[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR272.651]

[Page 376-377]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS--Table of 
Contents
 
                            Subpart N--Idaho
 
Sec. 272.651  Idaho State-administered program: Final authorization.

    Source: 55 FR 50328, Dec. 6, 1990, unless otherwise noted.


    (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, and January 19, 1999.
    (b) 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 Requirements Applicable to the 
Hazardous Waste Management Program, dated April 1999.
    (ii) The EPA Approved Idaho Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, dated April 1999.
    (2) The following statutes and regulations concerning State 
procedures and enforcement, although not incorporated by reference, are 
part of the authorized State program:
    (i) Idaho Code (I.C.) containing the General Laws of Idaho 
Annotated, Volume 7A, Title 39, Chapter 44, ``Hazardous Waste 
Management'', published in 1993 by the Michie Company, Law Publishers, 
Charlottesville, Virginia: 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; 39-4412 
through 39-4416; 39-4418; 39-4419; 39-4421; 39-4422; and 39-4423(3) 
(a)&(b).
    (ii) 1996 Cumulative Pocket Supplement to the Idaho Code, Volume 7A, 
Title 39, Chapter 44, ``Hazardous Waste Management'', published in 1996 
by the Michie Company, Law Publishers, Charlottesville, Virginia: 
sections 39-4411(1); 39-4411(3); and 39-4411(6).
    (iii) Idaho Code (I.C.) containing the General Laws of Idaho 
Annotated, Volume 7A, Title 39, Chapter 58, ``Hazardous Waste Facility 
Siting Act'', published in 1993 by the Michie Company, Law Publishers, 
Charlottesville, Virginia: sections 39-5804; 39-5809; 39-5810; 39-
5813(2); 39-5814; 39-5816; 39-5817; and 39-5818(1).
    (iv) 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).
    (v) 1994 Cumulative Pocket Supplement to the Idaho Code (I.C.), 
Volume 2, Title 9, Chapter 3, ``Public Writing'', published in 1994 by 
the Michie Company, Law Publishers, Charlottesville, Virginia: sections 
9-340 and 9-343.
    (vi) Idaho Department of Health and Welfare Rules and Regulations, 
Idaho Administrative Code, IDAPA 16, Title

[[Page 377]]

1, Chapter 5, ``Rules and Standards for Hazardous Waste'', as published 
on July 1, 1997: sections 16.01.05.000; 16.01.05.356.02 through 
16.01.05.356.05; 16.01.05.800; 16.01.05.850; 16.01.05.996; 16.01.05.997; 
and 16.01.05.999.
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
and are not incorporated by reference:
    (i) Idaho Code containing the General Laws of Idaho Annotated, 
Volume 7A, Title 39, Chapter 44, ``Hazardous Waste Management'', 
published in 1993 by the Michie Company, Law Publishers, 
Charlottesville, Virginia: sections 39-4428 and 39-4429.
    (ii) 1996 Cumulative Pocket Supplement to the Idaho Code, Volume 7A, 
Title 39, Chapter 44, ``Hazardous Waste Management'', published in 1994 
by the Michie Company, Law Publishers, Charlottesville, Virginia: 
sections 39-4403 (6)&(14) and 39-4427.
    (iii) Idaho Code containing the General Laws of Idaho Annotated, 
Volume 7A, Title 39, Chapter 58, ``Hazardous Waste Siting Act'', 
published in 1993 by the Michie Company, Law Publishers, 
Charlottesville, Virginia: section 39-5813(3).
    (iv) Idaho Department of Health and Welfare Rules and Regulations, 
Idaho Administrative Code, IDAPA 16, Title 1, Chapter 5, ``Rules and 
Standards for Hazardous Waste'', as published on July 1, 1997: sections 
16.01.05.355; and 16.01.05.500.
    (4) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 10 and the Division of Environmental Quality, signed by the EPA 
Regional Administrator on October 6, 1998, 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. ``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, 
and October 3, 1997 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 are referenced as part of the authorized hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.

[64 FR 34136, June 25, 1999]