HAZARDOUS WASTE

LOG OF UPDATES TO MANUAL (

~llSGO%~mG ~~~~~~~ _

Title 1 Chapter 5 ,Rule and Standards of the Department of Health and Welfare

(

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11::' b<D'(gI<E2E·~NtiEii: \??\ ........-.....•.•

·rFIFEI<3~:]f£liEJ- ·1:',':':1 ::::;:::::::::::::: ;.:.;.;.:.;:::::;::=;:.;.:.:•....'.:..

0105-8400 01/01/85

0105-8601 01/01/87

0105-8701 11/01/87

0105-8702R 06/10/88

0105-8702a 06/10/88

0105-8801corr. 06/15/88

0105-8802 01/01/89

0105-8803 09/22/89

0105-9001 03/06/91

0105-9101 12/31/91

0105-9102 03/1 1/92

0105-9202(e) 02/15/93 - 06/14/93

0105-9201 03/01/93

0105-9301corr. 03/24/93

0105-9302(f) 02/1 1/94

0105-9302(c) 06/01/94

•.

0105-9401 04/26/95

0105-9501 03/16/96

0105-9502T 04/15/96T

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PJS:ls\rules\Jog\updates.mn1
.:~;:

DEQ Rules Update

Page 2

March 26, 1996

IDAPA 16.01.0S, Rules and Standards for Hazardous Waste.

1. Fill in Log of Updates as follows:

Docket Number: 16-010S-9501

Effective Date: 3/16/96

Bulletin Date/Volume: S/1/96--96-S

Date Inserted: (date you inserted update)

Docket Number: 16-010S-9502T

Effective Date: 4/1S/96T

Bulletin Date/Volume: 4/3/96--96-4

Date Inserted: (date you inserted update)

2. Immediately behind Log of Updates, remove and insert as

follows:

•

•

Remove

all pages behind

Log of Updates

(Break - Next Chapter)

Insert

Attached notices

and new rule chapter
•

•

•

IDAPA 16 - DEPARTMENT OF HEALTH AND WEL?~2!

DOC~ET NOS. 16-0101-9601,~105-9~ 16-0107-9402, 16-0110-9601

NOTICE OF LEGISLATIVE APPROVAL OF RUL!S

SU3,JECT:

-Rules fe= the Control of Air Pollution in Idaho, Cecket No. 16-

0101-9601

-R~les and Standards for Hazardous Waste, Decket Ne. 16-0105-9501

-Rules fo= Const=uction and Ope=ation of Swirr~ing Peels, Docket No.

16-0107-9':':)2

-!~vi=onllie~~al Audit Protection Rules, Docket No. :~-J110-g601

AC~~ORITY: The De?artment of Heal~h and Welfa=e here:~ incor?orates

by refere~ce, as the authority fer each rule docket lis~ed in this

no~ice, t~e authority provisions previously publis~ei in the Idaho

Ad=inistra~ive Bulletin as cited in the Desc=iptive 5~=illary below.

DE5CRIPTr:! SUM!·Lil.RY: The· Idaho Legislature revie'.·,a= the subject

rale doc~e~s durine the 1996 Reaular Sessi6n o~ the Idaho

Lecislatu=e. The f~llowing is a s~mrnary of rule=a~:ng activity

resultin~ f=om the legislative reviey:

Rules for ~he Control of Air Pollution in Idaho, Deeket No. 16-

0101-9601. Notice is hereby given that the te~pora=y rule adopted

by the Boar= of Health and Welfare under DocKe~ No. 16-0101-9601 in

November 1995, and published in the Idaho Adrninistra::ive Bulletin,

Volume 96-!-, January 3, 1996, pages 118-159, has 'l::ee;: approved by

t~e Idaho Legislature under Sena~e Concurrent Resolu::ion No. 142 in

accordance with section 67-5226, Idaho Code.

Ru'os and Standa~ds for Hazardous Wast;. DQc~;t Nc, ~7-Q1Q;_o5Qi.

No~ice is iereby given that the rule adopted l::y the 3eard of Health

and Welfare under DOCKet No. 16-0105-9501 in Nove==er 1995, and

published in the Idaho Po.drninistrative Bulletin, iiolume 96-1,

January 3, 1996, pages 161-165, has been appr c ved cy the Idaho

Lesislatu=e in accordance with Section 67-522~, Ida~= Code, and is

fi~al and effective as of March 16, 1996.

Ru~es for Construction and Operation of Swimwlng Peels, Docket No.

16-0107-9':'J2. Notice is hereby given that the rule adopted by the

Board of Health and Welfare under Docket No. 15-0107-9402 in

Novembe= 1995, and published in the Idaho Administra::ive Bulletin,

Volume 96-1, January 3, 1996, pages 166-167, ,has l::ae;: approved by

the Idaho Legislature in accordance with Section 67-5224, Idaho

Code, and is final and effective as of March 16, 19~6.

Env i r'onmerrt a L Audit Protection Rules, Docket No. 16-0110-9601.

Nc~ice is tereby given that the temporary rule adop~=d by the Board

of Health and Welfare under Docket No. 16-0101-960l in November

1995, and pUblished in the Idaho Administrative E~lletin, Volume

96-1, Jan~ary c3, 1996, pages 168-176, has been app r oved by the

Idaho Les:slature under Senate Concurrent Resolut::~ No. 142 in
accordance with section 67-5226, Idaho Code.

