PROGRAM DESCRIPTION 

I. BACKGROUND 

The Environmental Protection Agency began its management of hazardous waste in 

1980 under the authority of the Resource Conservation and Recovery Act of 1976 

(RCRA). RCRA was further amended in 1980 and 1984 to keep pace with 

Congressional intent in this area of national concern. The State of Idaho has 

shown its concern in the management of hazardous waste by passing House Bill 

144, The Hazardous Waste Management Act (HWMA) of 1983 (see Appendices). 

The State Act was amended in 1985, 1986 and 1988 to include provisions 

necessary to maintain the State's equivalency to the Federal program. This 

•	 legislation provided the impetus for promulgation of hazardous waste regulations by 

the Idaho Department of Health and Welfare. In March 1987, the State Hazardous 

Waste Management Plan (HWMP) was approved by the Legislature to implement 

future goals in hazardous waste management. The HWMP was a project developed 

by a. broad-based committee of educational, business, government, and 

environmental advocacy interests. 

The first set of State regulations became effective on January 1, 1985. Subsequent 

rule-making has occurred on January 1, 1987, and November 1, 1987. As part of 

this revised Authorization Package, all EPA regulations effective through July 8, 

• Program Description 

Page 1 
1987 were adopted on June 10, 1988. Adoption procedures for incorporating new 

or amended EPA rules "Yill continue on a once per year schedule, or more often, as 

necessary. 

01 

To implement the requirements of section 3005(j) of 

impoundments, the State will initiate rule-making and 

requirements by January 20, 1989. 

RCRA concerning surface 

have in place equivalent 

The HWMA has deemed that the State regulatory program be no more stringent 

than the U.S.' EPA program, at least as stringent as the federal system, and 

equivalent in scope. . 

II. SCOPE, STRUCTURE, COVERAGE, AND PROCESSES OF THE IDAHO PROGRAM 

The scope, structure, coverage, and processes of the Idaho hazardous waste 

management program are virtually identical to those of the EPA program. Some 

statutory differences in definition, such as those for storage, or treatment may 

appear' to create a difference in the scope of treatment and disposal facilities 

covered by the rules. However, Idaho legislation prohibits this scope from being 

less comprehensive or stringent than that of EPA. For example, the Idaho legislative 

definition of treatment is: 

"any method, technique, or process including neutralization, which is 

designed not to be an integral part of a production process, but is rather 

designed to change the physical, chemical, or biological character or 

c 

composition of any hazardous waste prior to storage or final disposal so c 

Program Description
 

Page 2
 
as to neutralize such waste or so as to render such waste non':' 

•	 hazardous or less hazardous: safer to transport, store, or dispose of; or 

amenable for recovery, amenable for storage or reduced in volume. 

Such term includes any activity or processing designed to change the 

physical form or chemical composition of hazardous waste so as to 

render it non-hazardous." 

• 

The Federal regulation defining treatment: 

"any method, technique, or process including neutralization designed to 

change the physical, chemical, or biological character or composition of any 

hazardous waste so as to neutralize such waste or so as to recover energy 

or material resources from the waste or so as to render such waste nonhazardous or less hazardous: safer to transport, store, or dispose of; or 

amenable for recovery, amenable for storage, or reduced in volume." 

Although there would appear to be a conflict between the State's statutory and the 

Federal regulatory treatment definition,' l.e., State non-regulation of an "integral 

production process," this is actually not the case. New EPA regulations now adopted 

by the State, have redefined what constitutes those processes reusing waste "byproduct" materials that -ars exempt or excluded from regulation. The State now has a 

more specific regulation by which to address this area of possible confusion. In this 

regard, the State will use the most technical criteria available to determine the 

applicability of program regulations and thus conduct a non-subjective analysis of all 

information. 

•
 

Program Description
 

Page 3
 
A. State Regulatory Equivalency 

o
 

The EPA regulations describe the characteristics of hazardous waste (40 CFR. Part 

261. Subpart Band C) and their specific generation sources (40 CFR. Part 261 •.. 

Subpart D). These have been "adopted" by the State program via incorporation into 

the Idaho Administrative Procedure Act (IDAPA) §§16.01.5005 et seq. These 

regulations are equivalent to the Federal program. 

Generators of hazardous waste are governed by the EPA regulations in 40 CFR. 

Part 262. They are required to manifest waste prior to transport. properly package 

and label wastes. and keep and report accurate records. Idaho rules incorporate 

these same requirements without change and are thus equivalent. Generator 

regulations are found in IDAPA §§ 16.01.5006 et seq. State legislation passed in 

1984 also requires generators to report specific waste generation handling c· 

information to the Department on a quarterty basis. This reporting system assists 

the Department in preparing annual reports for the Governor and the Legislature. 

and in planning for future inspection activities. 

Hazardous waste transporters are required under 40 CFR. Part ~63 to comply with 

manifest requirements, keep proper records, and to take action if a waste discharge 

occurs during transportation. Part 263 also contains requirements for rail and water 

shipments of hazardous waste. Regulations in IDAPA §§ 16.01.5007 et seq. contain 

these equivalent regulations. 

Permit standards for hazardous waste treatment, storage, and disposal facilities C) 

Program Description
 

Page 4
 
• 

(TSDFs) are set forth in 40 CFR, Part 264. The State equivalents to these 

requirements are found in IDAPA §§ 16.01.5008 et seq. Rules for existing interim 

status facilities are located in 40 CFR, Part 265. The State counterparts to these 

EPA regulations are found in IDAPA §§ 16.01.5009 et seq. All TSDFs must apply' 

for permits and must comply with regulations which address: siting and natural 

hazards preparedness and prevention, contingency planning and emergency 

procedures, manifest system, recordkeeping and reporting, groundwater protection, 

closure/post-closure, and financial requirements. 

• 

A specific hazardous waste facility siting law enacted during the 1985 legislative 

session enables the Department, through a local planning committee specific to the 

site in question, to review other parameters of hazardous waste facility siting not 

found in the standard Part B Permit 'Application process. This siting panel review 

will not act in place of the standard Part B review process, but will provide local 

communities a stronger voice in 

the overall permitting process. The State Hazardous Waste Facility Siting Act 

(Idaho Code § 39-5801) is included in the Appendices. 

In addition to the general requirements for all facilities seeking permits, Federal 

regulations include technical standards for each specific type of facility, including: 

containers, tanks, surface impoundments, waste piles, land treatment units, landfills, 

and incinerators. These permit application requirements are found in 40' CFR, Part 

270. The State equivalents to these regulations are found in IDAPA §§ 16.01.5012 

• 

et seq. 

Program Description
 

Page 5
 
0 

\
 

Procedural rules for addressing permits are at least as stringent as those found in 

40 CFR, Part 124. The Statecounterpart is found in IDAPA §§ 16.01.5013 et seq. 

EPA regulations governing recyclable wastes and burning of hazardous wastes and 

waste oil for energy recovery are found in 40 CFR, Part 266. State equivalents are .. 

found in IDAPA §§ 16.01.5010 et seg. EPA regulations governing wastes banned 

from land disposal are found in 40 CFR, Part 268. State equivalents are found in 

IDAPA §§ 16.01.5011 et seg. 

B. Organization and Structure 

The Idaho hazardous waste program is administered by the Idaho Department of 

Health and Welfare (IDHW) (Figure 1), the largest of Idaho's 21 agencies. The 

Division of Environmental Quality (DEQ) is one of the Department's 7 divisions and 

is staffed by approximately 137 employees (projected through July 1, 1988). o 

The Division's central office is located in Idaho's capitol city, Boise. Five (DEQ) field 

offices, comprised ot approximately 50 employees, are situated in geographically 

distinct regions: Coeur d'Alene in the Panhandle of North Idaho; Lewiston in North 

Central Idaho; Pocatello in the Southeast; Twin Falls in South centra' Idaho; and 

Boise in the Southwest. Three bureaus comprise the Division of Environmental 

Quality: Bureau of Hazardous Materials, Bureau of Water Quality, and the Bureau 

of Air Quality (Figure 2). The Bureau of Hazardous Materlals (HMB) is responsible 

for carrying out those functions associated with solid waste, vector control, radiation 

control, Superfund and the hazardous waste program. 

o
 

Program Description
 

Page 6
 
• • DEPARTMENT OF H.TH AND WELFARE
 

GOVERNOR i U

State Board 01 

....llh .. W .. If.... 

1

(Cecil D. Andrus) I 

I 

I 

I 

I 

I 

'. I 

DIRECTOR I

OInel of thl Ohrero, 

. IH Bureau of InformationServlcee 

-..............--
 Informltlon Oillee,
 (Richard P. Donovan)
 

spee. Altt to Ihe Olr,
 

011I" 01 legll Sorvle.. 

I 1 

DEPUTY DEPUTY 

DIRECTOR DIRECTOR ...._._­ (David L. Humphray) (Allen K. Korhonen) 

I
 

I I
 I I I I I 

DIVISION OF DIVISION OF DIVISION OF 

COUtlCIL DIVISION OF DIVISION OF DIVISION OF VETERANS ENVIRONMENTAL MANAGEMENT COMMUNITY 

LIAISON 

HEALTH WELFARE SERVICES QUALITY SERVICES REHABILIT ATION 

Kennelh D. Brooksl Garv Bermeosolol (Richerd H. Schultz) (GaIY Broker) (llnde Caballero) (Jerrv L. Harris' 

I Bureau 01 Slale Service HBureau of HazardousI H. Centerlor Health IH Bureau of I H Bureau of Income Developmental Qfflce Materials . Statistics Financial Services Maintenance 

Developmental

Dlsabllllles Council

I

H I H Disabilities I

I

H Bureau of I Bureau 01 I

H Bureau of I IH Bureeu of I

DIVISION OF REGIONAL FAMILY & CHILDREN'S DIRECTORS SERVICES Regions I·VII lRav Wlnterowdl 

.

I

HSocialServices IHRegional Program

Operation.

,. 

HYouth Servlcel H Council on 1Y Veterana Home .\ Y Local OHlce Domesllc Violence H Welar Quality Facility Standarda Medical Allialence Cenler Servlcn Delivery MenIal Hellth I , 

H Gove,nor's I y Bureau 01 Slale Hospital I

H Bureau of Iy Bureau of I

H Buraau 01 

Commission on Air Quality Emergency Personnel Services Child Support IYSubstanca Abuse I North

Alcohol/Druo Abuse Medical Services Enforcement H I 

4Slale Emergency I Sille Hospital H Bureau of Olllce of Response Laboralorles Audit South Commission I I I . r

I YStale Economic " Bureau of Idaho Slale I

Preventlva Medicine Opportunity Office School and Hospital 

Bureau of J Maternal nnd I 
ver 1.1 IIdaho DEQ • Hazardous Materials Bureaul 04/25/89 

BUREAU CHIEF 

Koshuta 

COMPL~NCEMANAGER POLICY &STANDARDS 

Monson MANAGER Nielsen MANAGER - HW REMEDIAL ACTIVITIES 

Moeller 

HCompliance Supervisor 

TSDs Hill 

Compliance Supervisor J 

.GENERATORS Lund . 

WRadiati?n Physicist ) 

Supervisor Raneiri 

S~erfund - Bunker Hif Policy & Standards

---l reject Surervisor Supervisor Hart 

Goode 

~El Technical Superfund Supervisor upervlsor , (New) Vacant 1-0 Vacant 

o o o.
 
The Department Director is appointed by, and reports directly to, the Governor. The 

•	 Director, in turn, appoints the Administrator of the DEQ. All other employees of the 

Division are hired through normal State Personnel Commission procedures. 

The HMB Chief (Figure 3) is hired by, and reports directly to, the DEQ 

Administrator. The HMB Chief is responsible for all aspects of staffing, budgeting, 

administration, and policy within the HMB. In addition, the HMB Chief is responsible 

for preparation and presentation of HMB-drafted legislation, and providing input to 

State, public, and private associations involved in the hazardous waste area. 

• 

The HMB Chief directs the activities of three sections; Compliance, Policy and 

Standards, and Remedial Activities. Each of these Sections is headed by a 

Manager (figure 4). 

Two Compliance supervisors, as well as the Radiation Physicist Supervisor report to 

the Compliance Manager (figure 5). One Compliance Supervisor directs and 

coordinates the daily activities of the Hazardous Waste Permit Officers and 

Hazardous Waste Compliance Officers working with the TSD's, while the other 

Compliance Supervisor directs the Hazardous Waste Permit Qfficers, Hazardous 

Waste Compliance Officers and Hazardous Materials Specialists that deal with the 

various generators around the state. The Radiation Physicist Supervisor directs and 

coordinates the daily activities of the Senior Radiation Physicists that implement the 

Bureau's radiation program. 

• Program Description 

Page 7 
--~ ---~.- ~- ------------- --------~_._--

Hazardous Materials Bureau Oi72S2s§ Policy & Standards Section 

POLICY &sros MANAGER 

Moeller 

.- ". ReceptionistiTypist I
 

Danckas I
 

• 

Superfund Su~ervisor )* (New) acant 

.•. a._ 

Grants/Contracts (PNSI)
 Officer Davis
 Custer 

I
 

Grants/Contracts
 BLM Compo
 Officer Grandjcan
 Officer Vacant '""""' 

* Info Special. 1- Records Managerl* BLM/CA (New) - (New) Vacant 

Vacant 

Tech Typist I
 

Fry
 

(Mine Waste) 

* New Positions To Establish I Fill 

I Records Managerl 

I Adams 

( Policy & Stds Supervisor Hart 

,HM Info Spec. Student Intern I . Lesser Vector Control specl Hayes -I HM InfoSpec. 

Boylan Student Intern I .. HM Regulatory Analyst 

Jewell

HPro~ Analyst (SE TA) Sewert Tech Typist 1* Solid Waste Analystl Jankowski 

, Prog Analyst 1* 

(RITIAf Data Management Spec. 

- Seals -t Prog Analyst 1* 

o o o
 
•
 •
 •
 Hazardous Materials Bureau 

Compliance Section 

I 

Compliance Supervisor 

TSDs 

t-­

r­

-

Hill 

Hazardouswaste 

Permit Officer 

Rupert 

Hazardous waste 

Permit Officer 

Vacant 

tfaza~dous Waste 

Permit Officer 

Vacant 

Hazar~ous w8f"e - Comp lance icer

Meitl 

Hazardous Waste - Student Intern 

Loerch 

tiaza~dous Waste 

Permit Officer (New) '--

Vacant 

COMPLIANCE MANAGER 

Monson 

\TeChniCal TypIst I ITechnical Typist I 

Dibben I I Livengood 

Compliance Supervisor 

GENERATORS Lund 

Hazardous Waste
 

I-- Compliance Officer
 

Lyon 

'tazar~pusW5~13 om~"ance icer I-­ oberts 

Hazar~ous Wd~te Comp lance rcer I--

Vacant 

~azar~ous Materials '"­ pecia tst V

acant 

I 

Radiation Physicist 

Supervisor 

_ 

:­

-

Raneiri 

Sr. Radiation Physicist 

Mays 

Sr. Radiation Physicist 

Vacant 

Radiation Physicist (New) 

Vacant 

ver 1.1 

04/26/89 

------_.---­
----------- - - ----- -- ----------~_._---_._-----------------~

Hazardous Materials Bureau ver 1.0

04/26/89

Remedial Activities Section 

H Hydrogeologist j Lane 

Geochemist H Hansen I
 

y Superfund Project Off./ . Nygard 

HW REMEDIAL ACTIVITIES 

MANAGER Nielsen 

Su~er:tund - Bunker Hill 

reject Surervlsor 

4 Goode HW C0"leliance Office1 . meek 

I I I Secretary. Office 

Wylie 

INEL Technical 

f- Supervisor (New) 

Vacant 

Env. Hydrogeologist
 

(New)
 Vacant 

Records Manager 

(New) Vacant 

o o o
 
•	 A Policy and Standards Supervisor and Superfund Supervisor report to the Policy 

and Standards Manager (figure 6). The Policy and Standards Supervisor directs 

and coordinates the daily activities of a Vector Control Specialist, Solid Waste,' 

Specialist, Data Management Specialist and Hazardous Waste Regulatory Analyst. 

