### HAZARDOUSWASTE 

### LOG OFUPDATESTOMANUAL 

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# ~llSGO%~mG**~~~~~~~** _ Title 1 Chapter 5 ,RuleandStandardsof theDepartmentofHealthandWelfare

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### •. 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 ofUpdates 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 OFLEGISLATIVE APPROVAL OFRUL!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** andWelfa=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= ofHealth andWelfare under**DocKe~** No. 16-0101-9601 in November 1995, andpublished 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 ofHealth 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 cved 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, andpublished 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 ofMarch 16,**19~6.** Envir'onmerrtaL 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 appr oved by the Idaho Les:slature under Senate Concurrent**Resolut::~** No. 142 inaccordance with section 67-5226, Idaho Code.



# • ASSISTANCE ON TECHNICAL QUESTIONS: For questions conceznLnq this pubLi.cat.Lori, (208)373-0418. DATED this 1stday ofMay, 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 atIDAPA 16 - DEPARTMENT OFHEALTH AND WELFARE 16.01.05

- RULES AND STANDARDS FORHAZARDOUS WASTE DOCKET NO. 16-0105-9502 NOTICE OF PENDINGAND TEMPORARY RULE EFFECTIVE DATE: The temporary rule is effective April 15, 1996. Thepending"rule becomes final and effective onJuly 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 ofthe concurrentresolution orupon the date specified in the concurrentresolution. 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 statementofany change between the text ofthe proposed rule and the text of the pending/temporary rule with an explanation of the reasons for any change

. TheRules 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 clarifywhich 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 fromtanks and containers (40 CFR**26~** SUbpart

### cc and 40 CFR265 Subpart CC). EPAhas postponed the effective date of this regulation and will be making further changes to the regulation. Upon recommendation from EPA, the Department ofHealth 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 EPAhas 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 Is 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 RULEJUSTIFICATION: Pursuant to Section 67-5226(1)(b), Idaho Code, the Governor has found that temporary adoption ofthe 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 ofApril, 1996

. PaulaJunae Saul Environmental Quality Section Attorney General's Office 1410 N. Hilton Boise, Idaho 83706-1255

# (4- 

# •• TABLE OFCONTENTS IDAPA 16 TITLE 01 Chapter 05 RULES AND STANDARDS FORHAZARDOUS WASTE

. . • . . • • • • 6 INCORPORATIONBY**REFE~ENCE** OFFEDERAL REGULATIONS 1

STANDARDS APPLICABLE TOTRANSPORTERS 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 OFHAZARDOUS'WASTE DEFINITIONS HAZARDOUS WASTE MANAGEMENT SYSTEM TITLE

STANDARDS APPLICABLE TOGENERATORS OFHAZARDOUS WASTE

INTERI.!'-! STATUS STAND.'\RDS FOR OWNERS AND OPERATORS OF**HAZFo~DOUS** WASTETREATMENT, STORAGEAND DISPOSAL FACILITIES 7 000. DOL 002. 003. 004. 005. '006.
007. 

# •• 008.
009.

STANDARDS FORTHE**~~AGB~ENT** OFSPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OFHAZARDOUS WASTE FACILITIES . 7

PROCEDLKES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR**H\~~** PERMIT APPLICATIONS) . . . . . . . . . . . . . 8

STANDARDS FORUNIVERSAL WASTE MANAGEMENT STANDARDS FOR THEMANAGEMENT OF USED OIL

.

9 · 8

· 8 · 7

· 8

· 9 . . 9 

### ..

(RESERVED) LAND DISPOSAL**RESTRIC~IONS** . .

HAZARDOUS WASTE FACILITY SITING LICENSE FEE HAZARDOUS WASTE PERMITPROGRAM

.

,INTERIM STATUS SURFACE IMPOUNDMENTS

354. 010.

OIL 012. 013.
014. 015. 016. 017. 

# \. 355.356. VARIANCE APPLICATIONS FOR TSDFACILITIES OR SITES 10 

# • 357. 499. (RESERVED) 

## · 

# ·· · · · · · · · · 11 500. ROUTING OFHAZARDOUS 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 OFRECORDS


## · · 

# · · · ·

# · 13 998. INCLUSIVE GENDER AND NUMBER 14 

# (e 999. SEVERABILITY

# . . 

# ··· · 

# · ·

# · 14

# •

• IDAPA 16 TITLE 01 Chap-ter 05 RULESAND 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 ManagementAct 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 ofthatpart and Subparts as they appear in 40 CFR, revised as of July 1, 1995, LncLudinq any notes and appendices therein, unless expressly provided gtherwise in these rules. (4-15-96)T 01. Exceptions. Nothing in 40 CFRParts 260