•

ASSISTANCE ON TECHNICAL QUESTIONS: For

questions conceznLnq this pub Li.cat.Lori ,

(208) 373-0418.

DATED this 1st day of May, 1996.

Paula Junae Saul

Environmental Quality Section

Attorney Gene!:al's Office

1410 N. Hilton

Boise, Idaho 83706-1255

assistan=e on technical

contact Paula Saul at
IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE

16.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE

DOCKET NO. 16-0105-9502

NOTICE OF PENDING AND TEMPORARY RULE

EFFECTIVE DATE: The temporary rule is effective April 15, 1996.

The pending "rule becomes final and effective on July 1, 1997 unless

the rule is approved, rejected, amended or modified by concurrent

resolution in accordance with Sections 67~5224 and 67-5291, Idaho

Code. I f the pending rule is approved, amended or modified by

concurrent resolution, the rule becomes final and effective upon

adoption of the concurrent resolution or upon the date specified in

the concurrent resolution.

AUTHORITY: In compliance

Code, notice is hereby

pending/temporary rule.

4401 et seq. and 39-5801

with Sections 67-5224 and 67-5226, Idaho

given that this agency has adopted a

The action is authorized by Sections 39-

et seq., Idaho Code.

•

DESCRIPTIVE SUMMARY: The following is a concise explanatory

statement of the reasons for adopting the pending/tesporary rule

and a statement of any change between the text of the proposed rule

and the text of the pending/temporary rule with an explanation of

the reasons for any change .

The Rules and Standards for Hazardous Waste are updated aflnually to

maintain consistency with the Environmental Protection Agency's

(EPA) regulations as directed by the Idaho Hazardous Waste

Management Ac~. This rulenaking is the annual update to make Idaho

rules consistent with revisions to federal hazardous waste

regulations promulgated up to July 1, 1995. This proposed

rulemaking also amends the Rules and Standards for Hazardous Waste

to clarify which federal terms should be replaced with state terms.

The initial proposal incorporated by reference the federal

hazardous waste regulation that imposed additional controls for

organic emissions from tanks and containers (40 CFR 26~ SUbpart cc

and 40 CFR 265 Subpart CC). EPA has postponed the effective date

of this regulation and will be making further changes to the

regulation. Upon recommendation from EPA, the Department of Health

and Welfa~e has withdrawn this regulation from the proposal before

adopting the rule as pending and temporary. Idaho can maintain

primacy and postpone adoption of this regulation until next year

once EPA has finalized its regulations.

IDAPA 16.01.05 sections 003, 004, 007, 010, 011, 013, 015, 016,

355, and 997 have been adopted as initially proposed in the Idaho

Administrative Bulletin, Volume 95-11, November 1, 1995, pp. 25

through 31 and, therefore," have not been republished with this

Notice.
IDAPA 16.01.05 Sections 002,006,008,009, and 012 have

modified in accordance with 'Idaho Code Section 67-5227

therefore, have been republished with this Notice.

been

and,

revisions

has been

•

•

IDAPA 16.01.05.005 has been amended to include the

adopted under Docket No. 16-0105-9501 and, therefore,

re~ublished with this Notice.

The Idaho Department of Health and Welfare, Division of

Environmental Quality I s rulemaking record is maintained at the

Division of Environmental Quality, 1410 N. Hilton, Boise, Idaho

83706. The Rulemaking and Public Comment Summary, which contains

a complete consideration of the issues raised by the pUblic, is

included in the rUlemaking record.

TEMPORARY RULE JUSTIFICATION: Pursuant to Section 67-5226(1) (b),

Idaho Code, the Governor has found that temporary adoption of the

rule is appropriate in that the rule complies with deadlines in

amendments to federal programs.

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical

questions concerning this rule, contact John Brueck at (208)373-

0502.

DATED this 3rd day of April, 1996 .

Paula Junae Saul

Environmental Quality Section

Attorney General's Office

1410 N. Hilton

Boise, Idaho 83706-1255
(4-••

TABLE OF CONTENTS

IDAPA 16

TITLE 01

Chapter 05

RULES AND STANDARDS FOR HAZARDOUS WASTE

. . • . . • • • • 6

INCORPORATION BY REFE~ENCE OF FEDERAL REGULATIONS 1

STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

• . • . • . • . . • . .. ...•..• 7

STANDARDS FOR OWNERS .AND OPERATORS OF HFo.ZARDOUS WASTE

TREATMENT, STORAGE AND DISPOSAL FACILITIES 7 .

1

3

• 3

· 2

. . . . 1

LEGAL Fo.UTHORITY

IDENTIFICATION AND LISTING OF HAZARDOUS' WASTE

DEFINITIONS

HAZARDOUS WASTE MANAGEMENT SYSTEM

TITLE

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

INTERI.!'-! STATUS STAND.'\RDS FOR OWNERS AND OPERATORS OF

HAZFo~DOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES

7

000.

DOL

002.

003.

004.

005.

'006.

007.

•• 008.

009.

STANDARDS FOR THE ~~AGB~ENT OF SPECIFIC HAZARDOUS WASTES

AND SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES . 7

PROCEDLKES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA

OR H\~~ PERMIT APPLICATIONS) . . . . . . . . . . . . . 8

STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

STANDARDS FOR THE MANAGEMENT OF USED OIL .

9

· 8

· 8

· 7

· 8

· 9

. . 9

..

