II. 

:e	 IDAHO HAZARDOUS WASTE 

RULES AND STANDARDS 
LOG OF UPDATES TO MANUAL 

RULES GOVERNING HAZARDOUS WASTE 

Tit1e _---='----_
 1 Chapter _-=5 , Rule and Standards of the

Department of Health and Welfare
 

IDOCKET NUMBER I EFFECTIVE DATE I 

0105-8400 01/01/85 

01/01/87 

11/01/87 

06/10/88 

06/10/88 

06/15/88 

01/01/89 

09/22/89 

03/06/91 

12/31/91 

03/11/92 

02/15/93 - 06/14/93 

03/01/93 

03/24/93 

02/11/94 

06/01/94 

0105-8601 

0105-8701 

0105-8702R 

0105-8702a 

0105-8801corr. 

0105-8802 

0105-8803 

0105-9001 

0105-9101 

0105-9102 

0105-9202(e) 

0105-9201 

0105-9301corr 

0105-9302(f) 

0105-9302(c) 
ADMINISTRATIVE RULES -e 

OF THE
 

IDAHO DEPARTMENT
 

OF
 

HEALTH AND WELFARE
 

RULES AND STANDARDS FOR
 

HAZARDOUS WASTE
 

IDAPA 16
 

TITLE 01
 

CHAPTER 05
 
IDAPA 16 

TITLE 01 Chapter 05 

RULES AND STANDARDS FOR HAZARDOUS WASTE 

000. LEGAL AUTHORITY. These rules are adopted pursuant to the authority vested in the Board of Health and Welfare by the Hazardous Waste Management Act of 1983 (HWMA), Sections 39-4401 et seq., Idaho Code, and the autnority vested in tne 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) 

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

Welfare Rules, Title 01, Chapter OS, "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, and 

279 shall constitute the full aaoption by reference ot that part ana Subparts 

as they appear in 40 CFR revised as of July 1,1993, including any notes and 

appendlces therein, un1ess expressly proviaed otherwise in ·these rules.

(2-11-94) 

01. Exceptions. Nothing in 40 CFR Parts 260 - 266, 268, 270, 279 or 

Part 124 as pertains to permlts for Underground Injection Control (U.I.C.) under the Safe Drinking Water Act the Dredge or Fill Program under Section 

404 of the Clean Water Act, the National Pollution Discharge Elimination Sys­ tem (NPDES) under the Clean Water Act or Prevention of Signlficant Deterioration Program (PSD) under the Clean Air Act is adopted or lncluded by referenc~

herein. (2-11-94) 

02. Availability of Referenced Material. Copies of the federal regu­ lations adopted by reference throughout these rules are available in the following locations: (6-10-88) 

a. Superintendent of Documents, U.S. Government Printing Office\ Washington, D.C. 20402; and (9-22-89) 

b. Administrative Procedure Section, Idaho Department of Health and 

Welfare Central Office, 450 W. State Street, Boise, Idaho 83720. (3-11-92) 

003. DEFINITIONS. For the purp-ose 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 Health and Welfare. (6-10-88) 

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

03. Department. The Idaho Department of Health and Welfare. 

(6-10-88) 

04. Director. The Director of the Idaho Department of Health and 

Welfare, or his designee. (12-31-91) 

05. Environmental Appeals Board. When used in the context of 40 

CFR, the definition shall be the Director of the Idaho Dep-artment of Health 

and Welfare. When used in the context of these rules, the definition shall be 

the U.S. Environmental Appeals Board. (2-11-94) 

06. U.S. Environmental Protection Agency or EPA. When used in the 

context of 40 CFR, the definition shall be the Idaho Dep.artment of Health and 

Welfare. When used in the context of these rules, the definition shall be the 

U.S. Environmental Protection Agency. (3-1-93) 

of PAGE 1 DATE: 03/08/95 
c 

l 

HAZARDOUS WASTE IDAPA 16.01.05
 

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 Management Act of 1983, Sections 

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

09. IDAPA. The Idaho Administrative Procedures Act, Chapter 52~

Title 67, Idaho Code. t3-1-93) 

10. RCRA. The Resource Conservation and Recovery Act, 42 U.S. Code~

Sections 6901 et seq. (3-1-93) 

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

definition shall be the Director of the Idaho Department of Health and Welfare. When used in the context of these rules the definition shall be the 

U.S. Environmental Protection Agency Region 10 Regional Administrator. 

(3-1-93) 

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

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

definition shall be the State of Idaho. When used in the context of these 

rules, the definition shall be the United States. (3-1-93) 

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

are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1993. (2-11-94) 

005. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. 40 CFR Part 261 and 

all Subparts are herein incorporated by reference as provided in 40 CFR~

revised as of July 1, 1993. (2-11-94) 

006. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. (7-1-93) 

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

herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1993, except that advance notification, annual reports~ and exception reports in accordance with 40 CFR Parts 262.53, 262.55 and 262.~6 shall be filed with the Regional Administrator and a copy of such reports shall be filed ~ith the 

Director. All references to EPA in 40 CFR Parts 262.51 and 262.54(g)(1) shall 

be defined as EPA. All references to the Regional Administrator in 40 CFR 

Parts 262.57 (b) shall be defined as the Regional Administrator. (2-11-94) 

02. Generator Emergenc~ Notification. In addition to the emergency notification reguired py 40 CFR Parts 265.56(d)(2) and 262.34(d)(5)(iv)(c), (se~ 40 CFR 262.34(a)(4»)1 th~ emergency coord,nator must also ,mmediat~'y not,fy the· State Commun,cat,ons Center by telephone, 1-800-632-8000, to f,le 

an identical report. (3-1-93) 

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 1, 1993. (2-11-94) 

008. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 264 and all Subparts (excluding 40 CFR Parts 264.149 and 264.150) are herein incorporated by reference as pro­ vided in 40 CFR, revised as of July 1 1993. All references to the Regional Administrator in 40 CFR Part 264.1Z(aj shall be defined as the Regional Administrator. (2-11-94) 

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

TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 265, and all Subparts 

PAGE 2 DATE: 03/08/95 

o
 

o
 
HAZARDOUS WASTE IDAPA 16.01.05 

(excluding Subpart Rand 40 CFR Parts 265.149 and 265.150) are herein incorpo­ rated by reference as provided in 40 CFR, revised as of July I, 1993. (2-11-94) 

010. STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS 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) ln 40 CFR, revised as of July I, 1993. (2-11-94 

) 011. LAND DISPOSAL RESTRICTIONS. 40 CFR Part 268 and all Subparts are 

herein incorporated by reference as provided in 40 CFR, revised as of July I, 1993 except for 40 CFR Parts 268.5, 268.6, 268.42(b) and 268.44. The author­ ity for implementing the provisions of these excluded sections remains with 

the EPA. However, the requirements of Sections 39-4403(15) and 39-4423, Idaho Code, shall be apQlied in all cases where these requirements are more stringent than the federal standards. If the Adminlstrator of the EPA grants a case-by-case variance pursuant to 40 CFR Part 268.5 that variance will simultaneously create the same case-by-case variance to the equivalent reguirement of these rules. t2-11-94) 

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~

1993. (2-11-94j 

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

PERMIT APPLICATIONS). 40 CFR Part 124, Subpart A is herein incorporated by reference as provided in 40 CFR, revised as of July I, 1993. (2-11-94) 

014. INTERIM STATUS SURFACE IMPOUNDMENTS. In accordance with Section 

3005(j) of RCRA which is herein incorporated by reference, surface impound­ ments in existence on November 8, 1984, and qualifying for interim status shall not receive, store or treat 'hazardous waste after November 8, 1988 

unless retrofittec 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 aQplicable 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 feaeral regulations as 40 CFR Parts 264.221-231 and 265.221-230 and are jncorpo­ rated as provided in Sections 008. and 009. t3-1-93) 

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

01. Incorp.oration by Reference. 40 CFR Part 279 and all SubQarts are herein incorporatee by reference as provided in 40 CFR, revised as of July 1~

1993. (2-11-94j 

02. Used Oil as a Dust Suppressant. 40 CFR Part 279 contains a pro­ hibition on the use of used oil as a dust supp.ressant at 279.82(a), however, States may petition EPA to allow the use of usee 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 submitted to the Idaho Division of Environmental Ouality~

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

b. Demonstrate how the requirements of 40 CFR 279.82(bl will be 

met. (2-11-94) 

016. 354. (RESERVED). 

355. HAZARDOUS WASTE FACILITY SITING LICENSE FEE. An application for a 

siting license reguired by HWFSA shall be accompanied by a siting license fee -, in an amount established by these rules. The license fee shall not exceed 

PAGE 3 DATE: 03/08/95 
HAZARDOUS WASTE IDAPA 16.01. 05 

seven thousand five hundred dollars ($7,500) and shall be submitted ~ith the siting license application. l3-1-93) 

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 tne site. (3-i -93) 

a. "Projected Waste Volume" means the total actual or potential hazardous waste volume, in gallons or an equivalent measurement, proposed for l 

the hazardous waste facllity. (3-1-93) 

b. "Site Size" weans the sum in acres of all progosed "Hazardous Waste Management Unites) I as defined in Section 004 (40 cFR Part 260.10).

(3-1-93) 

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 Ug to 10,000 More Than 

Size 10,000 20,000 20,000 

1 acre 

or greater $3,000 $4,000 $7,500 

Equal to or 

greater than 

1/2 acre, but 

less than 

1 acre $4,000 $5,000 $7,500 

Less than 

1/2 acre $5,000 $6,000 $7,5000 o 

(3-1-93) 

03. License Fee for Facilities Required to Submit Engineering or 

Hydrogeological Information. For any proposed commercial hazardous waste disposal, treatment or storage facility or an~ on-si·te land disposal facility for 

wastes listed Qursuant to Section 201(d)(2 and e), as modified by Section 

209 of the rederal Hazardous and SOlla aste mendments of 1984 which must 

submit engineering or hydrogeological information to indicate comp1iance with 

technical criteria as aaopted 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 or any On-site Land Disposal Facility for Wastes Listed Pursuant to Section 201(d)(2) and (e)i as Modified 

by Section 209 of the Hazardous and Solid Waste Amendments of 984. The sig­ nlficant expansion, enlargement or alteration of a hazardous waste treatment, storage or disposal facllity in existence on July 1, 1985, constitutes a new 

Qroposal for which a siting llcense is required ana for which a siting license 

fee must be paid. 19-22-89) 

05. Siting License Fee Nonrefundable. The siting license fee 

required by these rules shall be nonrefundable and may not be applied toward 

any subsequent app'lication should the siting license application be cancelled 

or withdrawn, or derried , (3-1-93) 

PAGE 4 DATE: 03/08/95 

o
 
I 

HAZARDOUS WASTE IDAPA 16.01. 05 

356. VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES. (7-1-93) 

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 Direytor may grant a variance only if 

the applicant demonstrates to the Director s satisfaction that construction 

and operation of the TSD facility or site in the manner allowed by the variance and any term or condition imposed as part of the variance: (6-10-88) 

a. Is required to avert unnecessary and significant hardshipi

(6-10-88) 

b. 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 De held at 

a location in the county where the operations that are the subject of the 

application for the variance are conductea unless the Director determines that 

a different location would be more appropriate and convenient for interested 

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

least one (1) publication of notice in a newspaper with general circulation in 

either the county where the operation is conducted or the county where the 

hearing is to be held. The Director shall cause to be made a complete record 

of the testimony and the evidence submitted at the hearing. (6-10-88) 

03. Public Information. All information submitted as part of a variance application shall be treated as Qublic information and shall not be subject to any claim of confidentiality. The Director shall make the application available for public inspection at the Department1s central office and at the 

appropriate regional office of the Department's Division of Environmental 

ual i t y. The Director shall make available for public inspection at the 8epartment s central office and at all regional offices of the Department's Division of Environmental Qualit~ a current list of pending applicatjons for 

variances and a current schedule of pending variance hearings. l3-1-93) 

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

the Director has considered the relative interests of the applicant, other 

persons and property affected by the variance and the public. Any variance 

granted pursuant to this section shall be for a period specified by the Director but not more than one (I} year. No variance shall be issued or denied 

without a written order statlng the findings upon which the decision is based. . (3-1-93) 

05. Applicant to Bear Costs. The cost of public notice. recording and transcribing of testimony and hearing facilities shall be borne by the 

applicant, regardless of whether or not a variance is issued. (6-10-88) 

357. 499. (RESERVED). 

