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 projectdeveloped 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 hasoccurred 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 11987 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 

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Program Description Page 2as 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 

### anyactivity 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 3A. 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 wastedischarge occurs duringtransportation. Part 263 also contains requirements for rail and water shipments of hazardous waste. Regulations in IDAPA §§ 16.01.5007 et seq.contain these equivalentregulations.
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, andfinancial 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 permitapplication requirements are found in 

### 40'CFR, Part 

### 270. The Stateequivalents 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. Stateequivalents 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 

### otapproximately 50 employees, are situated in geographically distinct regions: Coeur d'Alene in the Panhandle of North Idaho; Lewiston in North Central Idaho; Pocatello in theSoutheast; 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 functionsassociated with solid waste, vector control, radiation control, Superfund and the hazardous waste program. 

# o ProgramDescription Page 6

# • • DEPARTMENT OF H.THANDWELFARE 

# i State Board 01

# 1 GOVERNOR U

....llh

.. W ..If

.... (Cecil D. Andrus) I I I I I I '. I I DIRECTOR OInel of thl Ohrero,



# . 

# IH Bureau of InformationServlcee -

### ..............

### -- Informltlon Oillee, (Richard P.Donovan) spee. Altt to IheOlr, 011I" 01legllSorvle

.. 

### I 

## 1 DEPUTY DEPUTY DIRECTOR DIRECTOR

....

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

## I 

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# I DIVISION OF DIVISION OF DIVISION OF COUtlCIL DIVISION OF DIVISION OF DIVISION OF VETERANS ENVIRONMENTAL MANAGEMENT COMMUNITY LIAISON HEALTH WELFARE SERVICES QUALITY SERVICES REHABILITATION Kennelh D. Brooksl (Richerd H.Schultz) Garv Bermeosolol (GaIY Broker) (llnde Caballero) (Jerrv L. Harris' 

# I Bureau 01 SlaleService HBureau ofHazardous

# I H. Centerlor Health

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# IHSocialServices 

# IH Regional Program Operation.

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# HYouth Servlcel

# .\Y LocalOHlce 

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# 1Y Veterana Home Domesllc Violence Cenler Servlcn Delivery MenIal Hellth Welar Quality Medical Allialence FacilityStandarda 

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# y H Gove,nor's 

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# IH Buraau 01 Commission on Child Support

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# I Emergency Personnel Services North Air Quality Alcohol/Druo Abuse Medical Services Enforcement 

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# H Olllce of Bureau of Response South Audit Laboralorles Commission 

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# I Bureau of Preventlva Medicine Opportunity Office School andHospital

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### ver1.1 

# IIdahoDEQ•

# HazardousMaterialsBureaul 04/25/89


### BUREAUCHIEF Koshuta**COMPL~NCEMANAGER** 

### POLICY&

### STANDARDS Monson 

### MANAGER Nielsen 

### MANAGER 

# - HWREMEDIALACTIVITIES Moeller 

# H ComplianceSupervisor TSDs Hill ComplianceSupervisor

# J .GENERATORS Lund . 

# W Radiati?n Physicist ) Supervisor Raneiri Policy &Standards**S~erfund** - BunkerHif ---l reject Surervisor Supervisor Hart Goode Superfund Supervisor**~El** Technical 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 directsthe Hazardous Waste Permit Qfficers, Hazardous Waste Compliance Officers and Hazardous Materials Specialists

### thatdeal with the variousgenerators around the state. The Radiation Physicist Supervisor directs and coordinates the daily activities of the Senior Radiation Physicists that implement the Bureau'sradiation program. 

# • Program Description Page 7**--~ ---~.-** **~-** -------------**--------~_._--**


## HazardousMaterialsBureau 

# Oi72S2s§ Policy&

## StandardsSection

POLICY

### & 

# srosMANAGER Moeller

.- ". ReceptionistiTypistI Danckas I 

# • Superfund**Su~ervisor** )* (New) acant

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Grants/Contracts (PNSI) Officer Davis Custer I Grants/Contracts BLMCompo

Officer Grandjcan Officer Vacant '""""'

* InfoSpecial. 

