[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59758-59762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23972]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R10-RCRA-2011-0973; FRL-9707-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Resource Conservation and Recovery Act, as amended, 
(RCRA), allows the Environmental Protection Agency (EPA) to authorize 
State hazardous waste management programs if the EPA finds that such 
programs are equivalent to and consistent with the Federal RCRA program 
and if such programs provide adequate enforcement of compliance. The 
regulations are used by the EPA to codify its decision to authorize 
individual State programs and incorporate by reference those provisions 
of the State statutes and regulations that are subject to the EPA's 
RCRA inspection and enforcement authorities as authorized provisions of 
the State's program. This direct final rule revises the codification of 
the authorized Idaho hazardous waste management program and 
incorporates by reference authorized provisions of the State's rules 
and regulations.

DATES: This rule is effective November 30, 2012, unless the EPA 
receives adverse comment on this regulation by the close of business 
October 31, 2012. If the EPA receives such comments, the EPA will 
publish a timely withdrawal of this direct final rule in the Federal 
Register informing the public that the rule will not take effect and a 
separate document in the proposed rules section of this Federal 
Register will serve as a proposal to codify Idaho's authorized 
hazardous waste management program. The Director of the Federal 
Register approves this incorporation by reference as of November 30, 
2012 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2011-0973 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Mail: Nina Kocourek, U.S. EPA, Region 10, 1200 Sixth 
Avenue, Suite 900, Mail Stop AWT-122, Seattle, WA 98101.
     Hand Delivery: Nina Kocourek, U.S. EPA, Region 10, 1200 
Sixth Avenue, Suite 900, Mail Stop AWT-122, Seattle, WA 98101. Such 
deliveries are only accepted during the normal business hours of 
operation; special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-RCRA-
2011-0973.
    The EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
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 email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through www.regulations.gov 
your email 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, the 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 the 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, the 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 the 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 www.regulations.gov or in hard copy at the EPA Region 10 Library, 
1200 Sixth Avenue, Suite 900, Seattle, WA 98101. The EPA Region 10 
Library is open from 9:00 a.m. to noon, and 1:00 to 4:00 p.m. Monday 
through Friday, excluding legal holidays. The EPA Region 10 Library 
telephone number is (206) 553-1289.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10, 
1200 Sixth Avenue, Suite 900, Mail Stop AWT-122, Seattle, WA 98101, 
email: [email protected], phone number (206) 553-6502.

SUPPLEMENTARY INFORMATION: 

I. Incorporation by Reference

A. What is codification?

    Codification is the process of including the rules and regulations 
that comprise the State's authorized hazardous waste management program 
in the Code of Federal Regulations (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 the EPA supplant the federal regulations concerning the 
same matter with the result that after authorization the EPA enforces 
the authorized regulations. Infrequently, State statutory language 
which acts to regulate a matter is also authorized by the EPA with the 
consequence that the EPA enforces the authorized statutory provision. 
The 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. The 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.
    This action codifies the EPA's authorization of revisions to 
Idaho's hazardous waste management program. This direct final action 
codifies the State program in effect at the time the EPA authorized 
revisions to the Idaho hazardous waste management program in a final 
rule effective July 11, 2012 (77 FR 34229, June 11, 2012). Notice and 
an opportunity for comment regarding those revisions to the authorized 
State program were provided to the public at the time those revisions 
were proposed. The EPA is not reopening its decision to authorize 
changes to the State's program nor is the EPA requesting comment on 
those revisions.

[[Page 59759]]

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, March 
26, 1990). Subsequently, the EPA authorized revisions to the State's 
program effective June 5, 1992 (57 FR 11580, April 6, 1992), August 10, 
1992 (57 FR 24757, June 11, 1992), June 11, 1995 (60 FR 18549, April 
12, 1995), January 19, 1999 (63 FR 56086, October 21, 1998), July 1, 
2002 (67 FR 44069, July 1, 2002), March 10, 2004 (69 FR 11322, March 
10, 2004), July 22, 2005 (70 FR 42273, July 22, 2005), February 26, 
2007 (72 FR 8283, February 26, 2007), December 23, 2008 (73 FR 78647, 
December 23, 2008), and July 11, 2012 (77 FR 34229, June 11, 2012). The 
EPA first codified Idaho's authorized hazardous waste management 
program effective February 4, 1991 (55 FR 50327, December 6, 1990), and 
updated the codification of Idaho's program effective June 5, 1992 (57 
FR 11580, April 6, 1992), August 10, 1992 (57 FR 24757, June 11, 1992), 
August 24, 1999 (64 FR 34133, June 25, 1999), March 8, 2005 (70 FR 
11132, March 8, 2005), April 20, 2006 (71 FR 20341, April 20, 2006), 
April 6, 2010 (75 FR 17309, April 6, 2010). In this action, the EPA is 
revising subpart N of 40 CFR part 272, to include the most recent 
authorization revision effective July 11, 2012 (77 FR 34229, June 11, 
2012).