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

01. Transporting. Any person transporting a guantity of hazardous 

waste which requires a manifest shall. to the extent posslble: (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) 

PAGE 5 DATE: 03/08/95 
HAZARDOUS WASTE IDAPA 16.01. 05 

02. Director's Conditions. The Director may, upon a finding that a 

shipment or shipments of hazardous waste constitutes a greater than normal 

risk to the pUblic health, safety or environment~ p'rescrlbe by order particu- C lar conditions for that shlpment or shipments incluaing but not limited to 

special placardingt. pilot vehicles, routing restrictions, parking restrictions 

and timing restric ions. (6-10-88) 

501. -- 799. (RESERVED). 

800. INSPECTION PLAN FREQUENCY LEVELS. The Department may as time and 

resources permit, conduct regular insp.ections of persons or ent,t.ies subject to these rules, their records ana property at approximately the following frequency levels based upon potent.ial risk to the pUblic health or environment. (3-6-91) 

01. Commercial TSD Facilities. Commercial TSD facilities or sites or 

offsite generator TSD facilities or sites, up to every day. (3-6-91) 

02. Generator On-site TSD Facilities. Generator on-site TSD facili­ ties or sites -- up to twenty (20) times per year. (3-1-93) 

03. Transport Vehicles. Transport vehicles as necessary. (3-6-91) 

04. Transport Facilities. Transport facilities or sites -- up to 

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

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

06. Conduct Inspections. Nothing in the precedin~ schedule of frequency levels may be construed as limiting the Department s authority to conduct lnspections 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 the effective or efflcient 

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

801. 849. (RESERVED). 

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

01. False Statements or Representations. Any person who makes a 

false statement or representation in any application, label, manifest, record~

report, permit or other document filed, maintained or used for the purpose OT 

complYlng 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 These Rules, The HWMA, or Other Require­ ment~ ..Any persQn who violate~ these rules, HWMA, or .any permit, standard, condltlon, regulrement, compllance agreement or order lssued 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 p'erson who knowingly commits a violation of the typedescrioed above is, in adaition 

to civil penalties, subject to criminal prosecution for the commlssion of a 

misdemeanor for each separate violation and for each day of a continuing violation. (3-1-93) 

851. -- 899. (RESERVED). 

PAGE 6 DATE: 03/08/95 

o
 
HAZARDOUS WASTE IDAPA 16.01.05
 

900. EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNTS. The Director 

may declare a hazardous waste emergency if the public health~ safety or the 

environment are threatened by a release or threat of release OT a hazardous 

waste or a substance which has become a hazardous waste. Following a hazardous waste emergency declaration, the DeQartment may spend or obligate to be spent 

up to two hundred thousand dollars (~200 000) from the Hazardous Waste Emergency Account and from the Hazardous Waste Training, Emergency, and Monitoring AccQunt by appropriation, to obtain equipment and materials, ~o~duct inve~tigatlons, test samples, ana employ personnel as necessar~ or ellmlnate or mltlJ gate 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 these accounts in any given situation upon a finding by the 

Board that a greater expenditure or obllgation is prudent and necessary to 

protect the public health, safety or enVlronment. (2-11-94) 

901~ -- 995. (RESERVED). 

996. ADMINISTRATIVE PROVISIONS. Except as set forth in Section 013. administrative aRpeals from all final agency decisions shall be governed by Idaho p'epartment of Health and Welfare Rules Section IDAPA 16.05.03.000. et seg.~

'Rules Governing Contested Cases and Declaratory Rulings. 1I (2-11-94) 

997. CONFIDENTIALITY OF RECORDS. Any disclosure of information obtained b~

the Department is subject to the restrictions contained in Idaho Department of Health and Welfare Rules Title 5, Chap.ter 1, IIRules Governjng the Protection 

and Disclosure of Department Recoras,'1 HWMA Section 39-4411l3j, Idaho Code, the Public Idaho Records Act, Sections 9-337 et. seq., Idaho Coae, and Section 

004. of this chapter. (3-1-93) 

998. INCLUSIVE GENDER AND NUMBER. For the purposes of these rules, words used in the masculine gender also include the feminine and neuter gender, and 

vice versa, where appropriate. Words in the singular include the plural and 

words in the plural include the singular. (3-1-93) 

999. SEVERABILITY. The provisions of these rules are severable and if a 

provision or its application is declared invalid for any reason, that declaration will not affect the validity of the remaining provlsions. (6-10-88) 

PAGE 7 DATE: 03/08/95
 
AD:MINISTRATIVE RULES
 

OF THE IDAHO DEPARTMENT
 

OF HEALTH AND WELFARE
 

HAZARDOUS WASTE
 

IDAPA 16
 

TITLE 01
 

CHAPTER 05
 

OFFICIAL RULES POBLISHED BY THE
 

DIVISION OF STATEWIDE ADMlNISTRATIVE RULES
 

OFFICE OF THE STATE AUDITOR, J.D. WILUAMS
 

JULY 1993
 
NOTICE OF FINAL RULE 

NOTICE OF CORRECTION TO RULE 

DOCKET NO. 16-0105-9302 

DEPARTMENT OF HEALTH AND WELFARE 

RULES GOVERNING HAZARDOUS WASTE 

ACTION: The action, under Docket No. 16-0105-9302, involves the 

amendment, adoption, and renumbering of rules governing Hazardous 

Waste, IDAPA 16, Title 1, Chapter 5, Rules of the Department of 

Health and Welfare. 

AUTHORITY: In compliance with Section 67-5224, Idaho Code, notice 

is hereby given that this agency has adopted a final rule. The 

action is authorized pursuant to Section(s} 39-4401 and 39-5801, 

Idaho Code. 

DESCRIPTIVE SUMMARY: The following is a summary of the reasons 

for adopting the final rule ~~d a statement of any changes made 

to the initial proposed text. 

