# • IDAHO ADMINISTRATIVE CODE July 2002 - Volume 9

Official Publication ofthe State of Idaho Published by the Department of Administration Office of Administrative Rules 

# •

The Idaho Administrative Code is published annually by the Office ofthe Administrative Rules Coordinator, Department ofAdministration, Statehouse Mail, Boise, Idaho 83720-0306, pursuant to Title 67, Chapter 52, Idaho Code. Dirk Kempthorne, Governor Pamela I. Ahrens, Director, Department of Administration Rick Thompson, Administrative Rules Coordinator Dennis Stevenson, Assistant Rules Coordinator, Editor Karen Gustafson, Assistant Rules Coordinator, Editor

Edward Hawley, Data Analyst, Production Assistant Cover Photo Courtesy of the City of Boise Printed by Meridian Quality Copy & Print, Inc., Meridian, Idaho 

# • Internet Address: http://www2.state.id.us/adm/adminrules/

# • 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 7 009. INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES 7 010. 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. INTERIM STATUS SURFACE IMPOUNDMENTS 7 

# • 015. STANDARDS FOR THE MANAGEMENT OF USED OIL. 8 016. STANDARDS FOR UNIVERSAL WASTE MANAGEMENT 8 017. -- 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 10 501. -- 799. (RESERVED) 10 800. INSPECTION PLAN -- FREQUENCY LEVELS 10 801. -- 849. (RESERVED) 10 850. ILLEGAL ACTIONS 10 851. -- 899. (RESERVED) 11 900. EXPENDITURES FROM HAZARDOUS WASTE EMERGENCYACCOUNTS 11 901. -- 995. (RESERVED) 11 996. ADMINISTRATIVE PROVISIONS 11 997. CONFIDENTIALITY OF RECORDS 11 998. INCLUSIVE GENDER AND NUMBER 11 999. SEVERABILITY 11 

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58.01.05 • RULES AND STANDARDS FOR HAZARDOUS WASTE

000. LEGAL AUTHORITY. These rules are adopted pursuant to the authority vested in the Board ofEnvironmental Quality by the Hazardous Waste Management Act of 1983 (HWMA), Sections 39-440I et seq., Idaho Code, and the authority vested in the Director ofthe Department ofEnvironmental Quality by the Hazardous Waste Facility Siting Act of 1985, Sections 39-580I et seq., Idaho Code. (3-1-93) 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, 260-266, 268, 270, 273, and 279 shall constitute the full adoption by reference ofthat part and Subparts as they appear in 40 CFR, revised as ofJuly I, 2001, including any notes and appendices therein, unless expresslyprovidedotherwise in these rules. (3-15-02) 01. Exceptions. Nothing in 40 CFR Parts 260 - 266, 268, 270, 273, 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 ofthe 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. (7-2-97) 02. Availability Of Referenced Material. The federal regulations adopted by reference throughout these rules are maintained at the following locations: (7-2-97) 'a. Superintendent ofDocuments, U.S. Government Printing Office, Washington, D.C. 20402, or U.S. Government Bookstore, Room 194, Federal Bldg., 915 Second Ave., Seattle, WA98174, (206)553-4270; and (7-2-97) 

### b. State Law Library, 451 W. State Street, P.O. Box 83720, Boise, ID 83720-0051, (208)334-3316; and (7-2-97)

c. DepartmentofEnvironmental Quality, 1410 N. Hilton, Boise, ID 83706-1255, (208)373-0502. (7-2-97) 003. DEFINITIONS. For the purpose ofthese 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 ofEnvironmental Quality. (6-10-88) 02. CFR. The United States Code ofFederal Regulations. (3-1-93) 03. Department. The Idaho Department ofEnvironmental Quality. (6-10-88) 04. Director. The Directorofthe Idaho Department ofEnvironmental Quality, or his designee. (12-31-91) 05. Environmental Appeals Board. When used in the context of40 CFR, the definition shall be the Idaho Board ofEnvironmental Quality except as set forth in Section 39-4413(2), Idaho Code, or exceptwhere noted in theserules. When used in the contextofthese rules, the definition shall be the U.S. Environmental Appeals Board. Page 2 

