•
 

EPA APPROVED IDAHO REGULATORY REQUIREMENTS
 

APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM
 

April 1999
 

•
 

•
 

Idaho Department of Health and Welfare Rules and Regulations, 

Idaho Administrative Code, IDAPA 16, Title 1, Chapter 5, 

"Rules and Standards for Hazardous Waste" 

as published on Julv 1, 1997. 

"i~: ~1-=~E::;'",E c .~.:c.,e .:?~~'f:.' '.:=:" '~'~T~l£±G' ~~c~~l:':':±5f;""i,::~~ ~4cfi-: - j~0__f ~d~~~r _2-j~-2E:C: F::~c~: ';.. ":~S~:' .." Fe. :': :.;,'?:e­ .: i-. ~_'- :"-,,':', o:C,_=,.'L' -=-:j--;:~~.s ":0. o"~E .::"2;::.:--~I~:t -~~~~..,,:,-: :.S:

16.01.05.001 Title. I 

16.01.05.002 Incorporation by reference of Federal regulations, subject to certain I 

exceptions; availability of reference materials; Superintendent of 

Documents; Administrative Procedures Section. 

16.01.05.003 Definitions 1-2 

16.01.05.004 Hazardouswaste management system; adoption of July 1, 1996,40 CFR 2 

Part 260. 

16.01.05.005 Identification and listing of hazardous waste; adoption of July 1, 1996,40 2-5 

CFR Part 261. 

16.01.05.006 Standards applicable to generators of hazardous waste; adoption of July 1, 5 

1993,40 CFR Part 262, subject to certain exceptions. 

16.01.05.007 Standards applicable to generators of hazardous waste; adoption of July 1, 5 

1993,40 CFR 263. 

16.01.05.008 Standards for owners and operators of hazardous waste treatment, storage, . 5 

and disposal facilities; adoption of July 1, 1996,40 CFR Part 264, subject 

to certain exceptions. 

16.01.05.009 Interim status standards for owners and operators of hazardous waste 5 

treatment, storage, and disposal facilities; adoption of July 1, 1996, 40 

CFR Part 265, subject to certain exceptions. 

16.01.05.010 Standards for the management of specific hazardous wastes and specific 5 

types of hazardous waste facilities, adoption of July 1, 1996, 40 CFR Part 

266. 

16.01.05.011 Land disposal restrictions; adoption of July 1, 1996,40 CFR Part 268. 6 

16.01.05.012 Hazardous waste permit program; adoption of July 1, 1996,40 CFR Part 6 

270, subject to certain exceptions. 

16.01.05.013 Procedures for decision-making (State procedures for RCRA or HWMA 6 

permit applications.); adoption of July 1, 1996,40 CFR Part 124, Subparts 

AandB. 

. 16.01.05.014 Interim status surface impoundments RCRA 3005(j). 6 

Page 1 of 2 
EPA APPROVED IDAHO REGULATORY REQUIREMENTS 

APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM 

April 1999 (cont'd) o I 

i 

Idaho Department of Health and Welfare Rules and Regulations, 

Idaho Administrative Code, IDAPA 16, Title 1, Chapter 5, 

"Rules and Standards for Hazardous Waste" 

as ublished on Jul 1 1997. 

16.01.05.015 Standards for the management of used oil; adoption of July 1, 1995,40 

CFR Part 279. 

6 

16.01.05.016 Standards for universal waste management; adoption of July 1, 1996,40 

CFR Part 273. 

6 

16.01.05356.01 Variance applications for treatment, storage, and disposal facilities or . 

sites: application contents and standard of review. 

7-8 

16.01.05.998 Inclusive ender and number. 10 

c 

Page 2 of 2 
•• 

'.
 IDAHO
 

ADMINISTRATIVE 

CODE
 

July 1, 1997 - Volume 3 

Copyright 1996 by Idaho Department of Administration·
 

All Rights Reserved
 

Printed in the United States of America
 

:.1 

The Idaho Administrative Code is published annually by the Office of the
 

Administrative Rules Coordinator, Department of Administration, Statehouse Mail,
 

Boise, Idaho 83720-0011, pursuant to Title 67, Chapter 52, Idaho Code.
 