The Data Management Specialist is responsible for developing the Bureau's RCRA 

information management activities, including the implementation of the RCRIS 

system in Idaho. The Regulatory Analyst is responsible for RCRA staff training and 

the review and updating of Idaho's Hazardous Materials regulations. 

• 

The Superfund Supervisor directs the daily activities of the Grants and Contract 

Officers, Hazardous Waste Compliance Officers, Hazardous Materials Information 

Specialist and Records Manager for the Superfund program. The Grant/Contracts 

Managers are responsible for keeping track of fiscal activities under the Superfund 

Cooperative agreement between the State and EPA. One of the Compliance 

officers is responsible for Preliminary Assessments and Site Investigations of sites 

under consideration for the National Priorities List, while the other is assigned to 

investigate Federal Bureau of Land Management Superfund sites under that 

agency's Superfund program. An additional Program Analyst will be hired and 

directed to assess mining waste activities in view of EPA programs to determine 

whether mining waste should be defined as solid or hazardous waste.' 

• Program Description 

Page 8 
0 

The Policy and Standards Manager also directs the daily activities ot the two 

Hazardous Materials Information Specialists who are responsible for the Bureau's 

household hazardous waste information efforts as well as other RCRA public 

information efforts, and the Hazardous Materials Program Analysts responsible tor . 

the Source Reduction and Recycling Technical Assistance (SRRTA) program and 

the Training and Technology Transfer (RITTA) program. 

The INEL Technical Supervisor and Bunker Hill Project Supervisor report to the 

Remedial Action Manager. The INEL Technical Supervisor directs the daily activity 

of the Environmental Hydrogeologist, and Records Manager responsible for the , 

activities associated with INEL. The INEL staff will be responsible for both RCRA 

and CERCLA activities at INEL. 

The Bunker Hill Project Supervisor directs the daily activities of the Bunker Hill 

Superfund Project, as well as supervising the Hazardous Waste Compliance Officer 

located in the Kellogg Office. . The Remedial Action Manager also directs the daily 

activities of the Superfund Project Officer responsible for the Superfund activities at 

the Pacific Hide and Fur and Union Pacific sites, as well as the Hydrogeologist and 

Geochemist that serve the entire bureau. 70% of the Hydrogeologist's time and 

30% of the Geochemist's time is dedicated to the RCRA program. 

In addition to the fourteen positions within the compliance staff, there are 4 positions 

within the Policy and Standards Section (two Information Specialists, Data 

Program Description 

Page 9 o 

c 
Specialists and Regulatory Analyst) that are fully dedicated to the RCRA program. 

•	 The Compliance Manager, Hydrogeologist and Policy and Standards Supervisor 

contribute more than half of their time to the RCRA program, and the Bureau Chief, 

Policy and Standards Manager, and Geochemist all contribute significant portions of" 

their time to the RCRA program. The INEL staff (INEL Technical Supervisor, Permit 

Writer, Hydrogeologist, Radiation Physicist, and Records Manager will be involved 

with both RCRA and CERCLA activities at the INEL, with RCRA activities expected 

to requires as much as 70% of their time. 

• 

Clerical support is provided by 5 HMB clerical positions, with two primarily dedicated 

to RCRA program support, and the other three dedicating more than 50% of their 

time to the RCRA program. Each Section Manager also supervises secretarial staff; 

that staff consists of a Technical Typist and an Office Secretary who report to the 

Compliance Manager, and a Technical Typist and a Records Manager who report to 

the Remedial Activities Manager, and a Technical Typist, an Office Receptionist and 

two Records Managers who report to the Policy and Standards Manager. A brief 

outline"of each staff position within. the HMB with an emphasis placed on those 

positions relating directly to the hazardous waste program is given below. 

The HMB also has access to a number of student interns to assist with special 

projects and studies. One intern is currently assigned to the Compliance Section; 

and two interns are assigned to the Information Officers. 

• Program Description 

Page 10 
C. Staff Job Descriptions 

o
 

Hazardous Materials Compliance Manager 

The Compliance Manager plans, organizes, directs, develops, and implements the,' 

hazardous waste and radiation programs, and spill response activities as they relate 

to these programs. Within the hazardous waste area of management, the Manager 

oversees all inspection activities, maintains an inventory of all hazardous waste 

facilities, selects sites and facilities to be inspected, reviews and assesses 

investigation results, draws conclusions, determines enforcement avenues, 

represents the Department in negotiations regarding enforcement actions, and 

serves as an expert witness in court. 

Hazardous Waste Compliance Supervisor 

This Supervisor directs and coordinates the daily activities of Hazardous Waste 

Compliance Officers, Hazardous Waste Permit Officers, and Hazardous Waste 

Specialists. This position serves as the lead inspector and technical representative 

for complex and controversial hazardous waste site permitting and inspection 

activities; conducts technical review of staff permitting and inspection reports; 

reviews staff enforcement recommendations prior to submission to the Compliance 

Manager; and negotiates permit plans and compliance reviews with facility officials 

and the Compliance Manager. 

Program Description 

Page 11 o 

c 
Hazardous Waste Compliance Officer 

•	 Compliance Officers plan and conduct inspections of storage, treatment, recycling, 

transportation, and disposal facilities to monitor compliance with laws, regulations, 

policies, and standards of the Bureau. They perform compliance inspections;" 

determine and report violations; develop Warning Letters, Notices of Violation, 

Consent Orders, and Judicial Referral Packages; and recommend enforcement 

actions and monetary penalties. They provide technical review of corrective action 

plans and cleanup activities. They perform field sampling and monitoring; evaluate 

laboratory data; recommend appropriate controls; and compile and submit reports to 

management. They provide input to containment, treatment, and removal activities 

at hazardous material/waste spill sites, and train entry level Hazardous Waste 

Specialists. 

• Hazardous Waste Permit Officer 

Permit Officers are assigned to receive, document, review, and prepare draft permits 

for interim status or new treatment, storage, or disposal facilities within the State. 

Permit·· Officers address and resolve' all permit applications, modifications, etc., 

throughout the permit process as detailed in the Part B Permit Application 

Requirements, and the Idaho Hazardous Waste Facility Siting Act, as applicable. 

The Permit Officer coordinates review of the Permit Application by other specialists 

including such areas as financial assurance and hydrogeological evaluation, and 

solicits input from other agencies and organizations, as appropriate. Permit Officers 

are responsible for public participation activitie.s in conjunction with Hazardous 

• Program Description 

Page 12 
Materials Information Specialists who may arrange for public meetings and press 

releases. o

Hazardous Waste Specialist
 

A Hazardous Waste Specialist is an entry-level position which is available for
 

specific compliance or permitting needs of the HMB and/or to fill vacancies in which
 

fully qualified applicants are not available. Hazardous Waste Specialists will be
 

trained to a level of knowledge that they can become Hazardous Waste
 

Compliance or Permit Officers.
 

Environmental Hydrogeologist 

The staff hydrogeologist reviews and conducts studies, as appropriate, to evaluate 

hazardous waste site permit applications to ensure groundwater monitoring and 

detection systems for regulated facilities; provides functional guidance to facilities
 o

and staff engaged in monitoring activities; analyzes data and develops groundwater
 ,
 

monitoring modeling systems, as necessary; identifies contamination sources and
 

recommends corrective actions; develop and recommends cleanup and treatment
 

measures for solid or hazardous waste disposal sites; provides expert testimony in
 

legal proceedings; and develops and presents training programs for staff and others
 

in groundwater assessment and monitoring systems.
 

Program Description 

Page 13 o 
• 

Soil Scientist/Geochemist 

The Soils Scientist will serve asa technical resource to the RCRA and CERCLA 

programs within the HMB. He will provide technical assistance and guidance in the 

design and evaluation of Remedial Investigations and Remedial Action Plans, plan 

and coordinate special studies to investigate and remediate soil chemistry aspects of 

hazardous contaminants, provide technical oversight to HMB contractors, and 

provide technical oversight of HMB activities in the field and of HMB documents and 

publications. 

• 

INEL Technical Supervisor 

The INEL Technical Supervisor will coordinate the monitoring and permitting of the 

hazardous waste management activities at the INEL, with a primary emphasis on 

the RCRAICERCLA interface. The Supervisor will be responsible for coordination of 

all INEL associated activities, including inspections, permits and reports, conducted 

within the HMB, as well as those conducted by the Air Quality Bureau, Water 

Quality Bureau, and Idaho Department of Water Resources. The Supervisor will 

provide support services to the Governor's INEL Coordinator for all Hazardous 

Materials Bureau matters. 

Radiation Physicist Supervisor 

This Supervisor plans and directs the activities of Radiation Physicists who engage 

in the licensure of all by-product, natural, and accelerator-produced radiation 

• Program Description 

Page 14 
sources, special nuclear materials, and the utilization of devices and equipment 

containing such radioactive materials. Certain non-ionizing radiation sources are 0 

also inspected and administered under the purview of this Supervisor. Combined 

radioactive and hazardous waste (radioactive mixed-waste) is a new area of 

hazardous waste control which the program will address by a combined effort of the 

Radiation and Hazardous Waste staff. This Supervisor serves as the lead person 

for the State concerning radioactive materials spills, and as such is in close contact 

with the Idaho National Engineering Laboratory, the Nuclear Regulatory Commission, 

and other radiation control entities. All violations of State radiation regulations are 

compiled by the Radiation Physicist Supervisor before presentation to the Hazardous 

Materials Compliance Manager for enforcement action. This Supervisor directs theI 

daily activities of two Senior Radiation Health Physicists. 

Hazardous Materials Policy and Standards Manager o

The Policy and Standards Manager directs the development of hazardous materials 

policies, standards, regulations, legislation, training, and Superfund programs. This 

position directs the maintenance and implementation of the State Hazardous Waste 

Plan; oversees development of periodic applications to obtain and retain Federal 

authorization for a State operated program; manages the State solid waste and 

vector control programs; directs the identification and assessment of abandoned 

hazardous waste sites (Superfund) and directs remedial activities at Superfund sites. 

In addition, the position is responsible for development and maintenance of the HMB 

computerized enforcement tracking and reporting system; oversees the development 

Program Description 

Page 15 o 
and implementation of quality assurance/control procedures and protocols for 

•	 sampling and laboratory analysis activities; coordinates the development and 

implementation of educational activities related to hazardous waste issues and 

problems; negotiates and monitors Superfund project contracts with privatelaboratories, engineering consultants, district health departments, and others; 

consults with representatives from other states to develop regional hazardous waste 

policy positions; and serves as chief liaison in presenting and conducting public 

hearings on program-related matters. 

• 

Hazardous Materials Policy and Standards Supervisor 

The Policy and Standards Supervisor develops, reviews, and recommends laws, 

regulations, policies, and standards and supervises the adoption process of same; 

recommends regulatory and statutory strategy; directs the development and 

implementation of public information educational programs; supervises the 

development of applications to obtain and retain Federal authorization for a State 

hazardous waste program; ensures that' the compliance staff are trained in all 

phases of inspection, permitting, and compliance in coordination with the Compliance 

Manager and Supervisor; develops' position papers; and supervises the daily 

activities of a Solid Waste Specialist, a Vector Control Analyst, one Regulatory 

Analyst, and a' Data Management Specialist. 

• Program Description 

Page 16 
0 

Hazardous Materials Regulatory Analyst 

The Regulatory Analyst position researches Federal and State laws/regulations; 

drafts laws, regulations, policies and standards, and coordinates the adoption 

process; assesses staff input in development of regulations; develops position" 

papers and reports; compiles, catalogs, and maintains technical resource materials; 

and develops and presents training to staff, industry, and the general public. 

Hazardous Materials Information Specialist 

This position responds to public and business inquiries on hazardous waste 

regulations; makes general presentations on hazardous waste and hazardous 

materials issues to businesses, environmental groups, public officials, industries, 

schools, and the general publlc: drafts articles, organizational newsletters, and 

publications; disseminates fact sheets, brochures, and newsletters; organizes 

informational tours and workshops; arranges public information and permit meetings 

and hearings; and participates in regional and national symposia and workshops on 

general hazardous waste issues. These positions are responsible for carrying out 

the activities of the Idaho Hazardous Waste Management Plan. 

Data Management Specialist 

The Data Management Specialist will be responsible for all aspects of 

data/information management including program writing, data receipt, compilation, 

computer entry.. and report preparation for cornpllance tracking and information 

Program Description 

Page 17 o 

c 
• 

dissemination to specific and general requests of the U.S. EPA, regulated 

community, Governor's Office, Legislature, the general public, and other parties. 

These responsibilities include: 

1. Developing applications ·to handle databases;
 

-2. Training users in the use of database programs
 

3. Coordination of data-entry activities; 

4. Assuring data integrity; 

5. Filing and upkeep of program documents; 

6. Assuring timeliness of report preparation and transmittal to appropriate parties; 

7. Integration of the	 new EPA Resource Conservation and Recovery Information 

System (RCRIS). This System will replace the existing EPA Hazardous Waste 

Data Management System (HWDMS). 

• Solid Waste Specialist 

The Solid Waste Specialist Implements and coordinates the Statewide solid waste 

management program including the development of legislation, regulations, 

permitting, technical assistance, compliance monitoring and inspection; recommends 

strategies and procedures for wastes not regulated by the hazardous waste program 

and those quantities of hazardous waste currently exempt from regulation, reviews 

applications for proposed. sanitary landfill facilities; investigates problem facilities and 

develops recommendations; drafts Conditional Use Permits for construction and 

operation of facilities; classifies disposal sites for the Federal open-dump inventory; 

reviews facility water quality sampling reports; develops and maintains a 

• Program Description 

Page 18 
computerized database; maintains and updates the Solid Waste Management Plan,
 

and provides input to, and development of, State and EPA agreements; coordinates 0
 

program activities with district health departments, counties, and other solid waste
 

regulatory· and advisory agencies; presents workshops, seminars, and papers on,.
 

solid waste management; provides consultation and technical assistance to counties,
 

operating agencies, site owners and operators; and participates in public meetings
 

and hearings.
 

The Solid Waste Specialist is not a RCRA-funded position, but will participate in
 

activities which may involve, programs directed at restricting hazardous wastes at
 

municipal landfills and/or household hazardous waste information dissemination and
 

collection systems. This position will coordinate the efforts of statewide district
 

health departments, county solid waste management administration, landfill
 

operators, and the general public to inform and implement the new EPA Subtitle D c
 

Solid Waste Landfill Regulations. Direction of those activities will be under the
 

Policy and Standards Supervisor, a full RCRA position.
 

D. Projected Staffing Needs 

It is projected that on July 1, 1989 there will be 51 staff employees in the HMB. 

This includes vector management, solid waste, Superfund, radiation and hazardous 

waste staffing. 

Program Description 

Page 19 o 
• Four (4)additional positions are projected in RCRA compliance and/or permitting with 

an emphasis on correction action personnel, plus one (1) clerical in FY 90. 

E. Training 

Training of hazardous waste program personnel is coordinated through the efforts of 

the Policy and Standards Section and specifically the Regulatory Analyst. In-house 

training with presentation of technical criteria, regulations, policies, lnteraqency 

issues, etc., is typically scheduled on a weekly basis. These sessions are at a 

minimum, forty-five minutes in length, but may include half-day or full-day sessions 

depending on the degree of training topic complexity and priorities of the hazardous 

• waste program as set by the Bureau Chief and the Policy and Standards and 

Compliance Section Managers. 

Training sessions conducted in-house are moderated by the Regulatory Analyst. 

Training is routinely provided by compliance, permitting, Policy and Standards, and 

supervisory staff, depending on the area of 'expertlse necessary for each topic. 

