IDAHO 


ADMINISTRATIVE 


CODE 


July 2008 - Volume 12 

Official Publication of the State of Idaho 


Published by the Department of Administration 


Office of the Administrative Rules Coordinator 


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

Administrative Rules Coordinator, Department of Administration, Statehouse Mail, 

80ise, Idaho 83720-0306, pursuant to Title 67 t Chapter 52, Idaho Code, 

C.L. "Butch" Otter, Governor 


Mike Gwartney, Director, Department of Administration 


Edward Hawley, Administrative Rules Specialist 


Brad Hunt, Desktop Publishing Specialist 


Printed by AlphaGraphics, Boise, Idaho 

Internet Address: http://adm.idaho.gov/adminrules! 
Table of Contents 


68.01.05 - 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 Generato~ 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. ..................................................................................... 6 


009. 	Interim Status Standards For Owners And Operators Of Hazardous Waste 


Treatment. Storage And Disposal Facilities. ..................................................... 6 


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. ................................................. 7 


016. Standards For Universal Waste Management. ................................................. 8 
 u 

017. (Reserved).........................................................................................................8 


018. Standards For Owners And Operators Of Hazardous Waste Facilities Operating 


Under A Standardized Permit. .......................................................................... 8 


019. - 354. (Reserved).............................................................................................. 8 


355. Hazardous Waste Facility Siting License Fee. .................................................. 8 


356. Variance Applications For TSD Facilities Or Sites. ........................................... 9 


357. - 499. (Reserved).............................................................................................. 9 


500. Routing Of Hazardous Waste S/JiRQ1ents....................................................... 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 HazardousWC\~te Emergency Account. .......................... 11 


901. -- 995. (Reserved)............................................................................................ 11 


996. Administrative Provisions. ............................................................................... 11 


997. Confidentiality Of Records. ............................................................................. 11 


998. Inclusive Gender And Number. ....................................................................... 11 


999. Severability. .................................................................................................... 11 


Page 1 


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IDAPA 58 


TITLE 01 


CHAP.:r:E,~ 05 


58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE 

Waste Management Act of 1983, as amen e " -4401 et seq., Idaho Code, and the author'ty 

These rules are a 0 	 uthority vested in the Board of Environmental Quality by the Hazardo s 

vested in the Director ~f the Department of Environmental Quality by the az '. Sitin Ac ,of ., 

001. TITLE. 


These rules shall be known as Idaho Department of Environmental Quality Rules, IDAPA 58.01.05, "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 - 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 1, 2007, including any notes and appendices 


therein, unless expressly provided otherwise in these rule's. (4-2-08) 


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

Underground Injection Control (U.I.C.) 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. (3-30-07) 

02. Availability of Referenced Materiai.~ Tlie federal regulations adopted by reference throughout 

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

R. U.S. Government Printing Office, http://www.gpoaccess.gov/index.html; and (3-20-04) 

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

and (7-2-97) 

c. 	 Department of Environmental Quality, 1410 N. Hilton, Boise, ID 83706-1255, (208)373-0502. 

(7-2-97) 

003. DEFINITIONS. 


For the pUI'pose 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 ofEnvil'onmental Quality. 	 (6-10-88) 

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

03. Department. The Idaho Department of Environmental Quality. 	 (6-10-88) 

04. Director. When used in the context of 40 CPR, the definition shall be the Director of the Idaho 

Department of Environmental Quality, or his designee, as the context requires. When used in the context of these 

rules, the definition shall be the U. S. Environmental Protection Agency Region 10 Regional Administrator. (5-3-03) 

OS. Environmental Appeals Board. When used' in the context of 40 CPR, the definition shall be the 

Idaho Board of Environmental Quality except as set forth in Section 39-4413(2), Idaho Code, or except where noted 

in these rules. When used in the context of these rules, ttie'definition shall be the U.S. Environmental Appeals Board. 