Philip E. Batt, Governor
 

Pamela I. Ahrens, Director, Department of Administration
 

Rick Thompson, Administrative Rules Coordinator
 

Dennis R. Stevenson and KarenL, Gustafson, Assistants to the Rules Coordinator
 

Edward Hawley, Regulatory Data Analyst
 

., . 

.Printed by CH] Publishing, 1103 West Main, Middleton, Idaho 

Cover Photo courtesy of the Union Pacific Railroad 
IDAPA 16 

• 

TITLE 01 

chapter 05 

16.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE 

These rules are adopte . horitv vested in the Board of Health and Welfare by the Hazardous Waste
 

Management Act of 1983 (HWMA), Sections 3 ' ., e and the authority vested in the Director of
 

001. TITLE. 

These rules shall be known as Idaho Department of Health and Welfare Rules, IDAPA 16. Title 0 I, Chapter OS, 

"Rules and Standards for Hazardous Waste." (2-11-94) 

002. INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS. 

Any reference in these rules to requirements. procedures. or specific forms contained in the Code of Federal 

Regulations (CFR), Title 40, Parts 124. 260-266, 268. 270. 273. and 279 shall constitute the full adoption by reference 

of that part and Subparts as they appear in 40 CFR. revised as of July I, 1996, including any notes and appendices 

therein. unless expressly provided otherwise in these rules. (7-2-97) 

01. Exceptions. Nothing in 40 CFR Parts 260 - 266, 268, 270, 273, 279 or Pan 124 as pertains to 

permits for Underground Injection Control (U.I.e.) under the Safe Drinking Water Act. the Dredge or Fill Program 

under Section 404 of the Clean Water Act. the National Pollution Discharge Elimination System (NPDES) under the 

Clean Water Act or Prevention of Significant Deterioration Program (PSD) under the Clean Air Act is adopted or 

included by reference herein.' (7-2-97)

• 02. Availability of Referenced Material. The federal regulations adopted by reference. throughout these 

rules are malntained at the following locations: (7 -2-97) 

a. Superintendent of Documents. U.S. Government Printing Office, Washington, D.e. 20402, or U.S. 

Government Bookstore, Room 194, Federal Bldg .. 915 Second Ave., Seattle. WA 98174, (206)553-4270; and . (7-2-97) 

b. State Law Library, 451 W. State Street. P.O. Box 83720, Boise. ID 83720-0051. (208)334-3316; and 

(7-2-97) 

c.	 Division of Environmental Quality, 1410 N. Hilton, Boise, ill 83706~1255, (208)373-0502. 

(7-2-97) 

003. DEFINITIONS. 

For the purpose of these rules and any materials incorporated herein by reference, the following definitions apply 

unless their application would be inconsistent with the Hazardous Waste Management Act, or unless these rules 

expressly provide for different definitions.	 (3-1-93) 

01. Board. The Idaho Board of Health and Welfare.	 (6-10-88) 

02. CFR -. The United States Code of Federal Regulations..	 (3-1-93) 

03. Department. The Idaho Department of Health and Welfare.	 (6-10-88) 

04. Director. The Director of the Idaho Department of Health and Welfare, or his designee. (12-31-91) 

05. Environmental Appeals Board. When used in the context of 40 CFR. the definition shall be the 

Director of the Idaho Department of Health and Welfare except where noted in these rules. When used in the context 

• 

of these rules, the definition shall be the U.S. Environmental Appeals Board.	 (7-1-97) 

Page 1 
C 

IDAHO ADMINiSTRATIVE CODE IDAPA 16.01.05
 

DHW, Division of Environmental Quality Hazardous Waste
 

06. U.S. Environmental Protection Agency or EPA, EPA Headquarters, or EPA. When used in the 

context of 40 CFR. the definition shall be the Idaho Department of Health and Welfare. except when used to refer to . . 

. an EPA Identification number. EPA forms. publications or guidance. and EPA Acknowledgment of Consent. and 

where noted in these rules. Under the latter circumstances. the definition shall be the U.S. Environmental Protection 

Agency and the Headquarters of the U.S. Environmental Protection Agency as appropriate. When used in the context 

of these rules. the definition snail be the U.S. Environmental Protection Agency. (7 -1-97) 

01.	 HWFSA. The Hazardous Waste Facility Siting Act of 1985. Sections 39-5801 et seq., Idaho Code. 

(3-1-93) 

08.	 HWMA. The Hazardous Waste Management Act of 1983. Sections 39-4401 et seq., Idaho Code. 

(3-1-93) 

09. IDAPA.The Idaho Administrative Procedures Act Chapter 52. Title 67, Idaho Code.	 (3-1-93) 

10. RCRA. When used in the context of 40 CFR. the definition shall be the comparable sections of the
 

Hazardous Waste Management Act of 1983. Sections 39-440 1 et seq .. Idaho Code. When used in the-context of these
 

rules. the definition shall be The Resource Conservation and Recovery Act, 42 U.S. Code. Sections 6901et seq.
 

