[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