### EPA APPROVED IDAHO REGULATORY REQUIREMENTS APPLICABLE TO THEHAZARDOUS WASTE MANAGEMENT PROGRAM MARCH 2004 .

IdahoAdministrative Code DepartmentofEnvironmental Quality IDAPA 58.01.05 - "Rules and Standardsfor HazardousWaste" Jul 2002 - Volume 9 

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# LJ~~L·:t:·:rr-~·:**.-~:~** 2 58.01.05.001 Title. 2 exceptions; availability ofreference materials; Superintendent of Documents; Administrative Procedures Section. 58.01.05.002 Incorporationby reference ofFederal regulations, subject to certain

2-3 58.01.05.003 Definitions 3 Part 260. 58.01.05.004 Hazardous waste management system; adoption ofJuly 1, 2001, 40 CFR

3-6 CFR Part 261. 58.01.05.005 Identification and listing ofhazardous waste; adoption ofJuly 1, 2001, 40

6 1993,40 CFR Part 262, subjectto certain exceptions. 58.01.05.006 Standards applicable to generators ofhazardous waste; adoption ofJuly 1,

6 1993,40CFR 263. 58.01.05.007 Standards applicable to generators ofhazardous waste; adoptionofJuly 1,

Standards for owners and operators ofhazardous waste treatment, storage, 7 and disposal facilities; adoptionofJuly 1, 2001, 40 CFR Part 264, subject to certain exceptions. . 58.01.05.008

7 treatment, storage, and disposal facilities; adoption ofJuly 1, 2001, 40 CFR Part265, subject to certain exceptions. 58.01.05.009 Interim status standards for owners and operators ofhazardous waste

7 types ofhazardous waste facilities, adoption ofJuly 1, 2001, 40 CFR Part 58.01.05.010 Standards for the management ofspecific hazardous wastes and specific 266. 58.01.05.011 7 Land disposal restrictions; adoption ofJuly 1, 2001, 40 CFR Part268. 58.01.05.012 7 270, subjectto certain exceptions. Hazardous waste permitprogram; adoption ofJuly 1, 2001, 40 CFRPart

58.01.05.013 Procedures for decision-making (State procedures for RCRA or HWMA 7 permit applications.); adoptionofJuly 1,2001,40 CFR Part 124, Subparts AandB. 58.01.05.014 Interim status surface impoundments RCRA 3005(j). 7


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# IDAHO ADMINISTRATIVE CODE July 2002 - Volume 9

Official Publication of the State of Idaho Published by the Department of Administration Office of Administrative Rules



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The Idaho Administrative Code is published annually by the Office of the Administrative Rules Coordinator, Department of Administration, Statehouse Mail, Boise, Idaho 83720-0306, pursuant to Title 67,- Chapter 52, Idaho Code. Dirk Kempthorne, Governor. Pamela 

## I. Ahrens. Director, Department of Administration Rick Thompson, Administrative Rules Coordinator Dennis Stevenson, Assistant Rules Coordinator, Editor Karen Gustafson, Assistant Rules Coordinator, Editor

Edward Hawley, Data Analyst, Production Assistant Cover Photo Courtesy of the City of Boise Printed by Meridian Quality Copy 

## &Print, Inc., Meridian, Idaho Internet Address: http://www2.state.id.us/adm/adminrules/

# Table- 

# of Contents

58.01.05
- RULES AND STANDARDS FOR HAZARDOUS WASTE 000. LEGAL AUTHORITY 2 001. TITLE 2 002. INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS 2 003. DEFINITIONS , 2 004. HAZARDOUS WASTE MANAGEMENT SYSTEM 3 005. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 3 006. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE 6 007. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE 6 008. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES ; 7 009. INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES 7 010. STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES 7 011. LAND DISPOSAL RESTRICTIONS 7 012. HAZARDOUS WASTE PERMIT PROGRAM : 7 013. PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR HWMA PERMIT APPLICATIONS) 7 014. INTERIM STATUS SURFACE IMPOUNDMENTS 7 015. STANDARDS FOR THE MANAGEMENT OF USED OIL. 8 016. STANDARDS FOR UNIVERSAL WASTE MANAGEMENT 8 017. -- 354. (RESERVED) 8 . 355. HAZARDOUS WASTE FACILITY SITING LICENSE FEE : 8

356. VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES 9 357. -- 499.**(~ESERVED)** 9 500. ROUTING OF HAZARDOUS WASTE SHIPMENTS 10 501. -- 799. (RESERVED) : 10 800. INSPECTION PLAN -- FREQUENCY LEVELS 10 801. -- 849. (RESERVED) 10 850. ILLEGAL ACTIONS 10 851. - 899. (RESERVED) 11 900. EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNTS 11 901. -- 995. (RESERVED) 11 996. ADMINISTRATIVE PROVISIONS 11 997. CONFIDENTIALITY OF RECORDS 11 998. INCLUSIVE GENDER AND NUMBER.

