---
kind: "section"
citation: "40 C.F.R. § 282.62"
title: "40"
number: "282.62"
heading: "Idaho State-Administered Program."
url: "https://uscodex.org/cfr/40/282.62"
---

# §282.62. Idaho State-Administered Program.

- (a) **History of the approval of Idaho's Program.** The State of Idaho is approved to administer and enforce an underground storage tank program in lieu of the Federal program under subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, [42 U.S.C. 6991](/usc/42/6991.md) et seq. The State's program, as administered by the Idaho Department of Environmental Quality (DEQ), was approved by EPA pursuant to [42 U.S.C. 6991c](/usc/42/6991c.md) and [part 281](/cfr/40/part281.md) of this chapter. The EPA published the notice of final determination approving the Idaho underground storage tank base program effective on February 28, 2012. A subsequent program revision application was approved by EPA and became effective on March 10, 2020.
- (b) **Enforcement authority.** Idaho has primary responsibility for administering and enforcing its federally-approved underground storage tank program. However, the EPA retains the authority to exercise its corrective action, inspection, and enforcement authorities under sections [9003(h)](/cfr/40/9003.md?p=h), [9005](/cfr/40/9005.md), and [9006](/cfr/40/9006.md) of subtitle I of RCRA, 42 U.S.C. [6991b(h)](/usc/42/6991b.md?p=h), [6991d](/usc/42/6991d.md) and [6991e](/usc/42/6991e.md), as well as under any other applicable statutory and regulatory provisions.
- (c) **Retention of program approval.** To retain program approval, Idaho must revise its approved program to adopt new changes to the Federal subtitle I program which make it more stringent, in accordance with [section 9004](/cfr/40/9004.md) of RCRA, 42 U.S.C. [6991c](/usc/42/6991c.md), and [40](/usc/42/40.md) CFR [part 281](/cfr/40/part281.md), subpart E. If Idaho obtains approval for the revised requirements pursuant to [section 9004](/cfr/40/9004.md) of RCRA, [42 U.S.C. 6991c](/usc/42/6991c.md), the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register.
- (d) **Final approval.** Idaho has final approval for the following elements of its program application originally submitted to EPA and approved, effective February 28, 2012, and the program revision application approved by EPA effective on March 10, 2020:
  - (1) **State statutes and regulations—**
    - (i) **Incorporation by reference.** The materials cited in this [paragraph (d)(1)](#d-1) are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, [42 U.S.C. 6991](/usc/42/6991.md) et seq. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. [552(a)](/usc/5/552.md?p=a) and [1](/usc/5/1.md) CFR [part 51](/cfr/40/part51.md). You may obtain copies of the Idaho provisions that are incorporated by reference in this [paragraph (d)(1)(i)](#d-1-i) from Idaho's Office of Administrative Rules Coordinator, P.O. Box 83720, Boise, Idaho 83720; Phone number: 208-332-1820; website: https://adminrules.idaho.gov/. You may inspect all approved material at the EPA Region 10 office, 1200 Sixth Avenue, Seattle, Washington 98101, phone number (206) 553-6693, or the National Archives and Records Administration (NARA). For information on the availability of the material at NARA, email fedreg.legal@nara.gov or go to https://www.archives.gov/federal-register/cfr/ibr-locations.
      - (A) **Idaho Statutory Requirements Applicable to the Underground Storage Tank Program, September 2018.**
      - (B) **Idaho Regulatory Requirements Applicable to the Underground Storage Tank Program, September 2018.**
    - (ii) **Legal basis.** The EPA evaluated the following statutes and regulations which provide the legal basis for the State's implementation of the underground storage tank program, but they are not being incorporated by reference and do not replace Federal authorities:
      - (A) **The statutory provisions include—** (1) Idaho Code, [Title 39](/cfr/39.md), “Health and Safety,” Chapter 1, “Environmental Quality—Health,” [Sections 39-108](/cfr/40/39-108.md) and -109.

        (2) Idaho Code, [Title 39](/cfr/39.md), “Healthy and Safety,” Chapter 88, “Idaho Underground Storage Tank Act.” The following Sections are part of the approved State program, although not incorporated by reference in this part for enforcement purposes: Sections [39-8805, -8808](/cfr/40/39-8805..8808.md), -[8810](/cfr/40/8810.md), and -8811.

      - (B) **The regulatory provisions include—** (1) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter 02, “Water Quality Standards,” Sections [851](/cfr/40/851.md) and [852](/cfr/40/852.md).

        (2) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter 07, “Rules Regulating Underground Storage Tank Systems.” The following Sections are part of the approved State program, although not incorporated by reference in this part for enforcement purposes: Sections [004.01](/cfr/40/004.01.md), [400.01](/cfr/40/400.01.md) and .03, 500, and 600.

  - (3) **Idaho Rules of Civil Procedure,—** [Rule 24(a)](/cfr/40/24.md?p=a).
    - (iii) **Provisions not incorporated by reference.** The following specifically identified sections and rules applicable to the Idaho underground storage tank program that are broader in coverage than the Federal program, are not part of the approved program, and are not incorporated by reference in this part for enforcement purposes:
      - (A) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter 07, “Rules Regulating Underground Storage Tank Systems,” Sections [010.16](/cfr/40/010.16.md), [100.01](/cfr/40/100.01.md) and .03, 200, 600, and 601.
      - (B) [Reserved]
  - (2) **Statement of legal authority.** The Attorney General's Statement, signed by the Deputy Attorney General of the State of Idaho on August 23, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, [42 U.S.C. 6991](/usc/42/6991.md) et seq.
  - (3) **Demonstration of procedures for adequate enforcement.** The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the program revision application for approval on September 19, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, [42 U.S.C. 6991](/usc/42/6991.md) et seq.
  - (4) **Program description.** The program description and any other material submitted as part of the program revision application for approval on September 19, 2018, though not incorporated by reference, are referenced as part of the approved underground storage tank program under subtitle I of RCRA, [42 U.S.C. 6991](/usc/42/6991.md) et seq.
  - (5) **Memorandum of Agreement.** The Memorandum of Agreement between EPA Region 10 and the Idaho Department of Environmental Quality, signed by the EPA Regional Administrator on March 19, 2019, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, [42 U.S.C. 6991](/usc/42/6991.md) et seq.

## Notes

### Amendments

[85 FR 1281, Jan. 10, 2020]

### Authority

Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

### Source

Source: 58 FR 58625, Nov. 2, 1993, unless otherwise noted.

### Amendments

[85 FR 1281, Jan. 10, 2020]