(7-1-97) 

. 1L Regional Administrator or Administrator. 'When used in the context of 40 CFR, the definition shall
 

be the Director of the Idaho Department of Health and Welfare, or his designee. except where noted in these rules.
 

When used in the context ofthese rules. the definition shall be the U.S. Environmental Protection Agency Region 10
 

Regional Administrator:' (7-1-.97)
 

12. TSD. Treatment. storage or disposal.	 (6-10-88) 

oL Excluded Wastes. Chemically Stabilized Electric Arc' Furnace Dust (CSEAFD) generated by
 

Envirosafe Services of Idaho. Inc. (ESU) at ESU's facility in Grand View. Idaho using the Super Detox(R) treatment
 

process as modified by ESIl and that is disposed of in a Subtitle D or Subtitle C landfill is excluded from the lists of
 

hazardous waste provided ESU implements a program that meets the following conditions: (3-16-96)
 

a. Verification Testing' Requirements. Sample Collection and analyses, including quality control
 

procedures. conducted pursuant to Subsections 005.0l.b. and 005.0l.c., must be performed according to SW-846
 

methodologies and the RCRA Part B permit including future revisions. (3-16-96)
 

b. Initia.l V~rification Testing.	 (3-16-96) 

i. For purposes of Subsections 005.0 l.b.... new source" shall mean any generator of Electric Arc
 

Furnace Dust (EAFD). EPA and Idaho Division of Environmental Quality Hazardous Waste No. K061, whose waste
 

has not previously been processed by ESU using the Super DetoxiR) treatment process resulting in processed EAFD
 

which has been subjected to initial verification testing and has demonstrated compliance with the delisting levels
 

specified in Subsection 005.0 l.d. . (3-16-96)
 

Page 2 

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IDAHO ADMINISTRATIVE CODE IDAPA 16.01.05 

DHW, Division of Environmental Quality Hazardous Waste 

ii. Prior to the initial treatment of anv new source of EAFD. ESII must notify the Department in 

writing. The written notification shall include: . (3-16-96) 

(1) The waste profile information: and	 (3-16-96) J 

(2) The name and address of the generator.	 (3-16-96) 

111. The first four (4) consecutive batches treated must be sampled in accordance with Subsection 

005.01..1. Each of the four (4) samples shall be analyzed to determine if the CSEAFD generated meets the delisting 

levels specified in Subsection 005.0 l.d. (3-16-96) 

iv. If the initial verification testing demonstrates that the CSEAFD samples meet. the delisting levels 

specified in Subsection 005.0Ld.. ESU shall submit the operational and analytical test data. including quality control 

information. to the Department. in accordance with Subsection 005.0 lf. Subsequent to such data submittal. the 

.CSEAFD generated from EAFD originating from the new source shall be considered delis ted. (3-16-96) 

v. CSEAFD generated by ESII from EAFD originating from a new source shall be managed as 

hazardous waste in accordance with Subtitle C of RCRA until: (3-16-96) 

(1) Initial verification testing demonstrates that the CSEAFD meets the delisting levels specified in 

Subsection 005.0Ld.: and (3-16-96) . 

(2) Theoperational and anal ytical test dataissubmitted to the DepartmentpursuanttoS ubsection 005.0 1.b.iv. 

