§ 272.650 - State authorization.

(a) The State of Idaho is authorized to administer and enforce a hazardous waste management program in lieu of the Federal program under subtitle C of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6921 et seq., subject to the Hazardous and Solid Waste Amendments of 1984 (HSWA), (Pub. L. 98-616, Nov. 8, 1984), 42 U.S.C. 6926 (c) and (g)). The Federal program for which a State may receive authorization is defined in 40 CFR part 271. The State's program as administered by the Idaho Department of Health and Welfare, was approved by EPA pursuant to 42 U.S.C. 6926 (b) and (g) and part 271 of this chapter. EPA's initial approval of Idaho's program for the base, HSWA and non-HSWA provisions promulgated as of July 1, 1987, was effective on April 9, 1990 (see 55 FR 11015 dated March 26, 1990). EPA's approval of Idaho's corrective action program for those provisions promulgated as of July 1, 1987 was effective on June 5, 1992 (see 57 FR 11580 dated April 6, 1992).

(b) Idaho is not authorized to implement any other HSWA requirements promulgated after June 30, 1990, in lieu of EPA unless EPA has explicitly indicated its intent to allow such action in a Federal Register notice granting Idaho authorization.

(c) Idaho has primary responsibility for enforcing its hazardous waste program. However, EPA retains the authority to exercise its enforcement authorities under sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, and 6973, as well as under other Federal laws and regulations.

(d) Idaho must revise its approved program to adopt new changes to the Federal subtitle C program, in accordance with section 3006(b) of RCRA and 40 CFR part 271, subpart A. Idaho must seek final authorization for all program revisions pursuant to section 3006(b) of RCRA, but, on a temporary basis, may seek interim authorization for revisions required by HSWA pursuant to section 3006(g) of RCRA, 42 U.S.C. 6926(g). If Idaho obtains final authorization for the revised requirements pursuant to section 3006(g), the newly authorized provision will be listed in § 272.651 of this subpart. If Idaho obtains interim authorization for the revised requirements pursuant to section 3006(g), the newly authorized provisions will be listed in § 272.652.