APPEND IX XII 

,,-,~ UU4!J('.' State of Idaho ',dAM

Department of Administration 

Office of the Administrative Rules Coordinator 

C.L. "BUTCH" OTfER 650 West State Street 

Governor P.O. Box 83720 


TERESA LUNA 
 Boise. lD 83720-0306 


Director 
 Telephone (208) 332-1820 


DENNIS STEVENSON 
 FAX (208) 332-1896 


Rule-s Coordinator 
 http://adm.idaho.gov/adminrulesl 

TO: 	 John Brueck 


Department of Environmental Quality 


FROM: Dennis Stevenson ".--..~,darA" I~. .~~ Administrative Rules Coordinator 


DATE: 	 May 25, 2011 

RE: 	 Publication of the Administrative Rules of the Department of Environmental 

Quality in the 2011 Idaho Administrative Code 

This letter certifies that the administrative rules of the Department of Environmental 

Quality have been promulgated in compliance with the provisions of Title 67, Chapler 

52, Idaho Code, and have been published in the 2011 Edition of the Idaho Administrative 

Code. 

The 20 II Idaho Administrative Code was officially published upon the conclusion of the 

First Regular Session of the 61 Sf Idaho Legislature pursuant to Section 67-5204, Idaho 

Code. 
Table of Contents 


58.01.05· Rules and Standards for Hazardous Waste 

000. Legal Authority .................................................................... " .... , ....................... 2 


001. Title................................... , ............. , .... ,.,', ..................... " ................................. 2 


002, Incorporation By Reference Of Federal Regulations. ....................................... 2 


003. Definitions................................................................ , ........................................ 2 


004. Hazardous Waste Management System. ......................................................... 3 


005. Identification And listing Of Hazardous Waste. ................................................ 3 


006. Standards Applicable To Generators Of Hazardous Waste. ............................ 6 


007. Standards Applicable To Transporters Of Hazardous Waste. .......................... 6 


008. Standards For Owners And Operators Of Hazardous Waste Treatment. Storage 


And Disposal Facilities. .. ......................................... , ........................................ 6 


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


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


010. Standards For The Management Of Specific Hazardous Wastes And Specific 


Types Of Hazardous Waste Facilities .............................................................. 7 


011. Land Disposal Restrictions. .. ............................................................................ 7 


012. Hazardous Waste Permit Program. .. ................................................................ 7 


013. Procedures For Decision-Making (State Procedures For RCRA Or HWMA Permit 


Applications). ................................................................................................... 7 


014. (Reserved) ......................................................................................................... 7 


015. Standards For The Management Of Used Oil. ................................................. 7 


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


017. 	Criteria For The Management Of Granular Mine Tailings (CHAT) In Asphalt 


Concrete And Portland Cement Concrete In Transportation Construction 


Projects Funded In Whole Or In Part By Federal Funds. .. .............................. 8 


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


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


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


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


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


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


500. Routing Of Hazardous Waste Shipments. ........................................................ 9 


501. -- 799. (Reserved) ............................................................................................ 10 


800. Inspection Plan -- Frequency Levels. .............................................................. 10 


801. -- 849. (Reserved) ............................................................................................ 10 


850. Illegal Actions. ................................................................................................. 10 


851. -- 899. (Reserved) ............................................................................................ 10 


900. Expenditures From Hazardous Waste Emergency Account. .......................... 10 


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


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


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


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


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


Page I 	 lAC 2011 
IDAPA 58 


TITLE 01 


CHAPTER 05 


58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE 

000. LEGAL AUTHORITY. 


These rules are adopted pursuant to the authority vested in the Board of Environmental Quality by the Hazardous 


Waste Management Act of 1983, as amended (HWMA), Sections 39-4401 et seq., Idaho Code, and the authority 


vested in the Director of the Department of Environmental Quality by the Hazardous Waste Facility Siting Act of 


1985, as amended, Sections 39-5801 et seq., Idaho Code. (3-30-07) 


001. TITLE. 


These rules shall be known as Idaho Department of Environmental Quality Rules, IDAPA 58.01.05, "Rules and 


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


002. INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS. 


Any reference in these rules to requirements, procedures, or specific forms contained in the Code of Federal 