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### ofEnvironmental Quality forHazardous Waste (3-15-02) 06. U.S. Environmental Protection AgencyorEPA, EPA Headquarters, or EPA. When used in the context of40 CFR, the definition shall be the Idaho Department ofEnvironmental Quality, except when used to refer to an EPA Identification number, EPA hazardous waste number, EPA forms, publications or guidance, and EPA Acknowledgment ofConsent, and where noted in these rules. Under the latter circumstances, the definition shall be the U.S. Environmental Protection Agency and the Headquarters ofthe 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:.. (3-15-02) 07. HWFSA. The Hazardous Waste Facility Siting Act of 1985, Sections 39-5801 et seq., Idaho Code. (3-1-93) 08. HWMA. The Hazardous Waste ManagementAct of 1983, Sections 39-440 I et seq., Idaho Code. (3-1-93) 09. IDAPA. The Idaho Administrative Procedures Act, Chapter 52, Title 67, Idaho Code.	 (3-1-93) 10. RCRA. When used in the context of40 CFR, the definition shall be the comparable sections ofthe Hazardous WasteManagementAct 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 of40 CFR, the definition**~,** 

### shall be the Director ofthe Idaho Department ofEnvironmental Quality, or his designee, except where noted in these rules. When used in the context ofthese rules, the definition shall be the U.S. Environmental Protection Agency 

# • .', Administrator or Region 10 Regional Administrator as appropriate. (3-15-02) TSD. Treatment, storage or disposal. (6-10-88) 13. United States Or U.S. When used in the context of40 CFR, the definition 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 1, 2001. For purposes of 40 CFR 260.10, in the definition of hazardous waste constituent, "Administrator" shall be defined as the U.S. Environmental Protection Agency Administrator. For purposes of40 CFR 260.20, "Federal Register" shall be defined as the Idaho Administrative Bulletin. (3-15-02) 005. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. 40 CFR Part 261 and all Subparts, except the parenthetical, "(exceptas provided under 40 CFR 261.4(a)(17»," in the second sentence of40 CFR 261.2(c)(3), and exceptthe language "in the Region where the sample is collected" in 40 CFR 261.4(e)(3)(iii), are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1, 2001. 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 of40 CFR 261 Appendix IX, "EPA" shall be defined as the U.S. Environmental Protection Agency. (3-15-02) 01. Excluded Wastes. Chemically Stabilized Electric Arc Furnace Dust (CSEAFD) generated by Envirosafe Services ofIdaho, 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 ofin a Subtitle D or Subtitle C landfill is excluded from the lists of hazardous waste provided ESII implements aprogram that meets the following conditions: (3-16-96)

a. Verification Testing Requirements. Sample Collection and analyses, including quality control procedures, conducted pursuant to Subsections 005.01.b. and 005.01.c., must be performed according to SW-846 methodologies and the RCRA Part B permit, including future revisions. (3-16-96) 

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# o DepartmentofEnvironmental Quality for Hazardous Waste 

### b. Initial Verification Testing. (3-16-96) i. For purposes of Subsections 005.0l.b., "new source" shall mean any generator of Electric Arc Furnace Dust (EAFD), EPA and Idaho Department ofEnvironmental Quality Hazardous Waste No. K061, 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 Subsection 005.0l.d. (3-16-96) ii. 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) (I) The waste profile information; and (3-16-96) (2) The name and address ofthe generator. (3-16-96)

111. The first four (4) consecutive batches treated must be sampled in accordance with Subsection 005.01.a. Each ofthe four (4) samples shall be analyzed to determine if the CSEAFD generated meets the delisting levels specified in Subsection 005.0 J.d. (3-16-96) iv. Ifthe initial verification testing demonstrates that the CSEAFD samples meet the delisting levels specified in Subsection 005.0 J.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 the new source shall be considered delisted. (3-16-96)

v. CSEAFD generated by ESII from EAFD originating from a new source shall be managed. as hazardous waste in accordance with Subtitle C ofRCRA until:. (3-16-96) (I) Initial verification testing demonstrates that the CSEAFD meets the delisting levels specified in Subsection 005.0 J.d.; and (3-16-96) 

# o (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 005.0l.b. and 005.0J.c., "batch" shall mean the CSEAFD which results from 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 Subsection 005.0I.a., from each batch of CSEAFD generated by ESII. ESII may, at its discretion, conduct subsequent verification testing on composite samples. In no event shall a composite sample consist ofrepresentative samples from more than twenty (20) batches ofCSEAFD. (3-16-96) ii. The samples shall be analyzed prior to disposal ofeach batch of CSEAFD to determine if the CSEAFD meets the delisting levels specified in Subsection 005.0 J.d. (3-16-96)