Staff receiving outside-of-agency training in any aspect of _hazardous waste 

management are required to present a short briefing of their training to staff within a 

few weeks of their return. In this manner, staff are exposed to information in other 

areas of hazardous waste management outside of their specific daily job activities 

and thus they gain an insight into the responsibilities of all of the staff positions in 

• Program Description 

Page 20 
managing a State hazardous waste program. Representatives of industry, various 

associations, and government spokespersons at the State and Federal level may o 

also be scheduled for topic presentation when in-house expertise is not available. 

EPA training sessions, conducted at out-of-state or in-State locations are attended" 

by staff when funding levels are sufficient. 

All compliance inspection personnel have received training in the use of protective 

equipment (clothing, respirators) and recognition of hazardous materials hazards that 

may be encountered in their field activities. These training sessions are conducted 

at least yearly with a week-long introductory course for beginning inspectors, or a 

shorter course for previously trained staff. 

New Compliance Section employees involved in inspection activities are given an 8­

hour overview of the following topics by the Regulatory Analyst: 

· Federal Resource Conservation and Recovery Act (RCRA); 

· Comprehensive Environmental Response Compensation and Liability Act 

(CERCLA) or "Superfund"; 

· Toxic Substances Control Act (TSCA); 

· FIFRA Federal Insecticide" Fungicide, and Rodenticide Act (F:IFRA) 

· 40 CFR, Parts 260-270 and 124 

Hazardous Waste Management Act 

Compliance Enforcement Strategy 

Enforcement Response Policy 

Program Description 

Page 21 o 

c 
• 

· Civil Penalty Policy 

Outside of the Agency training recently attended by Compliance, Permitting, and 

Policy and Standards staff working in the hazardous waste program include the,' 

following (as of September 30, 1988): 

Personnel Protection and Safety Course - initial and refresher courses. 584 

hrs./19 staff 

• 

· Enforcement Referral Workshop - 368 hrs./16 staff 

· Permit Writers Workshop - 48 hrs./3 staff 

· Recognizing and Identifying Hazardous Materials - 44 hrs./8 staff 

· Groundwater Investigation Course - 32 hrs./1 staff 

· Corrective Action Course - 16 hrs./1 staff 

· Land Disposal Ban Seminar - 16 hrs./2 staff 

· Inspectors Entry Level Course - 24 hrs./1 staff 

·	 Inspectors Advanced Level Course - 64 hrs./2 staff
 

RCRA Authorization Workshop - 16 hrs./1 staff
 

·	 Hazardous Materials Sampling course - 48 hrs./2 staff 

Managing Hazardous Waste in the Pacific "Northwest - 16 hrs./1 staff 

Vadose Zone Groundwater Monitoring - 88 hrs./11 staff 

Surface Impoundment Technology - 64 hrsl 8 staff 

Continual staff training is a key element of the State program as the degree of 

technological and regulatory change is constantly changing to address problems 

• Program Description 

Page 22 
associated with past disposal practices and the desire to limit the amount of 

hazardous waste being generated. o 

F. Program Funding 

The hazardous waste program budget for 1986-1990 is herein summarized with 

respect to administration, technical support, and laboratory support (See Table A). 

G. Ancillary Staff Support 

1. Administrative 

Administrative support provided to the hazardous waste program includes the 

services of the DEQ Administrator, a Business Management Assistant, an 

Administrative Secretary, and an Office Secretary. The costs for these partial 

support services are not tracked as part of the hazardous waste program 

because all Bureaus within the DEQ use the services of these administrative 

positions. Two attorneys assigned to the DEQ by the Attorney General's Office 

are partially funded by the operating expense portion of the hazardous waste 

budget based on the number of FTEs within the hazardous waste program. 

For fiscal years 87, 88, 89, and 90, the. amounts of $6,000, $8,000, $9,000, 

c 

Program Description 

Page 23 o 
--------------------------------------------------------------------------

--------------------------------------------------------------------------

•
 

TABLE A
 

HAZARDOUS MATERIALS BUREAU 

RCRA PROGRAM FUNDING 

REVENUES: 

..........................................................................
 WATER HAZ.
 

STATE POL. WASTE CARRy-


GENERAL CONTROL MGMT FEDERAL OVER TOTAL
 

FY FUNDS ACCNT ACCNT FUNDS FUNDS REVENUES
 

86 41,200 30,500 215,200 4,678 291,578
 

87 53,600 51,300 219,800 324,700
 

88 29,400 145,100 186,400 273,300 634,200
 

89 172,900 262,796 250,104 685,800
 

90 614,156 372,100 986,256
 

91 700,000 475,000 1,175,000
 

====================================~================= === == == === ==

EXPENDITURES: 

•

.......................................................................... 

OTHER 

PERSONNEL OPERATING CAPITAL CONTRACT INDIRECT TOTAL FTE 

FY COST TRAVEL COST OUTLAY * & ** COSTS COSTS *** 

86 156,500 15,300 72,400 6,200 12,400 24,100 286,986 10 

87 218,070 17,420 63,050 750 3,590 21,820 324,787 15 

88 412,300 30,000 133,200 5,300 5,000 48,400 634,288 19 

89 486,700 20,000 100,700 10,000 10,000 58,400 685,889 23 

90 725,400 28,500 107,218 26,000 12,000 87,048 986,256 29 

9,1 875,000 40,000 120,000 20,000 15,000 105,000 1,175,000 34 

* FY 86 Contract for District He~lth Department Inspection Activities 

** FY 87- Contract for Basline Medical Monitoring 

*** FTE includes supervisory and other personnel with CERCLA and other 

responsibilities in addition to RCRA responsibilities. 

**** FY 90 and 91 data are projected. 

•
 
and $10,000, respectively, have been allocated to fund these legal support 

activities. o 

2. Technical Support 

Commercial laboratory and contractor services are tasks that may require nonscheduled appropriations of program funds. The Hazardous Waste Emergency 

Account (HWEA), Idaho Code § 39-4417, is a source of funding for services 

which the Director can use to prevent or mitigate a hazardous waste 

emergency which threatens the publtc health or safety, or other projects which 

are deemed applicable under this law. Additional laboratory support for 

identification and other activities for such emergency situations is thus provided. 

Funds are obtained by submitting vouchers directly to the State Auditor. The 

HWEA has been used for a total of $17,000 to provide fora contractor update 

of the State Emergency Response Plan ($1,800), to address a minor spill o 

cleanup ($500), and a major spill of non-hazardous waste into a main tributary 

($14,467). The balance of this fund at the close of FY 88 was $53,000. For 

non-emergency situations where the type of contractor work or anticipated 

workload is beyond the State laboratory capability, or which requires 

specialized lab equipment which is not readily available, efforts will be made to 

identify the ·necessary appropriation during the yearly legislative session. 

These planned activities may be funded from the 'dedicated Hazardous Waste 

Training, Emergency, and Monitoring Account, Idaho Code § 39-4417 8. 

Program Description 

Page 24 o 
• 

For non-emergency situations which require additional laboratory or outside 

services and which have not had funds previously appropriated, the operating 

budget will be used. It is anticipated that the use of this budget category will 

not cause a disruption in program services as other categories can be drawn 

upon to make up deficiencies. 

3. Laboratory 

Scheduled laboratory support for the hazardous waste program consists of two 

(2) full-time chemist positions (chemist and principal chemist) and a half-time 

Lab Assistant. These positions are currently funded at $88,000 per year. In 

FY 88, an additional $60,000 was used to purchase a HPLC instrument and to 

replace two GC units necessary for organic analyses often encountered in 

• assessing whether or not a waste is a regulated material. Laboratory services 

are provided to the hazardous waste program by the Bureau of Laboratories 

via funds from the DEQ, Bureau of Water Quality account and specifically the 

Hazardous Waste Training, Emergericy, and Monitoring Account under Idaho 

Code § 39-4417(b). An inorganic and organic chemistry section . provides 

analyses of waste residues and other related samples obtained by HMB 

compliance officers or other program directed staff. 

The location of the lab is in Boise, a short distance from the HMB central 

office. This proximity facilitates meetings and discussions between laboratory 

• Program Description 

Page 25 
supervisors, chemists, and HMB program personnel directing facility sampling 

and inspection activities. o 

The State lab can perform most of the analyses necessary to pinpoint whether" 

or not a residue contains a hazardous waste constituent. Capabilities are 

presently lacking, however, for complete analyses of aromatic and nonhalogenated volatiles, carbamate pesticides, other classes of pesticides, 

dioxins, benzedines, and polynuclear aromatic hydrocarbons. The EP 

extraction test is being used by the State lab for certain heavy metals and 

pesticides. In FY 88 one HPLC and two GC units were acquired to fulfill this 

capability. 

For analyses of hazardous constituents in waste residues and ground or 

surface waters beyond State laboratory capability, private commercial labs can 

be used. Funds for these activities will be provided for by use of other 

transferable funds within the budget, l.e., operating expenditures for travel, 

equipment, etc., which can be reimbursed by seeking legislative appropriation. 

.As the State program proceeds, laboratory capabilities will be upgraded in the 

areas of equipment purchase, training, and quality assurance in order to 

provide a thorouqh and stable resource for all hazardous waste analyses 

activities. 

Program Description 

Page 26 o 

c 
• 

Both laboratory personnel and specialized instrument costs are appropriated 

from the Hazardous Waste Training, Emergency, and Monitoring Account 

created by Idaho Code § 39-4417B.. This account was established in 1984 to 

collect fees on all materials disposed at commercial hazardous waste land 

disposal facilities. In FY 88, $1,134,000 was collected. Almost thirty percent of 

the program operating budget is funded by this account. 

4. Contract Mechanisms 

The program may use various mechanisms to contract with outside agency 

sources for services or expertise. They include: 

• 

a. For purchases of equipment under $500, approvals from a HMB Section 

Manager and the Bureau Chief, coupled with review by the DEQ Business 

Manager, are necessary prior to purchase. 

b.	 For purchases of equipment above $500, the procedure listed below must 

be followed. A requisition from the IDHW Division of Management 

Services, Purchasing Section must be completed. That Section then 

advertises and calls for bids (see notes 1. & 2.) when the amount of the 

purchase is under $5,000. When the amount is over $5,000, the 

Department of Administration, Division of Purchasing conducts further 

reviews, then advertise and calls for bids (see notes 1. & 2.). 

c.	 The Department of Administration, Division of Purchasing, negotiates 

contracts for equipment purchased in larger quantities by all State 

agencies. Under the State contracts, approvals from the HMB Section 

• Program Description 

Page 27 
Manager and Bureau Chief, and review by the DEQ Business Manager 

are necessary prior to purchase, under State contracts.	 o 

d.	 For purchases of a combination of services and equipment, steps a., b.,. 

and c. must be followed. In addition, a request for proposal which outlines 

the scope of services to be provided may be needed. 

Notes: 1. All bidders must be registered with the Department of Administration, 

Division of Purchasing prior to submitting bids. 

2.	 Certain professional groups such as consulting engineers, physicians, 

and attorneys are exempt from the bidding process because of 

accepted ethical standards among these professionals. 

o 

This Request for Proposal (RFP) describes such topics as: 

1.	 Scope of Contract 

2.	 Scope of work 

3.	 Proposal outline 

4.	 Proposal detail 

5.	 Deliverables/schedule 

6.	 Pre-bid conference 

7.	 Contractors liability insurance 

8.	 Workman Compensation Insurance 

Program Description 

Page 28	 () 

- .-._---- ------........
 
• 

9. Subcontractors 

10. Contract period 

11. Extension of time 

12. .Evaluation 

13. Contract award 

14. Payment 

15. Acceptance of proposal contents 

16. Change orders 

17. Contract termination 

• 

e. For purchases of services only, from $500 per month to a total value of 

$3,000 (regardless of the length of time involved), proposals may be 

obtained verbally or in writing. At least three proposals must be obtained. 

If it is impossible to obtain the required three proposals, a letter of 

explanation must be included. A detailed written record must be kept of 

all proposals solicited and received. 

A review committee would then select a proposal and draft a contract or 

Standard Agreement which specifically describes the services to be 

rendered. Approvals are needed from the Section Manager, Bureau 

Chief, DEQ Business Manager, IDHW Division of Management Services, 

Contracts Section. Once these approvals are obtained, a contract would 

be signed by the contractor and the Director of the IDHW. A Standard 

• Program Description 

Page 29 
Agreement may be signed by the contractor and the Administrator of the 

DEQ. 

• 

1. For services with a total value in excess of $3,000, a Request for ,­

Proposal (RFP) must be written. It must contain detailed specifications of 

the services needed and a statement which details the factors to be used 

in selecting the successful proposal. The RFP must be approved by the 

HMB Section Manager, Bureau Chief, DEQ Business Manager, and IDHW 

Division of Management Services, Contracts Section. The HMB is 

responsible for advertising the RFP and soliciting bids (see notes 1. & 2.). 

All proposals are submitted to a Review Committee which selects the 

winning bidder. A contract is negotiated with the successful bidder. This 

contract is signed by the contractor and the Director of the IDHW. 

H.Operational Procedures 

In this section, the principle regulatory' procedures of the program are described, 

including the manifest system, the permit process, and compliance and enforcement 

procedures. 

1. Scope of Regulated Community 

The estimated number of small quantity and large quantity generators is 

delineated in Table B. 

• Program Description 

Page 30 
o 

Estimated Types and Number of Regulated Activities 

I 

PERMIT STATUS 

ACTIVITY TYPE STATE INTERIM STATUS I STATE PERMIT RCRA PERMIT TOTAL 

* * 506 Generators 506 

152 a . * * 152 . TransDorters 

Storage Facilities 2 b. 2 c. 4 

on-site 

d. 3 off-site 3 

Treatment Facilities 1 e. 1 f. 2 

on-site 

off-site 1. g • 1 

2 h. 2 

Disposal ~acilities

on-site 

o'ff-si te . 2 i . 2 

a. Includes all commercial "for hire" transporters as well 

as generator and TSD on-site and off-site facilities 

transporting their own wastes. 

b. Ida'ho National Engineering ,'Laboratory (INEL), Arco; 

Mountain Home Air F~rce Base, Mountain Home. 

c. Omark, Lewiston; Hewlett Packard, Boise. 

d. Envirosafe Services, Grand View; Safety Kleen, Boise & 

Pocatello. 

e. INEL, Arco 

f . Utah Power & Light, Idaho Falls 

g. Envirosafe ServIces, Grand View. 

h. Morrison-Knudsen & Pressure Treated Timber, Boise. 

i. Envirosafe Services, Grand View & Bruneau 

o
 
• These numbers are based upon receipt of hazardous waste activity notifier forms 

by EPA Region 10 and subsequent compilation and transmittal of this information 

to the state on a monthly basis. Three-hundred and fourteen of the five hundred" 

and six notifying hazardous waste handlers represent large quantity generators 

who are currently or have at least once generated more than 2,200 pounds of 

hazardous waste in any calendar month; have obtained an identification number 

to facilitate waste handling if a release of hazard chemical does occur; or have 

filed a "protective notification" to ensure compliance even though the facility does 

not intend to routinely handle hazardous waste. The remaining 192 generators 

represent those who claim that waste generation has not been in excess of 2,200 

pounds in any calendar month, but which may also include "protective 

• notifications." The actual number of handlers which correspond to these 

individual generator categories will remain variable until the program identifies all 

generators via the EPA Biennial Generator Report, State Quarterly Generator 

Report, waste generator surveys, inspections, and/or any combination of these 

information gathering systems. 

The estimates for interim status or permitted treatment, storage, or disposal 

facilities represent generators and/or waste handlers which perform a function 

which requires temporary agency authorization (interim status or Part "A") or the 

issuance of final operating, closure, or post-closure approval (Part B permit). 

• Program Description 

Page 31 
0 

Table C lists the quantity of hazardous waste which is generated .and then 

handled in or out of the state for the most recent reporting period. As generator 

and disposer reporting periods do not yet coincide, these data do not reflect a 

"ton-tor-ton" analysis of waste generation and final disposition activities. Further 

refinement of HMB data collection programs by use of the State Quarterly 

Generator Report and/or the EPA Biennial Report will address these data gaps. 