This rule-making will update existing state rules by 

incorporating ~~e federal ch~~ges adopted during the period July 

1, 1992 to July 1, 1993. Additionally, the rule-making will make 

some non-subst~~tive changes to allow for greater clarity. This 

rule-making will also correct typographical, transcription, or 

clerical errors that occurred when this chapter was reissued and 

published in the July 1, 1993 Administrative Bulletin. 

The final rules are being adopted as proposed except for 

the following changes: 

An additional definition has been added to 16.01.05003. 

Typographical, transcription and clerical errors have been corrected in 16.01.05015.02, 16.01.05850, 16.01.05900, and 

16.01.05996. 

The changes have been made based on public comment 

received and as a logical outgrow~~ of the proposed rules pursuant to Section 67-5227, Idaho Code. 

The final rules are effective February 11, 1994. 

ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the 

final rule, contact John Brueck, at 334-5879. 

DATED this 6th day of April, 1994. 

KAREN L. GUSTAFSON 

Administrative Procedures Coordinator 

DEW Legal Services Division 

450 West State Street, 10th Floor 

Boise, Idaho 83720-9990 

(208) 334-5564 

BULLETIN -- 118 
TABLE OF CONTENTS 

IDAPA 16
 

TITLE 01
 

Chapter OS
 

RULES AND STANDARDS FOR E..;;zARDOUS WASTE 

000. LEGAL AUTHORITY. 

001. TITLE .. 

002. INCORPORATION BY REFERENCE OF FEDERAL REG~~TIONS.

01. . Exceocions .. 02. Availability of Referenced Material.
 

01 .. Board.
 

02. CPR.· .. 03. Denartment. 

04. Direccor.
 

OS. U.S.
 

06. h-wFS]>.•• 

07. h~.A.

08. IDAPA. 

09. RCP.-A. 

10. Reaional Administrator. 

11. TSD. 

12. United States or U.S .. 

004. F..AZARDOUS WASTE ~..A.L'iAG:&"1ENT SYSTEJ.'1. 

OOS. IDENTIFIC~TION AND LISTING OF F.AZARDOUS WASTE. 

006. STANDARDS A"CpLICABLE TO GENERATORS OF H.~ZARDOUS

WASTE. 

01. Incorporation By Reference. 

02. Generator Emergency Notification. 

007. STAND]>'~~S APPLICABLE TO T~~SPORTERS OF F~_Z]>'.RDOUS

WASTE. 

008. STAND]>'~S FOR Ow~RS ~w OPERATORS OF E..~Z~.RDOUS

WASTE TREATMENT, STORAGE AND DISPOSAL F~CILITIES.

009. INTERIM STATUS STANDARDS FOR OWNERS AND OPE?~~TORS

OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. 

010. STANDARDS FOR TF~ ~ANAGEMENT OF SPECIFIC H.~~~~~OUS

WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES. 

011. LAND DISPOSAL RESTRICTIONS. 

012. F~.ZARDOUS WASTE PERMIT PROGRPJM. 

013. PROCEDURES FOR DECISION-~~ING (STATE PROCEDURES 

FOR RCRA OR h~.A PERMIT APPLICATIONS. 

014 . INTERIM STATUS SURFACE IMPotJNDMENTS. 

015. STANDARDS FOR THE MANAGEMENT OF USED OIL. 

016 354. (RESERVED) • 

i 
TOC 16.01. 05
 

e355. 

01. 

02. 

03. 

04. 

05. 

356. 

01. 

02 .. 

03. 

04. 

05. 

357. -­

500. 

01. 

02. 

501. -­

800.
 

Ol.
 

02. 

03. 

04. 

05. 

06. 

801. -­

850. 

Ol. 

02. 

851. 

996. 

997. 

998. 

999. 

HAZARDOUS WASTE FACILITY SITING LICENSE FEE.
 

License Fee Criteria.
 Lice~se Fee Scale.
 

License Fee for Facilities Reouired to Submit
 

Engineering or Hydorgeologicai Information.
 

Expansion, Enlarga~ent or Alteration of a
 

Commercial Hazardous Disposal, T=eatrnent
 

or Storage Facilities or any On-site Land
 

Disposal Facility for Wastes.
 

Siting License Fee Nonrefundable.
 

VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES. 

Aoolication Contents and Standard of-Review. 

PUblic Hearings. 

Public Information. 

Director's Decision. 

Applicant to Bear Costs. 

499. (RESERVED) . 

ROUTING OF HAZJ...R.DOUS WASTE SHIPMENTS.
 

Transporting.
 

Director's Conditions.
 

799. (RESERVED) . 

INSPECTION PLAN -- FREQUENCY LEVELS.
 

Commercial TSD Facilities.
 

Generator On-site TSD Facilities.
 

Transoort Vehicles.
 

Transoort Facilities.
 

Generators.
 

Conduct Inspections.
 

849. (RESERVED). 

ILLEGAL ACTIONS.
 

False Stat~~ents or Reoresentations.
 

Failure to Comply With-These Rules, the n~A,
 

or Other Requir~~ents.
 

995. (RESERVED) . 

ADMINISTRATIVE PROVISIONS. 

CONFIDENTIALITY OF RECORDS. 

INCLUSIVE GENDER AND NUMBER. 

SEVERABILITY. 

ii 
I~A 0 A 1.6 . 01 . 05 

IDll~A 1.6
 

TITLE 01.
 

