EPA APPROVED IDAHO REGULATORY REQUIREMENTS 

APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM 

MARCH 2004 . 

Idaho Administrative Code
 

Department of Environmental Quality
 

IDAPA 58.01.05 - "Rules and Standards for Hazardous Waste"
 

Jul 2002 - Volume 9
 

i.
 

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58.01.05.001 Title. 2

2 

exceptions; availability of reference materials; Superintendent of 

Documents; Administrative Procedures Section. 

58.01.05.002 Incorporation by reference of Federal regulations, subject to certain 

58.01.05.003 Definitions 2-3

3 

Part 260. 

58.01.05.004 Hazardous waste management system; adoption of July 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, subject to certain exceptions. 

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

6 

1993,40 CFR 263. 

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

Standards for owners and operators of hazardous waste treatment, storage, 7 

and disposal facilities; adoption ofJuly 1, 2001, 40 CFR Part 264, subject 

to certain exceptions. 

. 58.01.05.008 

7 

treatment, storage, and disposal facilities; adoption of July 1, 2001, 40 CFR 

Part 265, subject to certain exceptions. 

58.01.05.009 Interim status standards for owners and operators of hazardous waste 

7 

types of hazardous waste facilities, adoption of July 1, 2001, 40 CFR Part 

58.01.05.010 Standards for the management of specific hazardous wastes and specific 

266. 

58.01.05.011 Land disposal restrictions; adoption of July 1, 2001, 40 CFR Part 268. 7

58.01.05.012 7 

270, subject to certain exceptions. 

Hazardous waste permit program; adoption of July 1, 2001, 40 CFR Part 

58.01.05.013 Procedures for decision-making (State procedures for RCRA or HWMA 7 

permit applications.); adoption of July 1,2001,40 CFR Part 124, Subparts 

AandB. 

58.01.05.014 Interim status surface impoundments RCRA 3005(j). 7 

Page 1 of 2 
IDAHO
 

ADMINISTRATIVE
 

CODE
 

July 2002 - Volume 9 

Official Publication of the State of Idaho
 

Published by the Department of Administration
 

Office of Administrative Rules
 

e­

\ 

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 for Hazardous Waste
 

(3-15-02) 

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 Environmental Quality, except when used to refer 

to an EPA Identification number, EPA hazardous waste 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 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 of 40 CFR, the definition shall be the comparable sections of the 

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 of 40 CFR, the definition 

shall be the Director of the Idaho Department of Environmental Quality, 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 

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 of 40 CFR, the definition shall be the state of 

Idaho, except where noted in these rules. When used in the context of these 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 of 40
 

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, "(except as provided under 40 CFR 261.4(a)(17»," in the
 

second sentence of 40 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 of July 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 of Idaho, 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 of in 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 and Standards
 

Department ofEnvironmental Quality for Hazardous Waste
 

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

(1)	 Retested, and retreated if necessary, until it meets the levels set forth in Subsection 005.0l.d.; or 

(3-16-96) 

(2) Managed and disposed of in 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 of Treatment Process.	 (3-16-96) 

i. If ESII 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 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) 

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IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05· Rules and Standards
 

Department ofEnvironmental Quality for Hazardous 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 incorporated by reference as provided in 40 CFR,
 

revised as of July 1,2001. 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. 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 as provided in 40 CFR,
 

revised as of July 1, 200 I. 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. 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 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 of July 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 of July 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 the provisions of these excluded sections remains with the EPA. However, the requirements of Sections
 

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. 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. 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 of July 1,2001. For purposes of 40 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 of July 1,
 

2001, except that the fourth sentence of 40 CFR 124.31(a), the third sentence of 40 CFR 124.32(a), and the second
 

sentence of40 CFR 124.33(a) are expressly omitted from the incorporation by reference of each of those 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) 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(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 and Standards 

Department ofenvironmental Quality for Hazardous 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 Or Any On-51 d Disposal FacilitY For Wastes Listed Pursuant To Section 

201(D)(2) And (E), As Modified By Section 209 Of rdous And Solid Waste Amendments Of 1984. 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 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 (1) 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 T~D 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; (6-10-88) 

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 hearing on 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 of the 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 of notice in a newspaper with general circulation in either 

the county where the operatio . conducted or the county where the hearing is to be held. The Director shall cause to 

be made a complete record of the . ony and the evidence submitted at the hearing. (6-10-88) 

03. Public Information. All i ation submitted as part of a variance application shall be treated as 

public information and shall not be subject to an aim of confidentiality. 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 for public inspection at the Department's s office and all regional offices a current list of pending 

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 of public notice, recording and transcribing of 

hearing facilities shall be borne by the applicant, regardless of whether or not a variance is issued. 

Page 9 
IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05· Rules and Standards
 

Department ofEnvironmental Quality for Hazardous Waste
 

900. PENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNTS.
 

The Director declare a hazardous waste emergency if the 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 of agency actions s be governed by IDAPA 58.01.23,
 

"Rules of Administrative 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 GENDER AND NUMBER.
 

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 singular include the plural and words in the plural include the singular.
 

(3-1-93) 

The proyision.s of these rules are ~.vera invalid for any reason, that 

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