# 1-Records Managerl* 

# - BLM/CA (New) (New) Vacant Vacant TechTypist

# I Fry (Mine Waste) 

# * NewPositionsTo EstablishI Fill IRecords Managerl I Adams

( Policy&StdsSupervisor Hart ,HMInfo Spec. Student Intern

# I

. Lesser VectorControl specl Hayes 

# -I HM InfoSpec. StudentIntern

# I Boylan .. HM Regulatory Analyst Jewell 

# H**Pro~** Analyst (SE TA) Sewert TechTypist 

# 1* Solid Waste Analystl Jankowski , Prog Analyst

# 1* (RITIAf Data Management Spec.



# - Seals 

# -t Prog Analyst

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# • • • HazardousMaterialsBureau ComplianceSection

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Hazardouswaste PermitOfficer Rupert Hazardouswaste PermitOfficer Vacant**tfaza~dous** Waste PermitOfficer Vacant**Hazar~ous** w8f"e Complance icer 

### - Meitl HazardousWaste

- Student Intern Loerch**tiaza~dous** Waste PermitOfficer(New) '-- Vacant 

### COMPLIANCEMANAGER Monson
\TeChniCalTypIstI ITechnicalTypist

# I Dibben 

### I 

## I Livengood ComplianceSupervisor GENERATORS Lund
HazardousWaste I-- ComplianceOfficer Lyon**'tazar~pus W5~13** **om~"ance** icer I-­ oberts**Hazar~ous Wd~te**  Complance rcer I-- Vacant**~azar~ous** Materials peciatst V '"­ acant I Radiation Physicist Supervisor

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### - Raneiri

Sr.RadiationPhysicist Mays Sr.RadiationPhysicist Vacant RadiationPhysicist (New) Vacant ver 1.1 04/26/89

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### ver1.0 

# HazardousMaterialsBureau 04/26/89 

## RemedialActivitiesSection



# H Hydrogeologist

# j Lane Geochemist Hansen 

# H I 

# y Superfund ProjectOff./

. Nygard 

### HWREMEDIALACTIVITIES MANAGER Nielsen**Su~er:tund** - BunkerHill reject Surervlsor 

# 4 Goode HWC0"lelianceOffice1

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### I 

# I 

# I Secretary. Office Wylie INELTechnical 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 RegulatoryAnalystis 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 whethermining 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 RCRAprogram.

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 

# cSpecialists 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 10C. Staff Job Descriptions 

# o Hazardous MaterialsCompliance 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 andtechnical 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 cHazardous WasteCompliance 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 12Materials Information Specialists who may arrange for public meetings and press 

# o releases.
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 

# o detection systems for regulated facilities; provides functional guidance to facilities and staff engaged in monitoring activities; analyzes data and developsgroundwater
, monitoring modeling systems, as necessary; identifies contamination sources and recommends corrective actions; develop and recommends cleanup and treatment measures for solid or hazardouswaste disposal sites; provides expert testimony in legal proceedings; and develops and presents training programs for staff andothers in groundwater assessment and monitoring systems.

Program Description Page 13 

# o

# • SoilScientist/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 inthe design and evaluation of Remedial Investigations and Remedial Action Plans, plan andcoordinate special studies to investigate and remediate soil chemistryaspects of hazardous contaminants, provide technical oversight to HMB contractors, and provide technical oversight of HMB activities in the field and of HMBdocuments and publications. 

# • INELTechnical Supervisor The INELTechnical 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 14sources, 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 Stateconcerning radioactive materials spills, and as such is in close contact with the Idaho National Engineering Laboratory, the Nuclear RegulatoryCommission, 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. 

# o Hazardous Materials Policy and Standards Manager 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 

# oand 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 generalpublic.

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 andworkshops on general hazardous waste issues. These positions are responsible for carrying out the activities of the Idaho Hazardous Waste ManagementPlan.
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 reportpreparation 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 18computerized 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 andtechnical 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 informationdissemination 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 StandardsSupervisor, a full RCRA position.

D.ProjectedStaffing 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 RCRAcompliance and/orpermitting with
an emphasis oncorrection 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 20managing 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 hrsl8 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 22associated with past disposal practices and the desire to limit the amount of hazardous waste beinggenerated. 

# 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 AttorneyGeneral'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 nonscheduledappropriations of program funds. The HazardousWaste 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 StateAuditor. The HWEA has been used for a total of $17,000 to providefora 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 readilyavailable, 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 25supervisors, chemists, and HMB program personnel directing facility sampling and inspection activities. 

# o

The State lab can perform most of the analyses necessary to pinpointwhether" 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 laboratorycapability, 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 seekinglegislative 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 disposalfacilities. In FY 88, $1,134,000 was collected. Almost thirty percent of the program operating budget is funded by this account.