.. ; 11 999. SEVERABILITY 11

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### IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05· Rules and Standards Department ofEnvironmental Quality forHazardous Waste (3-15-02) 06. U.S. Environmental Protection Agency orEPA, EPA Headquarters, or EPA. When used in the context of40 CFR, the definition shall be the Idaho Department ofEnvironmental Quality, except when used to refer to an EPA Identification number, EPA hazardous waste number, EPA forms, publications or guidance, and EPA Acknowledgment ofConsent, and where noted in these rules. Under the latter circumstances, the definition shall be the U.S. Environmental Protection Agency and the Headquarters ofthe U.S. Environmental Protection Agency as appropriate. When used in the context of these rules, the definition shall be the U.S. Environmental Protection Agency, (3-15-02) 07. 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 of40 CFR, the definition shall be the comparable sections ofthe Hazardous Waste 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 6901 et seq. (7-1-97) "11. Regional Administrator Or Administrator. When used in the context of40 CFR, the definition shall be the Director ofthe Idaho Department ofEnvironmental Quality, 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 Administrator or Region 10 Regional Administrator as appropriate. (3-15-02) 

### 12. TSD. Treatment, storage or disposal. (6-10-88) 13. United States Or U.S. When used in the context of40 CFR, the definition shall be the state of Idaho, except where noted in these rules. When used in the context ofthese rules, the definition shall be the United States. . (7-1-97) 004. HAZARDOUS WASTE MANAGEMENT SYSTEM. 40 CFR Part 260 and all Subparts, except 40 CFR 260.2, are herein incorporated by reference as provided in 40 CFR, revised as of July I, 2001. For purposes of 40 CFR 260.10, in the definition of hazardous waste constituent, "Administrator" shall be defined as the U.S. Environmental Protection Agency Administrator. For purposes of40 CFR 260.20, "Federal Register" shall be defined as the Idaho Administrative Bulletin. (3-15-02) 005. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. 40 CFR Part 261 and all Subparts, except the parenthetical, "(exceptas provided under 40 CFR 261.4(a)(17»,"in the second sentence of40 CFR 261.2(c)(3), and except the language "in the Region where the sample is collected" in 40 CFR 261.4(e)(3)(iii), are herein incorporated by reference as provided in 40 CFR, revisedas ofJuly 1,2001. For purposes of 40 CFR 261.10 and 40 CFR 261.11, "Administrator" shall be defined as the U.S. Environmental Protection Agency Administrator. For purposes of 40 CFR 261 Appendix IX, "EPA" shall be defined as the U.S. Environmental Protection Agency. (3-15-02) 01. Excluded Wastes. Chemically Stabilized Electric Arc Furnace Dust (CSEAFD) generated by Envirosafe Services ofIdaho, Inc. (ESII) at ESII's facility in Grand View, Idaho using the Super Detox(R) treatment process as modified by ESII and that is disposed ofin a Subtitle D or Subtitle C landfill is excluded from the lists of hazardous waste provided ESII 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 005.0I.c., must be performed according to SW-846 methodologies and the RCRA Part B permit, including future revisions. (3-16-96) 

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### IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 - Rules andStandards Department

### ofEnvironmental Quality for Hazardous Waste to the sample must be: (3-16-96) (1) Retested, and retreated ifnecessary, until it meets the levels set forth in Subsection 005.0l.d.; or (3-16-96) (2) Managed and disposed ofin accordance with Subtitle C ofRCRA. (3-16-96) vi. Each batch of CSEAFD shall be managed as hazardous waste in accordance with Subtitle C of RCRA until subsequent verification testing demonstrates that the CSEAFD meets the delisting levels specified in Subsection OOS.Ol.d. (3-16-96) 

