[Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Rules and Regulations]
[Pages 20341-20346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3354]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[FRL-8055-7]


Idaho: Incorporation by Reference of Approved State Hazardous 
Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Resource Conservation and Recovery Act, as amended (RCRA), 
allows EPA to authorize State hazardous waste management programs if 
EPA finds that such programs are equivalent 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 final 
rule revises the codification of the Idaho authorized program.

DATES: This final rule is effective on April 20, 2006. The 
incorporation by reference of authorized provisions in the Idaho 
statutes and regulations contained in this rule is approved by the 
Director of the Federal Register as of April 20, 2006 in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R10-RCRA-2005-0465. All documents in the docket are listed on 
the http://www.regulations.gov Web site. 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, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy by contacting Jeff Hunt, 
U.S. EPA, Region 10, 1200 Sixth Avenue, Mail stop AWT-122, Seattle, WA 
98101, e-mail: [email protected], phone number (206) 553-0256.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, U.S. EPA, Region 10, 1200 
Sixth Avenue, Mail stop AWT-122, Seattle, WA 98101, e-mail: 
[email protected], phone number (206) 553-0256.

SUPPLEMENTARY INFORMATION:

[[Page 20342]]

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, as amended, 
allows the Environmental Protection Agency (EPA) 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 the authority to exercise its inspection and enforcement 
authorities in accordance with 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 codifies EPA's authorization of revisions to Idaho's 
hazardous waste management program. This codification 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.

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 finalizing the revision of 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 Made in This Action?

    In a Federal Register notice published December 19, 2005 (70 FR 
75098), EPA sought public comment on the proposal to codify EPA's 
authorization of revisions to Idaho's hazardous waste management 
program. The comment period for this proposed rule ended January 18, 
2006, and EPA received no comments. Therefore, today's action codifies 
Idaho's hazardous waste management program as proposed.
    EPA is incorporating by reference the authorized revisions to the 
Idaho hazardous waste program by revising subpart N of 40 CFR part 272. 
40 CFR part 272, Subpart N, Sec.  272.651 previously incorporated 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, 
Section 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.

D. What Is the Effect of Idaho's Codification on Enforcement?

    EPA retains the authority under statutory provisions, including but 
not limited to, RCRA sections 3007, 3008, 3013 and 7003, 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 incorporating 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 revises 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 Part of the Codification?

    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 updates 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 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 Codification does not affect Federal HSWA requirements for 
which

[[Page 20343]]

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 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 rule codifies revisions to Idaho's authorized hazardous waste 
program and imposes no requirements other than those currently imposed 
by State law. This rule complies 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. It has been determined 
that this final 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

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., 
because this final rule does not establish or modify any information or 
recordkeeping requirements for the regulated community and only 
codifies the pre-existing requirements under State law authorized by 
EPA and imposes no additional requirements beyond those imposed by 
State law.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR Part 9.

3. Regulatory Flexibility

    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 rule on small entities, small entity is defined as: (1) A small 
business defined by the Small Business Administrations' Size 
Regulations at 13 CFR 121.201; (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 determined that this action will not have a significant economic 
impact on small entities because the final rule will only have the 
effect of codifying the authorized pre-existing requirements under 
State law and imposes no additional requirements beyond those imposed 
by State law. After considering the economic impacts of today's rule, I 
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. 
L. 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 
one 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. Today's rule contains no Federal mandates (under the 
regulatory provisions of Title II of the UMRA) for State, local or 
tribal

[[Page 20344]]

governments or the private sector. It imposes no new enforceable duty 
on any State, local or tribal governments or the private sector. 
Similarly, EPA has also determined that this rule contains no 
regulatory requirements that might significantly or uniquely affect 
small government entities. Thus, today's rule is not subject to the 
requirements of sections 202 and 203 of the UMRA.

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 rule does 
not have federalism 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 rule addresses the codification of 
authorized pre-existing State rules. Thus, Executive Order 13132 does 
not apply to this 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 rule does not have 
tribal implications, as specified in Executive Order 13175. Thus, 
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. This 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

    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. This rule does 
not involve ``technical standards'' as defined by the NTTAA. Therefore, 
EPA is 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 rule addresses codifying pre-existing 
State rules authorized by EPA and imposes no additional requirements 
beyond those imposed by State law and there are no anticipated 
significant adverse human health or environmental effects, the rule is 
not subject to Executive Order 12898.

11. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective on April 20, 2006.

List of Subjects in 40 CFR Part 272

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Incorporation by reference, Indians-lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Water pollution control, Water supply.

    Authority: This 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: March 23, 2006.
Ronald A. Kreizenbeck,
Deputy Regional Administrator, Region 10.

0
For the reasons set forth in the preamble, EPA amends 40 CFR part 272 
as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
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

[[Page 20345]]

by the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 
6912(a), 6926, and 6974(b).


0
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:
    (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.

0
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;

[[Page 20346]]

58.01.05.016; 58.01.05.356.01; and 58.01.05.998.
* * * * *
[FR Doc. 06-3354 Filed 4-19-06; 8:45 am]
BILLING CODE 6560-50-P