(3-15-02) 

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

context of40 CFR, the definition shall be the Idaho Department of Environmental Qualit/,. 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 Facil~ Siting Actofl985, 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. lDAPA. The Idaho Administrative Procedures Act, Chapter 52, Title 67, Idaho Code. 	 (3-1-93) 

10. RCRA. When usedin the context of40 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 ofthese 

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

(1-1-91) 

11. Regional Administrator or Administrator. When used in the context of 40 CFR, the definition 

shall be the Director ofthe 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, ex.cept 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 1, 2001. For purposes of 40 CFR 260.1(>,.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. (4-2-08) 


005. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. 


40 CFRPart 261 and all Subparts, except the language "in the Region where the sample is collected" in 40 CFR 


261.4(e)(3)(iii), except remanded waste codes "K064. K065; K066, K090 and K09I" listed in 40 CFR Part 261 


Appendix VII, and except 40 CPR 261.23(a)(8), are herein incorporated by reference as provided in 40 CFR, revised 


as of July 1,2007. For purposes of40 CFR 261.10 and 40 CFR 261.11, "Administrator" shall be defined as the U.S, 


Environmental Protection Agency Administrator. For purposes of40 CFR 261.41 (a), Regional Administrator shall be 


defined as U.S. Environmental Protection Agency Region 10 Regiona] Administrator. Copies of advance notification 


required under this section should also be sent to the Director. For purposes of 40 CPR 261.4(b )(11 )(ii), 40 CFR 


261.39(a)(5), and 40 CFR 261 Appendix IX, «EPA" shall be defined as the U.S. Environmental Protection Agency. 


(4-2-08) 

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

Envirosafe Services ofIdaho. Inc. (BSII) at ESII's facility in Grand View, Idaho using the Super Detox(R) treatment 

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

hazardous waste proVIded ESH 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 OOS.01.b. and 005.0I.c., must be performed according to SW-846 

methodologies and the RCRA Part B permit, including ful\lre revisions. (3-16-96) 

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b. Initial Verification Testing. (3-16-96) 

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

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

waste has not previously been processed by ESII using the Super Detox(R) 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 OOS.01.d. (3-16-96) 

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

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

(I) The waste profile information; and (3-16-96) 

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

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

OOS.01.a. Each of the four (4) samples shall be analyzed to determine if the CSEAFD generated meets the delisting 

levels specilied in Subsection OOS.01.d. (3-16-96) 

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

specified in Subsection 005.01.d., ESII shall submit the operational and analytical test data, including quality control 

information, to the Department, in accordance with Subsection 005.01.f. Subsequent to such data submittal, the 

CSEAFD generated from EAFD originating from the ne~ 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 ofRCRA until: (3-16-96) 

(1) Initial verification testing demonstrates)th'at the CSEAFD meets the delisting levels specified in 

Subsection OOS.01.d.; and " (3-16-96) 

(2) The operational and analytical test data is submitted to the Department pursuant to Subsection 

OOS.01.b.iv. (3-16-96) 

vi. For purposes of Subsections OOS.OLb. and OOS.01.c., "batch" shall mean the CSEAFD which 

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

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

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

with Subsection 005.0l.a., 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 ofCSEAFD. (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 OOS.01.d. (3-16-96) 

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

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

iv. Ifthe levels ofconstituents measured in a sample, or composite sample, ofCSEAFD do not exceed 

the levels set forth in Subsection OOS.Ol.d., then any batch ofCSEAFD 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 005.01.d., then ESII must submit written notification of the results of the analysis to the • ~,!, 

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Department ofEnvironmental Quality Rules & Standards for Hazardous Waste 


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 ifnecessary, until it m~ts the levels set forth in Subsection OOS.01.d.; or , I I (3-16-96) 

(2) Managed and disposed of in accordance with Subtitle C of RCRA. 	 (3-1~96) 

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

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

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

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

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

i antimony 0.06 merC\lry 0.009 

arsenic 0.60 nickel 1 

barium 7.60 selenium 0.16 

beryllium 0.010 silver 0.30 

cadmium 0.050 thallium 0.020 

chromium 0.33 vanadIum 2 

lead 0.15 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. ,I' 	 (3-16-96) 