### d. Delisting Levels. (3-16-96) i. All leachable concentrations for these metals must not exceed the following levels (mg/l): antimony 0.06

arsenic 0.50 barium 7.60 beryllium 0.010 cadmium 0.050 chromium 0.33 lead 0.15 mercury 0.009

nickel 1 selenium 0.16 silver 0.30 thallium 0.020 vanadium 2 zinc 70 (3-16-96) I ii. Metal concentrations must be measured in the waste leachate by the method specified in 40 CFR Part 26l.24. (3-16-96)


### e. Modification ofTreatment Process. (3-16-96) i. IfESII makes a decision to modify the Super Detox(R) 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)
111., IfESII modifies its treatmentprocess without first receiving written approval from the Department, this exclusion ofwaste will be void from the time the process was modified. (3-16-96)
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### IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05· Rules and Standards Department ofEnvironmental Quality forHazardous Waste 

### 008. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES

.. 40 CFR Part 264 and all Subparts (excluding 40 CFR 264.1(f), 264.149, 264.150, 264.301(1), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f) and 264.1080(g» are herein incorporatedby reference as provided in 40 CFR, revised as ofJuly 1,2001. For purposes of40 CFR Subsection 264.12(a), "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency Region 10 Regional Administrator. For purposes of 40 CFR 264.1082(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency. (3-15-02) 

### 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, 40 CFR 265.1(c)(4), 265.149, 265.150, 265.1030(c), 265.1050(f), 265.1080(e), 265.1080(f), and 265.1080(g» are herein incorporated by reference asprovided in 40 CFR, revised as ofJuly 1, 200 I. For purposes of40 CFR Subsection 265.12(a), "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency Region 10 Regional Administrator. For purposes of 40 CFR 265.1083(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency. (3-15-02) 

### 010. STANDARDS FORTHE 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 I, 200 I. (3-15-02) 

### 011. bAND DISPOSAL RESTRICTIONS. 40 CFR Part 268 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly I, 2001, 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 theprovisions ofthese excluded sections remains with the EPA. However, the requirements ofSections 39-4403(l'7) and 39-4423, Idaho Code, shall be applied in all cases where these requirements are more stringent than the federal standards. Ifthe Administrator ofthe 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 ofthese rules. For purposes of40 CFR 268.(2)(j) "EPA" shall be defined as the U.S. Environmental Protection Agency. For purposes of 40 CFR 268.40(b), "Administrator" shall be defined as U.S. Environmental Protection Agency Administrator. (3-15-02) 

### 012. HAZARDOUS WASTE PERMIT PROGRAM. 40 CFR Part 270 and all Subparts, except 40 CFR 270.12(a) and 40 CFR 270.14(b)(l8), are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1,2001. For purposes of40 CFR 270.2, 270.5, 270.1O(e)(2), 270.IO(e)(3), 270.10(f)(2), 270.1O(f)(3), 270.10(g), 270.11(a)(3), 270.32(a), 270.32(b)(2), 270.32(c), 270.51, 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 10 Regional Administrator respectively. (3-15-02) 

### 013. PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR HWMA PERMIT APPLICATIONS). 40 CFR Part 124, Subparts A and B are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1, 2001, except that the fourth sentence of 40 CFR 124.31(a), the third sentence of40 CFR 124.32(a), and the second sentence of40 CFR 124.33(a) are expressly omitted from the incorporation by reference ofeach ofthose subsections. For purposes of 40 CFR I24.6(e), 124.10(b), and 124.l0(c)(I)(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. (3-15-02) 

### 014. INTERIM STATUS SURFACE IMPOUNDMENTS. In accordance with Section 3005(j) ofRCRA 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 ofthe 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(0» appear in federal regulations as 40 CFR Parts 264.220-232 and 265.220-231 and are incorporated as provided in Sections 008 and 009. (3-15-02)
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### "**mAHOADMIMST~TWECODE** 

### IDAPA 58.01.05 • Rules andStandards Department ofenvironmental Quality forHazardous Waste



### , Waste Amendments of 1984, which must submit engineering or hydrogeological information to indicate compliance hnical criteria as adopted in the Hazardous Waste Management Plan, the siting license fee shall be seven thousand fiv (3:..1-93) 04.

. Expansion, EnJarg Or Alteration Of A Commen:ial Hazardous Waste Disposal, Treatment Or Storage Facility OrAny On-51 d Disposal FacilitY ForWastes Listed Pursuant To Section 201 (D)(2)And (E), As Modified By Section 209 Of rdous And Solid WasteAmendments Of1984. The significant expansion, enlargement or alteration of a hazardou te treatment, storage or disposal facility in existence on July 1, 1985, constitutes a new proposal for which a siting' e is required and for which a siting license fee must be paid.

