40 CFR Part 268 and all Subparts are incorporated by reference in Section 002, except for 40 CFR 268.1(e)(3), 268.5, 268.6, 268.13, 268.42(b), and 268.44(a) through (g). The authority for implementing the provisions of these excluded sections remains with the EPA. However, the provisions of Sections 39-4403(17) and 39-4423, Idaho Code, must be applied in all cases where these provisions are more stringent than the federal standards. If the Administrator of the EPA grants a case-by-case variance pursuant to 40 CFR 268.5, that variance will simultaneously create a case-by-case variance to the equivalent provision of these rules. For 40 CFR 268.2(j)"EPA" is defined as the EPA. For 40 CFR 268.40(b), "Administrator" is defined as the EPA Administrator. In 40 CFR 268.7(a)(9)(iii), "D009" is excluded, (from lab packs as noted in 40 CFR Part 268 Appendix IV.
Idaho Admin. Code r. 58.01.05.011