Regulations (CFR), Title 40, Parts 124, 260 - 268, 270, 273, 278, and 279 shall constitute the full adoption by 


reference of that part and Subparts as they appear in 40 CFR, revised as of July I, 2010, including any notes and 


appendices therein, unless expressly provided otherwise in these rules. (4-7-11) 


01. Exceptions. Nothing in 40 CFR Parts 260 - 268, 270, 273, 278, 279 or Part 124 as pertains to 

permits for Underground Injection Control (u.I.e.) 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. (5-8-09) 

02. Availability of Referenced Material. The federal regulations adopted by reference throughout 

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

a. U.S. Government Printing Office; and 	 (4-7-11) 

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

and (7-2-97) 

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

(7-2-97) 

003. DEFINITIONS. 


F or the purpose of these rules and any materials incorporated herein by reference, the following definitions apply 


unless their application would be inconsistent with the Hazardous Waste Management Act, or unless these rules 


expressly provide for different definitions. (3-1-93) 


01. Board. The Idaho Board of Environmental Quality. 	 (6-10-88) 

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

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

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

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

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

05. Environmental Appeals Board. When used in the context of 40 CFR, the definition shall be the 

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

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

(3-15-02) 

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IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 

Department ofEnvironmental Quality Rules & Standards for Hazardous Waste ~------------~--~--~----------------

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

context of 40 CFR. the dcfinition shall be the Idaho Department of Environmental Quality. except when used to refer 

to an EPA Identification number, EPA hazardous waste number, EPA forms, publications or guidance. and EPA 

Acknowledgment of Consent. and where noted in these rules. Under the larter circumstances, the definition shall be 

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

appropriate. When used in the context of these rules, the definition shall be the U.S. Environmental Protection 

Agency. (3· I 5·02) 

07. 	 HWF·SA. The Hazardous Waste Facility Siting Act of 1985, Sections 39·5801 et seq., Idaho Code. 

(3·1.93) 

08. 	 HWMA. The Hazardous Waste Management Act of 1983, Sections 39-4401 et seq., Idaho Code. 

(3-1·93) 

09, lDAPA. The Idaho Administrative Procedures Act, Title 61, Chapter 52, Idaho Code. 	 (3·1-93) 

10, ReRA. When used in the context of40 CFR, the definition shall be the comparable sections ofthe 

Hazardous Waste Management Act of 1983, Sections 39-4401 et seq., Idaho Code. When used in the context ofthese 

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

(7-1·97) 

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

shall be the Direclor of Ihe Idahu Department of Environmental Quality, or his designee, except where noted in these 

rules. 'When used in the context of these rules, the definition shaH be the U.S. Environmental Protection Agency 

Administrator or Region JO Regional Administrator as appropriate. (3-15-02) 

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

13. United State, or U.S. When used in the context of 40 CFR. the delinition shall be the state of 

Idaho. except where noted in these rules. When used in the context ofthese rules, the definition shall be the United 

States. (7-1·97) 

004. HAZARDOUS WASTE MANAGEMENT SYSTEM. 


40 CFR Part 260 and all Subparts, except 40 CFR 260.2, are herein incorporated by reference as provided in 40 CFR, 


revised as of July I, 2010. For purposes of 40 CPR 260. I 0, in the definition of hazardous waste constituent, 


"Administrator" shall be defined as the U,S. Environmental Protection Agency Administrator. For purposes of 40 


CFR 260.20, "Federal Rcgister" shall be defined as the Idaho Administrative Bulletin. (4·7· I J) 


005. IDIlNHFICATION AND LISTI!'IG OF HAZARDOUS WASTIl. 


40 CFR Part 261 and all Subparts. except the language "in the Region where the sample is collected" in 40 CPR 


261.4(e)(3)(iii), are herein incorporated by reference as provided in 40 CFR, revised as ofJuly I, 2010. For purposes 


of 40 CFR 261.10 and 40 CFR 261.11, "Administrator" shall be defined as the U.S. Environmental Protection 


Agency Administrator. For purposes of 40 CFR 261,41(a), Regional Administrator shall be defined as U.s. 