.. (9-22-89) OS. Siting License Fee Nonrefundable. The siting license fee required by the s shall be nonrefundable and may not 

## be. applied toward any subsequent application should 

### the-siting license app IC .
356. VARIANCE APPLICATIONSFOR TSD FACILITIES OR SITES. 01. Application ContentsAnd Standard OfReview. 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 (1) year in duration. The Director may grant a variance only ifthe applicant demonstrates to the Director's satisfaction that construction and operation ofthe**T~D** facility or site in the mannerallowed by the variance and any term or condition imposed as part ofthe variance:

. ' (6-10-88)

. a. Is required to avert unnecessary and significant hardship; (6-10-88)

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

c. Will not create a nuisance or a hazard to the public health, safety or the environment. (6-10-88) an ed dollars ($7,500).

and s . hold a public hearingon any application to renew or extend a variance. The public hearing shall be held at a location in county where the operations that are the subject of the application for the variance are conducted unless the Dire determines that a different location would be more appropriate and convenient for interested members ofthe pu " The Director shall give at least twenty (20) days' notice of the hearing to the applicant by certified mail and shall c e at least one (1) publication ofnotice in a newspaper with general circulation in either the county where the operatio

. conductedor the county where the hearing is to be held. The Directorshall cause to be made a complete record ofthe . ony and the evidence submitted at the hearing. (6-10-88) 03. Public Information. All i ation submitted as part ofa variance application shall be treated as public information and shall not 

### be subject to an aim ofconfidentiality. The Director shall make the application available for public inspection at the Department's s office and appropriate regional office. The Director shall make available forpublic inspection at the Department's s office and all regional offices a current list ofpending applications for variances and a current schedule ofpending v e hearings. 

### (3-1-93) 04. Director's Decision. No variance shall be issued or " d until the Director has considered the relative interests of the applicant, other persons and property affected by the iance and the public. Any variance granted pursuant to this section shall 

### be for a period specified by the Director bu t more than one (1) year. No variance shall be issued or denied without a written order stating the findings upon whic e decision is based. 

### . (3-1-93) 

### OS. Applicant To Bear Costs. The cost ofpublic notice, recording and transcribing of hearing facilities shall be borne by the applicant, regardless ofwhether or not a variance is issued.

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### IDAHO ADMINISTRATIVECODE IDAPA 58.01.05· Rules and Standards Department ofEnvironmental Quality forHazardous Waste

900. PENDITURESFROM HAZARDOUS WASTE EMERGENCYACCOUNTS. The Director declare a hazardous waste emergency ifthe public health, safety or the environment are threatened by a release or thi 

### frelease of a hazardous waste or a substance which has become a hazardous waste. Following : a hazardous waste erne cy declaration, the Department may spend or obligate to be spent up to two hundred thousand dollars ($200,000 the Hazardous Waste Emergency Account to obtain equipment and materials, conduct investigations, test sample, d employ personnel as necessary or eliminate or mitigate the immediate threat and stabilize the situation. The Direct ay authorize the expenditure or obligation of more than two hundred thousand dollars ($200,000) from this accou . any given situation upon a finding by the Board that a greater expenditure or obligation is prudent and necessary tect the public health, safety or environment. (3-19-99) 901. - 995. (RESERVED). 996. ADMINISTRATIVE PROVISIONS.

. Except as set forth in Section 013 administrative appeals ofagency actions s be governed by IDAPA 58.01.23, "RulesofAdministrative Procedure Before the Board of Environmental Quality". (3-15-02) 997. CONFIDENTIALITY OF RECORDS. Information obtained by the Department under these rules shall be disclosed to the public in accord with Chapter 3, Title 9, Idaho Code. Information submitted under a trade secret claim may be entitled to confidential tt 

### ent by the Department as provided in Section 9-342A, Idaho Code, and IDAPA 58.01.21, "Rules Governing the Prot .



### . .. 

### .. " 998. INCLUSIVE GENDERAND NUMBER. For the purposes ofthese rules, words used in the masculine gender also include the feminine and neuter gender, and vice versa. where appropriate. Words in the singular include the plural and words in the plural include the singular. (3-1-93) invalid for any reason, that The proyision.s of these rules are**~.vera**

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