C. What codification decisions have we made in this rule?

    This action incorporates by reference the authorized revisions to 
the Idaho hazardous waste management program by revising subpart N of 
40 CFR part 272. Previously, 40 CFR 272.651, incorporated by reference 
Idaho's authorized hazardous waste management program, as amended, 
through 2008. Section 272.651 also referenced the demonstration of 
adequate enforcement authority, including procedural and enforcement 
provisions, which provided the legal basis for the State's 
implementation of the hazardous waste management program. In addition, 
Section 272.651 referenced 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 updates 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 11, 2012 
(77 FR 34229, June 11, 2012).

D. What is the effect of idaho's codification on enforcement?

    The 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, the 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. The EPA lists Idaho's authorities for 
informational purposes, and because the 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 the 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?

    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, which have 
been incorporated into the State regulations because of the way the 
State adopted federal regulations by reference; and
    (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(c)(3) 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. While ``broader in scope'' provisions are not part of the 
authorized program and cannot be enforced by the 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 the EPA has identified as taking effect 
immediately in States with authorized hazardous waste management 
programs, the EPA will enforce those Federal HSWA standards until the 
State is authorized for those provisions.
    This codification does not affect Federal HSWA requirements for 
which the State is not authorized. The 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 the EPA has identified the 
HSWA requirement(s) as an optional or as a less stringent requirement 
of the Federal Rules program. A HSWA requirement or prohibition, unless 
identified by the EPA as optional or as less stringent, supersedes any 
less stringent or inconsistent State provision which may have been 
previously authorized by the EPA (50 FR 28702, July 15, 1985).
    Some existing State requirements may be similar to the HSWA 
requirements implemented by the EPA. However, until the EPA authorizes 
those State requirements, the EPA enforces the HSWA requirements and 
not the State analogs.

II. Statutory and Executive Order Reviews

    This direct final action codifies revisions to the EPA-authorized 
hazardous waste management program in Idaho pursuant to RCRA section 
3006 and imposes no requirements other than those imposed by State law. 
This action complies with applicable executive orders and statutory 
provisions as follows:

[[Page 59760]]

1. Executive Order 12866 and 13563
    This action will codify revisions to the federally approved 
hazardous waste management program in Idaho. This type of action is 
exempt from review under Executive Order (EO) 12866 (58 FR 51735, 
October 4, 1993) and EO 13563 (76 FR 3821, January 21, 2011).
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. 
Burden is defined at 5 CFR 1320.3(b). This direct final rule does not 
establish or modify any information or recordkeeping requirements for 
the regulated community.
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 
this direct final 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. The 
EPA has determined that this direct final action will not have a 
significant impact on small entities because the action will only have 
the effect of codifying authorized pre-existing State law requirements. 
After considering the economic impacts of this action, I certify that 
this action will not have a significant economic impact on a 
substantial number of small entities.
4. Unfunded Mandates Reform Act
    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. This action imposes no new enforceable duty on any State, local 
or tribal governments or the private sector. Therefore, this action is 
not subject to the requirements of sections 202 or 205 of the UMRA. 
This action is also not subject to the requirements of section 203 of 
the UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small government entities.
5. Executive Order 13132: Federalism
    This action 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 the various levels of government, as 
specified in Executive Order 13132. This action addresses the 
codification of the authorized State hazardous waste management program 
in Idaho. Codification is the process of including the rules and 
regulations that comprise the State's authorized hazardous waste 
management program in the CFR. Thus, Executive Order 13132 does not 
apply to this action.
6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments
    This action does not have tribal implications, as specified in 
Executive Order 13175. This action addresses the codification of the 
authorized State hazardous waste management program in Idaho. 
Codification is the process of including the rules and regulations that 
comprise the State's authorized hazardous waste management program in 
the CFR. Thus, the EPA has determined that Executive Order 13175 does 
not apply to this rule.
7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks
    The EPA interprets Executive Order (EO) 13045 (62 FR 19885, April 
23, 1997) as applying only to those regulatory actions that concern 
health or safety risks, such that the analysis required under section 
5-501 of the EO has the potential to influence the regulation. This 
action is not subject to EO 13045 because it codifies an approved state 
program into the CFR. Codification is the process of including the 
rules and regulations that comprise the State's authorized hazardous 
waste management program in the CFR.
8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use
    This action is not subject to Executive Order 13211 (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 the 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 the EPA to 
provide Congress, through the OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards. The 
EPA has determined that this action does not involve ``technical 
standards'' as defined by the NTTAA. Therefore, the EPA did 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
    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    The EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This action addresses codifying a revision of the 
authorized hazardous waste management program in the State of Idaho. 
The EPA has determined that the action is not subject to Executive 
Order 12898.

[[Page 59761]]

11. Congressional Review Act
    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended 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. The EPA will submit a report containing 
this document 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 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 action will be effective November 30, 2012.