1. IfESIl makes a decision to modifY the Super Detox(R) treatment process from the description of 

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

to the Department on July 14. 1995, ESII shall notilY the Department in writmg 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) 

iii. 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) 

iv. ESIJ'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 Department of Environmental Quality, Permits and Enforcement, 

1410N. I-lilton, 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 ESl\ 's Grand View facil ity for Ii minimum of five (5) years from the date 

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

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

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Department ofEnvironmental Quality Rules & Standards for Hazardous Waste 


EPA. (3-16-96) 

Ill. 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 bepartment must be accompanied by a signed copy of the 

following certification statement to attest to the truth and accuracy ofthe 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 J 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 ESll's RCRA and CERCLA 

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

g. Facility Merger and Name Change. On May 4, 2001, the Department was notified of a stock 

transfer that resulted in ESII's facility merging with American Ecology. This created a name change from Envirosafe 

Services of Idaho, Inc. (ESII) to US Ecology Idaho, Inc. effective May 1,200 I. All references to Envirosafe Services 

ofIdaho, Inc. or ESiI now refer to US Ecology Idaho, Inc. (3-15-02) 

006. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. 

01. Incorporation by Reference. 40 CFR Part 262 and all Subparts, except for the language "for the 

Region in which the generator is located" in 40 CFR 262:42(a)(2) and 40 CFR 262.42(b), are herein incorporated by 

reference as provided in 40 CFR, revised as ofJuly 1,2007. For purposes of 40 CFR 262.55,262.56, and 262.57(b), 

"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, sball also be 

provided to the Director. For purposes of 40 CFR 262.21, 262.51, 262.53, 262.54(e), 262.54(g)(I), 262.60, and 

262.85(g), EPA shall be defined as the U.S. Environmental Protection Agency. For purposes of 40 CFR Part 262 

Subparts E, F, H, and 40 CFR 262.41 (a)(4), "United States or U.S." shall be defined as the United States. (4-2-08) 

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

265.56(d)(2), 262.34(d)(5)(iv)(C), (see 40 CPR 262.34(a){4», 263.30(cXI), and 264.56(d)(2), the emergency 

coordinator must also immediately notify the State Communications Center by telephone, 1-800-632-8000, to file an identical report. (3-15-02) 

007. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE. 


40 CPR Part 263 and all Subparts are hel'ein incorporated by reference as provided in 40 CFR, revised as of July I, 


2007. For purposes of 40 CFR 263.20(g), 263.20(g)(I), 263.20(g)(4), 263.2 1(a)(4) , and 263.22(d), "United States" 


shall be defined as the United States. (4-2-08) 


008. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 1REATMENT, 


STORAGE AND DISPOSAL FACILITIES. 


40 CPR Part 264 and all Subparts (excluding 40 CFR 264.1(1), 264.149, 264.150, 264.301(1), 264.1030(d), 


264.1050(g), 264.!080(e), 264.1080(f) and 264. 1 080(g» are herein incorporated by reference as provided in 40 CFR, 


revised as of July 1,2007. 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 CPR 


264.71(a)(3) and 264.1082(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency. (4-2-08) 


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


TREATMENT, STORAGE AND DISPOSAL FACILITIES. 


40 CPR Part 265, and all Subparts (excluding Subpar~ R, 40 CPR 265.1(c)(4), 265.149, 265.150, 265.1030(c), 


265.1050(f), 26S.1080(e), 265.1080(f), and 265.1080(g» and except the language contained in 40 CFR 265.340(b)(2) 


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Department ofEnvironmental Quality Rules & Standards for Hazardous Waste 


, as replaced with, "The following requirements continue to apply even when the owner or operator has demonstrated 

compliance with the MACT requirements of part 63, subpart EEE of this chapter: 40 CPR 265.351 (closure) and the 

applicable requirements of Subparts A through H, BB and CC of this part," are herein incorporated by reference as 

provided in 40 CFR, revised as of July I, 2007. For purposes of 40 CPR Subsection 265.12(a), "Regional 

Administrator" shall be defined as the U.S. Environmental Protection Agency Region 10 Regional Administrator. For 

purposes of 40 CPR 265.71(a)(3) and 265.1083(c)(4)(II), "EPA" shall be defined as the U.S. Environmental 

Protection Agency. (4·2-08) 

010. STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND 


SPECIFIC TYPES OF HAZARDOUS WASTE FAC1LITlES. 