111. Each batch ofCSEAFD 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. Ifthe levels ofconstituents measured in a sample, or composite sample, ofCSEAFD do not exceed the levels set forth in Subsection 005.0 J.d., then any batch ofCSEAFD which contributedto the sample that does not exceed the levels set forth in Subsection 005.0l.d. is non-hazardous and may be managed and/or disposed ofin 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 Subsection 005.0l.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

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### 58.01.05

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### ofEnvironmental Quality for Hazardous Waste to the sample must be: (3-16-96) (1) Retested, and retreated ifnecessary, until it meets the levels set forth in Subsection 005.0l.d.; or (3-16-96) (2) Managed and disposed ofin accordance with Subtitle C ofRCRA. (3-16-96) vi. Each batch ofCSEAFD 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 I.d. (3-16-96) 

### d. Delisting Levels. (3-16-96) i. All leachable concentrations for these metals mustnot exceed the following levels (mg/l):

t', 

# • antimony 0.06 arsenic 0.50 barium 7.60 beryllium 0.010 cadmium 0.050 chromium 0.33 lead 0.15 mercury 0.009

nickel 1 selenium 0.16 silver 0.30 thallium 0.020 vanadium 2 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. (3-16-96)



### e. Modification ofTreatment Process. (3-16-96) i. If ESII makes a decision to modify the Super Detox(R) treatment process from the description of the process as set forth in ESII'sPetition 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 implementing the modification. (3-16-96) ii. After ESII's receipt of written approval from the Department, and subject to any conditions included with the approval, ESII may implementthe proposed modification. (3-16-96)

1Il. IfESIImodifies its treatmentprocess'without first receiving written approval from the Department, this exclusion ofwaste will be void from the time theprocess was modified. (3-16-96) 

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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 Department 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. Records ofdisposal site, operating conditions and analytical data from verification testing must be compiled, summarized, and maintained at ESII's Grand View facility for a minimum offive (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. (3-16-96)

1Il. Failure to submit requested records or data within ten (l0) 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, sufficient basis to revoke the exclusion to the extent directedby the Department. (3-16-96) iv. All records or data submitted to the Department must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy ofthe records or data submitted: "Undercivil and! or criminal penalty oflaw for the making or submission offalse or fraudulent statements or representations, I certify that the information contained in or accompanyingthis document is true, accurate, and complete. As to any identified sections ofthis 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 undermy 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 ofthis fact to ESll, I 

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# o .,' recognize and agree that this exclusion ofwaste will be void as ifit never had effect or to the extent directed by the Department and that ESII will be liable for any actions taken in contravention of ESII's RCRA and CERCLA obligationspremised upon ESII's 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 ESII's facility merging with American Ecology. This created a name change from Envirosafe Services ofIdaho, Inc. (ESII) to US Ecology Idaho, Inc. effective May 1,2001. All references to Envirosafe Services ofIdaho, Inc. or ESII now refer to US Ecology Idaho, Inc. (3-15-02) 

### 006. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. 01. Incorporation By Reference. 40 CFR Part 262 and all Subparts, except for the language "forthe Region in which the generator is located" in 40 CFR 262.42(a)(2) and 40 CFR 262.42(b), are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1,2001. For purposes of40 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 of40 CFR 262.51,262.53, 262.54(g)(I), 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 262.41(a)(4), "United States or U.S." shall be defined as the United States. (3-15-02) 02. GeneratorEmergencyNotification. In addition to the emergency notification required by 40 CFR 265.56(d)(2), 262.34(d)(5)(iv)(C), (see 40 CFR 262.34(a)(4», 263.30(c)(I), and 264.56(d)(2), the emergency coordinatormust also immediately notify the State Communications Centerby telephone, 1-800-632-8000, to file an identical report. (3-15-02) 

### 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 ofJuly 1, 2001. For purposes of40 CFR 263.20(g), 263.20(g)(l), 263.20(g)(4), 263.21(a)(4), and 263.22(d), "United States" shall be defined as the United States. (3-15-02)

