM-122, Seattle, WA 98101, e-mail:
[email protected], phone number (206) 553-0256.
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.
Today's action proposes to codify EPA's authorization of revisions
to Idaho's hazardous waste management program. This proposed
codification
[[Page 75099]]
reflects the State program in effect at the time EPA authorized
revisions to the Idaho hazardous waste management program in a final
rule dated July 22, 2005 (70 FR 42273). Notice and an opportunity for
comment regarding the revisions to the authorized State program were
provided to the public at the time those revisions were proposed. EPA
is not reopening its decisions 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), and July 22, 2005 (70 FR 42273).
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), and March 8, 2005 (70 FR 11132). In this
action, EPA is proposing to revise subpart N of 40 CFR part 272, to
include the most recent authorization revision effective July 22, 2005
(70 FR 42273).
C. What Decisions Have We Proposed in This Action?
Today's action proposes to codify EPA's authorization of revisions
to Idaho's hazardous waste management program. The proposed
codification will incorporate by reference the most recent version of
the State's authorized hazardous waste management regulations. This
proposed action does not reopen any decision EPA previously made
concerning the authorization of the State's hazardous waste management
program. EPA is not requesting comments on its decisions published in
the Federal Register as referenced in Section B of this document
concerning revisions to the authorized program in Idaho.
EPA is proposing to incorporate by reference the authorized
revisions to the Idaho hazardous waste program by revising subpart N of
40 CFR part 272. 40 CFR 272.651 currently incorporates by reference
Idaho's authorized hazardous waste program, as amended, through 2004.
Section 272.651 also references 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, Sec. 272.651
references 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 proposes to update
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 July
22, 2005.
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 proposing to incorporate 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. 40 CFR 272.651(b)(2) lists these
authorities for informational purposes, and also because EPA considered
them in determining the adequacy of Idaho's enforcement authorities.
This action proposes to revise 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) currently 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 proposes to update that list for
``broader in scope'' provisions EPA identified in recent authorization
actions for revisions 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.
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.
The proposed 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
[[Page 75100]]
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 action proposes to codify EPA-authorized hazardous waste
management requirements pursuant to RCRA section 3006 and imposes no
requirements other than those imposed by State law (see SUPPLEMENTARY
INFORMATION). Therefore, EPA has assessed this proposed action for
compliance with applicable executive orders and statutory provisions as
follows:
1. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant,''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may: (1) Have an annual
effect on the economy of $100 million or more, or adversely affect in a
material way, the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local or tribal governments or communities; (2) create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; (3) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs, or the rights and
obligations of recipients thereof; or (4) raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order. EPA has tentatively
determined that this proposed rule is not a ``significant regulatory
action'' under the terms of Executive Order 12866 and is therefore not
subject to OMB review.
2. Paperwork Reduction Act
The Paperwork Reduction Act, 44 U.S.C. 3501, et seq., is intended
to minimize the reporting and recordkeeping burden on the regulated
community, as well as to minimize the cost of Federal information
collection and dissemination. In general, the Act requires that
information requests and recordkeeping requirements affecting ten or
more non-Federal respondents be approved by OPM. Since this proposed
rule does not establish or modify any information or recordkeeping
requirements for the regulated community, EPA has tentatively
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
today's proposed 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 tentatively determined that this proposed action will not have a
significant impact on small entities because the proposed action will
only have the effect of authorizing pre-existing requirements under
State law. After considering the economic impacts of today's proposed
action, I propose to certify that this action will not have a
significant economic impact on a substantial number of small entities.
4. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub.
Law 104-4) establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
year. Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why the
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements. This proposed rule contains no Federal mandates (under
the regulatory provisions of Title II of the UMRA) for State, local or
tribal governments or the private sector. It imposes no new enforceable
duty on any State, local or tribal governments or the private sector.
This proposed rule contains no regulatory requirements that might
significantly or uniquely affect small government entities. Thus, EPA
has tentatively determined that the requirements of section 203 of the
UMRA do not apply to this proposed rule.
5. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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 various levels of government.'' This proposed
rule does not have federalism
[[Page 75101]]
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
various levels of government, as specified in Executive Order 13132.
This proposed rule addresses the codification of the authorized State
hazardous waste program in Idaho. Thus, EPA has tentatively determined
that Executive Order 13132 does not apply to this proposed rule.
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have tribal implications, as specified in Executive Order 13175. Thus,
EPA has tentatively determined that Executive Order 13175 does not
apply to this rule.
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 applies to any rule that: (1) Is determined
to be ``economically significant'' as defined under Executive Order
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. EPA has tentatively determined that this proposed rule
is not subject to Executive Order 13045 because it is not economically
significant as defined in Executive Order 12866 and because the Agency
does not have reason to believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
EPA has tentatively determined that this rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'' (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 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
tentatively determined that this proposed rule does not involve
``technical standards'' as defined by the NTTAA and is therefore 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
To the greatest extent practicable and permitted by law, and
consistent with the principles set forth in the report on the National
Performance Review, each Federal agency must make achieving
environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health and environmental effects of its programs, policies, and
activities on minority populations and low-income populations in the
United States and its territories and possessions, the District of
Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the
Mariana Islands. Because this proposed rule addresses codifying a
revision of the authorized hazardous waste program in the State of
Idaho and there are no anticipated significant adverse human health or
environmental effects, EPA has tentatively determined that the rule is
not subject to Executive Order 12898.
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 proposed action is issued under the authority of
sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act
as amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: December 7, 2005.
Ronald A. Kreizenbeck,
Deputy Regional Administrator, EPA Region 10.
For the reasons set forth in the preamble, EPA proposes to amend 40
CFR part 272 as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
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).
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, and July
22, 2005.
(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) The EPA-Approved Idaho Statutory and Regulatory Requirements
Applicable to the Hazardous Waste Management Program, July 2005.
(ii) [Reserved]
(2) EPA considered the following statutes and regulations in
evaluating the State program but is not incorporating them herein for
enforcement purposes:
[[Page 75102]]
(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 2004:
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, Chapter 44, ``Hazardous Waste Management'', published in 2002
by the Michie Company, Law Publishers: sections 39-4403(6) & (14); 39-
4427; 39-4428 and 39-4429.
(ii) 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).
(iii) 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 2004:
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,
and September 22, 2004, 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.
3. Appendix A to part 272, State Requirements, 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) (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 2004: 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;
58.01.05.356.01; and 58.01.05.998.
* * * * *
[FR Doc. 05-24202 Filed 12-16-05; 8:45 am]
BILLING CODE 6560-50-P