Environmental Protection Agency Region 10 Regional AdmInistrator. Copies of advance notification required under 


this section should also be sent to the Director. For purposes of40 CFR 261.4(b)(1 I Xii), 40 CPR 261.39(a)(5), and 40 


CFR 261 Appendix IX, "EPA" shall be defined as the U.S. Environmental Protection Agency. (4·7-11) 


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

Envirosafe Services of Idaho, Inc. (ESII) at ESH'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 D or Subtitle C landfill is excluded from the lists of 

hazardous wasle provided ESII implements a program that meets the following conditions: (3- I 6-96) 

a. Verification Testing Requirements. Sample Collection and analyses, including quality control 

procedures, conducted pursuant to Subsections 005.0I.b. and 005.0I.e.• must be performed according to SW-846 

methodologies and the RCRA Part B permit, including future revisions. (3·16-96) 

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IDAHO ADMINISTRATIVE CODE JDAPA 58.01.05 

Department of Environmental Quality Rules & Standards for Hazardous Waste 

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

i. For purposes of Subsections 005.01,b,~ "new source" shall mean any generator of Electric Arc 

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

waste has not previously been processed by ESII using the Super Dctox(R} treatment process resulting in processed 

EAFD which has been subjected to initial verification testing and has demonstrated compliance with the deli sting 

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

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

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

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

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

iIi, The tirst four (4) consecutive batches treated must be sampled in accordance with Subsection 

005,01. •. Each of the four (4) samples shall be analyzed to delcrmine if Ihe CSEAFD generated meets the deli sting 

levels specified in Subsection 005.0 I,d, (3-16-96) 

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

specified in Subsection 005,Ol.d., ESII shall submit the operational and analytical test data, including quality control 

information. to the Department, in accordance with Subsection 005,01.f. Subsequent to such data submittal, the 

CSEAFD generated from EAFD originating from Ihe new source shall be considered delisted. (3-16-96) 

v. CSEAFD generated by ESll from EAFD originating from a new source shall be managed as 

hazardous waste in accordance with Subtitle C of RCRA until: (3-16-96) 

(I) Initial verification testing demonstrates that Ihe CSEAPD meets the delisting levels specified in 

Subsection 005.0Ld.; and (3-16-96) 

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

005,01.b.iv. (3-16-96) 

vi. For purposes of Subsections 005.0Lb, and 005,0I.e., "balch" shall mean Ihe CSEAFD which 

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

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

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

with Subsection 005,01.a., from each batch of CSEAFD generated by ESII, ESII may, al its discretion, conducl 

subsequent verification testing on composite samples, In no event shall a composite sample consist of representative 

samples from more than twenty (20) batches ofCSEAFD. (3-16-96) 

ii, The samples shall be analyzed prior 10 disposal of each batch of CSEAFD to determine if Ihe 

CSEAFD meets the delisting levels specified in Subsection 005.01.d. (3-16-96) 

iii, Each batch of CSEAFD generated by ESIl shan be subjected to subsequent verifiealion tesling no 

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

IV. Ifthe levels of constituents measured in a sample, or composite sample, ofCSEAFD do not exceed 

the levels set forth in Subsection 005.0Ld., then any batch ofCSEAFD which contributed to the sample that does not 

exceed the levels set forth in Subsection (}o5.0Ld, is non~hazardous and may be managed andJor disposed of in a Subtitle D or Subtitle C landfill. (3-16-96) 

v. If the constituent levels in a 5ample~ or composite sample} exceed any of the delistlng levels set 

forth in Subsection 005.0Ld.. 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 

Page 4 lAC 2011 
IDAHO ADMINISTRATIVE CODE IDAPA 58.1)1.1)5 

Department ofEnvironmental Quality Rules & Standards for Hazardous Waste 

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

(I) 	 Retested. and retreated if necessary, until it meets the levels set forth in Subsection 005.0 l.d.; or 

(3-16-96) 

(2) Managed and disposed of in accordance with Subtitle C of RCRA. 	 (3-16-96) 

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

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

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

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

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

antimony 0.06 ! mercury 0.009' 

arsenic 0.50 nickel 1 --_. 

barium 7.60 selenium 0.16 : 

beryllium omo silver 0.30 

cadmium 0.050 thallium 0.020 

chromium 0.33 i vanadium 2 

lead 0.15 zinc 70 : 

