Idaho § 39-7404 - Consistency with federal law - Status of appendices

§ 39-7404. Consistency with federal law - Status of appendices

(1) The legislature intends that the state of Idaho enact and carry out a solid waste program that will enable the state to achieve approved state status with respect to solid waste disposal facility regulation from the federal government.

(2) The legislature finds that subtitle D of RCRA, and in particular the code of federal regulations, title 40 , part 257 and 258, establish complex, detailed, and costly provisions for the disposal of solid waste. By the provisions of this chapter, the legislature desires to avoid duplicative or conflicting state and federal regulatory systems and allow local MSWLF unit owners the maximum flexibility possible under federal regulations, to meet the substantive goals of protection of human health and the environment with consideration for actual site and climatic conditions. At any time that applicable federal law or regulations are amended, any additional flexibility or extension otherwise prohibited by this chapter shall be allowed as applicable.

(3) The board may not promulgate any rule pursuant to this chapter that would impose conditions or requirements more stringent or broader in scope than the referenced RCRA regulations of the United States environmental protection agency or the provisions of this chapter. Until regulations are adopted, agency conclusions in appendix B through appendix H, inclusive, per the "Federal Register" of October 9, 1991, or the solid waste disposal technical manual published by the United States environmental protection agency in November 1993 and revised in April 1998, shall be used for technical guidance for relevant provisions of this chapter.

[39-7404, added 1992, ch. 331, sec. 1, p. 979; am. 1993, ch. 139, sec. 5, p. 350; am. 1994, ch. 75, sec. 4, p. 166; am. 2026, ch. 7, sec. 6, p. 33.]