4.ContractMechanisms 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 27Manager 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 beobtained. 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 29Agreement 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 BusinessManager, 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 152a

. 

### * * 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-site 

### . 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, IdahoFalls 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 subsequentcompilation 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 finaloperating, 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: 

# o A.First time (new)notifiers/notifications 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 formwithin 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 10guidelines. iii)Contact the Notifier via telephone for resolution of discrepancies on the form. iv) Enter data from the Notification form onto the HMB Notification DatabaseSystem. 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 £QQYwas 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 andprocessing 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 34i) Generate the EPA Acknowledgement Forms 8700-12B from 

# o HWDMS. 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 36vii) 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 enterthe 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-upprocessing.
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 followingprocedures: i) Obtain a complete, signed notification form. ii) Send copy to EPA Region 10. iii) Record 1.0. number on original notification form. 

# o iv) Receiveacknowledgement form from EPA. v) Transmitacknowledgement 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 compuanceSection. 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 

# oapplication 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 workloadassignments

.

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 Stateprogram. The Manifest Form and guidance are found in theAppendices.

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 inspectionsperformed 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 

# oinitiallydenied, 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 andviolations 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 Page 42

# 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 theviolation(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 WasteTransportation 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 

# otypes and quantities of hazardous waste. These rules are to be consistent with
• those of the United States Department ofTransportation (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.

FurtherState 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 possibleenforcement.

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 deemednecessary.

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 

# opriority 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 penaltyassessment.


# • Civil enforcement actions will consist of Warning Letters (WL), Notices of Violation (NOV), or Consent Orders (CO). A Warning Letter or a Notice ofViolation 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 DEQAdministrator, determines that a significantviolation 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 46the 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 mutuallyagreed-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 

# o conference within 15 days of receipt of the NOV, the Director maycommence and 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, andTermination."

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 determinedsemi-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 48covered 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 hasoccurred.

7.CriminalEnforcement 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 

### otthe 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 statutoryprovision which may be 

# o of significant and immediate threat to the public or the environment, the IDHW may 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. WasteStream 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 publichealth 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 50the 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 agencydetermination. 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/EPAWorkplan, 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 delistingpetitions 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

ca. Public andConfidential 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 IdahoAdministrative 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 

# o Department acted without a reasonable basis in fact or law.
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 programauthorization, the State program will assume the receipt, processing, and preparation of the biennial report. This report is used by State
Program Description Page 53 

# oand 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 madeavailable 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 December31 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 wastevolume,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 54report 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 May31 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 otheridentifiers.

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 ManagementProgram 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. PermitApplication Review/Decision-Making Permitapplication submittal and procedural requirements are found in 40 CFR, Parts 270 and 124. The equivalent State requirements arefound in IDAPA 

### §§ 16.01.5012, and 01.5013 et seq., respectively. Idaho Code 

### § 39-4409(1) and 

# o (2) gives the IDHW authority to issue permits for all treatment, storage, and 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 descendingpriority:

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 newcommercial 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" (SeeAppendices). 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 58transportation; and,
an evaluation performed on measures to mitigate any adverse affects. 

# o

In order to obtain and maintain program primacy from EPA, the State mustnot" 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 againstcommercial hazardous waste facilitiesbecause the Act 

# o expressly applies to certain "on-site" disposal whethercommercial 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'sborder.
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 

# ostorage, 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 prohibitstreatment, 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 asopposed 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 EPAAdministrator, 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 statutorypermit requirements. which are not written permit conditions shall be enforced only by EPA until the State adopts specific statutory or regulatory authorities. The Stateprogram 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 madeeffective 

# 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 authorizedby 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 63the HWMA or regulations promulgated thereunder or improvements in

.technology. 

# o

Upon receipt of a HWMAIRCRA Part B permitapplication, it is logged in bythe" 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 donewithin 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 Officertemporarily 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 technicalexpertise.
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 65New 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 

# omodel 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 madeavailable for publiccomment. 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, radiostations, and interested parties at least45-days before the hearing. 

# • Program Description Page 67

# 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 Page 68 

# ob. PermitModification, Suspension, Revocation and Reissuance, andTermination
• 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 Page 69


## 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 standardspromulgated thereunder.
Permit suspensions and revocations (terminations) are administrative actions which can be taken against violators and which are parallel to Notices ofViolation 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 psrrnltapplication 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 Page 70 

# o

# • (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 areappealable 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 IdahoAppellate 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 Page 71conditions. 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 notyetbeenfinalized, 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 Page 72 

# o 

# c2.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. Newfacilities 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-onlyrequirement 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.