(3-16-96) 

H. Metal eoncentrations must be measured in the waste leachate by the method specified in 40 CFR 

Part 261.24. (3-16-96) 

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

i. If ESII makes a decision to modify the Super Detox{R) treabnent process from the description of 

the process as set forth in ESlI's Petition for Delisting Treated K061 Dust by the Super Detox(R) Prcx:ess submitted 

to the Department on July 14, 1995, ESII shall notify the Department in writing prior to implementing the 

modificalion. (3-I 6-96) 

il. After ESU's receipt of written approval from the Department, and subject to any conditions 

included with the approv.I, ESII may implement the proposed modification. (3-16-96) 

iii. ffESH modifies its treatment process without first receiving written approval from the Department, 

this exclusion of waste will be void from the time the process was modified, (3-16-96) 

iv. ESII's Petition for Dclisting Treated K06 I Dust by the Super Detox(R) Process submitted to the 

Dep.rtment on July 14, 1995 is available at the Department of Environmental Quality, Permits .nd Enforcement, 

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

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

L Records of disposaJ site. operating conditions and analytical data from verification testing must be 

compiled, summarized. and maintained at ESII'g Grand View facility for a minimum of five (5) years from the date 

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

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

EPA. (}. I 6-96) 

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IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 

Department ofEnvironmental Quality Rules & Standards for Hazardous Waste ~-----------------------

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. AU records or data submitted to the Department must be accompanied by a signed copy of the 

foHowing certification statement to attest to the truth and accuracy of the records or data submitted: "Under civil and! 

or crimina! penalty of law for the making Of submission of false or fraudulent statements Of representations, I certify 

that the infomlation contained in or accompanying this document is truej accurate, and complete. As to any identified 

sections 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 infonnation is detennined by the 

Department in its sole discretion to be false, inaccurate, or incomplete, and upon conveyance of this fact to ESII. I 

recognize and agree that this exclUSion of waste will be void as if it never had effect or to the extent directed by the 

Department and that ESll will be liable for any actions taken in contravention of ESlI's RCRA and CERCLA 

obligations premised upon ESn '5 reliance on the void exclusion." (3~ 16-96) 

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

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

Services ofIdaho, Inc. (ESII) to US Ecology Idaho. Inc. effe<:tive May 1,2001. All references to Envirosafe Services 

of Idaho, Inc, or ESII now refer to US Ecology Idaho, Inc. (3·15-02) 

006. STANDARDS APPLICABLE 10 GENERATORS OF HAZARDOUS WASTE. 

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

Region in which the generator is located" in 40 CFR 262A2(a){2) and 40 CFR 262.42(b). are herein Incorporated by 

reference as provided in 40 CFR. revised as of July 1,2010, For purposes of 4(l CFR 262,55, 262.56, and 262.57(b), 

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

Copies of advance notification, annual reports, and exception reports, required under those sections, shall also be 

provided to the Director For purposes of 40 CFR 262,21, 262,51, 26253, 26254{e), 26254(g)(I), 262,60, and 

262,85(g), EPA shall be defined as the U,S, Environmental Protection Agency, For purposes of 40 CFR Part 262 

Subparts E, F, H, and 40 CFR 26204l(a)(4), "United States or U,S!' shall be defined as the United States, (4-7-11) 

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

265.56(d)(2), 262,34{d){5)(iv)(C), (see 40 CFR 262J4(a){4», 263.30{c)(l), and 26456(d){2), the emergency 

coordinator must also immediately notify the State Communications Center by telephone, 1-800-632·8000. to file an 

identical report, (3·1S·02) 

007. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE. 


40 CFR Part 263 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as of July I, 


2010, For purposes of40 CFR 26320{g), 263.20{g)(1), 263,20(g){4), 263,21(a){4). and 263.22(d), "Umted States" 


shall be defined as the United States, (4-7-11) 


008. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 


STORAGE AND DISPOSAL FACILITIES. 