(RESERVED)

LAND DISPOSAL RESTRIC~IONS . .

HAZARDOUS WASTE FACILITY SITING LICENSE FEE

HAZARDOUS WASTE PERMIT PROGRAM .

,INTERIM STATUS SURFACE IMPOUNDMENTS

354.

010.

OIL

012.

013.

014.

015.

016.

017. \. 355.
356. VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES 10

• 357. 499. (RESERVED) · · · · · · · · · · · 11

500. ROUTING OF HAZARDOUS WASTE SHIPMENTS 11·

SOl. 799. (RESERVED) · · · · · · · · · · · · · · 12

800. INSPECTION PLAN FREQUENCY LEVELS · · · · · · 12

80l. 849. (RESERVED) · · · · · · 12

850. ILLEGAL ACTIONS · · · · · · 12

85l. 899. (RESERVED) . . · · · · · · · · 13

900. EXPENDITURES FRGr1 HAZARDOUS WASTE EMERGENCY ACCOUNTS

. . . . . . · · · · · · · · · · · 13

90l. 995. (RESERVED) . . · · · · · · · · · · 13

996. ADMINISTRATIVE PROVISIONS · · · 13

997. CONFIDENTIALITY OF RECORDS · · · · · · · 13

998. INCLUSIVE GENDER AND NUMBER 14 (e 999. SEVERABILITY . . · · · · · · · 14
•

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IDAPA 16

TITLE 01

Chap-ter 05

RULES AND STANDARDS FOR.HAZARDOUS WASTE

000. LEGAL AUTHORITY. These rules are adopted pursuant to the

authority vested in the Board of Health and Welfare by the

Hazardous Waste Management Act of 1983 (HWMA) , sections 39-4401 et

seq., Idaho Code, and the authority vested in the Director of the

Department of Health and Welfare by the Hazardous Waste Facility

Siting Act of 1985, Sections 39-5801 et seq., Idaho Code. (3-1-93)

001. TITLE. These rules shall be known as Idaho Department of

Health . and Welfare Rules, Title 01, Chapter 05, "Rules and

Standards for Hazardous Waste. 11 (2-11-94)

002. INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS. Any

reference in these rules to requirements, procedures, or specific

forms contained in the Code of Federal Regulations (CFR) , Title 40,

Parts 124, 260-266, 268, 270, 273, and 279 shall constitute the

full adoption by reference of that part and Subparts as they appear

in 40 CFR, revised as of July 1, 1995, Lnc Lud i nq any notes and

appendices therein, unless expressly provided gtherwise in these

rules. (4-15-96)T

01. Exceptions. Nothing in 40 CFR Parts 260 - 266, 268,

270, 279 or Part 124 as pertains to permits for Underground

Injection Control (U.I.C.) under the Safe Drinking Water Act, the

Dredge or Fill Program under Section 404 of the Clean Water Act,

the National Pollution Discharge Elimination System (NPDES) under

the Clean Water Act or Prevention of Significant Deterioration

Program (PSD) under the Clean Air Act is adopted or included by

reference herein. (2-11-94)

02. Availability of Referenced Material. Copies of the

federal regulations adopted by reference throughout these rules are

available in the following locations: (6-10-88)

a. Superintendent of Documents, U.S. Government Printing

Office, Washington, D.C. 20402, or U.S. Government Bookstore, Room

194, Federal Bldg., 915 Second Ave., Seattle, WA 98174,

(206)553-4270; (4-26-95) ,.

b. Administrative Procedure section, Idaho Department of

Health and Welfare Central Office, 450 W. State Street, P.O. Box

83720, Boise, Idaho 83720-0036, (208)334-5552; and (4-26-95)

•

c. State Law Library, 451 W. State

83720, Boise, 10 83720-0051, (208) 334-3316.

1

Street, P.O. Box

(4-26-95)

••
i.

': .. "

003. DEFINITIONS. For the purpose of these rules and any

materials incorporated here in by reference, the fo llowing

definitions apply unless thei= application would be inconsistent

with the Hazardous ~vaste Management Act, or unless these rules

expressly provide for differe~t definitions. (3-1-93)

01. Board. The Idaho Board of Health and Welfare.

(6-10-88)

02. CFR. The United States Code of Federal Regulations.

(3-1-93)

03~ Department. The Idaho Department of Health and

Welfare. (6-10-88)

04. Director. The Director of the Idaho Department of

Health and Welfare, or his designee. (12-~1-91)

05. Environmental Appea l s Board. When used in the

context of 40 CFR, the definition shall be the Director of the

Idaho Department of Health and Welfare except where noted in these

rules. When used in the context of these rules, the definition

shall be the U.S. Environmental Appeals Board. (4-1S-96)T

06. U.S. Environ~ental Protection Agency, EPA

Headquarters, or EPA. When used in the context of 40 CFR, the

definition shall be the Idaho Department of Health and Welfare,

except when used to refer to an EPA Identification number, EPA

forms, pUblications-or guidance, and EPA Acknowledgment of Consent,

and where noted in these rules. Under the latter circumstances,

the definit~on shall be the C.S. Environmental Protection Agency

and the Headquarters of the U.S. Environmental Protection Agency as

appropriate. When used in the context of these rules, the

definition shall be the U.S. Environmental Protection Agency.