40 CPR Part 266 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as of July I, 


2007. (4.2·08) 


011. LAND DISPOSAL RESTRICTIONS. 

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

2007, except for 40 CFR 268. I(eX3). 268.5,268.6,268.13, 268.42(b), and 268.44(a) through (g). The authority for 

implementmg the provisions ofthese excluded sections remains with the EPA. However, the requirements of Secdons 

39-4403(17) and 39-4423, Idaho Code, shall be applied in all cases where these requirements are more stringent than 

the federal standards. Ifthe 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 re~uirement of these rules. For 

purposes of 40 CPR 268.(2)0) "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. In 40 

CFR 268.7(a)(9)(lii), "0009" Is excluded, (from lab packs as noted In 40 CPR Part 268 Appendix IV.) In 40 CFR 

268.48(a), the entry for "Z,4,6·Tribromophenol" is excluded. (4-2-08) 

Oil. HAZARDOUS WASTE PERMIT PROGRAM. 


40 CFR Part 270 and all Subparts, except 40 CFR 270.12{a) and 40 CFR 270.14(b)(18), are herein incorporated by 


reference as provided in 40 CFR, revised as of July 1, 20Q7.;·For purposes of 40 CFR 270.2, 270.5, 270.10(e)(2), 


270.IO(eX3), 270.1 o(f)(2), 270.10(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. (4-2-08) 


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

PERMIT APPL1CATIONS). 

40 CPR Part 124, Subparts A, Band G are herein incorporated,by reference as provided in 40 CPR, revised as of July 

I, 2007, except that 40 CFR 124.19, the fourth sentence of 40 CFR 124.31(a), the third sentence of 40 CFR 

124.32(a), and the second sentence of 40 CPR 124.33(a) are expressly omitted from the incorporation by reference of 

each of those subsections. For purposes of 40 CFR I 24.6(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. (4-2-08) 

014. INTERIM STATUS SURFACE IMPOUNDMENTS. 

In accordance with Section 30050) ofRCRA which is herein incorpol'ilted by reference, surface impoundments in 

existence on November 8, 1984, and qualifying for interim status shal! 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 30050) 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) 

01S. STANDARDS FOR THE MANAGEMENT OF USED OIL. 

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

reference as provided in 40 CFR, revised as ofJuly 1,2007. For purposes of40 CPR 279.43(c)(3)(ii) "Director" shall 

be defined as the Director, U.S.OOT Office of Hazardous M~te\ials Regulation. (4-2-08) 

u 


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02. Used, Oil as a Dust Suppressant. 4Q.OFR 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) 

ft. Be submitted to the Idaho Department of Environmental Quality, 1410 North Hilton, Boise, Idaho 

83706-1255; and ' (2-11-94) 

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

016. STANDARDS FOR UNIVERSAL WASTE MANAGEMENT. 


40 CFR Part 273 and all SubpaftS are herein incorporated by reference as provided in 40 CFR, revised as of July I, 


2007. For purposes of 40 CFR 273 .32(a)(3), "EPA" shall be defined as the U.S. Environmental Protection Agency. 


(4-2-08) 

017. (RESERVED). 

018. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES 


OPERATING UNDER A STANDARDIZED PERMIT. 


40 CPR Part 267 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as of July I, 


2007. (4-2-08) 


019. -- 354. (RESERVED). 