Chapcer 05
 

RUl.lES ~..ND ST~..ND~_P...DS FOR E.~ZARDOUS W:'-STE 

000. LEGAL A~~ORITY. These rules are adocced oursuant
 

to the auchority vested in the Board of Health and-Welfare
 

by the Hazardous Waste M=naca~ent Act: of 1983 (~-~~~), Sec­ _.... _

~o-~401 J -= _ e~_ sea_. , -.l.d-°t1o- c:::....J. COc."o. _, CL.. -Mo." tho Q. -U-~OT~-y t..._.:. __ "- ves-e~ "'- _
 

in the Director. of the De9ar~ment of Health and Welfare by
 

the Hazardous Waste Facility Siting Act of 1.9aS, Seceions
 

39-5801. et seq., Idaho Code. . (3-1.-93)
 

001. TITLE. These r~les shall be ~~o~n as Id~~o Deoartment of 

Healt.."'l and Welfa=e Rules, Title 1, Chapter 5, "Rules"7-aeE!'l:l~a:t:.~e~s

and Standards for Hazardous Waste." +3-:-93+(2-11-94) 

002. !NCORPO~.TION BY REFERENCE OF FEDE~.L REGULATIONS. Any 

refe=ence in t.."'lese rules to recruirements, orocedu=es, or soecific - .. -. forms contained in the Code of Federal Regulations (CFR), Title 

40, Parts 124, 260-266, 268, ~~a 270, and 279 shall constitute 

t.."'le full adoption by reference of t.."'lat part and Subparts as ~~ey

appear in 40 CFR, revised as of July 1, :992l993, including any 

notes ~~d appendices therein, ~~less expressly provided otherwise 

in these rules. +3-:-93+(2-11-94) 

01. Exceptions. Not..~ing in 40 CFR Parts 260 - 266, 268, 

270, 279 or Part 124 as pertains to permits for Undergro~~d

lnJec"':~on - . .. C'" on\o.ro_ 1 ( U I ... C) ~~aer . .... S.&" D " I.-~e a ... e r~n." ..c"ng W· a-cer A......h c .., u e 

Dredge or Fill P=ogram ~~der Section 404 of t..~e Cle~~ Water Act, 

t.."'le National Pollution Discharge Elimination System (NPDES) under 

the Cle~~ Water Act or Prevention of Signific~~t Deterio=ation 

Program (PSD) ~~der the Cle~~ Air Act is adopted or included by 

reference herein. +6-:6-88+(2-1'-94) 

vc::.__ aD or: Ro~:-:""'cQa" _ -_ -- t;"e
 

federal reoulations adooted by reference throughouc.these
 

r-..lles are a~ailable in the following locations: (6 -1.0- 88)
 

02 . A - ; 1 -" ; 1;'"\o.Y - - • M:::tQT~ c::._. -, C'"'o~ os or:- ..... 

a. Suoerintendent of Doc~~ents, u.s. Goveznmenc.
 OT~M-~MC: _____ Ir-____ O~~;co J... , Was'n;nc:-on .&. _l. _"- , D C ..... ~0402· _ ,c::..-MO.'
 __ (9-22-89) 

b. A~~nistrative. Procedure Section, ~o.aho De9ar~~ent
 

of ~ealth and Welfare Central Office, 450 W. State Street,
 

30ise, Idaho 83720. (3-1.1.-92)
 

003. DEFINITIONS. For the ouroose of these rules and
 

any ~aterials inco~orated herein-by reference, the follow­


ina definitions aoolY unless their aoolicacicn would be
 

inconsiscenc with tne Hazardcus Wasce ~anagement Ace, or
 

unless theserules exoressly ~rovide for different defini­


tions. - - (3 - 1. - 93)
 

ID~..P3~. 1.6 - - 1. 

; I 
I:iJAPA 1.6.01.05 

01. Board. The Id~~o Eoard of Eealt~ ~~d ,Welfare. 

(6-10-86) 

02. 

tions. 

CPR. The United States Code of Federal Regula­

" (3-1-93) 

03. 

r,qelfare. Department. The Idaho Depar~illent of Eealth and , (6-10-88) 

04. Director. The Director of the Idaho Denartment of 

Eealth and Welfare, or his designee. - (1.2-31-91) 

os. Environmental Anneals Board. When used in the context of 40 C~, the de:inition shall be the Director of the Idaho 

penartrnent o~ 3ealth and Welfare. When used in the context of 

these rules. the definition shall be the U.S. Environmental 

Anneals Board. (2-11-94) 

9;06. U.S. Environmental Protection Agency or EPA. 

When used in ~~e context of 40 CFR, the definition shall be the 

Idaho Depart~ent' of Eeal~~ and Welfare. When used in ~"le context 

of ~~ese r~les, ~~e definition shall be ~~e U.S. Environmental 

Protection Agency. (3-1-93) 

9607. EWFSA. The Hazardous Waste Facility Siting Act 

of 1985, Sections 39-5801 et seq., Id~"lo Code. (3-1-93) 

;;08. EWMA. The Eazardous Waste M~~agement Act of 

1983, Sections 39-4401 et seq., Idaho Code. (3-1-93) 

9809. IDAPA. The Idaho Administrative Procedures 

Act, Chapter 52, Title 67, Idaho Code. (3-1-93) 

991Q'. RCRA. The Resource Conservation and Recovery 

Act, 42 U.S. Code, Sections 6901 et seq. (3-1-93) 

;911. Regional Administrator. When used in the context of 40 CFR, ~~e definition shall be ~~e Director of ~~e Idaho 

Depar-wment of Eeal~~ and Welfare. When used in ~~e context of 

~~ese rules, the definition shall be ~~e U.S. Enviror~ental Protection Agency Region 10 Regional Administrator. (3-1-93) 

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

;~lJ. United States or U.S. When used in the context of 40 CPR, the definition shall be the state of Idaho. When 

used in ~"le context of ~~ese rules, ~~e definition shall be the 

United States. (3-1-93) 

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

all Subparts are herein incorporated by reference as provided in 

40 CPR, revised as of July 1,-;99~,-e€€ee~~ve-H~~e~-;a,1993. 

+3-;-93t(2-11-94 ) 

005. IDENTIFICATION AND LISTING OF EAZARDOUS WASTE. 40 CFR 

Part 261 and all Subparts are herein incorporated by reference as 

provided. in 40 CPR, revised as of July 1,-;99=,-ef£ee~~ve-Ha~e~

;6, 1993. +3-;-;3t(2-11-94) 

if (q l.{ BULLETIN __ . 120
 
FINAL RULE
 

HAZARDOUS WASTE	 DOCKET NO. 16-0105-9302 

006.	 STANDARDS APPLICABLE TO GENERF.TORS OF HAZARDOUS WASTE. 

(7-1-93) 

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

Subparts are herein incorporated by reference as provided in,40 

CFR, revised as of July 1,-~99~/-effee~~ve-M~~e~-~e7--~99~ 1993, 

except that advance notification, annual reports, and exception 

reports in accordance with 40 CFR Parts 262.53, 262.55 and 262.56 

shall be filed with the Regional Administrator and a copy of such 

reports shall be filed with the Director. All references to EPA 

in 40 CFR Parts 262.51 and 262.54fstlgl(l) shall be defined as 

EPA. All references to the Regional Administrator in 40 CFR Parts 

262.57fBt iQl shall be defined as the Regional Administrator. 

f3-=-93t(2-11-94) 

02. Generator Emergency Notification. In addition to 

the emergency notification required by 40 CFR Parts 265.56(d)(2) 

and 262.34(d)(5)(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. 