(4-15-96)T

07. HWFSA. The Hazardous Waste Facility Siting Act of

1985, Sections 39-S801 et seq., Idaho Code. - (3-1-93)

08. HWMA. The Hazardous Waste Management Act of 1983,

Sections 39-4401 et seq., Idaho Code. (3-1-93)

09. IDAPA. The Idaho Administrative

Chapter ~2, Title 67, Idaho Code.

Procedures Act,

(3-1-93)

10. RCRA. When used in the context of 40 CFR, the

definition shall be the comparable sections of the Hazardous Waste

Management Act of 19~3, Sections 39-4401 et seq., Idaho Code. When

used in the context of these rules, the definition shall be The

Resource Conservation and Recovery Act, 42 U.S. Code, Sections 6901

et seq. (4-1S-96)T

2
11. Regional Administrator or Administrator. When used in

the context of 40 CFR, the definition shall be the Director of the

Idaho Departnent of Health and Welfare, or his designee, except

where noted in these rules. When used in the context of these

rules, the definition shall be the u.s. Environmental Protection

Agency Region 10 Regional Administrator. (4-1S-96)T

12. TSD. Treatment, storage or disposal. (6-10-88)

•

13. United States or U.s. When used in the context of 40

CFR, the definition shall be the State of Idaho, except where noted

in these rules. When used in the context of these rules, the

definition shall be the United states. (4-15-96)T

004. HAZARDOUS WASTE MANAGEMENT SYSTEM. 40 CFR Part 260 and all

Subparts are herein incorporated by reference as provided in 40

CFR, revised as of July 1, 1995. For purposes of 40 CFR 260.20 and

260.22, "Federal. Register" shall be defined as the Idaho

Administrative Bulletin. (4-15-96)T

005. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. 40 CFR Part

261 and all Subparts are herein incorporated by reference as

provided in 40 CFR, revised as of July 1, 1995. (4-1S-96)T

01. Excluded Wastes. Chemically Stabilized Electric Arc

Furnace Dust (CSEAFD) generated by Envirosafe Services of Idaho,

Inc. (ESII) at ESII's facility in Grand View, Idaho using the Super

Detox(R) treatment process as modified by ESII and that is disposed

of in a Subtitle 0 or Subtitle C landfill is excluded from the

lists of hazardous waste provided ESII implements a program that

meets the following conditions: (3-16-96)

a. Verification Testing Requirements. Sample

and analyses, including quality control procedures,

pursuant to Sections OOS.Ol.b. and 005.0l.c., must be

according to 51-1-846 methodologies and the RCRA Part

inclUding future revisions.

b. Initial Verification Testing.

Collection

conducted

performed

B permit,

(3-16-96)

(3:-16-96)

•

i. For purposes of Section 005.01. b., "riet..; source" shall

mean any generator of Electric Arc Furnace Dust (EAFD), EPA and

Idaho Division of Environmental Quality Hazardous Waste No. K06l,

whose waste has not previously been processed by ESII using the

Super Detox(R) treatment process resulting in processed EAFD which

has been SUbjected to initial verification testing and has

demonstrated compliance with the delisting levels specified in

Section OOS.Ol.d. (3-16-96)

~~. Prior to the initial treatment of any new source of

EAFD, ESII must notify the Department in writing.. The written

notification shall include: (3-16-96)

3
(1) The waste profile information; and

(2) The name and address of the generator.

(3-16-96)

(3-16-96)

•

iii. The first four (4) consecutive catches treated must

be sampled in accordance with Section OOS.Ol.a. Each of the four

(4) samples shall be analyzed to determine if the CSEAFD generated

meets the delisting levels specified in Section OOS.Ol.d.

(3-16-96)

iv. If the initial verification testing demonstrates that

the CSEAFD samples meet the delisting levels specified in Section

005.01.d., ESII shall submit the operational and analytical test

data, including quality control information, to the Department, in

accordance with Section 005.01.f. Subseauent to such data

submittal, the CSEAFD generated from EAFD originating from the new

source shall be considered delisted. (3-16-96)

v. CSEAFD generated by ESII from E~?D originating from

a new source shall be managed as hazardous waste in accordance with

Subtitle C of RCRA until: (3 -16-96)

(1) Initial verification testing de~onstrates that the

CSEAFD meets the delisting levels specified in Section 005.01.d.;

and (3-16-96)

(2) The operational and analytical test data is submitted

to the Department pursuant to Section 005.01.b.iv. (3-16-96)

vi. For purposes of sections 005.0l.b. and OOS.Ol.c.,

"batch" shall mean the CSEAFD which results fro::! a single treatment

episode in a full scale mixing vessel. (3-16-96)

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

i. Subsequent to' initial verification testing, ESII

shall collect a representative sample, in accordance with Section

OOS.Ol.a., fro~ each batch of CSEAFD generated by ESII. ESII may,

at its discretion, conduct sUbsequent verification testing on

composite samples. In no event shall a composi~e sample consist of

representative samples from more than tT.vem:y (20) batches of

CSEAFD. (3-16-96)

ii. The samples shall be analyzed prior to disposal of

each batch of CSEAFD to determine if the CSEAFD meets the delisting

levels specified in section 005.01.d. (3-16-96)

iii. Each batch of CSEAFD generated by ESII shall be

sUbjected to subsequent verification testing no later than thirty

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

•

iv . If the levels of constituents measured in a sample,

4
or composite sample, of CSEAFD do not exceed the levels set forth

in Section OOS.Ol.d., then any batch of CSEAFD which contributed to

the sample that does not exceed the levels set forth in Section

OOS.Ol.d. is non-hazardous and may be managed andjo~ disposed of in

a subtitle D or Subtitle C landfill. (3-16-96)

v. If the constituent levels in a sample, or composite

sample, exceed any of the delisting levels set forth in Section

OOS.Ol.d., then ESII must submit written notification of the

results of the analysis to the Department within fifteen (15) days

from receiving the final analytical results, and any CSEAFD which

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

(1) Retested, and retreated if necessary, until it meets

the levels set forth in Section OOS.Ol.d.; or (3-16-96)

(2 )

C of RCRA.