Thestrategy 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 Page 73

# C completed, a FMP should provide a long-term schedule of events to address all environmental concernsassociated with hazardous waste permitactivities of that site.

e. Interim Status and PermittedFacilities 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 Page 74 

# o

"-- -­

## ---, 

# celectrical 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 Page 75

# 0 removal and/or capping and continued groundwater monitoring via a Part B permit closureprocess.

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 interimstatus.
SafetyKleen 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 inabove-ground bulk tanks and individual drums are stored until returned to company recycling plants out-of-state. This facility is operating 

# o under an interim status approval. A Part B permit application has not been received nor called-in by the State/EPA.
Safety Kleen Corporation, Boise Same permit status as the Safety Kleen Corporation in Pocatello.
SafetyKleen 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 mixedwastes) 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 ofactivities that the facility has proposed in the PermitApplication

. 

# • 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 77Morrison 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 wherewarranted. 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 79for additional monitoring well installation, Notice of Deficiency andwarning 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 interimstatus, 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. 

# o HMB is also developing the public notice and will complete the permitchanges.

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 

# ohas 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 areasneeding 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 majormodification. A Hazardous Waste Permit Officer is presentlyconsidering the potential permitting issues which may need to be addressed. 

# • 8.Safety-Kleen ((New) Boise): A Part B application and a Hazardous Waste FacilitySiting 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 incineratorpermits; 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 81characterization 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 thisfacility.

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 approximatelyseventy-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 "substantiallyequivalent" 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 Page 82 

# o crequirements 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 (seeAppendices).

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 83land disposal ban guidance, and specific inspection checklists are used to guide the Compliance staff in assessing disposal facility and generatorcompliance 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 SEAprocess. Most of the small and large quantity generators ship their restricted solvent wastes to out-of-state recyclinglincineration facilities. The currentemphasis of the generatorinspection program is to educateowner/operators as to whatconstitutes
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 effortto identifygenerator 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, publiceducation, etc. It is not
Program Description Page 84 

# 0



# c



# o

- - - - 1anticipated that this aspect of the hazardous waste as fuel program will require
• additional resources beyond thosescheduled 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 generatorfacilities 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 majorwaste 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 usesthe 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. Furthercharacterization will take place in FY 89. No additionalresources are anticipated to perform this task. 

# • Program Description Page 85

# 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 autobodyshops, 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. 

# o The State will manage the SaG program in accordance with EPAguidance and 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 

# othe "EPA Implementation Strategy for Small Quantity Generators of ·100-1,000
• kg/mo" (April 1986), which shall be adopted as program gUidance to addressthe SQGprogram.

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 87inspection checklists which were adopted by the State on June 10, 1988. No additional resources are being requested to address these specificwastes 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 SEAAgreement.

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 thewaste 

# 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 88action plan will be developed and designed to identify action the facility
• owner/operatorwill 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 correctivemeasure(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/orcontrol the spread ofcontamination 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 accordingto EPA's facility ranking system
asfollows: 

# • Program Description Page 89

{ -"1. Evidence of release and significant threat (actual or potential) to human health 

# ,0 and or the .environment. 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 Bureautraining', Up-coming courses to be attended include EPA's RCRA and Section 3008H Corrective Action Case Development,

Program Description Page 90

# 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 andworkshops

.



### J. Radioactive Mixed Waste Management 

# •

EPA has determined that a "listed" or "characteristic" hazardous waste mixedwitha 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. 

# • Program Description Page 91The 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 

# 01 Program Description Page 92from 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 IDWRlIDHWMemorandum 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
Program Description 

# • Page 93

# 0 wastes, radioactive wastes or mixed radioactive and hazardous wastes (RMW), into above or beneath a drinking water source are prohibited or notauthorized by IDWR statute or rule.
As the main thrust of the IDWR UIC program is to protect drinking watersources, the statutory and regulatory provisions specified above only discuss the prohibition of hazardous waste injection into, above, or below a drinking watersource. 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.


# o Program Description Page 94

# • 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 standardsfor underground injection. Subpart R excludes closure, post-closure, and financial requirements for any approved facility. However, in a RCRA-approved Stateprogram 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 andcriminal 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 

# • Program Description Page 95action 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).

Program Description Page 96Any 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 regulationspromulgated thereunder.



# • Program Description Page 97