# • EPA APPROVEDIDAHO REGULATORY REQUIREMENTS APPLICABLETOTHEHAZARDOUSWASTEMANAGEMENTPROGRAM April 1999



# •

• IdahoDepartmentofHealthandWelfareRules andRegulations, IdahoAdministrativeCode, IDAPA 16, Title 1, Chapter5, "RulesandStandardsforHazardousWaste" as publishedon 

### Julv 1, 1997.

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### 16.01.05.001 Title. I 16.01.05.002 Incorporationbyreference ofFederal regulations, subject to certain I exceptions; availability ofreferencematerials; Superintendent of Documents; AdministrativeProcedures Section. 16.01.05.003 Definitions 1-2 16.01.05.004 Hazardouswastemanagement system; adoption of July 1, 1996,40CFR 2 Part 260. 16.01.05.005 Identification and listing ofhazardous waste; adoption of July 1, 1996,40 2-5 CFR Part 261. 16.01.05.006 Standards applicable to generators ofhazardous waste; adoption of July 1, 5 1993,40CFR Part 262, subjectto certain exceptions. 16.01.05.007 Standards applicable to generators of hazardous waste; adoption of July 1, 5 1993,40CFR 263. 16.01.05.008 Standards for owners and operators ofhazardous waste treatment, storage, . 5 and disposal facilities; adoption of July 1, 1996,40CFR Part 264, subject to certain exceptions. 16.01.05.009 Interimstatus standards for owners and operators ofhazardous 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 themanagementof 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, 1996,40CFR Part 268. 6 16.01.05.012 Hazardous waste permit program; adoption of July 1, 1996,40CFR Part 6 270, subjectto certain exceptions. 16.01.05.013 Procedures for decision-making (State procedures for RCRA or HWMA 6 permit applications.); adoption of July 1, 1996,40CFR Part 124, Subparts AandB. . 16.01.05.014 Interim status surface impoundments RCRA 3005(j)

. 6 

### Page 1 of 2

### EPA APPROVEDIDAHOREGULATORY REQUIREMENTS APPLICABLETOTHEHAZARDOUSWASTEMANAGEMENTPROGRAM April 1999 (cont'd) 

# o

I i


### IdahoDepartmentofHealthandWelfareRules and Regulations, IdahoAdministrativeCode,IDAPA 16,Title 1, Chapter5, "RulesandStandardsforHazardousWaste" as ublishedon 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 1996by Idaho DepartmentofAdministration· AllRights Reserved Printed in the United States ofAmerica

:.1



### The IdahoAdministrative Code ispublishedannually

## bythe Office of the Administrative Rules Coordinator, Department ofAdministration,Statehouse Mail, Boise,Idaho 83720-0011,pursuant to Title 67,Chapter 52,Idaho Code. PhilipE. Batt, Governor Pamela I.

### Ahrens, Director, Department ofAdministration RickThompson,Administrative RulesCoordinator DennisR. Stevenson and 

### KarenL, Gustafson,Assistantsto the RulesCoordinator EdwardHawley, Regulatory Data Analyst

., .



### .Printed

## byCH]Publishing, 1103WestMain,Middleton,Idaho CoverPhoto courtesyof 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 byreference 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 byreference 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. StateLaw 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 expresslyprovide 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 ofHealth 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 ofHealth 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 Chapter52. Title 67, Idaho Code. (3-1-93) 10. RCRA. When used in the context of40 CFR. the definition shall be the comparable sections of the HazardousWaste Management Act of 1983. Sections 39-4401 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 ofHealth and Welfare, or his designee. except where noted in these rules. When used in the context of these 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)



# o

L 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 programthat 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 005.0l.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 005.0l.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 005.0l.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) Theoperationaland analyticaltestdataissubmittedto theDepartmentpursuanttoSubsection005.0 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 ofCSEAFD 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 CSEAFDdo not exceed the levels set forth in Subsection 

