[Federal Register Volume 75, Number 65 (Tuesday, April 6, 2010)]
[Rules and Regulations]
[Pages 17309-17313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7647]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[EPA-R10-RCRA-2009-0868; FRL-9122-8]
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 programs if 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 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 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 statutes and
regulations.
DATES: This rule is effective June 7, 2010, unless the EPA receives
adverse comment on this regulation by the close of business May 6,
2010. If the EPA receives such comments, 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. The Director of the
Federal Register approves this incorporation by reference as of June 7,
2010 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-2009-0868 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Mail: Zach Hedgpeth, U.S. EPA, Region 10, 1200 Sixth
Avenue, Suite 900, Mail Stop AWT-122, Seattle, Washington 98101.
Hand Delivery: Zach Hedgpeth, U.S. EPA, Region 10, 1200
Sixth Avenue, Suite 900, Mail Stop AWT-122, Seattle, Washington 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-
2009-0868. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Region 10
Library, 1200 Sixth Avenue, Seattle, Washington 98101. This Docket
Facility is open from 9 a.m. to noon, and 1 to 4 p.m. Monday through
Friday, excluding legal holidays. The library telephone number is 206-
553-1289.
FOR FURTHER INFORMATION CONTACT: Zach Hedgpeth, U.S. EPA, Region 10,
[[Page 17310]]
1200 Sixth Avenue, Mail stop WCM-122, Seattle, Washington 98101, e-
mail: [email protected], phone number (206) 553-1217.
SUPPLEMENTARY INFORMATION:
I. Incorporation by Reference
A. What is Codification?
Codification is the process of including the statutes and
regulations that comprise the State's authorized hazardous waste
management program in the CFR. Section 3006(b) of RCRA, 42 U.S.C.
6926(b), allows the Environmental Protection Agency to authorize State
hazardous waste management programs. The State regulations authorized
by EPA supplant the Federal regulations concerning the same matter with
the result that after authorization EPA enforces the authorized
regulations. Infrequently, State statutory language which acts to
regulate a matter is also authorized by EPA with the consequence that
EPA enforces the authorized statutory provision. EPA does not authorize
State enforcement authorities and does not authorize State procedural
requirements. EPA codifies the authorized State program in 40 CFR part
272 and incorporates by reference State statutes and regulations that
make up the approved program which is Federally enforceable. EPA
retains independent enforcement authority pursuant to sections 3007,
3008, 3013 and 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934 and 6973 and
any other applicable statutory and regulatory provisions.
This action codifies 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 EPA authorized revisions to the
Idaho hazardous waste management program in a final rule dated December
23, 2008 (73 FR 78647). 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. EPA is not reopening
its decision to authorize changes to the State's program nor is EPA
requesting comment on those revisions.
B. What Is the History of the Authorization and Codification of Idaho's
Hazardous Waste Management Program?
Idaho initially received final authorization for its hazardous
waste management program effective April 9, 1990 (55 FR 11015).
Subsequently, EPA authorized revisions to the State's program effective
June 5, 1992 (57 FR 11580), August 10, 1992 (57 FR 24757), June 11,
1995 (60 FR 18549), January 19, 1999 (63 FR 56086), July 1, 2002 (67 FR
44069), March 10, 2004 (69 FR 11322), July 22, 2005 (70 FR 42273),
February 26, 2007 (72 FR 8283) and December 23, 2008 (73 FR 78647). 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), March 8, 2005 (70 FR 11132) and April
20, 2006 (71 FR 20341). In this action, EPA is revising subpart N of 40
CFR part 272, to include the most recent authorization revision
effective December 23, 2008 (73 FR 78647).
C. What Codification Decisions Have We Made in This Rule?
This action incorporates by reference the authorized revisions to
the Idaho hazardous waste program by revising subpart N of 40 CFR part
272. 40 CFR 272.651, previously incorporated by reference Idaho's
authorized hazardous waste program, as amended, through 2005. Section
272.651 also referenced 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 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 December 23,
2008.