2. Receipt.	 Verification, and· Issuance of Hazardous Waste Handler Identification 

Numbers and Receipt of Permit Applications 

The notification process is a cooperative effort between the State of Idaho and 

the U.S. Environmental Protection Agency Region 10 (U.S. EPA Region 10). The 

roles of the two agencies shall be as follows: 

A. First time (new) notifiers/notifications o

1. The IDHW/HMB will be responsible .for publicizing. the notification 

requirements to the public through the use of:
 

. a. Public Notices in the newspaper.
 

b. Television spots. 

c. Radio spots. 

d. Small Quantity Generator presentations/slide show. 

e. development/implementation of education programs. 

1.	 Other publications: 

Program Description 

Page 32	 o 
• TABLE C 

ANNUAL QUANTITIES OF HAZARDOUS WASTES
 

ACTIVITY ANNUAL TONS 

Generated In-State 

10/1/86-9/30/87 

1,951 

Transported -

Into the State 

12/1/86-11/30/87 23,628 

Out of the State . 10/1/86-9/30/87 1,570 

In-State 

Storage, Treatment, Disposal 

On-Site 

Off-Site 

12/1/86-11/30/87 

-

0 

24,417.6 

•
 

The quantities displayed above for "Generated in the State" r~presents wastes generated - only by routine generators of 

more than 2,200 pounds per month, or those facilities which 

during the course of the 12 month reporting period have 

generated at least 2,200 pounds one or more time-s. Small 

quantity and conditionally exempt generator quantities are 

not addressed in these data. Idaho generators report to the 

State by the action of § 39-4411, Idaho Code, which requires 

a quarterly report -submittal to the Hazardous Materials 

Bureau . 

•
 
g. Instructions to the EPA Region 10, Waste Management Branch personnel 

to refer incoming calls regarding Idaho's notification process to o 

IDEQ/HMB.
 

All information will refer the public to the Hazardous Materials Bureau,"
 

450 W. State Street, 3rd Floor, Boise, Idaho 83720, telephone number
 

(208) 334-5879. 

2. The	 IDEQ/HMB will be responsible for distributing and processing the 

notification forms. 

a. HMB will distribute the EPA Notification Form 8700-12 accompanied by a 

cover letter which includes instructions to the notifier to contact the HMB 

with any questions and to send the completed form to HMB. 

b. HMB will review and process the completed notification form within seven 

(7) days of receipt using the following procedures:
 

i) Date stamp the Notifier's form.
 

ii) Review the form for accuracy and completion utilizing the EPA
 

Region 10 guidelines. 

iii) Contact the Notifier via telephone for resolution of discrepancies on the 

form. 

iv) Enter data from the Notification form onto the HMB Notification 

Database System. 

v) Make a xerox of the Notification form and send the to 

EPA, Region 10. 

Program Description 

Page 33 
• 

vi) A transmittal letter listing the Notifier(s) will accompany the copv(ies} 

of the Notification form(s) to EPA Region 10. A copy of the 

transmittal will be retained in the Hazardous Materials Bureau file to 

document the transfer of information. 

vii) Print (in ink) on the original form, the date the £QQY was sent to 

EPA Region 10 office for processing. 

viii) The original Notification form will be filed alphabetically in the RCRA 

Notification Files. 

3. EPA Region 10 will be responsible for receiving and processing the copy of the 

notification form. 

•
 

a. EPA will assign an 1.0. number using the following procedures:
 

i) Date stamp the form and log in the name and date received.
 

ii) Review for completeness. If incomplete, EPA will either call the
 

IDEQ/HMB to obtain the missing information or request another 

completed form depending on the extenVtype of the omission. 

iii) Assign an EPA identification number according to Facility Index System 

(FINDS) procedures. 

b. EPA will enter the notification information into the Hazardous Waste Data 

Management System (HWDMS). 

c. EPA will generate the acknowledgement forms according to the following 

. procedures: 

• Program Description 

Page 34 
i) Generate the EPA Acknowledgement Forms 8700-12B from 

HWDMS. o

ii)	 Send the closed portion of the acknowledgement forms to
 

IDEQ/HMB.
 

iii) Generate an acknowledgement report which shows I.D. number,
 

location address, mailing address, date of notification, date of
 

acknowledgement and send to IDEQ/HMB with the acknowledgements.
 

d. EPA will keep the carbon copy of the acknowledgement forms for their
 

files.
 

1.	 EPA will generate the monthly notifiers' report and send to IDEQ/HMB. 

4. The	 IDEQ/HMB will be responsible for processing the acknowledgement 

forms. .: 

a. HMB	 will send the acknowledgement forms to the notifiers using the
 

following procedure:
 

i) Date stamp the acknowledgement report.
 

ii) Enter the I.D. number on the original notification form.
 

iii) Make a photocopy of the outside of the acknowledgement form.
 

iv) Send the acknowledgement form to notifiers with the
 

acknowledgement cover letter.
 

v) Record date sent on copy of acknowledgement form.
 

vi) File copy with original notification form.
 

Program Description 

Page 35	 o 
• 

b. HMB will enter the 1.0. number and associated data into their notification 

database. 

B. Modifications to existing notifications (subsequent notifications) and requests tor 

withdrawal as regulated hazardous waste handlers. 

1. The	 IDEQ/HMB will. be responsible for processing the modifications 

(subsequent notifications)/Ietters requesting modifications and withdrawal 

requests. 

• 

a. HMB will receive and process the subsequent notification form/letter 

requesting modification and withdrawal requests using the following 

procedures: 

i) Date stamp the Notification form or letter requesting modification. 

ii) Review for accuracy and completion utilizing the EPA Region 10 

Quality Control (QC) guidelines. 

iii) Contact the Notifier via telephone for resolution of discrepancies. 

iv) Make a photocopy of the Notification form or letter requesting 

modification. 

v) Send the copy to EPA Region 10 

vi) A transmittal letter listing both the first-time Notifiers and the 

subsequent Notifiers will accompany the copy(ies) of the notification 

form(s) to EPA Region 10 office. A copy of the transmittal will be 

retained in the Hazardous Materials Bureau file to document the 

transfer of information. 

• Program Description 

Page 36 
vii) Print (in ink) on the original subsequent Notification form or letter 

requesting modification the date the copy was sent to EPA Region c 

10 office for processing. 

viii)	 The original subsequent Notification forml letter requesting' 

modification will be filed alphabetically in the RCRA Notification files 

with the original Notification. 

b. HMB will enter the change into their notification database. 

c. HMB will inspect withdrawal candidates to verify that no hazardous wastes
 

are being generated, transported, stored, treated or disposed of by the
 

handler.
 

2. The U.S. EPA Region 10 will be responsible for receiving and processing 

the copy of the subsequent notification form/letter requesting the modification 

or withdrawal request. 

a. EPA will process the changes using the following procedures: 

i)	 Review for completeness. If incomplete, EPA will either call 

IDEQ/HMB to obtain missing information or return the document(s) 

to IDEQlHMB for completion. 

ii)	 Research the change to verify that it is really a change to an 

existing handler and location rather than a change of location or a 

new handler. 

b. EPA will enter the change into HWDMS. 

c. EPA will generate the monthly notifiers' report and send to IDEQ/HMB. 

Program Description 

Page 37	 o 

c 
• C. Emergency identification numbers. 

1. The IDEQ/HMB will be responsible for receiving and processing requests for 

J.D. numbers needed on an emergency basis. 

a. HMB	 will process requests for emergency J.D. numbers using the 

following procedures: 

i) Gather/verify pertinent information and decide if emergency exists. 

ii) If emergency exists, obtain notification form or equivalent information 

verbally. 

iii) If no emergency exists, process according to Standard Operating 

Procedures. 

b. HMB will transmit information by facsimile or telephone to EPA Region 

•
 10.
 

2. The	 U.S. EPA Region 10 will be responsible for receiving and processing 

the request for an emergency J.D. number. 

a. EPA	 will immediately assign an EPA identification number using the 

following procedures: 

i) Research and assign an EPA identification number according to the 

FINDS procedures. 

ii) Call 10EQ/HMB with the number. 

b. EPA will enter the notification information onto HWOMS. 

• Program Description 

Page 38 
0 

I 

I 

c. EPA will generate an acknowledgement form and will send to IDEQ/HMB 

when a complete, signed notification form has been received by the 

Region 10 office. 

3. IDEQ/HMB will be responsible for transmitting the identification number to
 

the handler and follow-up processing.
 

a. HMB will telephone the identification number to the handler. 

b. HMB will enter the information into their notification database. 

c. HMB	 will process follow-up information when necessary using the
 

following procedures:
 

i) Obtain a complete, signed notification form.
 

ii) Send copy to EPA Region 10.
 

iii) Record 1.0. number on original notification form.
 

iv) Receive acknowledgement form from EPA.
 o

v) Transmit acknowledgement form to the notifier.
 

d. HMB will enter data into their notification database as necessary. 

Newly-received Part A and/or Part B applications will be forwarded to the 

Manager of the compuance Section. The Manager will review and forward the 

Part A and/or Part B application to the Compliance Supervisor who will in turn 

assign the Part A and/or Part B to a Hazardous Waste Permit Officer. The 

Permit Officer will forward the information to the secretarial staff for inclusion on a 

"Permit Applicants List." The Permit Applicants List will include the date the 

Program Description 

Page 39	 o 
application was received, EPA identification number, facility name and address, 

• facility contact, whether it is an existing facility or a new facility, waste process 

codes, and the Part B application due date, if it has been requested. 

When all of the information from the complete Part A application has been· 

included on the List, the Permit Officer shall forward a copy of the completed 

application along with a letter acknowledging receipt to the applicant. A copy of 

this acknowledgement will be forwarded to EPA Region 10, HW-112, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

• 

The "Notifier's List" and "Permit Applicants List" will be used by the Compliance 

Manager/Supervisor to schedule verification and/or compliance inspections and 

schedule other workload assignments. 

3. Manifesting 

The EPA manifest system requirements are located in 40 CFR, Parts 262 

(Generators), 263 (Transporters), and 264, and 265 (Permitted and Interim Status 

Facilities). The equivalent State requirements are found in IDAPA §§ 16.01.5006, 

01.5007, 01.5008, and 01.5009, respectively. 

The manifest is a document which identifies the character, origin, and destination of 

a waste, and which accompanies the waste from its source to its point of treatment 

• Program Description 

Page 40 
0 

or final disposal. The EPA National Uniform Manifest Form has been adopted by 

the State program. The Manifest Form and guidance are found in the Appendices. 

4. Inspections: 

According to IDAPA § 16.01.5800, commercial TSD facilities or off-site generator 

TSDFs may be inspected as frequently as daily. These TSDFs will normally be 

inspected on an annual basis including a records review and sampling, if deemed 

necessary. On-site generator and TSDFs may be inspected 2-20 times per year. 

Individual generator and transporter facilities may be inspected 2-12 times per year. 

Transport vehicles may be inspected as often as necessary. 

The frequency of inspections may be accelerated for those members of the 

regulated community which pose the greatest risk to publlc health or the 

environment. IDAPA § 16.01.5800 provides broad frequency ranges for hazardous o 

waste inspections. These ranges apply only to inspections performed for hazardous 

waste regulatory purposes and are expressly subject to agency time and resource 

constraints. Moreover, the regulations provide that more frequent inspections can 

be made upon reasonable cause to suspect a violation of HWMA or the regulations 

promulgated thereunder or upon issuance of a policy guidance memorandum by the 

Director of IDHW. Overall, these frequency guidelines pose no binding restrictions 

on the authority of IDHW to perform necessary hazardous waste inspections. If a 

search warrant is required prior to inspection, or if entry onto facility property is 

Program Description 

Page 41 o 
initially denied, the inspecting Compliance Officer will contact the Section Manager to 

• discuss the advisability of seeking a search warrant from the local magistrate. 

All facilities which have received permits or which have had waste management" 

units closed in the previous year will be inspected during the following year for 

. compliance with permit conditions and/or closure-post closure requirements. All 

interim status facilities for which Part 8 permit applications have been called in will 

be inspected by a Permit Officer and a Compliance Officer after the call-in' 

notification is issued, but no later than 90 days after that date. 

• 

Inspection Checklists prepared by the EPA National Enforcement Investigation 

Center (NEIC) will be used for an overall review of a waste handlers performance 

and will include on-site examinations of records and other documents maintained by 

the owner/operator (Checklist contained in Appendices). Sampling inspections will 

be utilized whenever necessary. Record reviews of Closure-Post Closure Plans and 

financial responsibility documents will be conducted in concert with a comprehensive 

facility" inspection or as necessary. --Inspectors will be particularly cognizant of 

violations which can be harmful to human health or the environment. 

The Compliance Supervisor is responsible for scheduling inspections and evaluating 

the performance of subordinate staff who conduct the inspections. All observations 

and violations will be documented in inspection reports accompanied by field notes 

recorded in Compliance Officer log books. Files for each facility will be maintained 

• Program Description 

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0 

and readily accessible to staff personnel; they may be made accessible to the 

general public as governed by the procedures in IDAPA §§ 16.01.5750 et seq. A 

computer file will be established for each facility; it will specify the current facility 

. status and dates of all inspection and compliance activities. Follow-up inspections. 

will be used to determine whether violating facilities have been returned to 

compliance. Timely follow-up inspections will depend on: 

. the date the final Consent Order was issued;
 

the agreed-upon compliance schedule;
 

. the severity of the violation(s).
 

Environmental sampling, quality assurance methodology, and chain-of-custody 

procedures will be the same as those used by EPA. A Chain-of-Custody Form is 

contained in the Appendices. Procedures used by program staff in the performance 

of their inspection and sampling activities are contained in the HMB Standard o 

Operating Procedures (SOP) manual. The State Analytical Laboratory in Boise will 

be utilized for primary analyses of wastes and other substances collected by 

Compliance Officers. If the State lab is over-committed and unable to provide 

results within a reasonable time period, an EPA-certified contract lab will be utilized. 

5. Hazardous Waste Transportation Authorities 

Section 39-4410(1) of the HWMA stipulates that the IDHW Board shall promulgate 

rules to control the intrastate and interstate transportation of federally regulated 

Program Description 

Page 43 o 
types and quantities of hazardous waste. These rules are to be consistent with 

•	 those of the United States Department of Transportation (U.S. DOT), U.S. EPA, and 

the Idaho Public Utilities Commission (IPUC). If the IDHW rules conflict with those 

of the IPUC, the Board shall promulgate rules which minimize this conflict while, 

assuring that the primary authority and effectiveness of the State hazardous waste 

program is not jeopardized. Currently, there is no part of the U.S. DOT rules which 

conflict because the State has indeed adopted EPA hazardous waste regulations 

which incorporate applicable U.S. DOT rules for waste shipment containerization, 

labeling, marking, and manifesting. Idaho Code §§ 61-810 et seg. gives authority to 

the Idaho Department of Law Enforcement (OLE), Idaho State Police, as the lead 

agency in enforcing the federal motor carrier safety program in the State, which 

includes all standards for transportation of hazardous waste or hazardous material. 

• Further State management in this area is accomplished via Idaho Code §§ 49-2501

et seg., The Hazardous Materials/Hazardous Waste Transportation Enforcement Act 

(HMTA) of 1986. This statute authorizes "agents" of the OLE such as Idaho State 

Police" Port of Entry Officers/Inspectors, and any local peace officer to enforce 

compliance with all rules adopted under Idaho Code §§ 61-810 et seg., Idaho Code 

§§ 39-4401 et seg. (HWMA), Idaho Code §§ 49-2501 (HMTA), and any regulations 

promulgated thereunder. 

IDHW inspections of transportation facilities (transfer stations, truck terminals, etc.) 

and "incoming" shipments at TSD facilities may reveal violations of HWMA or State 

'. Program Description 

Page 44 
0 

hazardous waste regulations which are also violations under the HMTA. IDHW, via
 

an inter-agency Memorandum of Agreement (MOA) (see Appendices), will furnish
 

information to OLE for that agency's review and possible enforcement.
 