40 CFR Part 264 and all Subparts (excluding 40 CFR 264,1(1), 264,149, 264.150. 264.301(1). 264J030(d), 


264J050(g). 264J080(e), 264,1080(1) and 264, 1080(g)) are herein incorporated by reference as provided in 40 CFR, 


revised as of July 1,2010, For purposes of 40 CFR Subsection 264J2(a), "Regional Administrator'" shall be defined 


as the U.S, Environmental Protection Agency Region 10 Regional Administrator, For purposes of 40 CFR 


264,71{a)(3) and 264, I082{c)(4){ii), "EPA" shall be defined as the U.S. Environmental Protection Agency. (4-7-11) 


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


mEATMENT, STORAGE AND DISPOSAL FACILITIES. 


40 CFR Part 265, and all Subparts (excluding Subpart R, 40 CFR 265,I{c)(4), 265,149, 265.150, 265.I030{c), 


265,1 050(1),265, 1080(e), 265, 10S0(1), and 265.10S0{g» and except the language contained in 40 CFR 265.340(b)(2) 


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


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IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 

Department ofEnvironmental Quality Rules & Standards for Hazardous Waste 

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

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

provided in 40 CFR, revised as of July I, 2010. For purposes of 40 CFR Subsection 265.12(0), "Regional 

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

purposes of 40 CFR 265.71(0)(3) and 265.1083(0)(4)(iO, "EPA" shall be defined as the U.S. Environmental 

Protection Agency. (4-7-1I) 

010. STANDARDS FOR THE MANAGEMENT OF SPECIf'IC HAZARDOUS WASTES AND 


SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES. 


40 CFR Part 266 and all Subparts are herein incorporated by reference as provided in 40 CFR, revise<.! as of July I, 


2010. (4-7-11) 


011. LAND I)lSPOSAL RESTRICTIONS. 


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


2010, except for 40 CFR 268. 1 (e)(3), 268.5, 268.6, 268.13. 268A2(b), and 268.44(a) through (g). The au!honty for 


implementing the proYlsions ofthese excluded sections remains with the EPA. However, the requirements ofSections 


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


the federa1 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 same case-by-case variance to the equivalent requirement of these rules, For 


purposes of 40 CFR 268.(Z)(j) "EPA" shall be defined as the UB. Environmental Protection Agency. For purpose, of 


40 CFR 268.40(b), "Administrator" shall be defined as U.S. Environmental Protection Agency Administrator. In 40 


CFR 268,7(a)(9}(iii}. "D009" is excluded, (from lab packs as noted in 40 CFR Part 268 Appendix IV.) In 40 CFR 


268.48(a), the entry for "2,4,6-Tribromophenol" is excluded. (4-7-11) 


012. HAZARDOUS WASTE PERMIT PROGRAM. 


40 CFR Part 270 and all Subparts, except 40 CFR 270,12(a) and 40 CFR 270.14(b)(IS). are herein incorporated by 


reference as provided in 40 CFR, revised as of July 1,2010. For purposes of 40 CFR 270.2, 270.5, 270.10(e)(2), 


270.10(e)(3), 270.10(f)(2), 270.10(1)(3), 270.IO(g). 270.1 I(a){3), 270.32(.), 270.32(b)(2). 27032(c). 270.51. 


270.72(.)(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. (4-7-II) 


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


PERMIT APPLICATIONS), 


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


1,20]0, except that 40 CFR 124.19, the fourth 'cntence of 40 CPR 124.3I(a), the third 'entence of 40 CFR 


124.32(.). and tbe second sentence of 40 CFR I 24.33(a} are expressly omitted from !he incorporation by reference of 


each of those subsections. For purposes of 40 CFR I 24.6(e), 124.l0(b), and 124.10(c)(I)(ii) "EPA" and 


"Administrator" or "Regional Administrator" shan be defined as the U.S. Environmental Protection Agency and the 


U.S, Environmental Protection Agency Region 10 Regional Admimstrator, respectively, (4-7,11) 


014. (RESERVED). 


015, STANDARDS FOR THE MANAGEMENT OF USED OIL. 

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 1,2010. For purposes of40 CFR 279.43(c)(3)(Ji) "Director" shall 

be defined as the Director, U.S.DOT Office of Hazardous Materials Regulation. (4-7-11) 

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 petitton EPA to allow the lise of used oil as a dust suppressant. 