Managed and disposed of in accordance with subtitle

(3-16-96)

d. Delisting levels.

vi. Each batch of CSEAFD shall be managed as hazardous

waste in accordance with Subtitle C of RCRA until s ubs equerit; ve~ification testing demonstrates that the CSEAFD meets the

delisting levels specified in Section OOS.Ol.d. (3-16-96)

(J-16-96)

i. All leachable concentrations for these metals must

not exceed the following levels (mgjl): antimony--0.06; arsenic--

0.50; barium--7.6; beryllium--0.010; cadmium--O.OSO; chromium--

0.33; lead--O. 15; mer-cuz-y-o-o . 009; nickel--1; selenium--O .16;

silver-0.30; thallium--O.020; vanadium-2; and zinc--70. (3-16-96)

11. Metal concentrations must be measured in the waste

leachate by the method specified in 40 CFR Part 261.24. (J-16-96)

e. Modification of Treatment Process. (3-16-96)

i. If ESII makes a.decision to modify the Supe~ Detox(R)

treatment process from the description of the process as set forth

in ESII's Petition for Delisting Treated K061 Dust by the Super

Detox(R) Process submitted to the Department on JUly 14, 1995, ESII

shall notify the Department in writing prior to i~plementing the

modification. (3-16-96)

ii. After ESII's receipt of written app r ova I from the

Department, and subject to any conditions included ~ith the

approval, ESII may implement the proposed modification. (3-16-96)

•

iii. If ESII modifies its treatment process without first

receiving written approval from the Department, this exclusion of

waste will be void from the time the process· was modified.

(3-16-96)

·5
(4-•

iv. ESII's Petition for Delisting Treated K061 Dust by

the Super Detox(R) Process submitted to the Department on July 14,

1995 is available at the Division of Environmental Quality, Permits

and Enforcement, 1410 N. Hilton, Boise, Idaho 83706. (3-16-96)

f. Records and Data Retention and Submittal. (3-16-96)

i.

analytical

summarized,

minimum of

generated.

Records of disposal site, operating conditions and

data from verification testing must be compiled,

and maintained at ESII' s Grand Vie'd facility for a

five (5) years from the date the records or data are

(3-16-96)

a i . The' records and data maintained by

furnished upon request to the Department or EPA.

ESII must be

(3-16-96)

'.

iii. Failure to submit requested records or data within

ten (10) business -days of receipt of a written request or failure

to maintain the required records and data on site for the specified

time, will be considered by the Department, at its discretion,

sufficient basis to revoke the exclusion to the extent directed by

the Department. (3-16-96)

iv. All records or data submitted to the Department must

be accompanied by a signed copy of the f o LlowLnq certification

statement to attest to the truth and accuracy of the records or

data sUbmitted: "Under civil and/or criminal penalty of law for

the making or submission of false or fraudulent statements or

representations, I certify that the information contained in or

accompanying this document is true, accurate, and complete. As to

any identified sec~ions of this document for which I, cannot

personally verify the truth -and accuracy, I certify as the ESII

official having supervisory responsibility for the persons Who,

acting under my direct instructions, made the verification that

this information is true, accurate, and complete. In the event

that any of this information is determined by the Department in its

sole discretion to be false, inaccurate, or incomplete, and upon

conveyance of this fact to ESII, I recognize and agree that this

exclusion of waste will be void as if it never had effec~ or to the

extent directed by the Department and that ESII will be liable for

any actions taken in contravention of ESII IS RCRA and CERCLA

obligations premised upon ESII's reliance on the void-exclusion."

(3-16-96)

006. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE.

(7-1-93)

•

01. Incorporation By Reference. 40 CFR Part 262 and all

Subparts are herein incorporated by reference as provided in 40

CFR, revised as of July 1, 1995, except reference to 40 CFR 265

Subpart CC. For purposes of 40 CFR 262.53, 262.55, 262.56, and

262.57(b), "Regional Administrator" shall be defined as the U.S .

6
•

•

. '-' .

Environmental Protection Agency Region 10 Regional Administrator.

Copies of advance notification, annual reports, and exception

reports, required under those sections, shall also be provided to

the Director. For purposes of 40 CFR 262.S1 and 262.S4(g) (1), EPA

shall be defined as the U.s. Environmental Protection Agency.

(4-1S-96)T

02. Generator Emergency Notification. In addition to the

emergency notification required by 40 CFR 265.S6(d) (2) and

262.34(d)(S)(iv)(c), (see 40 CFR 262.34(a)(4)), the emergency

coordinator must also immediately notify the State Communications

Center by telephone, 1-800-632-8000, to file an identical report.

(4-1S-96)T

007. STANDARDS APPLICABLE TO TRANSPORTERS OF H~ZARDOUS WASTE.

40 CFR Part 263 and all SUbparts are herein incorporated by

reference as provided in 40 CFR, revised as of July 1, 1995.