The OLE will further assist the U.S. DOT office in Boise concerning interstate
 

carriers who have violated any provisions of applicable State Acts or regulations. It
 

is the intent of all parties that IDHW, OLE, and the U.S. DOT focus on their
 

respective roles in ensuring adequate management of hazardous waste shipments
 

without duplication of effort. However, nothing in the MOA precludes these
 

respective agencies from pursuing corollary enforcement if deemed necessary.
 

6. Enforcement Program Summary 

The philosophy, program resources, and day-to-day procedures for addressing civil 

and criminal violations of the HWMA and regulations adopted thereunder are. o 

contained in the "Compliance and Enforcement Strategy," "Civil Penalty Policy," and 

the "Enforcement Response Policy" located in the Appendices. These latter two 

EPA-drafted policies have been adopted by the IDHW as its own operating 

guidance, and in conjunction with the programs Compliance and Enforcement. 

Strategy, constitute the State's response to violations. 

The State program has adopted the December 1987 EPA Enforcement Response
 

Policy (ERP) for determining whether a violation is a Class I or Class II violation.
 

Use of the ERP will further break down these Classes into high, medium, and low
 

Program Description 

Page 45 o 
priority violators depending on the severity of the violation and the cornpliance 

•	 attitude of the violator. Some type of enforcement action will occur in response to 

every instance of non-compliance known to the IDHW. Penalties may be assessed 

for all "high priority" violations, and for other Class I and Class II violations as ,. 

deemed appropriate. Monetary penalties are calculated by use of the Civil Penalty 

Policy. The guidance provided by the Civil Penalty Policy includes the logic and 

methodology which the IDHW uses in its deterrnlnatlon of penalty assessment. 

• 

Civil enforcement actions will consist of Warning Letters (WL), Notices of Violation 

(NOV), or Consent Orders (CO). A Warning Letter or a Notice of Violation will state 

the proper regulatory or statutory authority, and in the case of an NOV, may list the 

penalties being requested by the IDHW. The HWMA establishes an upper limit of 

$10,000 per day per violation for false statements or violations of any permit, 

regulation, NOV, or CO. 

An NOV will inform the violator of an opportunity to attend a compliance conference 

with the IDHW to discuss the NOV, and to reach an agreement leading to a signed 

CO between the violator and the IDHW. For "high priority" violations, civil 

enforcement actions may be taken immediately if the Director, via a recommendation 

by the DEQ Administrator, determines that a significant violation has occurred. This 

determination will be made within thirty (3D) days of the inspection and will be based 

upon the inspection report and other information gathered by the Compliance 

Officer.. When civil action is taken, the complaint will be filed in the county where 

• Program Description 

Page 46 
the violation occurred. A request for monetary penalties may be included in each 

complaint of this type. Additionally, injunctive relief may be sought if there is an o 

imminent hazard to the public health, safety, or the environment. It should be noted 

that civil enforcement actions may be taken even in the absence of a prior" 

administrative action. There .are two separate administrative actions which can be 

taken for Class I and Class II violations. One of these actions is a negotiated 

. compliance conference by which the violator is given an opportunity to discuss the 

NOV issued by the IDHW. At the conference, an attempt is made to negotiate a 

voluntary Consent Order (CO) by which the violator can agree to future actions and 

which may include compliance schedules. If the terms of the mutually agreed-upon 

CO are not met by the violator, the case may be referred to an Idaho District Court. 

If the parties cannot reach agreement on a CO within 60 days following the receipt 

of the NOV by the violator, or if the recipient does not request a compliance 

conference within 15 days of receipt of the NOV, the Director may commence and
 o

prosecute a civil enforcement action in district court.
 

Consent Orders are voluntary agreements between a violator and IDHW and are
 

consequently not appealable. As provided by Idaho Code §. 39-4413, Consent
 

Orders are specifically enforceable by an appropriate Idaho state district court. In
 

accordance with Rule 11 of the Idaho Appellate Rules, any final judgment or decree
 

of a district court enforcing a Consent Order is appealable to the Idaho Supreme
 

court. Ukewise, any final judgment or decree rendered by a district court in a direct
 

civil enforcement action by the director is appealable to the Supreme Court.
 

Program Description 

Page 47 o 
• The second type of administrative action is a permit suspension or termination 

proceeding. These procedures are detailed in the Section titled "Permit Modification, 

Suspension, Revocation and Reissuance, and Termination." 

The percentage of handlers identified as having Class I violations at the beginning 

of each fiscal year, and which have been brought into compliance, or which are 

operating under a compliance schedule, will be determined on a quarterly basis. 

The percentage of handlers with Class I violations which have been reinspected or 

which have had record reviews will be determined semi-annually. 

• 

The Attorney General's Office will be consulted when the Compliance Manager has 

determined that a violation may have occurred. When the final decision to take 

administrative or civil action has been made, the case will be formally referred to the 

Attorney General's Office with supporting information relating to the facility inspection 

and other relevant data as applicable. The assigned Attorney and the Compliance 

0-

Officerwill review and confer, prepare-a final draft, and submit it to the Compliance 

Supervisor, who will review and may further confer with the Attorney and 

Compliance Officer to finalize the document. Records of compliance and 

enforcement activities are kept in facility files and are maintained in the computer 

enforcement tracking system. The tracking system will be used to identify key 

program compliance elements, and to provide data to meet reporting requirements 

of the EPA. The database will include all members of the regulated community 

• Program Description 

Page 48 
covered by the authorized program. The Compliance Enforcement Strategy 

contained in the Appendices details the specific chain of events leading to o 

enforcement after the initial date of administrative determination (discovery) that a
 

violation has occurred.
 

7. Criminal Enforcement Procedures 

Under the HWMA, any person who knowingly makes any false statement or 

representation in documents used by the IDHW to determine compliance, or who 

knowingly violates any provision ot the HWMA or any permit, order, regulation, or 

standard issued or promulgated pursuant to the HWMA, may be prosecuted in a 

criminal action (Idaho Code § 39-4415(1)). If found guilty, that person is subject to 

a maximum $10,000 fine and one year prison sentence. Where the IDHW has 

evidence of a knowing violation of a rule or HWMA statutory provision which may be 

of significant and immediate threat to the public or the environment, the IDHW may
 o

refer the case to the Attorney General's Office for criminal prosecution. In
 

consultation with the IDHW, the Attorney General's Office will determine if sufficient
 

evidence exists to prove all elements of the case beyond a reasonable doubt. The
 

Attorney General's Office will then confer with the appropriate -County Prosecutor. If
 

that County Prosecutor is unwilling or unable to proceed with a criminal prosecution,
 

the Attorney General's Office will reassess the case in consultation with the IDHW,
 

and the Attorney General may then file criminal charges directly without the aid of
 

the County Prosecutor. A potential criminal case may also be referred to EPA's
 

criminal enforcement unit for federal prosecution.
 

Program Description 

-Page 49 o 
•	 8. Waste Stream Delisting 

The State regulations provide for identification of hazardous wastes via a specific 

generation process, a general use, or by an individual hazard characteristic." 

However, there may be individual cases where a generator feels his particular sitespecific waste stream may not contain all of the listed hazardous constituents or the 

concsntranons. are so low or immobilized as to be no threat to the environment or 

public health if handled as a non-hazardous waste. 

• 

In these cases, generators must petition the Board, by certified mail, to have their 

specific waste stream(s) "delisted" as hazardous waste(s). The Board, an appointed 

body selected from the general public to address adoption of regulations and hear 

appeals, will use the technical review of the HMB in its preparation of a petition 

decision. The Board, upon recommendation from the HMB, will issue a tentative 

decision to deny or grant the petition. This tentative decision shall be publicly 

noticed as a twenty (20) days notice as provided in §60-109 Idaho Code to receive 

written comments. Upon written request from any. interested person, the Board, at 

its discretion, may hold an informal public hearing to receive oral public comment. 

The public notice period for an announcement of any informal public hearing shall, 

at a minimum, be thirty (30) days. The Board may also elect to give notice and 

schedule an informal public hearing if it feels there is significant interest in such 

proceedings. The Board may also subpoena witnesses and other information in the 

performance of its petition evaluation. The Board may elect to exclude only part of 

• Program Description 

Page 50 
the waste stream where it has reason to believe that variability of the waste justifies 

a partial exclusion. The decision of the Board is the final agency determination. An G 

appeal of the Board's decision can be made to district court for review and a final 

decision. The technical review criteria used by the HMB is identical to that found in . 

CFR 40, Part 260.22; thus, the State program delisting procedure provides for an 

EPA equivalent mechanism. As delisting petitions are not "scheduled" activities that 

are annually negotiated in the State/EPA Workplan, no set time period is prescribed 

for the issuance of a final board decision after initial petition receipt. Additionally, 

the Board does not meet on a regular basis throughout the year so hearings may 

be held several months after the close of the public notice periods. Specific EPA 

delisting guidance documents will be used by the HMB to address delisting petitions 

in order to properly evaluate sample results and waste attenuation/risk assessment 

information and thus arrive at a reasonable and scientifically defensible 

recommendation to the Board. 

9. Information Management 

The Policy and Standards Section will manage the receipt, compilation, and 

dissemination of general and specific reports to Region X EPA, program staff, 

regulated community, Governor's Office, Legislature, and the general public. A 

summary of information collection, compilation, and dissemination is discussed 

below. 

Program Description
 

Page 51
 

c 

c 
a. Public and Confidential Information 

• 

• The State will make every effort to provide information concerning regulated 

hazardous waste handlers in response to public requests; the information may 

include that gathered by the IDHW or obtained from regulated hazardous waste" 

handlers. Handlers claiming that their information should be declared confidential 

business information (CBI) under IDAPA §§ 01.5750 et seq., must present an 

affidavit stating how disclosure of the information would divulge trade secrets and, 

in so doing, how disclosure would substantially harm the competitive position of 

their business. The IDHW will respond to a request for a CBI designation or to a 

public request for CBI or other information within twenty (20) working days. This 

initial timely response, although subject to longer time periods for internal record 

compilation and final decision-making, demonstrates the commitment of the State 

to provide information in response to the public's awareness and involvement in 

local, state, and national hazardous waste problems. 

Notwithstanding the provisions for non-disclosure of in-progress enforcement 

proceedings, certain records may be released upon request or furnished to 

outside agency sources as the primary intent is to promote the agency's 

enforcement efforts among the regulated community and the public at large. 

A party denied a declaration of CBI for their records by the IDHW may submit 

additional information to the Director in an effort to further substantiate their CBI 

claim. If the request is further denied and the party appeals the Director's 

• Program Description 

Page 52 
0 

decision, a hearing shall be held. The Director's final post-hearing decision 

constitutes final agency action for the purpose of judicial review under the Idaho 

Administrative Procedure Act. 

A requesting party who is denied access to agency records shall be informed of 

the reason(s) no later than twenty (20) working days from receipt of the initial 

request. Any denial shall include notification that an appeal may be made in 

writing within thirty (30) working days of receipt of the denial. The appellant shall 

be granted a hearing by the Director and a final decision shall be made by the 

Director in accordance with the Idaho Administrative Procedure Act. In the event 

of appeal and judiclal review pursuant to Idaho Code § 12-117, the court shall 

award the appellant reasonable attorney fees, witness fees, and reasonable 

expenses if the court finds in favor of the requesting party and also finds that the 

Department acted without a reasonable basis in fact or law. o

In the interest of benefiting the general public, reduction or waiver of fees may be 

made with any request for record copying or other administrative costs usually 

charged by the agency for these services. "Reduction or waiver of fees shall be 

made on a case-by-case basis. 

b. Biennial Report 

Upon receipt of program authorization, the State program will assume the receipt, 

processing, and preparation of the biennial report. This report is used by State 

Program Description 

Page 53 o 
and EPA staff to determine the flow of waste in or out of the State in order to 

•	 anticipate the necessity for additional treatment, storage, recycling, or disposal 

facilities to provide assurance that the State meets the national waste disposal 

capacity assurance requirement for the next twenty (20) years, identify and assist " 

in regulating Idaho waste handlers, and to, provide the basis for summary reports 

to be made available to the general public. The biennial report will be prepared 

by the Policy and Standards Section with data gathered from generators and 

TSDFs.by the use of EPA reporting forms. The forms will be mailed by the State 

to generators and TSDFs by December 31 of each odd-numbered year, and are 

required to be submitted to the Department by March 1 of the following even 

numbered year. 

• These, data will be compiled and processed into generator and/or treatment, 

storage, or disposal facility categories. A summary report will be prepared 

defining the type of facility subject to reporting; the types and quantities of waste 

generated in the state; treated, stored, recycled or disposed in- or out-of- state; 

and efforts by generators to reduce their annual waste volume, and toxicity. 

The biennial report summary will be submitted to U.S. EPA Region X upon 

completion, as will individual facility reports, upon request. The biennial report 

summary is a public document available upon request. Individual facility reports, 

subject to the provisions in IDAPA §§ 16.0~ .5750 et seq. shall also be made 

available to the general public for review and copying. Copies of the biennial 

• Program Description 

Page 54 
report shall be furnished to the other states in Region X, and to any other state's
 

hazardous waste agency upon request. G'
 

c. Compliance Reporting 

The State program will use the EPA forms titled "Status of Permit Application 

Reports" (SPARS), and "Compliance Monitoring Enforcement Logs" (CMELS) to 

compile data and prepare reports on compliance and permitting activities of Idaho 

facilities (forms in Appendices). These reports will be submitted monthly as they 

are generated. 

For all State generated reports which EPA may require to be submitted on a
 

quarterly basis to its Region X office, the following schedule will be used:
 

Quarter Completion Time
 

Jan/Feb/Mar May 31
 

April/May/June August 31
 

July/Aug/Sept. November 30
 

Oct/Nov/Dec February 28
 

All regulated facilities are tracked for compliance via a Compliance Section Data
 

Entry Form. Updates to these forms are entered weekly with an
 

inspection/enforcement summary report submitted· to the Compliance Supervisor
 

and Manager each Friday. Resolved enforcement actions are deleted from the
 

Program Description 

Page 55 () 

C 
• 

weekly summary report after one year, but are archived in the computer tracking 

system for future· reference. A copy of the Data Entry Form is included in the 

Appendices. 

Compliance Officers, upon completion of an inspection, will note on the Data 

Entry Form the date of inspection. The form is then submitted to the Data 

Management Specialist who enters the date of inspection, the name of the facility, 

and other identifiers. 

As delineated on the form, all subsequent actions are noted by date as to their 

occurrence by the Compliance Officer, with a subsequent computer entry 

performed by data management staff. The written form is kept on file in each 

• Compliance Officer's desk file as the case continues. 

The Data Management Specialist, in conjunction with compliance staff will use 

information obtained from the Data Entry Form and other inspection and record 

review information, to oversee the logging and transmittal of CMEL and SPAR 

information to Region X. The Data Management Specialist will coordinate· all 

enforcement tracking and report preparation for the hazardous waste program. 

The compliance formulas in the manual: "National Criteria for a Quality 

Hazardous Waste Management Program Under RCRA," JUly 1986, will be used to 

compile and prepare summary reports on levels of compliance within the 

• Program Description 

Page 56 
0 

regulated community. This information is essential in planning future inspection 

activities. 

In addition to compliance tracking, the Data Management Specialist will oversee
 

responses to outside agency requests for summary reports and other specific
 

information concerning hazardous waste activities within the State which must be
 

developed on an individual basis.
 

10. Permitting Program 

a. Permit Application Review/Decision-Making
 

Permit application submittal and procedural requirements are found in 40 CFR,
 

Parts 270 and 124. The equivalent State requirements are found in IDAPA §§
 

16.01.5012, and 01.5013 et seq., respectively. Idaho Code § 39-4409(1) and
 

(2) gives the IDHW authority to issue permits for all treatment, storage, and o

disposal facilities, and makes it illegal to continue these practices without a 

permit. IDAPA §§ 16.01.5356 et seq. allows for permit variances, but the 

program will not issue variances which are inconsistent or deemed less 

stringent than the EPA program. New hazardous waste facilities and existing 

facilities with interim status will be required to obtain final Part 8 State Permits 

if an EPA permit has not been issued prior to the date the State receives its 

permitting authority. The national and State criteria for issuing permits has 

established the following schedule in order of descending priority: 

Program Description 

Page 57 o 
• 

on-site or off-site facilities which treat, store, or dispose of hazardous 

waste; 

incineration facilities; 

facilities which require closure and/or post-closure due to contamination of, 

soils and/or ground or surface water. 