- 266, 268, 270, 279 or Part 124 as pertains to permits for Underground Injection Control (U.I.C.) under the Safe Drinking WaterAct, 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 ofReferenced Material. Copies of the federal regulations adopted by reference throughout these rules are available in the following locations: (6-10-88)

a. SuperintendentofDocuments, 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. AdministrativeProcedure section, Idaho Departmentof 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 herein by reference, the following 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 ofHealth andWelfare. (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 DepartmentofHealth andWelfare 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-orguidance, and EPAAcknowledgmentofConsent, and where noted in these rules. Under the latter circumstances, the**definit~on** 

### shall be the C.S. Environmental Protection Agency andthe Headquarters ofthe U.S. Environmental ProtectionAgency 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 ofthe Hazardous Waste ManagementAct 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

211. Regional AdministratororAdministrator. Whenused in the contextof40 CFR, the definition shall be the Director ofthe 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 orU.s. Whenused in the contextof40 CFR, the definition shall be the State ofIdaho, exceptwhere 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 WASTEMANAGEMENT SYSTEM. 40 CFRPart 260 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1, 1995. Forpurposes of40 CFR260.20 and 260.22, "Federal. Register" shall be defined as the Idaho Administrative Bulletin. (4-15-96)T 005. IDENTIFICATIONAND LISTINGOFHAZARDOUS WASTE. 40 CFRPart 261 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1, 1995. (4-1S-96)T 01. ExcludedWastes. Chemically Stabilized Electric Arc Furnace Dust (CSEAFD) generated by Envirosafe Services of Idaho, Inc. (ESII) at ESII's facility inGrand View, Idaho using the Super Detox(R) treatmentprocess 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. VerificationTesting 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. Forpurposes 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 SuperDetox(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 ofthe 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 ifthe CSEAFD generated meets the delisting levels specified in Section OOS.Ol.d. (3-16-96) iv. Ifthe initialverificationtesting 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 bemanaged as hazardous waste in accordance with Subtitle Cof 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) Theoperational and analytical testdata 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. SubsequentVerification 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 ofCSEAFDgenerated 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 eachbatch ofCSEAFD to determine ifthe 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,
4or composite sample, ofCSEAFD do not exceed the levels set forth in Section OOS.Ol.d., then any batch ofCSEAFD 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 Dor 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 ofthe 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 itmeets the levels set forth in Section OOS.Ol.d.; or (3-16-96) (2) CofRCRA. Managed and disposed of in accordance with subtitle (3-16-96)

Delisting levels. d. vi. Each batch of CSEAFD shall be managed as hazardous waste in accordance with Subtitle C of RCRA until subsequerit;**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 exceedthe 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 CFRPart 261.24. (J-16-96)

e. Modification ofTreatment Process. (3-16-96) i. IfESII makes a.decision to modify the**Supe~** Detox(R) treatmentprocess 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 appr ovaI from the Department, and subject to any conditions included**~ith** the approval, ESII may implement the proposed modification. (3-16-96) 

# • iii. IfESII modifies its treatment process without first receiving written approval from the Department, this exclusion of waste will be void from the time the process·was modified. (3-16-96) ·5

# (4- 

# • iv. ESII's Petition for Delisting Treated K061 Dust by the SuperDetox(R) Process submitted to the Department on July 14, 1995 is available at the Division ofEnvironmental 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)
ai . 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 ofreceipt 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, sufficientbasis to revoke the exclusion to the extentdirected by the Department. (3-16-96) iv. All records ordata submitted to the Departmentmust be accompanied by a signed copy of the foLlowLnq 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 ofthis 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 ofwaste will be void as if it never had**effec~** or to the extentdirected 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 TOGENERATORS OFHAZARDOUS WASTE. (7-1-93)


# • 01. Incorporation By Reference. 40 CFRPart 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. Forpurposes 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 TOTRANSPORTERS 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, STORAGEAND DISPOSALFACILITIES. 40 CFRPart 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 WASTETREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 265, and all Subparts (excluding SubpartR,**Sub~art** CC, 40 CFR 265.149 and 265.150) are herein incorpora<:ed by reference as provided in 40 CFR, revised as ofJuly 1, 1995. (4-1S-96)T 010. STANDARDS FORTHEMANAGEMENT OFSPECIFIC**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 ofJuly 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 stringentthan the federal standards. Ifthe Administrator ofthe EPAgrants a case-by-case variance pursuant to 40 CFR268.5, that variance will simultaneously create the s arne case-by-case variance to the equivalent requirement of these rules. (4-1S-96)T