Members ofthe public may petition the State to make this application to EPA. This petition to the State must: 

(2-11-94 ) 

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

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

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Department ofEnvironmental Quality Rules & Standards for Hazardous Waste 

b. Demonstrate how the requirements of 40 eFR 279.82(b) will be met. (2-11-94) 

016. STANDARDS FOR UNIVERSAL WASTE MANAGEMENT. 


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


20 I O. For purposes of 40 CPR 273.32(a)(3), "EPA" shall be defined as the U.S. Environmental Protection Agency. 


(4-7-11) 

017. CRITERIA FOR THE MANAm:MENT OF GRANULAR MINE TAILINGS (CHAT) IN ASPHALT 

CONCRETE AND PORTLAND CEMENT CONCRETE IN TRANSPORTATION CONSTRUCTION 

PROJECTS FUNDED IN WHOLE OR IN PART BY FEDERAL FUNDS. 

40 CFR Part 278 and all Subparts are herein incorporated by reference as provided in 40 CFR, reVIsed as of July L 

2010. (4-7-11) 

018. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES 


OPERATING UNDER A STANDARDIZED PERMIT. 


40 CFR Part 267 and all Subparts are herein incorporated by reference as provided in 40 CFR, reviS<ld as of July I, 


2010. (4-7-11) 


019. - 354. (RESERVED). 

355. HAZARDOUS WASTE FACILITY SITING LICENSE FEE. 


An application for a siting license required by HWFSA shall be accompanied by a siting license fee in an amounl 


established by these rules. The licensc fec shall not exceed seven thousand five hundred dollars ($7,500) and shaH be 


submitted with the siting license application. (3-1-93) 


0.1. License Fee Criteria. The siting license fee required by HW1:SA and these rules shall be based on 

the costs to the Department of reviewing the siting license application and the characteristics of the proposed 

hazardous waste facility, including the projected site size! projected waste volume, and the bydrogeological 

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

ll. "Projected Waste Volume" means the total actual or potential hazardous waste volume, in gaJlons 

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 CFR 260.10). (7-1-97) 

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 10,000 10,000 - 20,000 More Than 20,000 I 

1 acre or greater $3,000 $4.000 $7,500 

: Equal to or greater than 112 acre, 

but less than 1 acre $4.000 $5.000 $7.500 

less than 1/2 acre $5.000 $6,000 $7.500 

(7-1-97) 

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

For any proposed commercial hazardous: waste disposal, treatment or storage facility or anyon-site land disposal 

facility for wastes listed pursuant to Section 201(dX2) and (e), as modified by Section 209 of the Federal Hazardous 

and Solid Waste Amendments of 1984, which must submit engineering or hydrogeological infonnatton to indicate 

compliance with technical c-riterta as adopted In the Hazardous Waste Management Plan, the siting license fee shaH 

be seven thousand five hundred dollars ($7,SOO). (3-1-93) 

Page 8 lAC 2011 
•• 

IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 


Department ofEnvironmental Quality Rules & Standards for Hazardous Waste 


04. Expansion, Enlargement or Alteration of a Commercial Hazardous Waste Disposal, 

Treatment or Storage Facility or Any On··Site Land Disposal Facility for Wastes Listed Punuant to Section 

201(D)(2) and (E), as Modified by Section 209 of the Hazardous and Solid Waste Amendments of 1984. The 

significant expansion, enlargement or alteration of a hazardous waste treatment, storage or disposal facility in 

existence on July ), 1985, constitutes a new proposal for which a siting license is required and for which a siting 

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

05. Siting Licen •• Fe. Nonrefundable. The siting license fee required by these nlles shall be 

nonrefundable and may not be applied toward any subsequent application should the siting license application be 

cancelled or withdrawn, or denied. (3-1-93) 

356. VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES. 

01. Application Contents and Standard of Review. Applications for variances shall be submitted in 

triplicate and shall contain such detailed plans, specifications, and information regarding objectives, procedures. 

controls, and other pertinent data as the Director may require. A variance shall not exceed one (1) year in duration. 