• 

For any new commercial oft-site treatment, storage, or disposal facility, an onsite disposal facility or for an expansion of an existing facility of the above type 

(pre-July 1, 1985), a siting license must be obtained by the owner/operator 

from the Department pursuant to Idaho Code, §§ 39-5801 et seq., the "State 

Hazardous Waste Facility Siting Act" (See Appendices). This is a law enacted 

in 1985 and implemented in 1987 to address issues not normally considered in 

the Part B application and review process required by IDAPA §§ 16.01.5012 et 

seq. 

By creation of a siting review panel comprised of State agency, institutional, 

private industry, and local public-at-Iarge individuals, a preliminary application 

from a prospective permittee will be reviewed pursuant to the Siting Act forthe 

following impacts on: 

local units of government; 

cultural, historic, and recreational values; 

, water, air, and wildlife quality; 

public health and safety; 

• Program Description 

Page 58 
transportation; and, 

an evaluation performed on measures to mitigate any adverse affects. o 

In order to obtain and maintain program primacy from EPA, the State must not" 

unreasonably restrict, impede, or operate a ban on the free movement across 

the state border of hazardous wastes from or to other states. The following 

discussion reviews the impact of the Siting Act as it relates to this EPA 

requirement. ' 

The Facility Siting Act does not violate this authorization requirement for 

several reasons. First, the Act does not impose any restriction at the State 

border on the movement of hazardous waste into or out of Idaho which could 

be treated, stored, or disposed by a commercial facility. Second, the Act does 

not discriminate against commercial hazardous waste facilities because the Act o 

expressly applies to certain "on-site" disposal whether commercial or not (Idaho 

Code § 39-5808). Finally, the Act applies equally to commercial and certain 

"on-site disposal" facilities whether or not they accept hazardous wastes from 

outside Idaho. Thus, the Siting Act does not unreasonable -restrict, impede, or 

ban the movement of hazardous waste at Idaho's border. 

Additionally, no state program can obtain and maintain authorization from EPA 

if any aspect of state law or the state program which has no basis in human 

health or environmental protection acts as a prohibition on the treatment, 

Program Description 

Page 59 o 
storage, or disposal of hazardous waste in the state. The Siting Act was 

•	 intended by the Idaho Legislature "to allow the development of safe alternative 

methods for the treatment of hazardous waste disposal facilities" (Idaho Code § 

39-5802(2)). Indeed the Act is based upon these very concerns for "public" 

health and environmental protection" as required by EPA, and is not intended 

as a prohibition upon the disposal of hazardous waste within Idaho. 

• 

The Siting Act contains only one direct prohibition for persons who actually 

treat, store, or dispose of hazardous waste: "No person may construct or 

expand a commercial hazardous waste facility or certain on-site disposal 

facilities which require an HWMA permit without a siting license" (Idaho Code § 

39-5808). The bulk of the Act establishes procedures for a "planning 

committee" to develop a Hazardous Waste Facility Siting Plan which governs 

siting decisions statewide, and for local "site review panels" to advise the 

Director of IDHW regarding public concerns toward individual licensing 

decisions (Idaho Code § 39-5814(9)). The Director makes a final licensing 

decision which mayor may not follow the advice of the local panel. The 

Director's decision to issue a license will be based upon the facility's 

demonstration that it can comply with the technical criteria and not substantially 

impact or can mitigate impacts upon scenic historic, cultural and recreational 

values; transportation risks; local health, safety, costs and consistency with 

local planning and existing development; and general public health and 

environmental protection (Idaho Code § 39-5815(11)). 

• Program Description 

Page 60 
i- Thus, nothing in the Siting Act directly prohibits treatment, storage, or disposal 

of hazardous waste within Idaho. Rather, the Siting Act is first a means of 

coordinating hazardous waste facility siting in Idaho through a comprehensive , 

plan; and second a means of involving the publlc and local government directly 

affected by siting decisions as opposed to HWMA permitting decisions. The 

Hazardous Waste Facility Siting Act is, therefore, not inconsistent with the 

federal RCRA program. 

The siting license application can be submitted as a preliminary document by 

the applicant or simultaneously with the Part B application in order to facilitate 

a joint review by the IDHW and the siting panel. 

-

A permit must be obtained for all of the above types of facilities or they will not 

be allowed to operate. The permit will be written by a HMB Compliance 

Section Permit Officer. The permit will specify the conditions under which the 

facility may operate. Each permit is unique to the particular facility and the 

type(s) of hazardous waste management unit(s) expected to be in operation. 

Pursuant to Idaho Code § 39-4409(2), both "Interim Status" (temporary 

operating authority) granted by the Federal RCRA program, and final Part B 

permits issued by the EPA prior to the date that the State program is 

authorized by the EPA Administrator, shall be adopted by the IDHW as a state­

-

Program Description 

Page 61 
c 

granted interim status or as a state permit until the IDHW issues a new permit 

or terminates interim status for cause. 

Prior to State authorization, regulatory or HSWA statutory permit requirements. 

which are not written permit conditions shall be enforced only by EPA until the 

State adopts specific statutory or regulatory authorities. The State program will 

note violations of these EPA requirements and transmit this information to EPA 

for further action. 

All HSWA statutory or regulatory requirements, (and/or permit modifications) 

that become effective after July 8, 1988, shall be enforced by EPA until such 

time as the State adopts these regulations and is authorized by EPA to enforce 

them. However, non-HSWA permit regulations issued by EPA after State 

authorization shall not be enforceable by the State or EPA until made effective o 

as State regulations. 

All EPA regulations (HSWA or non-HSWA) which become effective between 

July 8th, 1988 and the date of State authorization will continue to be enforced 

by EPA until such time that the State adopts these regulations and is 

authorized by EPA to enforce them. 

Permit holders who were issued EPA or joint EPNState permits prior to State 

authorization shall be informed in writing by IDHW that their permits will be 

Program Description 

Page 62 o 
• 

reissued as State-only permits and may be modified to conform with updated 

regulatory or statutory changes. This process will consist of a cover letter and 

a new permit title page denoting the State of Idaho, Department of Health and 

Welfare, as the permit issuer and the TSDF as the permittee. If updated.­

statutory or regulatory changes will require the submission of an updated Part 

B application or other relevant information, the decision making procedures of 

IDAPA § 16.01.5013, shall be used to modify and reissue, suspend or 

terminate the permit. 

• 

Pursuant to Idaho Code § 39-4409(5), permits issued by the State after July 1, 

1986 shall require corrective action for "on-site" or "off-site" releases of 

hazardous waste or hazardous waste constituents from any type of solid waste 

management unit at a facility seeking a permit, regardless of when wastes 

were placed into the unit. 

Pursuant to IDAPA § 16.01.5012.05, all State or EPA issued permits for 

hazardous waste landfill disposal' facilities shall be reviewed by IDHW five (5) 

years after permit issuance or reissuance, and modified as necessary. All 

permits shall be effective for a fixed term not to exceed ten (10) years. 

Pursuant to' Idaho Code § 39-4409(4), all State or EPA issued permits for 

hazardous waste facilities other than landfills may be reviewed by IDHW at 

least every five (5) years and modified as necessary to incorporate changes in 

• Program Description 

Page 63 
the HWMA or regulations promulgated thereunder or improvements in 

. technology. o 

Upon receipt of a HWMAIRCRA Part B permit application, it is logged in by the" 

Permit Supervisor using a Status of Permit and Closure Activities Report 

(SPAR). This is completed within five (5) working days of receipt of the 

application. At this point, the permit is temporarily assigned to a permit officer 

to develop a facility summary which addresses the waste characteristics, 

regulatory history of the facility (if applicable), waste management units, 

potential for release and/or exposure, facility setting and general human health 

and environmental concerns. These forms may be used to prioritize permit 

assignments. This facility summary enables the permit supervisor to determine 

if the facility requires a facility site license according to the Idaho Hazardous 

Waste Facility Siting Act of 1985. This final determination must be done within 

fifteen (15) days of the permit receipt. 

When the determination is made that a facility does or does not require a site 

license, a completion review will be performed by the Permit Officer temporarily 

assigned to the permit. If the application is for a new facility, an adequacy 

determination will be completed and the owner/operator notified within thirty 

(30) days of issuance of a facility site license. If the facility is an existing 

facility, the adequacy determination will be completed within sixty (60) days of 

receipt of the Part B application. 

Program Description 

Page 64 o 

--.---- J 
• Under normal circumstances, Part B applications for major storage and 

treatment facilities will be processed and a determination made by the Director 

within eighteen (18) months of receipt of the application. This eighteen-month' 

period will entail approximately 0.6 FTE or 133 days of a Permit Officer's time 

while processing the permit. This estimate does not take into account 

abnormally complicated treatment systems requiring additional time and/or 

technical expertise. 

Processing Part B applications for incinerators may take an average of twentyfour (24) months to process including trial burns, although extenuating 

circumstances provided by the owner/operator, IDHW, or EPA may unavoidably 

• extend this process. Evaluating a trial burn will require additional training of 

present staff and/or technical assistance by EPA personnel and potentially the 

assistance of technical contractors well-versed in applicable trial burn 

procedures and standards. Should a test burn prove unsuccessful and further 

burns determined applicable in particular instances, the time period may be 

extended considerably. The facility may be shut down for a period of months 

or even years retrofitting the process line with new and/or unique designs. 

During periods :such as these permit officers will be assigned additional 

permits. 

• Program Description 

Page 65 
New land disposal permit applications such as Envirosafe Services site are not 

- expected to be received in the near future. Should the State receive a Part B o 

application for a new landfill, it is expected to take a minimum of thirty (30)
 

months to permit. Should the facility include ancillary processes' associated
 

with most landfills, such as storage and treatment, the expected process time
 

will increase proportionately.
 

The Permit Officer, in conjunction with the Permit Supervisor and Manager, will
 

tentatively decide whether to prepare a draft permit or deny the application. If
 

a draft permit is prepared, it will include:
 

permit conditions;
 

compliance schedules;
 

monitoring requirements and frequencies;
 

reporting requirements;
 

inspection frequencies;
 

\ waste analysis requirements;
 

" standards for treatment, storaqe, and/or disposal;
 

. corrective action requirements, if necessary.
 

These requirements will be based on the Permit Officer's technical analysis and 

conformity to prescribed permitting procedures, and will be documented to show 

how they meet the intent and letter of the regulations regarding level of 

protection, control, containment, and/or cleanup. Permit Officers will use EPA 

Program Description 

Page 66 o 
model permits for guidance with permit conditions clearly presented so as to be 

• understandable to the applicant. 

If the application is to be denied, a Notice of Intent to Deny will be issued. This" 

is a formal procedure which follows the same requirements as described for a 

draft permit. 

All draft permits, including those related to modification, revocation and 

reissuance, and termination will be addressed in conformance with IDAPA § 

16.01.5013.01. Draft permits will be prefaced by a fact sheet giving public notice 

and made available for public comment. The fact sheet will contain the principal 

facts and all significant factual, legal, methodological and policy questions 

•
 considered in preparing the draft permit. Pursuant to Idaho Code § 39.4413(2),
 

the Director may temporarily suspend an operating permit as an enforcement tool 

to correct violations of the terms and conditions of the permit, the HWMA, or 

regulations promulgated thereunder. 

The Director will give a Notice of Opportunity for a Public Hearing, give Notice of 

a Final Permit Decision, and respond to public comments. Notice of a Public 

Hearing will be given to local newspapers, radio stations, and interested parties at 

least 45-days before the hearing. 

• Program Description 

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0 

The draft permit and full administrative record will be displayed at local libraries 

and/or DEQ field offices close to the facility for public review. Public comment 

will be accepted for at least 45 days after the Notice is issued. All comments will 

be considered in making the final decision on the application. A "Response to· 

Comments" document will be prepared and made available to the public. If any 

information submitted during the public comment period raises substantial new 

questions which would require the preparation of a new or significantly revised 

draft permit. public notice of this revised permit shall be given and a 30 day 

public comment period shall be enacted. 

A Notice of Final Decision will be issued after the close of the public comment 

period(s). The Final decision will become effective thirty (30) days after the 

Notice of Decision is served. Appeals may be made within thirty (30) days after 

the final permit decision is issued. All permits will be issued for a period currently o 

not exceeding ten (to) years. The length of time allotted for consideration and a 

decision to issue or deny a permit will be within the following periods. except 

when conditions beyond the control of the HMB cause the period to be extended: 

18-months for major storage and treatment facilities;
 

24-months for incinerators (including trial burns);
 

3D-months for land disposal facilities.
 

Program Description 

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b. Permit Modification, Suspension, Revocation and Reissuance, and Termination 

•	 State hazardous waste management permits may be modified, suspended, 

revoked and reissued, or terminated at the request of any interested person or 

upon the Director's initiative. Under EPA regulations which the State has" 

adopted, the definition of "revocation" means an action to arrest a permit pending 

its reissuance. Under the HWMA, the term revocation means to completely 

terminate a permit. Until the HWMA is amended to include permitting definitions. 

equivalent to the State/EPA rules, "revocation" shall mean "termination," and 

"suspension" shall mean "that period of time while the permit is arrested pending 

reissuance, or the Permittee is addressing compliance schedule actions or other 

enforcement requirements." 

• Actions listed above may occur pursuant to the same considerations as those 

listed under 40 CFR 270.41 and 270.43 (IDAPA § 16.01.5013,04). All requests 

must be in writing and contain facts or reasons to support the request. If the 

request is determined to be unjustified, the requestor will be sent a written 

response giving the reason{s) for the decision. 

For a permit modification, a draft perm!t incorporating the proposed changes will 

be prepared by an assigned Permit Officer. Only those permit conditions to be 

modified will be considered when a new draft permit is prepared. All other 

aspects of the existing permit will remain in effect for the duration of the 

unmodified permit. .Procedures for this modified draft permit are the same as 

• Program Description 

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f
 
0 

those described in IDAPA § 16.01.5013,01 for an initial draft permit. Minor 

modifications as defined in 40 CFR 270.42 (IDAPA § 16.01.5012,04) will not be 

subject to these requirements. 

A facility permit may be suspended or revoked (terminated) if the permitted party 

fails to comply with the terms and conditions of the permit, the HWMA, or rules, 

regulations, and standards promulgated thereunder. 

Permit suspensions and revocations (terminations) are administrative actions 

which can be taken against violators and which are parallel to Notices of Violation 

and Consent Orders, which are also administrative actions. Revocation 

(termination) or suspension of a permit will become final 15 days after delivery of 

the Notice of Intent to Suspend or revoke (terminate) unless the permitted party 

requests a hearing. A public hearing will be held within a reasonable time period 

pursuant to IDAPA §§ 67-5209 et seq., under the Administrative Procedure Act. 

If the Director decides to suspend a permit which is pending reissuance, the 

submission of an updated or new psrrnlt application may be required. The 

updated or new application will be handled as if the permit had legally expired 

and was being reissued. The permittee must comply with all conditions of the 

existing permit which are not suspended until a new permit is issued or until the 

suspension is lifted. A draft permit will be prepared and processed in the same 

way as a draft permit for a new application. If it is tentatively decided to revoke 

Program Description 

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• 

(terminate) a permit. a Notice of Intent to Revoke will be issued. This Notice is a 

formal procedure which follows the same requirements as described for a draft 

permit in IDAPA § 16.01.5013,01. Final IDHW permit decisions are appealable to 

the appropriate Idaho district court pursuant to Idaho Code § 67-5215 after" 

exhaustion of available administrative hearings. Any final judgment or decree 

rendered by a district court as to such permit decision is appealable to the Idaho 

Supreme Court pursuant to Rule 11 of the Idaho Appellate Rules and Idaho Code 

§ 67-5216. 