(3-1-93) 

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 1,-=99~/--effee­

~~ve-M~~e~-=e/-=99~ 1993. f3-:-93t(2-11-94) 

008. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 

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

all Subparts (excluding 40 CFR Parts 264.149 and 264.150) are 

herein incorporated by reference as provided in 40 CFR, revised 

as of July I, :99~/-e€€ee~~ve-Ma~e~-~e,1993. All references to 

the Regional Administrator in 40 CFR Part 264.l2(a) shall be 

defined as the Regional Administrator. f3-~-93t(2-11-94)

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 and 40 CFR 

Parts 265.149 and 265.150) are herein incorporated by reference 

as provided in 40 CFR, revised as of July l,-~99~7-effee~~ve

Ma~eft-~e7 1993. f;-~-9;t(2-11-94)

010. STANDARDS FOR TEE MANAGEMENT OF SPECIFIC HAZARDOUS 

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 of 

July l,-~9S~7-e€fee~~ve-M~~eft-~e,1993. f3-~-9;t(2-11-94)

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

Subparts are herein incorporated by reference as provided in 40 

CF.R, revised as of July l,-~9g~/-e€fee~~ve-Ma~eft-~e71993, except 

'f I q BULLETIN -- 121
 
for 40 CFR Pa~ts 268.5, 268.6, 268.42(b) and 268.44. The au~~o~­

ity for implementing ~~e provisions of ~~ese excluded sections 

remains wi~~ ~~e ~~5~ EPA. However, the requirements of Sections 

39-4403(15) and 39-4423, Idaho Code, shall be applied in all 

cases whe~e ~~ese requirements are more stringent ~~an ~~e fed­

°eral st~~dards. If ~~~ Administrator of ~~e Y~5~ EPA gr~~ts a 

case-by-case variance pursu~~t to 40 CFR Part 268.5, that va~iance will simult~~eously create ~~e same case-by-case variance to 

~~e equivalent requirement of these rules. ta-:-9;1(2-11-94) 

012. EAZARDOUS 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,--:99~7--e~gee~~ve-Ha~e~-=e71993. 

t;-:-9;+(2-11-94) 

013. PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR 

RCRA OR ~WMA PE~~IT APPLICATIONS). 40 CFR Part 124, Subpart A is 

herein incorporated by reference as provided in 40 CFR, revised 

as of July 1,-:9;=-,-eggee~~ve-~a~e~-:e-,1993. ,-~=-~-C;~(2-"-O~) - J -- ~­

014. INTERIM STATUS Su7.:ACE I~~Ou~MEN?S. In ac=ordance 

with Sec~ion 300S(j) of RC~~ which is herein incorporaced 

bv reference, sur=ace imnoundmencs in exiscence on Nova~er

a- . '984 and au- 1 i =y '; :' C' =or i...,-Q... ~m s .. a cus Sb- 1 l nee _~""'Q:: -/ _~;~ _ c.:;~ -~~ __ .. , -~:-~~~~_-=_~~ - o-~-:;: __ ~l.. ____ ~ve, s ...o __ or t t _.a"",.:::._QOUS Wc:.S ..._ c:..:. ...__ Novembez 0, 

1.9 a·a f unless ret::-ofitt.ed to meet s t andards applicable to 

new .; mcouncment.s or sub-i ecz to an. exemocdcn . Cooies' of t::e 

federal st.at.ute herein incor=orated by-reference are available in the locations nrcviaed in Subsection 002.02. Standards annlicable to new· surface imnoun~~entS which are referenced-in Sect.ion 3005(j) of RC~~-as req~irements of Section 3004(0) (42 U.S.C. 6924(0)) appear in federal regula-. 

ticns as 40 C:R Part.s 264.221-231 and 265.221.-230 and a::-e 

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

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

01. Incoroo~ation bv Reference. 40 C~ Pa~t 279 and all 

Suboarts are he~ein inco~oora~ed bv ~e~e~ence as o~ovided in 40 

CFR. revised as of' Julv 1. 1993. (2-11-94) 

02. Used Oil as a Dust Suon~essant. 40 C?R Pa~t 279 

contains a orohibition on the use of used oil as a dust 

suooressant at 279.82(a), however. State~ mav oe~~~~on EPA to ~Itq~

allow the use of used oil as a dust su~oressant. Members of the 

oublic mav oetition the state to make this aoolication to EPA. 

This oetition to the state must: (2-11-94) 

Be submitted to the Idaho Diyision of Environmental 

Oualitv, '~10 North R;lton. Boise. Id~~o 83706; and (2-11-94) 

.e 

12..... Demonstrate how the recrui~ements of' 40 C?R 

279.82Cb) will be met. (2-11-94) 

015~. -- 354. (RESERVED). 
355~ . EF~_ZDOUS WASTE FACILITY SITING LICENSE FEE. F~

application for a sicing license recuired by ~-WFSA snaIl be 

acccmoanied bY a sicincr license fee in an ~uount escablishea by these rules. The license fee shall not exceed 

seven thousand five hundred dollars ($7,500) and shall be 

submitted wit~ the siting l~cense applicacion. (3-1-93) 

01. License Fee Criteria. The sitincr license fee 

required bv ~-W=SA and t~eserules shall be based on the 

costs to the Deoart~ent of reviewincr the sitincr ~~cense

aoolicacion and-the characteristics of the orooosed hazardou- -s W-S-Q ~- ~~~-c~'i-y ---~ I ---

i~c'ua'i~cr ---~ ~re ~-~ D-o~e~t:~~-~~~~ _~ J - -- --~- Si-Q -~-, _ Dr~

jected wasce vollliue, and c~e hydrogeological cnaracceristics surrounding the sice. (3-1-93) 

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

Dotential hazardous wasce vol~~e, in gallons or an equivalent measura~ent, prooosed for the hazardous wasce facility. - (3-1-93) 

b. "Site Size" means the s~~ in acres of all proposed "Hazardous Waste ~znacrement Unit(s)" as defined in Section 

004 (40 CFR Part: 260.10). (3-1-93) 

IDAPA 16 -- 4
 
IDAPA 16.01.05 

02. License Fee Scale. Except' as provided in Subsection 355.03., the siting license fee reqUired by FWFSA and 

theserules shall be determined using the table below. 