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- Rules andStandards Department ofEnvironmental Quality forHazardous Waste 008. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSALFACILITIES. 40 CFR Part 264 and all Subparts (excluding 40 CFR 264.I(f), 264.149, 264.150, 264.301(1), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f) and 264.1080(g)) are herein incorporatedby reference as provided in 40 CFR, revised as ofJuly I, 2001. For purposes of40 CFR Subsection 264.12(a), "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency Region 10 Regional Administrator. For purposes of 40 CFR 264.1082(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency. (3-15-02) 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, 40 CFR 265.I(c)(4), 265.149, 265.150, 265.1030(c), 265.1050(f), 265.1080(e), 265.1080(f), and 265.1080(g)) are herein incorporated by reference asprovided in 40 CFR, revised as ofJuly I, 2001. For purposes of40 CFR Subsection 265.12(a), "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency Region 10 Regional Administrator. For purposes of 40 CFR 265.1083(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency. (3-15-02) 010. STANDARDS FORTHE MANAGEMENT OFSPECIFICHAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES. 40 CFR Part 266 and all Subparts (excluding Subparts A and B) are herein incorporated by reference as provided in 40 CFR, revised as ofJuly I, 2001. (3-15-02) 011. bAND DISPOSAL RESTRICTIONS. 40 CFR Part 268 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly I, 2001, except for 40 CFR 268.1(e)(3), 268.5, 268.6, 268.13, 268.42(b), and 268.44(a) through (g). The authority for implementing the provisions oftheseexcluded sections remains with the EPA. However, the requirements of Sections 

# • 39-4403(li'1) 

### and 39-4423, Idaho Code, shall be applied in all cases where these requirements are more stringent than the federal standards. If the Administrator ofthe 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 ofthese rules. For ;f,1. 

### purposes of40 CFR 268.(2)(j) "EPA" shall be defined as the U.S. Environmental ProtectionAgency. For purposes of e 

### 40 CFR 268.40(b), "Administrator" shall be defined as U.S. Environmental Protection Agency Administrator. (3-15-02) 012. HAZARDOUS WASTE PERMITPROGRAM. 40 CFR Part 270 and all Subparts, except 40 CFR 270.12(a) and 40 CFR 270.14(b)(18), are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1,2001. For purposes of40 CFR 270.2, 270.5, 270.10(e)(2), 270.10(e)(3), 270.1O(f)(2), 270.10(f)(3), 270.10(g), 270.1 I(a)(3), 270.32(a), 270.32(b)(2), 270.32(c), 270.51, 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. (3-15-02) 013. PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR HWMA PERMITAPPLICATIONS). 40 CFR Part 124, Subparts A and B are herein incorporatedby reference as provided in 40 CFR, revised as ofJuly I, 2001, except that the fourth sentence of 40 CFR 124.31(a), the third sentence of40 CFR 124.32(a), and the second sentence of40 CFR 124.33(a) are expressly omitted from the incorporationby reference ofeach ofthose subsections. For purposes of 40 CFR I24.6(e), 124.10(b), and 124.10(c)(I)(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. (3-15-02) 014. INTERIM STATUS SURFACE IMPOUNDMENTS. In accordance with Section 3005(j) ofRCRA which is herein incorporated by reference, surface impoundments 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 ofthe 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 264.220-232 and 265.220-231 and are incorporated as provided in Sections 008 and 009. (3-15-02) 

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### ofEnvironmental Quality forHazardous Waste

015. STANDARDS FOR THE MANAGEMENT OFUSED OIL. 01. Incorporation By Reference. 40 CFR Part 279 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly I, 200 I. (3-15-02) 02. Used Oil As A Dust Suppressant. 40 CFR Part 279 contains aprohibition on the use ofused oil as a dust suppressant at 279.82(a), however, States may petition EPA to allow the use ofused 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)

a. Be submitted to the Idaho Department ofEnvironmental Quality, 1410 North Hilton, Boise, Idaho 83706-1255; and (2-11-94) 

### b. Demonstrate how the requirements of40 CFR 279.82(b) will be met. (2-11-94) 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 ofJuly I, 200 I. For purposes of40 CFR 273.32(a)(3), "EPA" shall be defined as the U.S. Environmental Protection Agency. (3-15-02) 017. -- 354. (RESERVED). 355. HAZARDOUSWASTE 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 exceedseven thousand five hundred dollars ($7,500) and shall be submitted with 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 reviewing 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 equivalentmeasurement,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.