(3-16-96) 

vi. For purposes of Subsections OOS.OLb. and OOS.Ol.c., "batch" shall mean the CSEAFD which 

results from a single treatment episode in a full scale mixing vessel. (3-16-96) 

c. Subsequent Verification Testing.	 (3-16-96) 

i. Subsequent to initial verification testing. ESII shall collect a representative sample, in accordance 

with Subsection 005.01..1.. from each batch of CSEAFD generated by ESII. ESII may, at its discretion, conduct 

subsequent verification testing on composite samples. In no event shall a composite sample consist of representative 

samples from more than twenty (20) batches of CSEAFD. (3-16-96) 

ii. The samples shall be analyzed prior to disposal of each batch of CSEAFD to determine if the 

CSEAFD meets the delisting levels specified in Subsection 005.0Ld. . . (3-16-96) 

111. Each batch of CSEAFD generated by ESU shall be subjected to subsequent verification testing no 

later than thirty (30) days after it is generated by ESII. (3-16-96) 

iv. If the levels of constituents measured in a sample. or composite sample, of CSEAFD do not exceed 

the levels set forth in Subsection OOS.O I.d., then-any batch of CSEAFD which contributed to the sample that does not 

exceed the levels set forth in Subsection OOS.Ol.d. is non-hazardous and· may be managed and/or disposed of in a 

Subtitle D or Subtitle C landfill. (3-16-96) 

v. If the constituent levels in a sample. or composite sample, exceed any of the delisting levels set 

forth in Subsection OOS.OI.d., then ESII must submit written notification of the results of the analysis to the 

Department within fifteen (15) days from receiving the final analytical results, and any CSEAFD which contributed 

to the sample must be: . (3-16~96)

(1)	 Retested. and retreated if necessary, until it meets the levels set forth in Subsection OOS.OLd.; or 

(3-16-96) 

(2) Managed and disposed of in accordance with Subtitle C of RCRA.	 (3-16-96) 

• 

vi. Each batch of CSEAFD shall be managed as hazardous waste in accordance with Subtitle C of 

Page 3 
IDAHO ADMINISTRATIVE CODE IDAPA 16~01.05
 

DHW, Division of Environmental Quality Hazardous Waste
 

RCRA until subsequent verification testing demonstrates that the CSEAFD meets the delisting levels specified in 

Subsection 005.0l.d. ' , (3-16-96) ,.V 

d. Delisting levels. (3-16-96) 

i. All. leachable concentrations for these metals must not exceed the following levels (rng/l): . 

antimony 0.06 

arsenic 0.50 

barium 7.6 

. beryllium 0.010 

cadmium 0.050 

.chrornturn 0.33 

lead 0.15 

mercury 0.009 

nickel I 1 

selenium 0.16 

silver 0.30 

thallium 0.020 

vanadium 2 

zinc 70 

(3-16-96) 

ii. Metal concentrations must be measured in the waste leachate by the method specified in 40 CFR
 

Part 261.24. (3-16-96)
 

e. Modification of Treatment Process. (3-16-96) 

i. If ESII makes a decision to modify the Super DetoxiR) treatment process from the description of
 

the process as set forth in ESII's Petition for Delisting Treated K061 Dust by the Super Detox(R) Process submitted to
 

the Department on July 14, 1995, ESII shall notify the Department in writing prior to implementing the modification.
 

(3-16-96) 

ii. After ESII's receipt of written approval from the Department, and subject to any conditions 

, included with the approval, ESII may implement the proposed modification. (3-16-96) 

Ill. If ESII modifies its treatment process without first receiving written approval from the Department,
 

this exclusion of waste will be void from the time the process was modified. . (3-16-96)
 

iv. ESII's Petition for Delisting Treated K061 Dust by the Super Detox(R) Process submitted to the
 

Department on July 14. 1995 is available at the Division of Environmental Quality, Permits and Enforcement, 1410
 

N. Hilton, Boise, Idaho 83706. (3-16-96) 

f. Records and Data Retention and Submittal. (3-16-96) 

i. Records of disposal site, operating conditions, and analytical data from verification testing must be
 

compiled, summarized. and maintained at ESII's Grand View facility for a minimum of five (5) years from the date
 

Page 4 

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•
 

IDAHO ADMINISTRATIVE CODE IDAPA 16.01.05
 

DHW, Division of Environmental Quality Hazardous Waste
 

the records or data are generated. (3-16-96) 

ii. The records and data maintained by ESII must be furnished upon request to the Department or EPA. 

(3-16-96) 

111. Failure to submit requested records or data within ten (10) business days of receipt of a written 

request or failure to maintain the required records and data on site for the specified time. will be considered by the 

Department. at its discretion. sufficient basis to revoke the exclusion to the extent directed by the Department. 