(4-1S-96)T

008. STANDARDS FOR mVNERS AND OPERATORS OF H.:"'ZARDOUS WASTE

TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 264. and all

Subparts (excluding 40 CFR 264.149, 264.1S0, 264.301(1), and

Subpart CC) are herein incorporated by reference as provided in 40

CFR, revised as of July 1, 1995. For purposes of 40 CFR section

264.12(a), "Regional Administratorll shall be defined as the U.S.

Environmental Protection Agency Region 10 Regional Administrator.

(4-1S-96)T

009. INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF

HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR

Part 265, and all Subparts (excluding Subpart R, Sub~art CC, 40 CFR

265.149 and 265.150) are herein incorpora<:ed by reference as

provided in 40 CFR, revised as of July 1, 1995. (4-1S-96)T

010. STANDARDS FOR THE MANAGEMENT OF SPECIFIC H~ZARDOUS WASTES

AND SPECIFIC TYPES'OF HAZARDOUS"WASTE FACILITIES. 40CFR Part 266

and all SUbparts (excluding Subparts A and 8) are herein

incorporated by reference as provided in 40 CFR, revised as of July

1, 1995. (4-1S-96)T

011. LAND DISPOSAL RESTRICTIONS. 40 CFR Pare 268 and all

Subparts are herein incorporated by reference as provided in 40

CFR, revised as of July 1, 1995, except for 40 CFR 268.1(e) (3),

268.S, 268.6, 268.42(b) and 268.44. The authority for implementing

the provfsions of these excluded sections remains with the EPA.

However, the requirements of Sections 39-4403 (1S) and 39-4423,

Idaho Code, shall be applied in all cases where these requirements

are more stringent than the federal standards. If the Administrator

of the EPA grants a case-by-case variance pursuant to 40 CFR 268.5,

that variance will simultaneously create the s arne case-by-case

variance to the equivalent requirement of these rules. (4-1S-96)T

7
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012. HAZARDOUS WASTE PERMIT PROGRAM. 40 CFR Part 270 and all

Subparts are herein incorporated by reference as provided in 40

CFR, revised as of July 1, 1995, except reference to 40 CFR 264

SUbpart CC and 40 CFR 265 Subpart CC. For purposes of' 40 CFR

270.2, 270.5, 270.10(e) (2), 270.10(e) (3), 270.10(f) (3),

270.72(a) (5), and 270.72(b) (5), "EPA'" and "Administrator" or

"Regional Administrator" shall be defined as the U.S. Environmental

Protection Agency and the U. S. Environmental Protection Agency

Region 10 Regional Administrator respectively. (4-15-96)T

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

OR HWr-'I.A PERMIT APPLIC.~TIONS). 40 CFR Part 124, Subpart A is herein

incorporated by reference as provided in 40 CFR, revised as of JUly

1, 1995. For purposes of 40 CFR 124.6(e), 124.10(b), and

124.10(c) (1) (ii) "EPA" and "Administrator" or "Regional

Administrator" shall be defined as the U.S. Environmental

Protection Agency and the U. S. Environmental Protection Agency

Region 10 Regional Administrator respectively. (4-15-96)T

014. INTERIM STATUS SURFACE IMPOUNDMENTS. In accordance with

Section 3005(j) of RCRA which is herein incorporated by reference,

surface impoundnents in existence on November 8, 1984, and

qualifying for interim status shall not receive, store or treat

hazardous waste after November 8, 1988, unless retrofitted to meet

standards applicable to new impoundments or subject to an

exemption. Copies of the federal statute herein incorporated by

reference are available in the locations provided in Subsection

002.02. Standards applicable to new surface impoundments which are

referenced in Section 3005(j)of RCRA as requirements of Section

3004(0) (42 U.S.C. 6924(0)) appear in federal regulations as 40 CFR

Parts 264.221-231 and 263.221-230 and are incorporated as provided

in Sections 008. and 009. (3-1-93)

015. STANDARDS FOR THE MANAGEMENT OF USED OIL. (2-11-94)

01. Incorporation by Reference. 40 CFR Part 279 and all

SUbparts are herein incorporated by reference as provided in 40

CFR, revised as of July 1, 1995. (4-15~96)T

02. Used Oil as a Dust Suppressant. 40 CFR Part 279

contains a prohibition on the use of used oil as a dust suppressant

at 279.82(a), however, States may petition EPA to allow the use of

used oil as a dust suppressant. Members of the public may petition

the State to make this application to EPA. This petition to the

State must: (2-11-94)

a. Be subnitted to the Idaho Division of Environmental

Quality, 1410 North Hilton, Boise, Idaho 83706; and (2-11-94)

b.

will be met.

Denonstrate how the requirements of 40 CFR 279.82(b)

(2-11-94)

8
016. STANDARDS FOR UNIVERSAL WASTE MANAGEMENT. 40 CFR Part 273

and all Subparts are herein incorporated by reference as provided

in 40 CFR, revised as'of July 1, 1995. (4-15-96)T

017. 354. (RESER?ED) .