• 

c. Multi Year Permitting Strategy 

Projected permit activities as delineated in Table D are based upon current Permit 

Officer staffing (three) and a possible increase of two Officers in FY 90. -INEL, 

Envirosafe. and the Morrison-Knudsen permits are the focus of immediate 

attention by permit staff. These permit applications have undergone extensive 

State review for the implementation of permit conditions and hydrogeological 

characterization. These are the first permits addressed by the state program and 

are likely to be issued as joint EPAlState permits. 

Permit activities associated with the INEL federal facility are ot a unique nature 

due to the vast number of hazardous waste "active" and "inactive" sites to be 

addressed. Many solid waste management units at this site and known land 

disposal units which may have received hazardous wastes in past years 

("inactive") will require extensive characterization in order to define permit 

• Program Description 

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conditions. These studies will take several years to complete. The State has 

assigned a Permit Writer for the INEL application review and site characterization o 

analysis in order to fulfill the State's role in this complex and lengthy permit 

activity. The HMB Hydrogeologist will also spend much time reviewing· 

groundwater activities at INEL such as aquifer characterization in order to develop 

the State perspective in addressing long range permit issuance and inspection 

activities at this site. As the total number of potentially regulated sites at the 

INEL has not yet been finalized, the permitting aspect of the program will change 

as conditions warrant. By use of an Interagency Agreement, the EPA and the 

State will address this complex site assessment and resource intensive aspect of 

the program. 

d. Facility Management Plans 

Criteria used to set priorities at sites which will receive permits are addressed in 

the following descending order: 

1. Closure/post-closure	 care involving corrective action - to avoid further or
 

extended endangerment to the public or" the environment, IDHW will pursue
 

remediation and final closure/post closure of a facility if the RCRA Facility
 

Assessment (RFA) determines the need for corrective action.
 

Program Description 

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c 
2. Groundwater monitoring - flexibility will be incorporated in priority setting due to 

•	 the proximity of groundwater and the availability of contaminant to reach the 

groundwater. 

3. Land disposal closure/post closure	 - this activity will be given a high priority 

rating to eliminate potential hazards to the public and the environment. 

4. Storage or treatment facilities operating with interim status - these facilities will 

have their Part B applications called in when the workload of the above-listed 

permits allows State action in conjunction with the EPA national permitting 

deadlines. 

• 5. New facilities or modification to existing facilities - these facilities will undergo 

review under the criteria. of the State Hazardous Waste Facility Siting Act, 

which is a State-only requirement preliminary to the Part B application process. 

Facility Management Plans will be drawn up if a license is issued by the 

Director using the Hazardous Waste Facility Siting Act. 

The strategy of the FMP also incorporates the permitting process with past and 

present enforcement of a facility. This allows the Permit Officer access to 

information valuable in providing an appropriate degree of enforcement action. 

A FMP should be simple, flexible, current, and- detailed. It should contain a 

schedule for each anticipated action with a date for final determination. When 

• Program Description 

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C 

completed, a FMP should provide a long-term schedule of events to address 

all environmental concerns associated with hazardous waste permit activities of 

that site. 

e. Interim Status and Permitted Facilities Narrative 

Omark Industries, Lewiston 

This storage facility is engaged in the manufacture of small-arms ammunition. 

Wastes, consisting of sludge from wastewater treatment of plant effluents, 

contains high concentrations of lead and chrome, which are derived from metal 

cleaning and plating processes. An in-ground coated concrete tank receives the 

dewatered sludge where it is accumulated until annual removal to an out-of-state 

landfill. This facility has received a Part B Permit. 

Hewlett-Packard Company, Boise
 

This generation and storage facility generates various solvents and a metal-laden
 

wastewater treatment sludge from fabrication of computer hardware. Both
 . chlorinated/non-chlorinated solvents and inorganic waste sludges are recycled and
 

landfilled, respectively, out-of-state. This facility has received a Part B Permit. .
 

Envirosafe Services of Idaho, Inc. (ESII), Grand View Site B
 

This facility stores and disposes (landfill) of hazardous wastes received from off­


site generators in Idaho and other states. It also disposes of PCB and
 

associated wastes from spills and decommissioning of transformers and other
 

Program Description 

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"-- -­ ---, 

c 
electrical equipment. The facility is seeking a Part B Permit while it operates in 

•	 an interim status mode. The Part B Permit Application was submitted in 

December of 1983. A decision to issue or deny the final permit is anticipated 

after public hearings in the summer of 1988. The Part B permit is scheduled for .. 

issuance by November of 1988 in accordance with the National EPA Permitting 

Strategy if a decision to. issue is approved by the State and EPA. 

• 

ESII, Site A. Bruneau 

This storage and disposal facility ceased receipt of hazardous waste in 1983. 

Wastes were disposed of in abandoned missile silos. In 1983 the site was 

operating under interim status permit authority, which it will continue to do until 

final closure of the facility is addressed via the Part B permit process. Final 

closure will insure adequate monitoring of groundwater, the funding of financial 

assurances mechanisms to provide for post-closure care, and other requirements 

to complete closure and maintain long-term site care. The Part B permit 

application has begun with the submission of proposed groundwater monitoring 

characterization and other technical evaluation documents. 

Pressure Treated Timber Company, Boise 

This facility closed a surface impoundment in 1985 that contained 

pentachlorophenol wastewater treatment sludge generated from the facility's wood 

treatment process. The impoundment was closed via interim status requirements. 

Additional sampling of other contaminated areas on-site will possibly lead to soil 

• Program Description 

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0 

removal and/or capping and continued groundwater monitoring via a Part B 

permit closure process. 

Mountain Home Air Force Base, Mountain Home
 

This facility receives and stores used and unusable hazardous materials from on­


site and off-site local military activities prior to being sent off-site for disposal or
 

recycling. The storage area is currently operating under interim status.
 

Safety Kleen Corporation, Pocatello
 

This storage facility stores spent solvents from degreasing and other solvent use
 

activities collected from small and large businesses in Eastern Idaho and local
 

border areas. Liquids in above-ground bulk tanks and individual drums are stored
 

until returned to company recycling plants out-of-state. This facility is operating
 

under an interim status approval. A Part B permit application has not been
 o

received nor called-in by the State/EPA.
 

Safety Kleen Corporation, Boise
 

Same permit status as the Safety Kleen Corporation in Pocatello.
 

Safety Kleen Corporation, Boise (proposed facility)
 

A State Hazardous Waste Facility Siting Act Ucense application and Part B
 

application have been received for this proposed facility. It will replace the
 

existing Boise facility if the permit is issued.
 

Program Descrlptlon 

Page 76 o 
•	 Idaho National Engineering Laboratory (INELl, Idaho Falls 

This vast Federal government (Department of Energy) complex (900 square 

miles) is used for various nuclear and non-nuclear processes and experimental . 

activities. Numerous solvents, metal-laden liquids and other regulated 

hazardous wastes are generated by the multitude of individual generator sites 

located within the facility boundaries and presently stored under interim status 

requirements. Radioactive and hazardous waste mixtures (RMW-Radioactive 

mixed wastes) are also to be addressed by the final Part 8 Permit. The Part 8 

Application has been received by the EPA and the State and is presently 

undergoing review. Storage, treatment, and disposal via incineration are the 

types of activities that the facility has proposed in the Permit Application. 

• Utah Power and Light (UP&l), Idaho Falls 

This facility has received a Part 8 permit for continuing cleanup and re-injection 

of treated groundwater that was contaminated from long-term tank leakage of 

creosote. The creosote was used to treat wooden power line poles. A carbon 

absorption waste treatment system is presently operating to remove creosote 

chemical derivatives from the groundwater before it is reinjected into the local 

aquifer. 

• Program Description 

Page 77 
Morrison Knudsen Boise Industrial Complex (BIC), Boise 

This facility has submitted a Part B Application for closure (drainfield area o 

capping), monitoring (groundwater) and possible corrective action (groundwater 

treatment) for past disposal of halogenated solvents into an on-site drainfield. An' 

extensive well drilling and sampling program is underway to determine which 

aquifers underlying the site are contaminated and the extent of movement of any 

contaminated plume. 

f.	 Permit Review Activities 

The Department has provided extensive review of the following permitted and 

interim status facility permit applications. 

1. Envirosafe Services of Idaho, Inc. - Site A 

2. Envirosafe Services of Idaho, Inc. - Site B o 

3. Morrison-Knudsen Company 

4. Hewlett Packard Company 

5. Pressure Treated Timber Company 

6. Omark Industries; Inc. 

7. Safety-Kleen, New Boise Facility (pending)' 

8. Idaho National Engineering Laboratory 

1. ESII-Site A:	 Although permit activity for this site has not been as intense as
 

for Site B due to owner/operator intent, to close the site, HMB staff have'
 

participated in many pre- and post-application reviews and decisions with
 

Program Description 

Page 78	 o 
• 

subsequent comments to the owner/operator and EPA. these activities have 

included Closure/Post-Closure Plan review, site characterization, determination 

of inadequate financial assurance for post-closure care, soil sampling results 

analysis: assistance in drafting the Facility Management Plan, and numerous ,­

inspections and reports. 

• 

2. ESII-Site B: Since the' receipt of this Part B application (December 1983), 

several staff members have participated in the review of the application and 

have made numerous requests and changes to the draft permit and other 

proposed site plans in conjunction with and separately from EPA Region 10 

where warranted. Specifically, these analyses have focused on environmental 

impact statements, groundwater monitoring data, monitoring well sealing, 

contingency planning (both on-site and off-site), waste analysis plans, off-site 

soil sampling, trench covering, liner sealing, and public participation in 

preparing community relations meetings/hearings to receive draft permit public 

comment. 

3. Morrison-Knudsen:	 The HMB has the lead role in the drafting of this permit 

although it will be issued as a joint EPNState permit if issued before State 

program authorization. Reviews and decisions made by HMB include: 

analysis of M-K aquifer Characterization Plan, public participation discussions 

with interested environmental advocacy groups and health agencies, review 

and comment to owners/operators on Drainfield Closure Plan, recommendation 

• Program Description 

Page 79 
for additional monitoring well installation, Notice of Deficiency and warning letter 

to correct Part B application, review of disposal trench sampling and Remedial o 

Action Plan, request to sample off-site local wells, analysis and transmittal of 

deficiencies to owner/operator regarding closure of drainfield, preparation and, 

publication of Public Notice, issuance of approval to close under interim status, 

issuance of Warning Letter and Notice of Deficiency for failure to submit 

additional groundwater characterization, Warning Letter and Notice of 

Deficiency for post-closure, financial assurance requirement, and review and 

granting of time extension request to complete drainfield closure cap. 

4. Hewlett Packard:	 HMB reviewed the original permit application and submitted 

comments to EPA for incorporation into the final permit prior to issuance. 

Presently, a major modification involving five changes is under review by HMB. 

HMB is also developing the public notice and will complete the permit changes. o

5. Pressure Treated Timber:	 HMB staff performed a review of the original Part 

B application and submitted comments to EPA Region 10. The Part B permit 

for closure of the facility surface impoundment was, however, not issued by 

EPA but continued so other areas of soil contamination and possible 

groundwater problems could be addressed in subsequent permitting activities. 

With additional hydrogeological review by. the staff Hydrogeologist, and an 

elevated priority by the State, much activity has occurred within the HMB to 

review sampling, soil characterization, and groundwater monitoring plans. HMB 

Program Description 

Page 80	 o 
has developed applicable public notification releases and has answered public 

•	 comments. HMB will issue notice to the facility to provide corrective action 

alternatives for contaminated soil areas as part of the post-closure permit. 

HMB also conducted the initial in-depth site sampling program which defined. 

those areas needing corrective action in the final permit. 

7. Omark:	 The original facility permit application was reviewed by HMB staff with 

comments submitted to EPA for incorporation in the final permit. A compliance 

inspection with the owner has developed questions which may require another 

major modification. A Hazardous Waste Permit Officer is presently considering 

the potential permitting issues which may need to be addressed. 

• 8. Safety-Kleen ((New) Boise): A Part B application and a Hazardous Waste 

Facility Siting Act license application have been received by the HMB. A site 

license was issued by the State after the site license review panel evaluated 

the proposed facility with technical assistance provided by the HMB. The Part 

B application is being reviewed by an assigned permit writer and a 

completeness review is under way. 

9. Idaho National Engineering Laboratory: Organization of this project is being 

conducted by a Hazardous Waste Permit Officer. Permits tentatively include 

three incinerator permits; two storage permits, closure of up to 352 solid waste 

management units and closure of up to 30 land disposal units. Hydrogeologic 

• Program Description 

Page 81 
characterization and groundwater monitoring system design and data are being 

reviewed by the Bureau's Hydrogeologist. Prior review was conducted by G 

several Hazardous Waste Compliance Officers. Present activities involve 

review and comment to INEL contractors on their preparation of RCRA taclllty 

investigations for two waste management units at the INEL. Due to the 

complexity of permitting activity at this location, a full-time permit writer has 

been assigned to address the State's commitment to this facility. 

The combined experience of all Senior Hazardous Waste Compliance Officers, 

Permit Officers, and the staff Hydrogeologist in reviewing all past and pending 

permit applications and subsequent documents is approximately seventy-one (71) 

man-months as of November 1, 1988. 

I. Implementation of HSWA Amendments 

·1.	 Land Disposal Ban Restrictions Program
 

The State program has adopted the EPA November 1986 land disposal ban
 

regulations in their entirety in order that it may be "substantially equivalent" to the
 

Federal requirements. These rules identify spent solvent wastes,and the criteria
 

to be used to either allow land disposal or to require alternative treatment of the
 

solvents prior to disposal. A second set of EPA land disposal restricted wastes,
 

the so-called "California List," was adopted by the Legislature in July of 1986. In
 

July 1987, EPA adopted its own revised "California List" with less stringent
 

Program Description 

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c 
requirements than the Idaho statute. On June 10, 1988, the State adopted the 

•	 finalized EPA regulations for the "California List." The State statute will take 

precedence, however, as portions of the law are more stringent. 

• 

Since EPA has not delegated any of its land disposal ban variance or exemption 

authorities to the State, the State may only provide assistance to EPA in 

determining whether accurate information is being presented to EPA by those 

restricted waste handlers seeking an EPA variance or exemption. However, the 

State can exercise its own statutory variance procedure in accordance with.Idaho 

Code § 39-4423(2). This variance may be granted when application of the 

requirements is determined to cause undue hardship, and granting of the variance 

would not be harmful to the public interest, nor inconsistent with RCRA 

requirements. 

The State intends to adopt all EPA-promulgated land disposal ban regulations, 

and to use EPA guidance in order to implement the program. The program will 

incorporate the inspection manual: Land Disposal Restriction Rules for Solvents 

as its own operating procedure (see Appendices). 

The State will address the land disposal restrictions program with the primary 

focus placed on activities at the Envirosafe land disposal facility located in 

Southwest Idaho. This facility is currently inspected by program staff on an 

average of 20-hours per week. Compliance staff are trained in use of the EPA 

• Program Description 

Page 83 
land disposal ban guidance, and specific inspection checklists are used to guide 

the Compliance staff in assessing disposal facility and generator compliance with 

the Land Disposal Ban regulations. 

Land disposal ban enforcement activities directed at Idaho generators will be 

negotiated annually with EPA in accord with the RIP as part of the SEA process. 

Most of the small and large quantity generators ship their restricted solvent 

wastes to out-of-state recyclinglincineration facilities. The current emphasis of the 

generator inspection program is to educate owner/operators as to what constitutes 

a restricted waste stream and/or if they might be temporarily exempt. Spot 

inspections will be conducted at potentially restricted waste generators to_address 

proper characterization of waste streams, and for compliance with off-site 

treatment or disposal requirements. 