(3-16-96) 

iv. All records or data submitted to the Department must be accompanied by a signed copy of the 

following certification statement to attest to the truth and accuracy of the records or data submitted: "Under civil and/' 

or criminal penalty of law for the making or submission of false or fraudulent statements or representations. I certify 

that the information contained in or accompanying this document is true. accurate. and complete. As to any identified 

sections of this document for which I cannot personally verify the truth and accuracy, I certify as the ESII official 

having supervisory responsibility for the persons who. acting under my direct instructions. made the verification that 

this information is true, accurate. and complete. In the event that any of this information is determined by the 

Department in its sole discretion to be false. inaccurate. or' incomplete. and upon conveyance of this fact to ESII. I 

recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by the 

Department and that ESII will be liable for any actions taken in contravention of ESII'~ RCRA and CERCLA 

obligations premised upon ESII's reliance on the void exclusion." (3-16-96) 

006. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. 

01. Incorporation By Reference. 40 CFR Part 262 and all Subparts are herein incorporated by reference 

as provided in 40 CFR. revised as of July L 1996. except reference to 40 CFR 265 Subpart Cc. For purposes of 40 

CFR 262.53, 262.55, 262.56. and 262.57(b), "Regional Administrator" shall be defined as the U.S. Environmental 

Protection Agency Region 10 Regional Administrator. Copies of advance notification. annual reports, and exception 

reports. required under those sections. shall also be provided to the Director. For purposes of 40 CFR 262.51 and 

262.54(g)(l), EPA shall be defined as the U.S. Environmental Protection Agency. (7 -2-97) 

02. Generator Emergency Notification. In addition to the emergency notification ,required by 40 CFR 

265.56(d)(2) and 262.34(d)(5)(iv)(c). (see 40 CFR 262.34(a)(4)), the emergency coordinator must also immediately 

notify the State Communications Center by telephone. 1-800-632-8000, to tile an identical report., (7 -1-97) 

007. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE. 

40 CFR Part 263 and all Subparts are herein incorporated by reference as provided in 40 CFR. revised as of July I, 1996. 

(7-2-97) 

008. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 

STORAGE AND DISPOSAL FACILITIES. 

40 CFR Part 264 and all Subparts (excluding 40 CFR 264.149 264.150. 264.301(1), and Subpart CC) are herein 

incorporated by reference as provided in 40, CFR. revised as of July 1, 1996. For purposes of 40 CFR Subsection 

264.12(a); "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency Region 10 

Regional Administrator, (7-2-97) 

009. INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE AND DISPOSAL FACILITIES. , 

40 CFR Part 265. and all Subparts (excluding Subpart R, Subpart CC, 40 CFR 265.149 and 265.150) are herein 

incorporated by reference as provided in 40 CFR. revised as of July I, 1996. For purposes of 40 CFR Subsection' 

265.12(a), "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency Region 10 

Regional Administrator. (7-2-97) 

010. STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC 

TYPES OF HAZARDOUS WASTE FACILITIES. 

40 CFR Part 266 and all Subparts (excluding Subparts A and B) are herein incorporated by reference 'as provided in 

40 CFR. revised as ofJuly L 1996. (7-2-97) 

Page 5 
An application for a siting teens shall be accompanied by a siting license fee in an amount 

IDAHO ADMINISTRATIVE CODE IDAPA 16.01.05 

DHW, Division of Environmental Quality Hazardous Waste 

011. LAND.DISPOSAL RESTRICTIONS. o 

40 CFR Part 268 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as of July L 

1996. except for 40 CFR 268.I(e)(3). 268.5. 268.6. and 268.42(b), The authority for implementing the provisions of 

these excluded sections remains with the EPA. However. the requirements of Sections 39-4403(16) and 39.-4423, 

Idaho Code, shall be applied in all cases where these requirements 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 the same case-by-case variance to the' equivalent requirement of these rules. . (7-2-97) 

012: HAZARDOUS WASTE PERMIT PROGRAM. 

40 CFR Part 270 and all Subparts are herein incorporated by reference as provided in 40 CFR. revised as of July I, 

1996. except reference to 40 CFR 264 Subpart CC and 40 CFR 265 Subpart Cc. For purposes of 40 CFR 270.2. 

