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EPA Corrects Activist's Misstatements

Release Date: 10/16/2001
Contact Information: Jeff Hunt
hunt.jeff@epamail.epa.gov
(206) 553-0256

Contrary to an erroneous news release issued by activists last week, Idaho continues to administer an EPA-authorized hazardous waste program in the state.

The current “controversy” surrounds Idaho’s request to update this approved program. On October8, attorney David McCoy and the Environmental Defense Institute issued a news release quoting the October 5 Federal Register as evidence that EPA had taken hazardous waste authorities from IDEQ. The Federal Register quote said “We (the EPA) are withdrawing the immediate final rule for Idaho: final Authorization of State Hazardous Waste Management Program . . . because we received comments that oppose this authorization . . .”

According to EPA attorney Mary Queitzsch "We were very clear in our proposed August 22, 2001 rule that if we receive comments unsupportive of a state's hazardous waste program the law requires us to hold-off approving the state's new rules until we can investigate the merits of the comments. That's what happened here -- nothing more. Idaho still has an approved program."

EPA's proposed August 22, 2001 rule stated:

'EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date established in the final rule, and we will not take further action on this proposal. If we get comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal.'

EPA will make a final determination on Idaho's request after reviewing the comments submitted by McCoy, the EDI and KYNF.