LICENSE FEE SCALE 

PROJECTED F~OUS WASTE VOLUME 

(gallons) 

S; - Q 

-~- Size 

UP to 

10,000 

10,000 

20,000 

More Than 

20,000 

1 acre 

or greater $3,000 $4,000 $7,500 

Equal to or 

greater than 

1/2 acre, but 

less than 

1 acre $4,000 $5,000 $7,500 

Less than 

1/2 acre $5,000 

, 

-1 

$0,000 $7,500 . 

(3-1-93) 

03. License Fee for Facilities Reauired 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(d) (2) and (e), as 

modified by Section 209 of the 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. Exnansion, Enlar=ement or Alteration of a Corr~ercial Hazardous Waste Disposal, Treatment or Storace Facility or any On-site Land Disposal Facility for Wasces Listed 

Pursuant to Section 201(d) (2) and (e), as Modified by Section 209 of the Hazardous and Solid Waste ~~endments of 

1984. The significant expansion, enlargement or alteration 

of a hazardous waste treatment, storage or disposal facility in existence on July 1, 1985, constitutes a new pro­ posal for which a siting license is required and for which 

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

05. SitL~g License Fee Nonrefundable. The siting 

license fee reauired by these rules shall be nonref~~dable

and may not -be applied toward any subsequent application 

should the siting license application be cancell.ed or withApplications for variances shall be submitted' in tri~licate

drawn, or denied. (3-1-93) 

356. VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES. 

(7-1-93) 

01. Application Contents and Standard of Review. 

IDAPA 16 -- 5
 
•• 

IDAPA 16.01.05 

and shall contain such detailed. plans, soecifications, and 

information regarding objectives, procedures, cont=ols, and 

other oertinenc data as the Director rrav re~uire. A variance shall not exceed one (1) year in duracion. The Director may grant a variance only i~ :~e applic~~t de~onstrates

to the Director's satisfaction that construction and ooera­ ...	 c~.....the ~SD - facil~-y __ ...... or sit - Q - _ 1.. i~ -hQ••- ma~~Q~ .___ <::._... -l'owea-' bY 

the. variance and any term or condition imposed as part of 

the variance: (6-10-88) 

. . -= . a. Is required to avert unnecessary and ·S1.C"n~J..J..cant

hardship; (6-10-88) 

b.	 Is not inconsistent with EPA requirements; and 

(6-10-88) 

c. will not create a nuisance or a hazard to the oublic health, safety or the enviro~~enc. (6-10:88) 

02. Public Hearings. The Director may hold _ oublic 

hearinc on an initial aoolication for a variance and-shall 

hold a-public hearing on-any application to renew or extend 

a variance. The oublic hearina shall be held at a location 

in the county where the operations that are t~e subject of 

the aoolication for the variance are conducted unless the 

Director determines that a different location would be more 

aoorooriate 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 mail 

and shall cause at least one (1) oublication of nocice in a 

newspaper with general circulation in either the county 

where the ooeration is conducted or the countv where the 

hearing is to-be held. The Director shall cause to be made 

a complete record of the testimony and the evidence submitted at the hearing. (6-10-88) 

03. Public Information. All information suemitted as 

oart of a variance aoolication shall be treated as oublic Info~~ion and sh~ll-not b~ subjec= t? any c~aim.of con~i­ dentJ..alJ..ty. The D~rector snaIl rrake tne applJ..catJ..on ava1.lable for oublic insoection at the Deoartment's central 

office and at the- appropriate regional office of the 

Department's Division.of Enviror~ental Quality. The Director shall make available for oublic insoection at the 

Depar- mc n t ' s '-~~ __ ccnt~al __. _ _ o1:--=ice J..._ ana' _ Cl. -t--c:. ..,;':' .... i 1 ~Qcr~o~~'c:._ o~~~cQs J.. .. _	 _ c; .:..

the Deoartment/s Division of Snvirow~ental Qual~=v a current list of pending applications for variances a~d·a current sc~edule of pending variance hearings. (3-1-93) 

04. Director1s Decision. No variance shall be issued 

or denied until the Director has considered	 the relative 

interests of the applicant, other persons ~~d property affected by the variance and the public. Any variance 

granted pursuant to this section shall be for a period soecified bv the Director but not more than one (1) year.

No variance shall be issued or denied without a written 

order scatina the findinas uoon which the decision is· 

based . - - - (3 - 1.- 93 ) . 

IDAPA 16 -- 6
 
· >. 

IDAPA ~6. 01.. OS 

OS. Applicant to Bear Costs. The cost· of public 

notice, recording and transcribing of testimony ~~d hearing 

facilities shall be borne by the applicant, regardless of 

whether or not a variance is issued. (6-~0-88)

357. 499. (RESERVED) • 

500. ROUTING OF HAZA..lIDOUS WASTE SHIPMENTS. (7-~-93)

01... Transporting. Any person transporting a quantity 

of hazardous waste which reauires a ~anifest shall, to the 

extent possible: - (6-~0-88)

a. Use state, United States and interstate hicrhwavs; 

and (6:~0-88)

b. Avoid municioalities and population centers, even 

when doing so may add miles to the distance traveled. 