D. What Is the Effect of Idaho's Codification on Enforcement?
EPA retains its independent enforcement authority under statutory
provisions, including but not limited to, sections 3007, 3008, 3013 and
7003 of RCRA, and any other applicable statutory and regulatory
provisions, to undertake inspections and enforcement actions and to
issue orders in all authorized States. With respect to enforcement
actions, EPA will rely on Federal sanctions, Federal inspection
authorities, and Federal procedures rather than the State analogues to
these provisions. Therefore, the EPA is not 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. EPA lists Idaho's authorities for
informational purposes, and 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 Proposed as Part of the Codification?
The public is reminded that some provisions of Idaho's hazardous
waste management program are not part of the Federally authorized State
program. These non-authorized provisions include:
(1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
(2) Federal rules for which Idaho is not authorized, but which have
been incorporated into the State regulations because of the way the
State adopted Federal regulations by reference;
(3) State procedural and enforcement authorities which are
necessary to establish the ability of the program to enforce compliance
but which do not supplant the Federal statutory enforcement and
procedural authorities.
State provisions that are ``broader in scope'' than the Federal
program are not incorporated by reference in 40 CFR part 272. For
reference and clarity, 40 CFR 272.651(b)(3) 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 the recent authorization of the revision
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.
[[Page 17311]]
F. What Will Be the Effect of the Proposed Codification on Federal HSWA
Requirements?
With respect to any requirement(s) pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) for which the State has not yet
been authorized and which EPA has identified as taking effect
immediately in States with authorized hazardous waste management
programs, EPA will enforce those Federal HSWA standards until the State
is authorized for those provisions.
This Codification does not effect Federal HSWA requirements for
which the State is not authorized. EPA has authority to implement HSWA
requirements in all States, including States with authorized hazardous
waste management programs, until the States become authorized for such
requirements or prohibitions unless EPA has identified the HSWA
requirement(s) as an optional or as a less stringent requirement of the
Federal Rules 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 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:
1. Executive Order 12866
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.
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. EPA has determined that it is not subject to
the provisions of the Paperwork Reduction Act.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et
seq., generally requires Federal agencies to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
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. 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 pre-existing authorized requirements under
State law. 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. This action contains no
regulatory requirements that might significantly or uniquely affect
small government entities. Thus, EPA has determined that the
requirements of section 203 of the UMRA do not apply to this action.
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 program in Idaho.
Codification is the process of including the statutes 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.
Although section 6 of Executive Order 13132 does not apply to this
action, EPA did consult with officials of the State of Idaho,
Department of Environmental Quality in developing 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 program in Idaho. Codification is the
process of including the statutes and regulations that comprise the
State's authorized hazardous waste management program in the CFR. Thus,
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
EPA interprets Executive Order 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 Code of Federal Regulations (CFR). Codification is the process
of including the statutes 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 EPA to use voluntary consensus
[[Page 17312]]
standards in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus bodies.
The NTTAA directs EPA to provide Congress, through the OMB,
explanations when the Agency decides not to use available and
applicable voluntary consensus standards. EPA has determined that this
action 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
Executive Order (EO) 12898 (59 FR 7629 (Feb. 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.
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 program in the State of Idaho. EPA has
determined that the action is not subject to Executive Order 12898.
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. 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 June 7, 2010.
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: March 11, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
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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 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, July 22,
2005, February 26, 2007 and December 23, 2008.
(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) 2010 Codification of EPA-Approved Idaho Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program, December 2008.
(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 2008:
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,
[[Page 17313]]
Chapter 44, ``Hazardous Waste Management'', published in 2002 by the
Michie Company, Law Publishers: sections 39-4403(6) & (14); 39-4428 and
39-4429.
(ii) 2004 Cumulative Pocket Supplement to the Idaho Code (I.C.),
Volume 39, Title 44, ``Hazardous Waste Management'', published in 2004
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: 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'', as published July 2008:
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,
September 22, 2004, June 13, 2006, September 29, 2006 and June 23,
2008, 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'', 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) (only the
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 2008: sections
58.01.05.001; 58.01.05.002; 58.01.05.003; 58.01.05.004;
58.01.05.005; 58.01.05.006; 58.01.05.007; 58.01.05.008;
58.01.05.009; 58.01.05.010; 58.01.05.011; 58.01.05.012;
58.01.05.013; 58.01.05.014; 58.01.05.015; 58.01.05.016;
58.01.05.018; 58.01.05.356.01; and 58.01.05.998.
* * * * *
[FR Doc. 2010-7647 Filed 4-5-10; 8:45 am]
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