•

355. HAZARDOUS HASTE FACILITY SITING LICENSE FEE. An

application for a siting license required by HWFSA shall be

accompanied by a siting. license fee in an amount established by

these rules. The 'license fee shall not exceed seven thousand five

hundred dollars ($7,500) and shall be submitted ~ith the siting

license application. (3-1-93)

01. License Fee criteria. The siting license fee required

by HWFSA and these rules shall be based on the costs to the

Department of r-ev i ewi nq the siting license application and the

characteristics of the proposed hazardous waste facility, including

the projected site size, projected waste volume, and the

hydrogeological characteristics surrounding the site. (3-1-93)

a. "Projected Waste Volume" means the total actual or

potential hazardous waste volume, in gallons or an equivalent

measurement, proposed for the hazardous waste facility. (3-1-93)

b. "site s i ze " means the sum in acres of all proposed

"Hazardous Waste Management Unit(s)" as defined in section 004 (40

CFR 260. 10) . ( 4 -15 - 96 ) T

02. License Fee Scale. Except as provided in Subsection

355.03., the siting license fee required by HWFSA and these rules

shall be determined using the table below.

LICENSE FEE SCALE

PROJECTED HAZARDOUS WASTE VOLUME

(gallons)

Site Size Up to 10jOOO 10,000 -- r'!ore Than.

.20,000 20,000

1 acre or $3,000 $4,000

I

$7,500

greater

Equal to or $4,000 $5,000 $7,500

greater than

acre, but less

than 1 acre

Less than >.,

2 $5,000 $6,000 I $7 r 500

acre

(4-15-96)T

03. License Fee for Facilities Required to Submit

9
Engineering or Ejdrogeological Information. For any proposed

commercial hazardc~s waste disposal, treatment or storage facility

or any on-site la~j disposal facility for wastes listed pursuant to

Section 201(d) (2) and (e), as mod i f i ed by Section 209 of the

Federal Hazardous and Solid Waste Amendments of 1984, which must

submit engineeri:-.; or hydrogeological infurmation to indicate

compliance with t.achn Lca I criteria as adopted in the Hazardous

Waste Management Plan, the siting license fee shall be seven

thousand five hundred dollars ($7,500). (3-1-93)

04. Ex~:nsion, Enlargement or Alteration of a Commercial

Hazardous tvaste ::: isposal, Treatment or Storage Facility or any

On-site Land Dis;Josal Facility for Wastes Listed Pursuant to

section 201(d) (2) and (e), as Modified by Section 209 of the

Hazardous and Sc:..id Waste Amendments of 1984. The significant

expansion, enlar;ement or alteration of a hazardous waste

treatment, storage or disposal facility in existence on July 1,

1985 , constitutes a new proposal for which a siting license is

required. and for ~hich a siting license fee must be paid.

(9-22-89)

05. Sit:ng License Fee Nonrefundable. The

fee required by t~ese rules shall be nonrefundable

applied toward an; sUbsequent application should the

application be ca~celled or withdrawn, or denied.

siting license

and may not be

siting license

(3-1-93)

01. APF: ication Contents ·and Standard of Rav i.ew .

Applications for variances shall be submitted in triplicate and

shall contain suc~ detailed plans, specifications, and information

regarding obj ecti. C/eS , procedures, controls, and other pertinent

data as the Direc~or may require. A variance shall not exceed one

(1) year in durat:~n. The Director may grant a variance only if the

applicant demons~rates. to the Director's satisfaction that

construction and operation of the TSD facility or site in the

manner allowed by ~he variance and any term or condition imposed as

part of the varia~ce: (6-10-88)

356. VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES.

(7-1-93)

a.

hardship;

b.

Is required to avert unnecessary and s ignificant

(6-10-88)

Is ~ot inconsistent with EPA require~ents; and

(6-10-88)

•

c. Wil:" not create a nuisance or a hazard to the pUblic

health, safety or the environment. (6-10-88)

02. PuJ::'ic Hearings. The Director may hold a public

hearing on an ini~ial application for a variance and shall hold a

public hearing or. any application to renew or extend a variance.

10
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The public hearing shall be held at a location in the county where

the operations that are the sUbject of the application for the

variance are conducted unless the Director determines that a

different location would be more appropriate and convenient for

interested members of the pUblic. The Director shall give at least

t.werrt.y (20) days 1 notice of the hearing to the applicant by

certified mail and shall cause at least one" (1) publication of

notice in a newspaper with general circulation in either the county

where the operation is conducted or the county where the hearing is

to be held. The Director shall cause to be made a complece record

of the testimony and the evidence submitted at the hearing. "

(6-10-88)

03. Public Information. All information submitted as part

of a variance application shall be treated as pUblic information

and shall not be s ub j act; to any claim of confidentiality. The

Director shall make the application available for public inspection

at the Department's central office and at the appropriate regional

office of the Department's Division of Environmental Quality. The

Director shall make available for pub Li.c inspection at; : the

Department's central office and at all regional offices of the

Department's Division of Environmental Quality a "currenc list of

pending applications for variances and a current schedule of

pending variance hearings. (3-1-93)

04. Director's Decision. No variance shall be issued or

denied until the Director has considered the relative interests of

the applicant, other persons and property affected by the variance

and the public. Any variance granted pursuant to this section shall

be for a period specified by the Director but not more than one (1)

year. No variance shall be issued or denied without a writcen order

stating the findings upon ~hich the decision is based. (3-1-93)

05. Applicant to Bear Costs. The cost of public notice,

recording and transcribing of testimony and hearing facilities

shall be borne by the applicant,regardless of whether or not a

variance is issued. (6-10-88)

357. 499. (RES ERVED) .