The Director may grant a variance only if the applIcant demonstrates to the Director's satisfaction that construction 

and operatjon oftne TSD facility or site in the manncr allowed by the variance and any tenn Of condition imposed as 

part ofthe variance: (6-10-88) 

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

h. Is not inconsistent with EPA requirements; and (6-10-88) 

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

02. Public Hearings. The Director may hold a public hearing on an initial application for a variance 

and shall hold a public hearing on any application to renew or extend a variance. 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 detennines that a different location would be more appropriate and convenient for interested 

members of the public. The Director shall give at least twenty (20) days' notice of the hearing to the applicant by 

certified maH 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 complete record of the testimony and the evidence submitted .tthe hearing. (6-I 0-88) 

03. Public Information. All infonnation submitted as part of a variance application shaH be treated as 

public information and shall not be subject to any claim of confidentiality. The Director shall make the application 

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

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

appHcations 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 shaH be for a period speclfied by the Director but not more than one (J) year, No 

variance shall be issued or denied without a written order stating the findings upon which the decision is based. 

(3·1-93) 

05. AppJicant 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. (RESERVED). 

500. ROUTING OF HAZARDOUS WASTE SHIPMENTS. 

01. l'ransporting. Any person transporting a quantity of hazardous waste which requires a manifest 

shall, to the extent possible: (6-10-88) 

roge 9 lAC 2011 
IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 

Department of Environmental Quality Rules & Standards for Hazardous Waste 

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) 

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

hazardous waste constitutes a greater than nonnat 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). 

800. INSPECTION PLAN - FRIlQm:NCY LEVELS. 


The Department may, 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) 


0[, Commercial TSD Facilities. Commercial TSD facilities or sHes 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) 

timesperyeat (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) 

OS. Generators. Generators -- up to twelve (12) times pcr year. (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 

HWMA or these rules. The Director may by policy guidance memorandum modify the inspection frequency levels as 

necessary for thc effective or efficient enforcement of HWMA and these rules, (3-1-93) 

801. - 849. (RESERVED). 

850. ILLEGAL ACTIONS. 

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

in any application, tabel, manifest, record, report, pennit 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 

makes a false statement or representation of the type described above is, in additIon to civil penalties, subject to 

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

02. Failure to Comply with Thes. Rules, the HWMA, or Other Requirements, Any person who 

violates these rules) HWMA, or any pennit, standard, condition, requirement, compliance agreement or order issued 

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

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

described above is! to 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 EMERGE1IICY ACCOU1IIT. 


The Director may declare a hazardous waste emergency ifthe public health, safety or the environment are threatened 


Page 10 lAC 2011 
IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 

Department of Environmental Qualily __ ___ ..____ R_u_les_&_S~a_n_dar_ds_f()r_H_azardous Waste 

by a release or threat of release of a hazardous waste or a substance which has become a hazardous waste. Following 

a hazardQus waste emergency declaration, the Department may spend or obligate to be spent up to two hundred 

thousand dollars ($200.000) from the Hazardous Waste Emergency Account to obtain equipment and materials, 

conduct investigations, test samples, and employ personnel as necessary or eliminate or mitigate the immediate threat 

and stabilize the situation. The Director may authorize the expenditure Of obligation of more than two hundred 

thousand dollars ($200,000) from this account 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. (5-3-03) 

901. -- 995. (RESERVED). 

996. ADMINISTRATIVE I'ROVISIOC'iS. 


Administrative appeals of agency actions shall be governed by IDAPA 58.01.23, "Rules of Administrative Procedure 


Before the Board of Environmental Quality." (4-6-05) 


997. CONFIDENTIALITY OF RECORDS, 


Infonnation obtained by the Department under these rules shaH be disclosed to the public in accordance with Chapter 


3, Title 9, Idaho Code, Information submitted under a trade secret claim may be entitled to confidential treatment by 


the Department as provided in Section 9-342A, Idaho Code, and IDAPA 58.01.21, "Rules Governing the Protection 


and Disclosure of Records in the Possession of the Idaho Department ofEnvironmental Quality." (4-5-00) 


998. INCLUSIVE GENDER AND l'iUMBER. 


For the purposes ofthese rules, words used in the masculine gender aiso include the feminine and neuter genderj 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 ofthe remaining provisions. (6-10-88) 