. . application for a siting license required by HWFSA shall be accompanied by a siting license fee in an amount 

esta . hed by these rules. The license fee shall not exceed seven thousand five hundred dollars ($7,500) and shall be 

submit (3-1-93) 

,[ " 

icense Fee Criteria. The siting license fee required by HWFSA and these rules shall be based on 

rtment of reviewing the siting license application and the characteristics of the proposed 

hazardous wastefaci including the projected site size, projected waste volume, and the hydrogeological 

characteristics surrounding e site. (3-1-93) 

a. "Projected Wast olume" means the tOlal actual or potential hazardous waste volume, in gallons 

or an equivalent measurement, propos or the hazardous waste faci Iity. (3 -1-93) 

b. "Site Size" means the sum' acres of all proposed "Hazardous Waste Management Unit(s)" as 

defined in Section 004 (40 CFR 260.10). (7-1-97) 

02. License Fee Scale. Except as provide 'n Subsection 355.03, the siting license fee required by 

HWFSA and these rules shall be determined using the table ow. 

with the siting license application. 

the costs to lhe 

}>£b?(':~:H2",~N,~~\E~t\~~g~,S;ti~~~~"~~I7e~.[~~iR,9H,;';'2,.··~!~77~?E~.~~,~$.~!~?,~~L:::J.·;':· ~c.:~'O;(lO~;),;~) (:'W1.~;OOO!~ 

1 acre or greater $3,000 $4,000 

Equal to or greater than 112 acre, 


but less than 1 acre 


Less than 1/2 acre 

$4,000 $5,000 

$5,000 $6,000 

03. License Fee for Facilities Required to Submit Engineering ..... or Hydrogeological Information. . . 

Page 8 lAC 2008 
IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 


Department ofEnvironmental Quality Rules & Standards for Hazardous Waste 


a id Waste Amendments of 1984, which must submit engineering or hydrogeological information to indicate 

complian . technical criteria as adopted in the Hazardous Waste Management Plan, the siting license fee shall 

be seven thousan ndred dollars ($7,500). (3 w l-93) 

04. Alteration of a Commercial Hazardous Waste Disposal, 

Treatment or Storage Facility or Any On- nd Disposal Facility for Wastes Listed Pursuant to Section 

101(D)(2) and (E), 8S Modified by Section 109 of rdous and Solid Waste Amendments of 1984. The 

significant expansion, enlargement or alteration of a hazar 0 e treatment, storage or disposal facility in 

existence on July I, 1985, constitutes a new proposal for which a sitin' e is required and for which a siting 

license fce must be paid. (9-22-89) 

05. Siting License Fee Nonrefundable. The siting license fee required by the shall be nom~fundable .and may not b~ a plied toward any subsequent application should the siting license apphc ......· ......,,~ 

356. VAR1ANCE 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 TSD facility or site in the manner allowed by the variance and any term or condition imposed as part ofthe varia!l£e: (6-10..88) 

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

b. 1s not inconsistent with EPA requirement:;; and (6-10-88) 

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

. . and s hold a public hearing on any application to renew or extend a variance. The publ ie earing shall be held at a 

location J 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 puc he Director shall give at least twenty (20) days' notice of the hearing to the applicant by 

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

the county where the operation nducted or the county where the hearing is to be held. The Director shall cause to 

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

03. Public Information. AI! in 0 ion submitted as part of a variance application shall be treated as public information and shall not be subject to any c' of confidentiality. The Director shall make the application 

available for public inspection at the Department's state e and appropriate regional office. The Director shall 

make available for public inspection at the Department's state 0 e and all regional offices a current list of pending 

applications for variances and a current schedule ofpending variance rings. (3-t-93) 

04. Director's Decision. No vanance shall be issued or denied . the Director has considered the 

relative interests of the applicant, other persons and property affected by the varian d the public. Any variance 

granted pursuant to this section shall be for a period specUied by the Director but not m than one (1) year. No 

variance shaJl be issued or denied without a written order stating the findings upon which the e" n is based. , (3-1-93) 

05. Appticant to Bear Cost~. The cost of public notice, recording ~nd tran~cribing of lestimon 

357.- 499. (RESERVED).

,­

Page 9 lAC 2008 
IDAHO ADMINISTRA TIVE CODE IDAPA 58.01.05 


Department ofEnvironmental Quality Rules & Standards for Hazardous Waste 


a. 

b. 

traveled. 