1 acre or greater Equal to or greaterthan 1/2 acre,

but less than 1 acre $3,000 $4,000 $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 Page 8 

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### ofEnvironmental Quality forHazardous Waste facility for wastes listed pursuant to Section 20 I(d)(2) and (e), as modified by Section 209 ofthe Federal Hazardous and Solid Waste Amendments of 1984, which must submit engineering or hydrogeological information to indicate compliance with technical 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. Expansion, Enlargement Or Alteration Of A Commercial Hazardous Waste Disposal, Treatment Or Storage Facility OrAny On-site Land Disposal Facility ForWastes Listed Pursuant To Section 201(D)(2) And (E), As Modified By Section 209 OfTheHazardousAnd Solid Waste Amendments Of1984. The significant expansion, enlargement or alteration of a hazardous waste treatment, storage or disposal facility in existence on July I, 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 License Fee Nonrefundable. The siting license fee required by these rules 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 ContentsAnd Standard OfReview. 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 (I) year in duration. The Director may grant a variance only if the applicant demonstrates to the Director's satisfaction that construction and operation ofthe TSD facility or site in the mannerallowed by the variance and any term or condition imposed as part ofthe variance: (6-10-88)

., .va, 

### Is required to avert unnecessary and significanthardship; (6-10-88)



### b. Is not inconsistent with EPArequirements; and (6-10-88) -;"

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. c. 

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

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### 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 applicationto renew or extend a variance. The public hearing shall be held at a location in the county where the operations that are the subject ofthe application for the variance are conducted unless the Director determines that a different location would be more appropriate and convenient for interested members ofthe public. The Director shall give at least twenty (20) days' notice ofthe 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 conductedor the county where the hearing is to be held. The Director shall cause to be made a complete record ofthe testimony and the evidence submitted at the hearing. (6-10-88) 03. Public Information. All information submitted as part ofa variance application shall be treated as public information and shall not be subject to any claim ofconfidentiality. The Director shall make the application available for public inspection at the Department's state office and appropriate regional office. The Director shall make available for public inspection at the Department's state office and all regional offices a current list ofpending applications for variances and a current schedule ofpending variance hearings. (3-1-93) 04. Director's Decision. No variance shall be issued or denied until the Director has considered the relative interests ofthe 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 (I) 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. Applicant To Bear Costs. The cost ofpublic notice, recording and transcribing of testimony and hearing facilities shall be borne by the applicant, regardless ofwhether or not a variance is issued. (6-10-88) 357. -- 499. (RESERVED)

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# • Page 9IDAHOADMINISTRATIVE CODE IDAPA 58.01.05

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### ofEnvironmental Quality forHazardous Waste 500. ROUTING OFHAZARDOUS WASTE SHIPMENTS. 01. Transporting. Any person transporting a quantity ofhazardous waste which requires a manifest shall, to the extentpossible: (6-10-88)



### a. Use state, United States and interstatehighways; 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 greaterthan 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). 800. INSPECTION PLAN

-- FREQUENCY LEVELS. The Departmentmay, as time and resources permit, conduct regular inspections ofpersons or entities subjectto 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 TSDFacilities. Commercial TSD facilities or sites or offsite generatorTSD 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 peryear. (3-1-93) 03. TransportVehicles. Transport vehicles as necessary. (3-6-91) 04. Transport Facilities. Transport facilities or sites -- up to twelve (12) times per year. (3-1-93) 05. Generators. Generators -- up to twelve (12) times per year. (3-1-93) 06. Conduct Inspections. Nothing in the preceding schedule offrequency 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 Directormay by policy guidance memorandum modify the inspection frequency levels as necessary for the effective or efficientenforcementofHWMA and these rules. (3-1-93) 801. -- 849. (RESERVED). 850. ILLEGALACTIONS. 01. False Statements Or Representations. Any person who makes a false statementor representation in any application, label, manifest, record, report, permit or otherdocument 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 ofthe type described above is, in addition to civil penalties, subject to criminal prosecution for the commission ofamisdemeanor for each statement or representation. (3-1-93) 02. FailureTo ComplyWith TheseRules, 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 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 ofthe type described above is, in addition to civil penalties, subjectto criminal prosecution for the commissionofa misdemeanor for each separate violation and for each day ofa continuing violation. (3-1-93)