### OOS.OI.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 SubtitleD or Subtitle C landfill. (3-16-96)
v. Ifthe 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
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### IDAHO ADMINISTRATIVECODE 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 ofTreatment 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 forDelisting Treated K061 Dust by the Super Detox(R) Process submittedto 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 theDepartment, 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 maintainedat 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 Departmentor 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 itsdiscretion. 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 datasubmitted: "Undercivil 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 incorporatedby 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 HAZARDOUSWASTE. 40 CFR Part 263 and allSubpartsare hereinincorporatedbyreferenceasprovidedin 40 CFR.revisedas ofJuly 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 5An application for a siting teens shall be accompanied by a siting license fee in an amount 

### IDAHO ADMINISTRATIVECODE IDAPA 16.01.05 DHW, Division ofEnvironmental Quality Hazardous Waste


### 011. LAND.DISPOSAL RESTRICTIONS. 

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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 Administratorrespectively.

. (7-2-97) 

### 013. PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR HWMA PERMITAPPLICATIONS). 40 CFRPart 124. Subpart A isherein incorporatedby reference as providedin 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 10Regional Administrator. respectively. (7-2-97) 

### 014. INTERIM STATUSSURFACE IMPOUNDMENTS. In accordance with Section 3005U) of RCRA which is herein incorporated by reference. surface impoundments in existenceon November8, 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 FORTHEMANAGEMENT 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 CFRPart 273 and all Subpartsare hereinincorporatedbyreferenceasprovidedin 40 CFR. revisedas of July 1, 1996. (7-2-97) 

### 017. -- 354. (RESERVED).

Page 6 

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# • IDAHO ADMINISTRATlVE CODE IDAPA 16.01.05 DHW, Division

# ofEnvironmental Quality Hazardous Waste

license application and the characteristics of the proposed the projected site size. projected waste volume. and the hydrogeological (3-1-93) , "ProjectedWaste Volume" means the total actual or potentialhazardous 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 FEESCAL 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 SiteSize

Less than 1/2 acre Equal to or greater than 1/2 acre. but less than I acre MoreThan 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 20l(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 fivehundred 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 newproposal for which a siting license isrequired 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; VARIANCEAPPLICATIONS 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. Isrequired to avert unnecessary and significanthardship; (6-1'0-88) 

# • b. Is-not inconsistent with EPA requirements: and (6-10-88) Page 7'-" 

### IDAHO ADMINISTRATIVE CODE IDAPA 16.01.05 DHW, Division ofEnvironmental 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 isconducted or the county where the hearing is to be held. The Directorshallcause 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 ofEnvironmental Qualityacurrent list of pending applications for iances and acurrent 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 borneby the applicant. reg dless of whether or not a variance is issued. (6-10-88) 

### 357. ··499. (RESERVED). 500. ROUTING OF HAZARDOUS WASTE SHIPM 

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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. Avoidmunicipalitiesandpopulationcenters.even when doi so may add miles to thedistancetraveled. (6-10-88) 02. Director's Conditions. The Director may, upon a finding that as" ment Ofshipments ofhazardous 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 ofpersons 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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• IDAHO ADMINISTRATIVE CODE IPAPA 16.01.05 DHW, Division ofEnvironmental Quality Hazardous Waste

necessary for the efective 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 bypolicy 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. subjectt criminalprosecution for the commission ofamisdemeanor for each separate violation and for each day of a continuing. iolation. (3-1-93) 

### 851. -- 899. (RESERVED). 900. EXPENDITURESFROM 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 arelease or threat of release of a hazardous waste or a substance whic has become ahazardous 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 HazardousWaste 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 ousanddollars (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 OFRECORDS. Any 'disclosure of information obtained by the Department is subject to the 

### restncnons contained in aho Department ofHealth 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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### IDAHO ADMINISTRATIVECODE IDAPA 16.01.05 DHW, Division ofEnvironmental Quality Hazardous Waste 998. INCLUSIVE GENDERAND NUMBER. 

# G For the purposes of these rules. words used in the masculine gender also include the feminine and neuter gender. and vice versa. where appropriate. Words in the singularinclude the plural arid words in the plural includethe singular. (3-1-93)
Theprovisions of these rules are severa ed invalid for any reason. that



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