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 action is issued under the authority of 
Sections 2002(a), 3006 and 7004(b) of the Solid Waste and Disposal 
Act, as amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: July 24, 2012.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.

    For the reasons set forth in the preamble, the 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 by the Resource Conservation and Recovery 
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).


0
2. Section 272.651 is revised 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 the 
EPA in Idaho's base program application for final authorization which 
was approved by the EPA effective on April 9, 1990. Subsequent program 
revision applications were approved by the EPA effective on June 5, 
1992, August 10, 1992, June 11, 1995, January 19, 1999, July 1, 2002, 
March 10, 2004, July 22, 2005, February 26, 2007, December 23, 2008, 
and July 11, 2012.
    (b) The State of Idaho has primary responsibility for enforcing its 
hazardous waste management program. However, the 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 binder entitled ``EPA-Approved Idaho Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', dated July 2012.
    (ii) [Reserved]
    (2) The EPA considered the following statutes and regulations in 
evaluating the State program but is not incorporating them herein for 
enforcement purposes:
    (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, Charlottesville, Virginia: 
sections 39-4401; 39-4402; 39-4404; 39-4405 with exception of 39-
4405(9); 39-4406; 39-4407; 39-4408(4); 39-4409(2) except first 
sentence; 39-4409(3); 39-4409(4) only first sentence; 39-4410; 39-
4411(1); 39-4411(3); 39-4411(6); 39-4412; 39-4413; 39-4414; 39-4415; 
39-4416; 39-4417; 39-4418; 39-4419; 39-4420; 39-4421; 39-4422; 39-
4423(3); and 39-4426.
    (ii) 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, 
Charlottesville, Virginia: sections 39-5801; 39-5802; 39-5804; 39-5805; 
39-5806; 39-5807; 39-5809; 39-5810; 39-5811; 39-5812; 39-5813(2); 39-
5814; 39-5816; 39-5817; and 39-5818(1).
    (iii) Idaho Code containing the General Laws of Idaho Annotated, 
Volume 2, Title 9, Chapter 3, ``Public Writings'', published in 2010 by 
the Michie Company, Law Publishers, Charlottesville, Virginia: sections 
9-337 et seq.; 9-338; 9-339; 9-340A; 9-340B; 9-340C; 9-340D; 9-340E; 9-
340F; 9-340G; 9-340H; 9-341; 9-342A; 9-343; and 9-344.
    (iv) Idaho Department of Environmental Quality Rules and 
Regulations, Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5, 
``Rules and Standards for Hazardous Waste'', published in April 2011: 
sections 58.01.05.000; 58.01.05.356.02; 58.01.05.356.03; 
58.01.05.356.04; 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, Charlottesville, Virginia: 
sections 39-4403(6); 39-4403(14); 39-4403(17) only the second and third 
sentences; 39-4405(9); 39-4409(1) only the fourth and fifth sentences; 
39-4409(7); 39-4423(2); 39-4427B; 39-4427C; 39-4427D; 39-4428; 39-4429; 
39-4430; 39-4431; and 39-4432.
    (ii) 2010 Cumulative Pocket Supplement to the Idaho Code (I.C.), 
containing, Title 39, Chapters 44 ``Hazardous Waste Management'', 
published in 2010 by the Michie Company, Law Publishers, 
Charlottesville, Virginia: section 39-4427.
    (iii) 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 Charlottesville, Virginia: 
section 39-5813(3).
    (iv) Idaho Department of Environmental Quality Rules and 
Regulations, Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5, 
``Rules and Standards for Hazardous Waste'', published in April 2011: 
sections 58.01.05.011 only the fourth sentence; 58.01.05.355; 
58.01.05.500; and 58.01.05.900.
    (4) Memorandum of Agreement. The Memorandum of Agreement between 
the 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

[[Page 59762]]

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, September 22, 2004, June 13, 2006, September 29, 
2006, June 23, 2008, and October 14, 2011, including clarification 
letter dated July 12, 2012, 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 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'', published in 2002 by 
the Michie Company, Law Publishers: sections 39-4403 except for 39-
4403(6), 39-4403(14), and the second and third sentences of 39-
4403(17); 39-4408(1); 39-4408(2); 39-4408(3); 39-4409(1) except the 
fourth and fifth sentences; 39-4409(2) only first sentence; 39-
4409(4) except the first sentence; 39-4409(5); 39-4409(6); 39-
4409(8); 39-4411(2); 39-4411(4); 39-4411(5); 39-4423(1); 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 39-5803; 39-
5808; 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'', published in April 2011: 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 with the exception of the 
fourth sentence; 58.01.05.012; 58.01.05.013; 58.01.05.015; 
58.01.05.016; 58.01.05.017; 58.01.05.018; 58.01.05.356.01; and 
58.01.05.998.
* * * * *
[FR Doc. 2012-23972 Filed 9-28-12; 8:45 am]
BILLING CODE 6560-50-P