270.5. 270.1O(e)(2), 270.10(e)(3). 270.1O(f)(3). 270. 72(a )(5), and 270.72(b)(5), "EPA" and "Administrator" or 

"Regional Administrator" shall be defined as the U.S. Environmental Protection Agency and the U.S. Environmental 

Protection Agency Region to Regional Administrator respectively. . (7-2-97) 

013. PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR HWMA 

PERMIT APPLICATIONS). 

40 CFR Part 124. Subpart A is herein incorporated by reference as provided in 40 CFR, revised as of July L 1996. For 

purposes of 40 CFR 124.6(e). 124.10(b), and 124.10(c)(1)(ii) "EPA" and "Administrator" or "Regional 

Administrator" shall be defined as the U.S. Environmental Protection Agency and the U.S. Environmental Protection 

Agency Region 10 Regional Administrator. respectively. (7-2-97) 

014. INTERIM STATUS SURFACE IMPOUNDMENTS. 

In accordance with Section 3005U) of RCRA which is herein incorporated by reference. surface impoundments in 

existence on November 8, 1984, and qualifying for interim status shall not receive, store or treat hazardous waste after 

November 8; 1988. unless retrofitted to meet standards applicable to new impoundments or subject to an exemption. 

Copies of the federal statute herein incorporated by reference are available in the locations provided in Subsection 

002.02. Standards applicable to new surface impoundments which are referenced in Section 3005(j) of RCRA as 

requirements of Section 3004(0) (42 U.S.c. 6924(o))appearin federal regulations as 40 CFR Parts 264.221-231 and. 0 

265.221-230 and are incorporated as provided in Sections 008 and 009. (3-1-93) 

015. STANDARDS FOR THE MANAGEMENT OF USED OIL. 

. 01. Incorporation by Reference. 40 CFR Part 279 and all Subparts are herein incorporated by reference 

as provided in 40 CFR. revised as of July 1.1995. . .(7-1-97) 

02. Used Oil as a Dust Suppressant. 40 CFR Part 279 contains a prohibition on the use of used oil as a 

dust suppressant at 279.82(a), however. States may petition EPA to allow the use of used oil as a dust suppressant. 

Members of the public may petition the State to make this application to EPA. This petition to the State must: 

(2-11-94) 

a. Be submitted to the Idaho Division of Environmental Quality, 1410 North Hilton, Boise, Idaho 

83706; and (2-11-94) 

b. Demonstrate how the requirements of40 CFR 279.82(b) will be met. (2-11-94) 

016. STANDARDS FOR UNIVERSAL WASTE MANAGEMENT. 

40 CFR Part 273 and all Subparts are herein incorporated by reference as provided in 40 CFR. revised as of July 1, 1996. 

(7-2-97) 

017. -- 354. (RESERVED). 

Page 6 o 
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IDAHO ADMINISTRATlVE CODE IDAPA 16.01.05 

DHW, Division of Environmental Quality Hazardous Waste 

license application and the characteristics of the proposed 

the projected site size. projected waste volume. and the hydrogeological 

(3-1-93) , 

"Projected Waste Volume" means the total actual or potential hazardous waste volume. in gallons or 

urernent. proposed for the hazardous waste facility. ·(3-1-93) 

means the sum in acres of all proposed "Hazardous Waste Management Unius)" as 

CFR 260.10). (7-1-97) 

cale. Except as provided in Subsection 355.03. the siting license fee required by 

HWFSA and these rules shall be termined using the table below. 

LICENSE FEE SCAL PROJECTED HAZARDOUS WASTE VOLUME (gallons) 

the osts to the Department of reviewing the ~iting hazar us waste facility. including 

characte ' tics surrounding the site. 

a. 

an equivalent me 

ize" 

02. License Fee 

56.000 

S4.000 

S5.000 

10,000·20,000 

55.000 

I acre or greater 

Site Size 

Less than 1/2 acre 

Equal to or greater than 1/2 acre. 

but less than I acre 

More Than 20,000 

57.500 

$7.500 

57.500 

• 03. License Fee for Facilities Required to Submit Engin ing or Hydrogeological Information. For 

any proposed commercial hazardous waste disposaL treatment or storage fa [lity or any on-site land disposal facility 

for wastes listed pursuant to Section 20 l(d)(2) and (e), as .rnodified by Sect! 209 of the Federal Hazardous and 

