Protecting Public Health and the Environment.

Hazardous Waste: Docket No. 58-0105-1801 - Pending Rule

Rulemaking initiated to update federal regulations incorporated by reference.

Status of Rulemaking

Pending rule adopted by Board on November 14, 2018. Final and effective upon adjournment of 2019 legislative session if approved by the Idaho Legislature.

2019 Legislative Rules Review

November 2018 Board of Environmental Quality Meeting

Rulemaking Documents Required by Idaho Administrative Procedure Act


The purpose of this rulemaking is to ensure that the state rules remain consistent with federal regulations. Idaho’s Rules and Standards for Hazardous Waste, IDAPA 58.01.05, are updated annually to maintain consistency with the federal regulations implementing the Resource Conservation and Recovery Act (RCRA) as directed by the Idaho Hazardous Waste Management Act (HWMA). This proposed rule updates federal regulations incorporated by reference to include those revised as of July 1, 2018.

This proposed rule includes the incorporation by reference of 40 CFR Part 264, Subpart FF, and Part 265, Subpart FF, Fees for the Electronic Hazardous Waste Manifest Program (e-Manifest system). The fees are imposed and collected by the U.S. Environmental Protection Agency (EPA) for use of the e-Manifest system. The e-Manifest system is a new national system established by EPA for tracking hazardous waste shipments electronically. All receiving facilities, i.e., facilities that receive waste that must be manifested under federal law or receive state-regulated hazardous waste that must be manifested as required by the state in which the waste was generated, must submit those manifests to EPA either in paper form or electronically beginning June 30, 2018. EPA will charge receiving facilities an associated fee for each manifest. The fees are differentiated based on the manifest type and mode of submission.

States with authorized hazardous waste programs are required by EPA to revise their programs to be equivalent to, consistent with, and no less stringent than the requirements of the final e-Manifest user fee regulations. All state programs must adopt or reference appropriately in their state rules certain fee methodology provisions of the e-Manifest user fee rule so that users in all states are aware of the receiving facilities’ obligation to pay user fees to EPA for e-Manifest related services.

The fees depend on the type of manifest submitted and, for the first year, will range from $5 to $15 per manifest. The fee assessments and collections associated with this rule are performed solely by EPA. DEQ is not involved in any way with the assessment or collection of e-Manifest user fees. Therefore, DEQ will not have additional costs associated with implementing the e-Manifest rule, and the regulated community will not have additional costs with respect to DEQ; fees will not be imposed or collected by DEQ.

Adoption of federal regulations is necessary to maintain program primacy. Incorporation by reference allows DEQ to keep its rules up to date with federal regulation changes and simplifies compliance for the regulated community.

In compliance with Idaho Code 67-5223(4), DEQ prepared a brief synopsis detailing the substantive difference between the previously incorporated material and the latest revised edition or version of the incorporated material being proposed for incorporation by reference. The Overview of Incorporations by Reference is available on this web page.

Public Comment Opportunities

Submit all written comments by mail, fax or email to:

Paula Wilson
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID 83706
Fax: (208) 373-0481,

Comment Deadline

August 29, 2018

Written Public Comments on Proposed Rule

Submitted By Date Received
No comments were received  

Negotiated Rulemaking

Negotiated rulemaking was not conducted. DEQ determined that negotiated rulemaking is not feasible due to the simple nature of this rulemaking and because DEQ has no discretion with respect to adopting EPA’s federal regulations implementing the Resource Conservation and Recovery Act (RCRA) as directed by the Idaho Hazardous Waste Management Act (HWMA). Whenever possible, DEQ incorporates federal regulations by reference to ensure that the state rules are consistent with federal regulations.

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Staff Contacts

Hazardous Waste Regulation & Policy Coordinator
DEQ State Office
Waste Management & Remediation Division
14410 N. Hilton
Boise, ID 83706
(208) 373-0502

Administrative Rules Coordinator
Paula Wilson
DEQ State Office
Attorney General's Office
1410 N. Hilton
Boise, ID 83706
(208) 373-0418