2. Hazardous Waste as Fuel Program 

Efforts to identify and inspect those entities SUbject to hazardous waste fuel 

burning regulations will be conducted in FY 89. In concert with the EPA 

furnished list of burners,the HMB will inspect 5% of these identified handlers in 

FY 89 to assess regulation compliance. An effort to identify generator sources of 

waste solvents which are declared as waste fuels and locations of thermal 

recovery devices to determine if they qualify as industrial boilers or furnaces will 

be undertaken in this regard. Non-notifiers will be addressed in the same manner 

as other non-notifiers, through complaint response, public education, etc. It is not 

Program Description
 

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0
 

c
 

o
 

- - - - 1 
anticipated that this aspect of the hazardous waste as fuel program will require 

• additional resources beyond those scheduled for FY 89. 

3. Waste Oil as Fuel Program 

Waste oil generation, collection, and subsequent energy recovery, recycling and 

disposal activities will require increased characterization due to the large number 

of generator facilities which generate and utilize waste oil for space heating, road 

oiling, and other uses. It is encouraging that there are several collection firms in 

the State which service waste oil generator facilities that have developed separate 

waste oil and hazardous waste (usually solvents) collection systems to avoid 

intentlonal cross-contamination of the used oil which would possibly regulate the 

oil as a hazardous waste. 

• Waste oils which are not used for dust suppression, in on-site space heaters, 

disposed of in local municipal landfills or by "backyard" dumping is collected by 

major waste oil companies and sent out-of-state for various uses. In Southwest 

Idaho, one firm exclusively hauls waste oil to a cement manufacturing plant in 

Oregon which uses the waste oil to fire its rotary kiln. Monthly quantities on the 

order of 400,000 gallons are routinely collected in this part of the State for this 

specific use. Other parts of the State have not yet been fully characterized to 

assess the level of collection and eventual end uses. Further characterization will 

take place in FY 89. No additional resources are anticipated to perform this task. 

• Program Description 

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0 

. 4. Small Quantity Generator Program 

This sector of the regulated community will be addressed by existing and 

projected staff. The Compliance Manager/Supervisor will randomly select SQG 

facilities from the list of notifiers based upon geographic region and type ot 

generator. Waste solvent generators such as engine repair and autobody shops, 

corrosive and heavy metal waste generators in vehicle repair and electroplating, 

and spent solvent filter generators (large industrial dry cleaners) will be the focus 

of the SaG program in the near future. Current estimates place the potential 

number of SaGs below 500, including those who have already notified EPA of 

their activity. Small quantity generators non-notifiers will be addressed in the 

same manner as other non-notifiers, through complaint response, public 

education, etc. 

The State will manage the SaG program in accordance with EPA guidance and o

will stress the importance of conducting "outreach" programs to inform SaGs of 

regulatory requirements. The State will also conduct inspections of SaGs as 

agreed-upon by EPA and the State and stipulated in the annual grant work 

program. The State will distribute informational booklets to all SaGs which 

request it, and at all State-sponsored workshops. Workshops will be conducted 

by Hazardous Materials Information Specialists with the assistance of technical 

staff or by contractors. The extent and number of these workshops will be 

negotiated in the annual grant work program. The strategy for implementing 

inspection and compliance activities for small quantity generators is contained in 

Program Description 

Page 86 o 
the "EPA Implementation Strategy for Small Quantity Generators of ·100-1,000 

•	 kg/mo" (April 1986), which shall be adopted as program gUidance to address the 

SQG program. 

5. Dioxin Waste Management Strategy 

Dioxin contaminated hazardous waste subject to regulation by the State program 

appear to fall into only one known category. This category is EPA hazardous 

• 

.waste code F027: "Discarded unused formulations containing tri-, tetra-, or 

pentachlorophenol or discarded unused formulations containing compounds 

derived from these chlorophenols." Although there are several pesticide 

formulation plants in the State which may handle the dilution (formulation) and 

repackaging of concentrated trl-, tetra-, or penta chlorophenol compounds, the 

possible Dioxin-containing "listed" waste streams as listed by EPA do not appear 

to exist in the State because there are no manufacturing processes where these 

chemicals are manufactured or introduced into a manufacturing or production 

process. Wastes from the further dilution (formulation) of these previously 

manufactured or produced solids or liquids may, however, contain Dioxin, and 

.would be subject to the Dioxin land ban restriction. 

Unused, discarded formulations containing the above-listed reactants, chemical 

intermediates, or components are usually in the from of pesticide products. The 

characterization and regulation of these specific waste materials presents no 

special problem for the State regulatory program as these intended-for-disposal 

unused products will be addressed by use of the EPA Dioxin regulations and 

•	 Program Description 

Page 87 
inspection checklists which were adopted by the State on June 10, 1988. No 

additional resources are being requested to address these specific wastes given o 

the above discussion. The Dioxin Waste Management Strategy shall be 

incorporated into the State program via State and EPA regional priorities in the 

annual SEA Agreement. 

6. Corrective Action Program 

Corrective action is a program designed to evaluate the nature and extent of the 

release of hazardous wastes or hazardous constituents to the environment at 

hazardous waste management facilities and to developlimplement appropriate 

.corrective	 measures. Idaho Code § 39-4409(5) specifies that corrective action
 

shall be taken by an owner/operator of any TSD facility seeking a permit for all
 

releases from any solid waste management units regardless of the time the waste
 o 

was placed in such unit. Permits issued or scheduled to be issued will require
 

corrective action as part of the permit if necessary.
 

The state's approach to corrective action is developed from existing EPA
 

corrective action plan guidance and from Region 10's scheme of corrective action
 

implementation.
 

In' concert with established multi-year permit commitments, RCRA Facility
 

Assessments will be conducted of all facilities requiring a RCRA permit. As a
 

result of the RFA, a determination will be made whether further action is
 

necessary. Should further action be necessary, the three phases of a corrective
 

o
 

Program Description
 

Page 88
 
action plan will be developed and designed to identify action the facility 

• owner/operator will take. The three phases are as follows: 

1. RCRA Facility Investigation (RFI) - to evaluate thoroughly the nature and extent 

of the release of hazardous waste and hazardous constituents and to g~ther·

necessary data to support the corrective measures study. 

2. Corrective	 Measures Study (CMS) - to develop and evaluate corrective 

measure alternative(s) and to recommend the final corrective measure(s). 

3. Corrective	 Measures Implementation (CMI) - to design, construct, operate, 

maintain, and monitor the performance of the corrective measure(s) selected. 

• .The scope of work in the corrective action plan will be based on site-specific 

situations and, as much as possible, will stress an expeditious time frame for 

completion. If necessary, interim corrective measures will be implemented to halt 

and/or control the spread of contamination or continued release of contaminants. 

It is the state's intention to have RCRA facility investigations and actual cleanup 

activities in progress prior to the. issuance of RCRA permits. Schedules of 

compliance for corrective action will be a permit condition that reflect specific 

performance standards'to be met including QNQC procedures. 

The state will prioritize corrective action according to EPA's facility ranking system 

as follows: 

•	 Program Description 

Page 89 

{ -" 
1. Evidence of release and significant threat (actual or potential) to human health 

and or the .environment. ,0

2. Evidence of potential release, but additional information needed to confirm. 

3. No release detected, but additional information needed to confirm. 

4. Evidence of release, but not considered significant. 

5. Demonstration of no release. 

The state will also make use of EPA guidance manuals: 

1. Corrective	 Action, the Use of RCRA and State Authorities to Perform 

Corrective Measures at Hazardous Waste Facilities. 

2. RCRA Corrective Action Plan, OSWER 9902-3. 

3. RCRA Corrective Action Interim Measures Guidance, OSWER 9902-4. 

'4. OWPE-RCRA Corrective Action Handbook. o 

In addition to the existing 3.5 FTE's allocated to permitting activities, the state will 

be adding an additional permit writer to the Compliance Section of the Hazardous 

Materials Bureau. The additional position will allow the state to focus on priority 

facilities requiring ,corrective action implementation. In addition, Compliance staff 

may be utilized if priorities dictate a shift in resources. 

Training of staff in corrective action development will include attending courses 

offered by EPA and in-house Bureau training', Up-coming courses to be attended 

include EPA's RCRA and Section 3008H Corrective Action Case Development, 

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I. RCRA Facilities Investigation Guidance Training, and Subpart S Corrective Action 

Training. 

The state believes the appropriate approach to corrective action is to pursue 

prompt cleanup well in advance of the permitting process to minimize the need 

for permit modifications and to maximize permit writing resources. Establishing 

specific, measurable commitments for cleanup will also llmlt the need for 

enforcement activity. The state recognizes the need for capable/competent staff 

to implement a quality corrective action program and is committed to providing 

staff the opportunity and resources to attend corrective action training courses 

and workshops. 

• J. Radioactive Mixed Waste Management 

EPA has determined that a "listed" or "characteristic" hazardous waste mixed witha radioactive waste is to be regulated as a RCRA waste. Based upon the 

information supplied by the Radiation Program located within the HMB, the State 

has determined that the overwhelming majority of waste .generated in this 

category will occur at the Idaho National Engineering Laboratory (INEL) near 

. Idaho Falls. The radiation program staff have been, and will continue to be, 

cross-trained in this area, and will notify the RCRA compliance staff of any 

suspected generation of mixed wastes. 

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The INEL generates a broad spectrum of "characteristic" wastes contaminated 

with low level radioactive waste in the many diverse nuclear research and G 

defense projects at this facility. Radioactive components may consist of 

radioactive tracers from research and calibration activities and protective clothing. 

worn by workers involved in nuclear projects, fuel rod stripping and maintenance 

of these and other associated systems.. 

Current practice involves above-ground storage until ultimate disposal at facilities 

located in other states. Some mixed wastes are currently being incinerated at the 

Waste Experimental Reduction Facility (WERF), with the ash transferred off-site 

(out of state) for ultimate disposal. 

The main thrust of the State program will thus be concentrated on RMW at the 

INEL facility. INEL generated waste will probably remain on-site in storage or 

disposed of in a hybrid type of unit incorporating joint EPA and Department of 

Energy disposal critsrla. The State Permit Writer currently assigned to the INEL 

facility will also focus on the RMW issue as it relates to interpretation of future 

regulations at INEL and any other generator producing RMW waste in the State. 

Other potential sources of RMW include testing laboratories and large medical 

treatment centers. 

K. Underground Injection Control 

The overall regulatory program for underground injection control (Ule) is managed 

by the Idaho Department of Water Resources (IDWR). This agency is separate 

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from the IDHW, with its own Director, statutes, and regulations. The following 

•	 discussion demonstrates that a State UIC program administered by IDWR, in 

conjunction with an IDWRlIDHW Memorandum of Agreement, effectively regulates 

underground injection of hazardous wastes as stringently as RCRA. 

Idaho Code	 § 42-3902A: "Prohibition of Injection of Hazardous Wastes and of 

Radioactive Wastes," states: 

"Construction of an injection well to be used for injection of hazardous 

wastes or of radioactive wastes into or above a drinking water source 

is prohibited. Injection of hazardous wastes or of radioactive wastes 

through an existing injection well into or above a drinking water 

source is prohibited." 

• Rule 3, 2, 2. of the IOWR rules reinforces this statutory prohibition with 

substantially identical regulatory language. The IDWR definition of hazardous 

waste, Rule 2, 22. states that "Hazardous waste are identified pursuant to the 

criteria set forth in Title 40, Part 261 of the Code of Federal Regulation." Thus, 

all RCRA "listed" or "characteristic" wastes are prohibited from injection into or 

above a drinking water source. 

Class I injection wells, wells used to inject hazardous waste beneath the 

lowermost formation containing a drinking water source, are not authorized for 

construction, permitting, or use pursuant to Rule 3, 2, 1. of the IOWR regulations. 

Thus, all types of injection wells which could be used for injection of hazardous 

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0 

wastes, radioactive wastes or mixed radioactive and hazardous wastes (RMW), 

into above or beneath a drinking water source are prohibited or not authorized by 

IDWR statute or rule. 

As the main thrust of the IDWR UIC program is to protect drinking water sources, 

the statutory and regulatory provisions specified above only discuss the prohibition 

of hazardous waste injection into, above, or below a drinking water source. The 

following discussion serves to clarify this issue and demonstrate that all sources 

of water are protected. 

Rule 13,1. (paraphrased) - Under the authorities of Section 1805, Title 42, Idaho 

Code, the IDWR Director may exempt an aquifer or portion thereof from a 

drinking water source designation if it is not currently a source, and it will not be 

used as a source in the future because: 1) it is situated at such a depth or o 

location that recovery for drinking water is economically or technologically 

impractical; 2) it is so contaminated that it would be economically or 

technologically impractical to render the water fit for human consumption; or, 3) 

the total dissolved solid content of the groundwater is greater than 3,000 mgll and 

it is not reasonably expected to supply a public water system, However, the 

Director shall not provide an exemption without first considering the 

recommendations of the IDHW Director and providing the opportunity for a factfinding hearing. 

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• 

All aquifers or groundwater systems in Idaho are likely to fit within the definition 

of "drinking water source" according to IDWR, but the exemption provision 

specified above is available for injection of non-hazardous wastes where 

conditions are favorable, and the application to and approval by IDWR is' 

completed. 

I. 

State regulations do not include the adoption of 40 CFR, Part 265, Subpart R., 

interim status standards for underground injection. Subpart R excludes closure, 

post-closure, and financial requirements for any approved facility. However, in a 

RCRA-approved State program which does not have a UIC program, all the other 

standards of Part 265 are applicable. The state UIC program is administered by 

IDWRand no UIC facility is approved by IDWR or IDHW for hazardous waste 

UIC injection. Thus, both conditions are met which allow IDHW to enforce Part 1 

-I 

265 regulations against any person conducting UIC activities. 

Civil and criminal penalties. Idaho Code § 42-3917 states: 

"Any person who constructs, operates, maintains, converts, plugs, 

abandons, or conducts any other activity in a manner that results or may 

result in the unauthorized injection of a hazardous waste or of a 

radioactive waste through an injection well shall be in violation of § 42­

3902A, Idaho Code, and subject to a civil penalty not to exceed two 

thousand and five hundred dollars ($2,500) for each day in which such 

action occurs. The Director of IDWR shall have the authority to file an 

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action in the appropriate district court to impose, assess, and recover said 

civil penalties. o 

Idaho Code § 42-2919 states: 

"Any person who willfully constructs, operates, maintains, converts, 

plugs, abandons, or conducts "any other activity in a manner that 

results or may result in the injection of a hazardous waste or of a 

radioactive waste through an injection well in violation of Title 42, § 

3902A, or any person who violates any Cease and Desist Order after 

the same has been served on that person is guilty of a misdemeanor 

and: 

1. may be sentenced to jail for a period not to exceed six (6) months; 

2. may be	 fined in an amount not to exceed five thousand dollars 

($5,OOO) for each offense; and, o 

3. each day of violation shall constitute a separate offense. 

In addition, Idaho Code § 39-4408(1) prohibits treatment, storage, discharge, 

incineration, release, spillage, placement," or disposal of hazardous waste in 

such a manner that the" waste or any constituent thereof, may enter the 

environment, unless the IDHW has issued said person a permit or variance for 

the specific activity. Underground injection of hazardous wastes or any 

constituents thereof without IDHW approval would be a violation of Idaho Code 

§ 39-4408(1). 

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Page 96
 
Any person who violates this provision of the HWMA is liable for a "civil 

•	 penalty not to exceed ten thousand dollars ($10,000) for each separate 

violation or for each day of a continuing violation," and any person who 

"knowingly" violates this provision of the HWMA "shall be guilty of a. 

misdemeanor and subject to a fine of not more than ten thousand dollars 

($10,000) or to imprisonment not to exceed on (1) year, or both for each 

separate violation or for each day of a continuing violation." Idaho Code §§ 

39-4414(1)(b) and 44-15(2). 

• 

Pursuant to the IDHW/IDWR Memorandum of Agreement, and the above 

discussion, IDHW feels that adequate authorities exist to effectively administer 

violations of either the IDWR Waste Disposal Well Injection Act or the 

Hazardous Waste management Act and regulations promulgated thereunder. 

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