500. ROUTING OF HAZARDOUS WASTE SHIPMENTS. (7-1-93)

01. Transporting. Any person transporting a quantity of

hazardous waste which requires a manifest sha 11, to the extent

possible:~ (6-10-88)

a. Use state, United States and interstate highways; and

(6-10-88)

b. Avoid municipalities and population centers, even

when doing so may add miles to the distance traveled. (6-10-88)

11
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02. Director's Conditions. The Director may, upon a

finding that a shipment or shipments of hazardous waste constitutes'

a greater than normal risk to the public health, safety or

environment, prescribe by order particular conditions for that

shipment or shipments including but not limited to special

placarding, pilot vehicles, routing restrictions, parking

restrictions and timing restrictions. (6-10-88)

501. 799. (RESERVED) .

Ie

800. INSPECTION PLAN -- FREQUENCY LEVELS. The Department may,

as time and resources permit, conduct regular inspections of

persons or entities s ub j ect to these rules, their records, and

property at approximately the following frequency levels based upon

potential risk to the public health or environment. (3-6-91)

01. Commercial TSD Facilities. Commercial TSD facilities

or sites or offsite generator TSD facilities or sites, up to every

day. (3-6-91)

02. Generator On-site TSD Facilities. Generator on-site

TSD facilities or sites -- up to twenty (20) times per year.

(3-1-93)

03. Transport Vehicles. Transport vehicles as necessary.

(3-6-91)

04. Transport Facilities. Transport facilities or sites

up to twelve (12) times per year. (3-1-93)

year.

as. Generators. Generators -- up to twelve (12) times per

(3-1-93)

06. Conduct Inspections. Nothing in the preceding

schedule of frequency levels may be construed as limiting the

Department's authority to conduct inspections when there is

reasonable cause to suspect a violation of H~v~ or these rules. The

Director may by policy guidance memorandum modify the inspection

frequency levels as necessary for the effective or e f f i c i.e nt;

enforcement of HWMA and these rules. (3-1-93)

801. 849. (RESERVED) .

850. ILLEGAL ACTIONS. (7-1-93)

•

01. False Statements or Representations. Any person who

makes a false statement or representation in any application,

label, manifest, record, report, permit or other document filed,

maintained or used for the purpose of complying with these rules or

HWMA thereby commits a violation. Each false statement or

representation constitutes a separate and distinct violation for

which civil penalties may be imposed. Any person who knowingly

12
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makes a false statement or representation of the type described

above is, in addition to civil penalties, s ub j e ct; to criminal

prosecution for the commission of a misdemeanor for each statement

~r representation. (3-1-93)

02. Failure to ~omply With These Rules, The HWMA, or

Other Requirements. Any person who violates these rUles, HWMA, or

any permit, standard, condition, requirement, compliance agreement

or order issued pursuant to these rules or H~0~ thereby commits a

violation. Civil penalties may be imposed for each separate

violation and for each day of continuing viola~ion. Any person who

knowingly commits a'violation of the type described above is, in

addition to civil penalties, sUbject to criminal prosecution for

the commission of a misdemeanor for each separate violation and for

each day of a continuing violation. (3-1-93)

851. 899. (RESERVED) .

(,•.

900. EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNTS. The

Director may declare a hazardous waste emer-gency if the pubLi,c

health, safety or the environment are threatened by a release or

threat of release of a hazardous waste or a substance which has

become a hazardous waste. Following a hazardous waste emergency

declaration, the Department may spend or obligate to be spent up to

two hundred thousand dollar-s ($200,000) from the Hazardous Waste

Emergency Account and from the Hazardous Waste Training, Emergency,

and Monitoring Account by appropriation, to obtain equipment and

materials, conduct inves~igations, test samples, and employ

personnel as necessary or eliminate or mitigate the immediate

threat and stabilize the si~uation.The Director may authorize the

expenditure or obligation of more than two hundred thousand dollars

($200,000) from these accounts in any given situation upon a

finding by the Board that a greater expenditure or obligation is

prudent and necessary to protect the pubLi c health, safety or

environment. (2-11~94)

901. 995. (RESERVED) .

996. ADMINISTRATIVE PROVISIONS. Except as set forth in Section

013. administrative appeals from all final agency decisions shall

be governed by Idaho Depart~ent of Health and t~elfare Rules section

IDAPA 16.05.03.000. et seq., "Rules Governing Contested Cases and

Declaratory Rulings." (2-11-94)

997. CONFIDENTIALITY OF RECORDS. Any disclosure of information

obtained by the Department is subject to the restrictions contained

in Idaho Department of Health and Welfare Rules Title 5, Chapter 1,

"Rules Governing the Protection and Disclosure of Department

Records;" H~vMA Section 39-44.11(3), Idaho Code; the Idaho Public

Writings Act, Sections 9-337 et seq., Idaho Code; and Section 004.

of this chapter. ,(4-15-96)T

13
•

998. INCLUSIVE GENDER AND NUMBER. For the purposes of these

rules, words used in the masculine gender also include the feminine

and neuter gender, and vice versa, where appropriate. Words in the

singular include the plural and words in the plural include the

singular. (3-1-93)

999. SEVERABILITY. The provisions of these rules are severable

and if a provision or its application is declared invalid for any

reason, that declaration will not affect the validity of the

remaining provisions. (6-10-88)

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(BREAK - NEXT CHAPTER)

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