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# • IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05

- Rules andStandards Department

### ofEnvironmental Quality forHazardous Waste 851. -- 899. (RESERVED). 900. EXPENDITURESFROM HAZARDOUS WASTE EMERGENCYACCOUNTS. The Director may declare a hazardous waste emergency ifthe public health, safety or the environment are threatened by a release or threat ofrelease ofa 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 dollars ($200,000) from the Hazardous Waste Emergency Account to obtain equipment and materials, conduct investigations, test samples, and employ personnel asnecessary or eliminate or mitigate the immediate threat and stabilize the situation. The Director may authorize the expenditure or 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. (3-19-99) 901. -- 995. (RESERVED). 996. ADMINISTRATIVE PROVISIONS. Except as set forth in Section 013 administrative appeals ofagency actions shall be governed by IDAPA 58.01.23, "Rules ofAdministrative Procedure Before the Board ofEnvironmental Quality". (3-15-02) 997. CONFIDENTIALITYOFRECORDS. Information obtained by the Department under these rules shall 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 andDisclosure ofRecords in the Possession ofthe Idaho Department ofEnvironmental Quality". (4-5-00) 

# • 998. INCLUSIVE GENDERAND NUMBER. For the purposes ofthese 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- I-93) 999. SEVERABILITY. The provisions ofthese rules are severable and ifaprovision or its application is declared invalid for any reason, that declaration will not affect the validity ofthe remaining provisions. (6-10-88)



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# c Subject Index

Inclusive GenderAnd Number II Administrative Provisions I I IncorporationBy Reference OfFederal ApplicantTo BearCosts 9 Regulations 2 Application Contents And Standard Of Inspection Plan -- Frequency

Review 9 Levels 10 Availability OfReferencedMaterial 2 Interim Status Standards ForOwners And Operators OfHazardous Waste 

### A



# c Treatment, Storage And Disposal CFR 2 Facilities 7 Commercial TSD Facilities 10 Interim Status Surface Conduct Inspections 10 Impoundments 7 Confidentiality OfRecords II 

### L D Land Disposal Restrictions 7 Definitions, IDAPA 58.01.05, Rules Legal Authority 2

And Standards For Hazardous License Fee Criteria 8 Waste 2 License Fee For Facilities RequiredTo Director's Conditions 10 Submit Engineering Or Director's Decision 9 Hydrogeological Information 8 License Fee Scale 8 

### E Environmental Appeals Board 2 

### p Excluded Wastes 3 Procedures For Decision-Making(State Expansion, Enlargement'Or Alteration Procedures For RCRA Or HWMA

OfA Commercial Hazardous Waste PermitApplications) 7 Disposal, TreatmentOr Storage Public Hearings 9 Facility 9 Public Information 9 Expenditures From Hazardous Waste

Emergency Accounts I I 

### R RCRA 3 

### F Regional Administrator 3 Failure To ComplyWith These Rules, Routing OfHazardous Waste

The HWMA, Or Other Shipments 10 Requirements 10 False Statements Or 

# s

Representations 10 Severability II Siting License Fee Nonrefundable 9 

### G Standards ApplicableTo Generators Of Generator EmergencyNotification 6 Hazardous Waste 6 Generator On-SiteTSD Facilities 10 Standards Applicable To Transporters Generators 10 OfHazardous Waste 6 Standards For Owners And Operators 

### H OfHazardous Waste Treatment, HWMA 3 Storage And Disposal Facilities 7 HWFSA 3 Hazardous Waste Facility Siting Standards For The Management Of

License Fee 8 Specific Hazardous Wastes And Hazardous Waste Management Specific Types OfHazardous Waste Facilities 7 System 3 Standards For The Management Of Used Oil 8 

### I Standards For Universal Waste Identification And Listing Of Hazardous Waste Permit Program 7

Management 8

Hazardous Waste 3 Illegal Actions 10 

### T TSD 3 Title 2 Transport Facilities 10 TransportVehicles 10 Transporting 10

# u U.S. Environmental Protection Agency

OrEPA 3 United States Or U.S 3 Used Oil As A Dust Suppressant 8 

### V Variance Applications For TSD

Facilities Or Sites 9



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