Solid Waste Amendments of 1984~ which must submit engineering or hydro ological information to indicate 

compliance with technical criteria as adopted in the Hazardous Waste Managemen Ian, the siting license fee shall 

be seven thousand five hundred dollars (S7,500). (3-1-93) 

04. Expansion. Enlargement or Alteration of a Commercial Hazardous Wast isposal. Treatment or 

Storage Facility or any On-site Land Disposal 'Facility for Wastes Listed Pursuant to Section 01(d)(2) and (e), as 

Modified by Section 209 of the Hazardous and Solid Waste Amendments of 1984. The sig ificant expansion; 

enlargement or alteration of a hazardous waste treatment. storage or disposal facility in existence July 1. 1985, 

constitutes a new proposal for which a siting license is required and for which a siting license fee must paid. 

9-22-89) 

05. Siting License Fee Nonrefundable. The siting license fee required by these rules sh be 

nonrefundable and may not be applied toward any subsequent application shouid the siting license application e 

356; VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES. 

01. Application Contents and Standard of Review. Applications for variances shall be submitted in 

triplicate and shall contain such detailed plans. specifications. and information regarding objectives, procedures. 

controls. and other pertinent data as the Director may require. A variance shall not exceed one.Cl) year in duration. 

The Director may grant a variance only if the applicant demonstrates to the Director's satisfaction that construction 

and operation of the TSD facility or site in the manner allowed by the variance and any term or condition imposed as 

part of the variance: (6-10-88) 

a. Is required to avert unnecessary and significant hardship; (6-1'0-88) 

• b. Is-not inconsistent with EPA requirements: and (6-10-88) 

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IDAHO ADMINISTRATIVE CODE IDAPA 16.01.05
 

DHW, Division of Environmental Quality Hazardous Waste
 

o 

c. Will not create a nuisance or a hazard to the public health. safety or the environment. (6-10-88)" 

sh hold a public hearing on any application to renew or extend a variance. The public hearing shall be held at a
 

locati n in the county where the operations that are the subject of the application for the variance are conducted
 

unless e Director determines that a different location would be more appropriate and convenient for interested
 

members . the public. The Director shall give at least twenty (20) days' notice of the hearing to the applicant by
 

certified m and shall cause at least one (1) publication of notice in a newspaper with general circulation in either
 

the county wh e the operation is conducted or the county where the hearing is to be held. The Directorshall cause to
 

be made a comp te record of the testimony and the evidence submitted at the hearing. (6-10-88)
 

03. Pu ic Information. All information submitted as part of a variance application shall be treated as
 

public information an hall not be subject to any claim of confidentiality. The Director shall make the application
 

available for public ins ction at the Department's central office and at the appropriate regional office of the
 

Department's Division of vironmental Quality. The Director shall make available" for public inspection at the
 

Department's central office an at all regional offices of the Department's Division of Environmental Quality a current
 

list of pending applications for iances and a current schedule of pending" variance hearings. (3-1-93)
 

04. Director's Decisio No variance shall be issued or denied until the Director has considered the
 

relative interests of the applicant. othe ersons and property affected by the variance and the public. Any variance
 

granted pursuant to this section shall be 'or a period specified by the Director but not more than one (1) year. No
 

variance shall be issued or denied without written order stating the findings upon which the decision is based.
 

" (3-1-93) 

05. Applicant to Bear Costs. The St of public notice. recording and transcribing of testimony and
 

hearing facilities shall be borne by the applicant. reg dless of whether or not a variance is issued. (6-10-88)
 

357. ··499. (RESERVED). 

500. ROUTING OF HAZARDOUS WASTE SHIPM o 

01. Transporting. Any person transporting aquan "ty of hazardous waste which requires a manifest
 

shall. to the extent possible: (6-10-88)
 

a. Use state. United States and interstate highways; and (6-10-88) 

b. Avoid municipalities and population centers. even when doi so may add miles to the distance traveled.
 

(6-10-88)
 

02. Director's Conditions. The Director may, upon a finding that as" ment Of shipments of hazardous
 

waste constitutes a greater than normal risk to the public health, safety or environm t. prescribe by order particular
 

conditions for that shipment or shipments including but not limited to special plac ing, pilot vehicles, routing
 

restrictions, parking restrictions and timing restrictions.
 (6-10-88) 

501. .. 799. (RESERVED). 

