[Federal Register: April 20, 2006 (Volume 71, Number 76)]
[Rules and Regulations]
[Page 20341-20346]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap06-4]
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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: hunt.jeff@epa.gov, 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:
hunt.jeff@epa.gov, 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