• 

Transporting. Any person transporting a quantity of hazardous waste which requires a manifest 

sible: (6-10-88) 

(6-10-88) 

centers, even when doing so may add miles to the distance 

(6-10-88) 

02.···-.. · Director's Conditions. The Director may, that a shipment or shipments of 

hazardous waste constitutes a greatel' than normal risk to the public health, safet vironment, prescribe by order 

particular conditions [or that shipment or shipments including but not limited to specla arding, pilot vehicles, 

routing restrictions, parking restrictions and timing restri~tions. (6-10-88) 

"'" '. 

Department may, as time and resources permit, conduct regular inspections of persons or entities subject to these 

rule, heir records, and property at approximately the following frequency levels based upon potential risk to the 

public Ith or environment. .. ' (3-6-91) 

01. C6IHmercial TSD Facilities. Commercial TSD facilities or sites or offsite generator TSD facilities 

or sites, up to eve day. (3-6-91) 

-- up to twenty (20) 

(3-1-93) 

(3-6-91) 

(3-1-93) 

(3-1-93) 

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

limiting the Department's authority to conduct inspectl s when there is reasonable cause to suspect a violation of 

HWMA or these rules. The Director may by policy guidan emorandum modify the inspection ti'equency levels as 

necessary for the effective or efficient enforcement of HWMA: d these rules. (3-1-93) 

02. 

times per year. 

or On-Site TSD Facilities. Generator on-site TSD facilities or sites 

..... 03 . 

04. 

05. 

ansport facilities or sites -- up to twelve (12) times per year. 

801. -- 849. (RESERVED). 

850. ILLEGAL ACTIONS. 

01. False Statements or Representations. Any person who make false statement or representation 

in any application, label, manifest, record, report, permit or other document filed, m . tained or used for the purpose 

of complying with these rules or HWMA thereby commits a violation. Each false atement or representation 

constitutes a separate and distinct violation for which civil penalties may be imposed. A erson who knowingly 

makes a false statement 01' representation of the type described above is, in addition to civ enalties, subject to 

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

02. Failure to Comply with These Rules, the HWMA, or Other Requirements. An erson who 

violates these rules, HWMA, or any permit, standard, condition, requirement, compliance agreement or or issued 

pursuant to these rules or HWMA thereby commits a violation. Civil penalties may be imposed for each s rate 

violation and for each day of continuing violation. Any person who knowingly commits a violation of the t e 

described above is, in addition to. civil penalties, subject to ~rif!linal. pr~secution for the commission of a 

Page 10 lAC 2008 
IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 


Department ofEnvironmental Quality Rules & Standards for Hazardous Waste 


(RESERVED). 

. . The declare a hazardous waste emergency if the public health, safety or the environment are threatened 

by a release or threat a hazardous waste or a substance which has become a hazardous waste. Following a hazardous waste emergency dec a , e artment may spend or obligate to be spent up to two hundred 

thousand dollars ($200,000) from the Hazardous ency Account to obtain equipment and materials, 

conduct investigations, test samples. and employ personnel as necess . . ate or mitigate the immediate threat 

and stabilize the situation. The Director may authorize the expenditure or ob Iga e than two hundred 

thousal'!d dollars ($20.o,O~0) from this account in any given situati?n upon a finding by ~he Boa ater 

901. -- 995. (RESERVED). 