Page II lAC 2011 
Subject Index 


A 

Applicant to Bear Costs, Variance 


Applications for TSD Facilities or 


Sites 9 


Application Contents & Standard of 


Review, Variance Applications for 


TSD facilities or Sites 9 


Availability ofReferenced Material 2 


C 


Commercial TSD facilities. inspection 


Plan - Frequency Levels 10 


Conduct Inspections, Inspection Plan -­


frequency levels !O 


Criteria For The Management Of 

Granular Mine Tailings (CHAT) Tn 

Asphalt Concrete & Portland Cement 

Concrete In Transportation 

Construction Proje<:ts Funded Tn 

\Vholc Or In Part By Federal 

Funds 8: 

D 

Definitions,lDAPA 58.0\'05 


Board 2 


CFR 2 


Environmental Appeals Board 2 


HWFSA, Hazardous Waste Facility 


Siting Act 3 


HWMA, Hazardous Waste 


Management Act 3 


RCRA, The Resource Conservation 


& Recovery Act 3 


Regional Administrator 3 


TSD, Treatment, Storage or 


Disposal 3 


U.S. 	 Environmental Protection 


Agency or EPA 3 


United States or U.S 3 


Director's Conditions, Routing of 


Hazardous Waste Shipments 10 


Director's Decision, Variance 


Applications for TSD Facilities or 


SItes 9 


E 


Excluded Wastes, Identification & 


Listing of Hazardous Waste 3 


Expansion, Enlargement or Alteration 


ofa Commercial Hazardous Waste 


Disposal, Treatment or Storage 


facl{ity 9 


Expenditures From Hazardous Wasle 


Emergency Accounts 10 


11 


Failure to Comply With These Rules, 


The HWMA, or Other Requirements, 


lHegal Actions 10 


False Statements or Representations. 


lllegal Actions 10 


G 

Generator Emergency :'\totificatlon, 


Standards Applicable to Generators 


of Hazardous Waste 6 


Generator On~Site TSO Facilities, 


Inspection Plan -- Frequency 


Levels 10 


Generators. Inspection Plan *~ 

Frequency Levels 10 


H 

Hazardous Waste facility Siting 


License Fee 8 


Hazardous Waste Management 


System 3 


Hazardous Waste Perrott Program 7 


I 


Identification & Listing Of HazArdous: 


Waste 3 


Illegal Actions 10 


Incorporation By Reference Of Federal 


Regulations 2 


]nspection Plan -- Frequency 


Levels 10 


Interim Status Standards For Owners & 


Operators Of Haz.ardous Waste 


Treatment, Storage & Disposal 


Facilities 6 


L 

Land Disposal Restrictions 7 


Ucense Fee Criteria, Hazardous Waste 


Facility Sitmg License Fec 8 


License Fee for Facilities ReqUIred to 


Submit Engineering or 


Hydrogeological Information, 


Hazardous Waste facility Siting 


License Fee 8 


License Fcc Scale, Hazardous Waste 


Facility Siting License Fee 8 


p 

Procedures For Decision·Making (State 


Pmcedures For RCRA Or HWMA 


Pennit Applications) 7 


Public Hearings, Variance Applications 


for TSD Facilities or Sites 9 


Pubhc lnfonnation, Variance 


Applications for TSD Facilities Of 


Sites 9 


R 


Routing Of Hazardous Waste 


Shipments. 9 


S 

Siting License Fee Nomefundable, 

Hazardous Waste Facility Siting 


License Fee 9 


Standards Applicable To Generntors Of 


Hazardous Waste 6 


Standards Applicable To Transporters 


Of Hazardous Waste 6 


Standards For Owners & O~rators Of 


Hazardous Waste Facilities Operating 


Under A Standardized Pennit 8 


Standards For Owners & Operators Of 


Hazardous Waste Treatment, Stornge 


& Disposal Facilities 6 


Standards For The Management Of 


Specific Hazardous Wastes & 


Specific Types Of Hazardous Waste 


Facilities 7 


Standards For The Management Of 


Used Oil 7 


Standards For Universal Waste 


Management 8 


T 


Transport Facilities. Inspection pran 


Frequency Levels 10 


Transport Vehicles, Inspection Plan-­


Frequency Levels 10 


Transporting, Routing of Hazardous 


Waste Shipments 9 


U 

Used Oil as a Dust Suppressant, 


Management of Used Oil 7 


V 


Variance Applicarions For TSD 


Facilities Or Sites 9 


Page 12