800. INSPECTION PLA.N -- FREQUENCY LEVELS. 

The Department may, as time and resources permit. conduct regular inspections of persons or entitie ubject to these 

ilities

(3- -91) 

" rules. their records. and property at approximately the following frequency levels based upon poten . 

public health or environment. 

oI. Commercial TSD Facilities, Commercial TSD facilities or sites or offsite generator rSD t
 

or sites. up to every day. "
 

02. Generator On-site TSD Facilities. Generator on-site TSD facilities or sites -- 'up to. twenty (2 

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necessary for the ef ective or efficient enforcement of HWMA and these rules. 

801. -, 849. 

850. 

04. Transport Facilities. Transport facilities or sites -- up to twelve (12) times per year. (3-1-93) 

as. Generators. Generators -- up to twelve (12) times.per year. (3-1-93) 

06. Conduct Inspections. Nothing in the preceding schedule of frequency levels may be construed as 

limiting the D artrnent's authority to conduct inspections when there is reasonable cause to suspect a violation of 

HWMA or these ules. The Director may by policy guidance memorandum modify the inspection trequencyIevels as 

(3-1-93) 

a1. False Stateme s or Representations. Any person who makes a false statement or representation in 

any application, label. manifest. re rd. report. permit or other document filed. maintained or used for the purpose of 

complying with these rules or HW thereby commits a violation. Each false statement or representation constitutes 

a separate and distinct violation for wli' h civil penalties may be imposed. Any person who knowingly makes' a false 

statement or representation of the typ described above is. in addition to civil penalties, subject to criminal 

prosecution for the commission of a misde anor for each statement or representation. (3-1-93) 

02. . Failure to Comply With The Rules, The HWMA, or Other Requirements. Any person who 

violates these rules. HWMA. or any permit. stand d. condition, requirement, compliance agreement or order issued 

pursuant to these rules or HWMA thereby commit violation. Civil penalties may be imposed for each separate 

violation and for each day of continuing violation., y person who knowingly commits a violation of the type 

described above is, in addition to civil penalties. subject t criminal prosecution for the commission of a misdemeanor 

for each separate violation and for each day of a continuing. iolation. (3-1-93) 

851. -- 899. (RESERVED). 

900. EXPENDITURES FROM HAZARDOUS WASTE EM GENCY ACCOUNTS. 

The Director may declare a hazardous waste emergency if the public li Ith-. safety or the environment are threatened 

by a release or threat of release of a hazardous waste or a substance whic has become a hazardous waste. Following 

a hazardous waste emergency declaration. the Department may spend 0 bligate to be spent up to two hundred 

thousand dollars (S200,000) from the Hazardous Waste Emergency Account d from the Hazardous Waste Training, 

Emergency, and Monitoring Account by appropriation. to obtain equipment and aterials, conduct investigations, test 

samples. and employ personnel as necessary or eliminate or mitigate the immedia threat and stabilize the situation. 

The Director may authorize the expenditure or obligation of more than two hundred ousand dollars (S200.000) from 

these accounts in any given situation upon a finding by the Board that a greater expe iture or obligation is prudent 

and necessary to protect the public health. safety or environment. (2-11-94) 

901.··995. (RESERVED). 

996. ADMINISTRATIVE PROVISIONS.
 

Except as 'set forth in Section 013 administrative appeals from all final agency decisions shall be g erned by Idaho
 

Department of Health and Welfare Rules. IDAPA 16. Title as, Chapter 03, Section 000 et seq., "R s Governing
 

Contested Cases and Declaratory Rulings." (2-11-94)
 

997. COtSFIDENTIALITY OF RECORDS.
 

Any 'disclosure of information obtained by the Department is subject to the restncnons contained in aho
 

Department of Health and Welfare Rules. Title as, Chapter ai, "Rules Governing the Protection and Disclosur f
 

Department Record~;" HWMA Sect!on. 39-4411 (3), Idaho Code: the Idaho Public Writings Act, Sections 9-337 e .
 

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998. 

For the purposes 

INCLUSIVE 

of these 

GENDER 

rules. words used in the 

AND NUMBER. 

masculine gender also include the feminine and neuter gender. and G

vice versa. where appropriate. Words in the singular include the plural arid words in the plural include the singular. 

(3-1-93) 

The provisions of these rules are severa ed invalid for any reason. that 

o
 

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