7

# • 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 CFR264 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 FORRCRA OR HWr-'I.APERMIT**APPLIC.~TIONS).** 40 CFRPart 124, Subpart Ais herein incorporated by reference as provided in 40 CFR, revised as ofJUly 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) ofRCRAwhich 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 afterNovember 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 FORTHE MANAGEMENT OFUSED OIL. (2-11-94) 01. Incorporation by Reference. 40 CFRPart 279 and all SUbparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1, 1995.**(4-15~96)T** 02. Used Oil as a Dust Suppressant. 40 CFR Part 279 contains a prohibition on the use ofused oil as a dust suppressant at 279.82(a), however, States may petition EPAto 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 bemet. Denonstrate how the requirements of 40 CFR279.82(b) (2-11-94)

8016. STANDARDS FORUNIVERSALWASTE MANAGEMENT. 40 CFRPart 273 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as'ofJuly 1, 1995. (4-15-96)T 017. 354. (RESER?ED)

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# • 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-eviewinq the siting license application and the characteristics ofthe 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 size " means the sum in acres of all proposed "Hazardous Waste Management Unit(s)" as defined in section 004 (40 CFR260.10)

. ( 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 Upto 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 >., $5,000 $6,000 

# I$7r500 2 acre (4-15-96)T 03. License Fee for Facilities Required to Submit
9Engineering or Ejdrogeological Information. For any proposed commercial**hazardc~s** waste disposal, treatment or storage facility orany on-site**la~j** disposal facility for wastes listedpursuant to Section 201(d)(2) and (e), as modified 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.achnLcaI 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 Ravi.ew

. Applications for variances shall be submitted in triplicate and shall contain**suc~** detailed plans, specifications, and information regarding objecti.C/eS, procedures, controls, and other pertinent data as the**Direc~or** may require. Avariance shall not exceed one (1) year in**durat:~n.** The Directormay grant a variance only ifthe 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 ofthe**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 significant (6-10-88) Is**~ot** inconsistent with EPA**require~ents;** and (6-10-88)


# • c. Wil:" notcreate 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, I • 

## ".



# • The publichearing 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 interestedmembers ofthe 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 newspaperwithgeneral circulation in eitherthe county wherethe operation is conducted orthe county where the hearing is to be held. The Director shall cause to be made a complece record ofthe 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 subjact; to any claim of confidentiality. The Director shall make the application available for public inspection atthe Department's central office and at the appropriate regional office of the Department's Division of Environmental Quality. The Director shall make available for pubLi.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. Novariance shall be issued or denied until the Directorhas considered the relative interests of the applicant, otherpersons and property affected by the variance and thepublic. Any variance grantedpursuant to this section shall be for a period specifiedby the Director but notmore than one (1) year. Novariance shall be issued ordenied without a writcen order stating the findings upon**~hich** the decision is based. (3-1-93) 05. Applicant to Bear Costs. The cost ofpublic 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. (RESERVED)

. 500. ROUTING OFHAZARDOUS WASTE SHIPMENTS. (7-1-93) 01. Transporting. Any person transporting a quantity of hazardous waste which requires a manifest sha11, 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.,;**;~'.**

02. Director's Conditions. The Director may, upon a finding that a shipment or shipments ofhazardous 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)

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# Ie 800. INSPECTION PLAN -- FREQUENCY LEVELS. The Departmentmay, as time and resources permit, conduct regular inspections of persons or entities subject 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 oroffsite generatorTSD facilities or sites, up to every day. (3-6-91) 02. Generator On-site TSD Facilities. Generator on-site TSDfacilities or sites -- up to twenty (20) times per year. (3-1-93) 03. TransportVehicles. Transportvehicles 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~** orthese rules. The Director may by policy guidance memorandum modify the inspection frequency levels as necessary for the effective or effic i.ent; enforcement ofHWMA 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 orused for the purpose ofcomplying 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.:. J. -,.:".

makes a false statement or representation of the type described above is, in addition to civil penalties, subject; to criminal prosecution for the commission ofa 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 anypermit, 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 ofcontinuing**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 ofa misdemeanor for each separate violation and for eachday of a continuing violation. (3-1-93) 851. 899. (RESERVED) .



### (,

# •. 900. EXPENDITURES FROMHAZARDOUS 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 Departmentmay spend or obligate to be spent up to two hundred thousand dollar-s ($200,000) from the Hazardous Waste EmergencyAccount and from the Hazardous WasteTraining, 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 ofmore 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 pubLic 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** ofHealth and**t~elfare** Rules section IDAPA 16.05.03.000. et seq., "Rules Governing Contested Cases and Declaratory Rulings." (2-11-94) 997. CONFIDENTIALITY OFRECORDS. Any disclosure of information obtained bythe Department is subject to the restrictions contained in Idaho Department ofHealth andWelfare 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. ofthis chapter. ,(4-15-96)T
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# • 998. INCLUSIVE GENDER AND NUMBER. For the purposes of these rules, words used inthemasculinegender also include the feminine and neutergender, 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. Theprovisions ofthese rules are severable and ifa 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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