eJ

~~~t:d~~s~o~f~ag~e~n~cy~a~c~ti~o:ns shall be governed by IDAPA 58.01.23, "Rules of Administrative Procedure 

n ualit)'." (4-6-05) 

997. CONFIDENTJALITY OF RECORDS. 

Information obtained by the Department under these rulesshall,be diSC "bUe in accordance with Chapter 

3, Title 9. Idaho Code. Information submitted under a trade secret claim may be entl ential treatment by 

the Department as provided in Section 9-342A. Idaho Code, and IDAPA 58.0] .2], "Rules Governiiimntre-ll4:QtI!ct . .. .." 

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) 

ication is declared invalid for any reason. that 

Page 11 lAC 2008 
Subject Index 


A 

Applicant to Bear Costs, Variance 


Applications for TSD Facilities or 


Sites 9 


Application Contents & Standard of 


Review, Variance Applications for 


TSD Facilities or Sites 9 


Availability of Referenced Material 2 


C 

CFR 2 


Commercial TSD Facilities, Inspection 


Plan -- Frequency Levels 10 


Conduct Inspections, Inspection Plan ­ Frequency Levels 10 


D 


Definitions, lOAPA 58.0 LOS, Rules & 


Standards For Hazardous Waste 2 


Director's Conditions, Routing of 


Hazardous Waste Shipments 10 


Director's Decision, Variance 


Applications for TSD Facilities or 


Sites 9 


E 

Environmental Appeals Board 2 


Excluded Wastes, Identification & 


Listing of Hazardous Waste 3 


Expansion, Enlargement or Alteration 


of a Commercial Hazardous Waste 


Disposal, Treatment or Storage 


Facility 9 


Expenditures From Hazardous Waste 


Emergency Accounts 11 


F 

Failure to Comply With These Rules, 


The HWMA. or Other Requirements, 


Illegal Actions 10 


False Statements or Representations, 


Illegal Actions 10 


G 

Generator Emergency Notification, 


Standards Applicable to Generators 


of Hazardous Waste 6 


Generator On-Site TSD Facilities, 


Inspection Plan -- Frequency 


Levels 10 


Generators, Inspection Plan -­


Frequency Levels 10 


H 

HWFSA, Hazardous Waste Facility 


Siting Act 3 


HWMA, Hazardous Waste 


Management Act 3 


Hazardous Waste Facility Siting 

License Fee 8 


Hazardous Waste Management 


System 3 


Hazardous Waste Permit Program 7 


I 


Identification & Listing Of Hazardous 


Waste 3 


Illegal Actions 10 


Incorporation By Reference Of Federal 


Regulations 2 


Inspection Plan -- Frequency 


Levels 10 


Interim Status Standards For Owners & 


Operators Of Hazardous Waste 


Treatment, Storage & Disposal 


Facilities 6 


Interim Status Surface 


Impoundments 7 


L 

Land Disposal Restrictions 7 


License Fee Criteria, Hazardous Waste 


Facility Siting License Fee 8 


License Fee Scale, Hazardous Waste 


Facility Siting License Fee 8 


License Fee for Facilities Required to 


Submit Engineering or 


Hydrogeological Information, 


Hazardous Waste Facility Siting 


License Fee 8 


p 


Procedures For Decision-Making (State 


Procedures For ReRA Qr HWMA 


Permit Applications) 7 


Public Hearings, Variance Applications 


for TSD Facilities or Sites 9 


Public Information, Variance 


Applications (orTSD Facilities or 


Sites 9 


R 

ReRA, The Resource Conservation & 


Recovery Act 3 


Regional Administrator 3 


Routing Of Hazardous Waste 


Shipments 10 


S 

Siting License Fee Nonrefundable, 


Hazardous Waste Facility Siting 


License Fee 9 


Standards Applicable To Generators Of 


Haznrdous Waste 6 


Standards Applicable To Transporters 


Of Hazardous Waste 6 


Standards For Owners & Operators Of 


Hazardous Waste Treatment, Storage 


& Disposal Facilities 6 


Standards For The Management Of 


Specific Hazardous Wastes & 


Specific Types Of Hazardous Waste 


Facilities 7 


Standards For The Management Of 


Used Oil 7 


Standards For Universal Waste 


Management 8 


T 


TSD, Treatment, Storage or 


Disposal 3 


Transport Facilities, Inspection Plan ­

Frequency Levels 10 


Transport Vehicles, Inspection Plan-­


Frequency Levels 10 


Transporting, Routing of Hazardous 


Waste Shipments 10 


U 

U.S. Environmental Protection Agency 

orEPA 3 


United States or U.S 3 


Used Oil as a Dust Suppressant, 


Management ofUsed Oil 8 


V 


Variance Applications For TSO 


Facilities Or Sites 9 


Pnge 12