(6-~0-88)

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

findincr that a shioment or shioments of hazardous waste 

constitutes a greater than normal risk to the public 

health, safety or enviro~~ent, prescribe by order particular conditions for that shioment or shioments includincr but 

not limited to special placarding, pilot vehicles, routing 

restrictions, parking restrictions and timing restrictions. (6-~0-88)

SO~. 799. (RESERVED) • 

800. INSPECTION PLAN -- FREQUENCY LEVELS. The Deoartment may, as time and resources permit, conduct regular 

inspections of persons or entities subjecc to these rules, 

their records, and property at approximately the following 

frequency levels based upon potential risk to the public

health or enviror~ent. (3-6-9~)

O~. Commercial TSD Facilities. Commercial TSD facilities or sites or offsite generator TSD facilities or s i.te s., 

up to every day. (3-6-9~)

02. Generator On-site TSD Facilities. Generator onsite TSD facilities or sites -- up 'to twenty (20) times oer 

year. (3-~-§3)

03. Transport Vehicles. Transport vehicles as necessary. (3-6-91.) 

04. Transoort Facilities. Transport facilities or 

sites -- up to-twelve (~2) times per year. (3-~-93)

OS. Generators. Generators -- up to twelve (~2) times 

per year. (3-~-93)

06. Conduct Insoections. Nothing in the orQcQn;~cr

schedule of frequency-levels may be const~~ed as -limici;g

the Department's authority to conduct inspections when 

IDAPA ~6 -- 7 
IDAPJ~.. l6. 01..05 

there is reasonable cause to suspect a violation of ~~~ or 

these r~les. The Director may by policy guidance rna~orandum

modify the inspection f=equency levels as necessary for the effec~ive or efficient enforcement of ~~ and th~se rules. 

(3-l-93) 

801..·-- 849. (RES2R';J.::.D) 

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

01. False Statemen~s 0= Representations. Any pe=son who
 

makes a false s~atement or representation in ~~y application,
 

label, m~~ifest, record, repo=t, permit or other docume~t filed,
 

maintained or used for ~~e pu=?ose of complying with these rules
 

or HWMA ~~ereby commits a violation. Each false statemen~ or rep­


resentation constitutes a separate and distinct violation for
 

which civil penalties may be imposed. Any person . who ~~owingly
 

makes a false statement or =epresentation of ~~e type described
 

above is, in addi ti on to c i vi 1 penalti e s, . subject to criminal
 

prosecution for the commission of a misdeme~~or for eac~ State­


me~t or representation. (3-1-93)
 

02. Failure to Comply With These Rules, The ~WMA, or
 

Other Requirements. Any person who violates ~~ese rules, EWMA, or
 

~~y permit, standard, condi~ion, requirement, compli~~ce agree­


ment or order issued pursu~~t to ~~ese rules or HWMA ~~e=e~y ccm­


mits a violation. Civil penalties may be imposed for each sepa­


rate violation and for each day of continuing violation. &~y per­


son who knowingly commits a violation of the type described above
 

is, in addition to civil penalties, subject to criminal prosecu­


tion for ~~e commission of a misdeme~~or for each separate viola­


tion ~~d for each day of a continuing Violation. (3-1-93)
 

~~e-eR~e~e~~~~e-e~-ee;~~e.~~e~-ef-~e~e-~~~-~we--~a~e~ee--~~e:!.s~~a

e. ...... e. a _ ;0;;1 f ~.,._"""e"/'O'C'~J - ~ n ~ ~ - c - __ .". =~Aae _._0;;;) __ aeQe~~=a_~~_a~w_~~~e~_a~=~A=~e~ W. - _._~ _a. -"-..l ":;)_v ._ - __ ... .-

:!.~e~-e.-f~~e~~~-e't-~~e-3ee.~e-~~e.~-a-t;~ee.~e~-eR~e~e~~:!.~e-e~-ee;~~e­

~~e~-~s-~~:!.ae~~-~~e--~eeesse~'t--~e--~~e~ee~--~~e--~~;~e--~ee;~7

aeCA=W-~W-e~~~-e~-e~=- iii;OI 'fOiil_ ._ _ _ __-;1 .. - . ~~-~O-BB~ \ - - '-" 7

851. (RESERVED) . 

EX?ENPTTURES FROM EAZARDOUS WASTE EMERGENCY ACCOUNTS. 

The Director mav declare a haz~-dous waste emercrencv if the public he=lth, safetv or the env:ronment are th~eatened bv a =elease 

or threat of release of a h=zardous waste or a substa~ce.which

has become a hazardous waste. =ollowincr a hazardous waste emercrencv declabation, the De~a~tment mav snend or oblicrate to be 

s~ent un to two hundred thousa~d dollars ($200,000) from the Eaza~dous Waste Emercre~cv Accou~~ and from the Eaza~dous Waste 

Tbainincr, Emercre~cv, and Monitorincr Account bv annronriation, to 

obta~n ecruinment and materials, conduct investicrations, test samoles, and emnlov oersonnel as necessarv or el~minate or m~t~crate

the ~mmediate threat and s~abil~ze the situation. The Director 

mav authorize the e}~enditure or oblicration of mor~ than ~wo hu~­

d=Qd thousand dollars ($200,000) from these accounts in a~v civen 

sit~ation unon a findincr bv the Board that a qreate~ e~nenditure

'-I /9 L/ BULL:::'!'IN -- 123
 
E'INP-.L RULE
 

e E..~ZARDOUS WASTE DOCKET NO. 16-0105-9302
 

is 'O!.-udent apd nece5sa~ to 'O~otect the 'Oublic 

healt."l , sa&.::."tv o~ envi:;onment. (2-11-9.:1.) 

901. 00-

.,# .... :::::J .. (R=:SERYW) .

996. ADMINISTRATIVE PROVISIONS. Except as set fort.~ in Section 013., administ=ative appeals from all final ag~~cy decisions 

shall be gover:led by Idaho Depa=t:n~"lt of Eeal t.~ and Welfare Rules 

Sections IDAPA 16.05.03000. et seq., "Rules Governing Contested 

Cases and Declaratory Rulings." (2-11~94)

124
 
NOTICE OF FINAL RULE 

DO~~T 16-0000-9300 

S~~.TION OF RULES 

SUBJECT: 

'f. Rules ~,d St~~da~ds for Eaza~dous Waste 

Rules Gove~ing Public Drinking Wate~ Systems 

Rules for O~e Processing by Cyanidation 

Rules Gove~ing Food Stamps 

Rules Gove~ing Medical Assistance 

Rules Gove~ing Medicaid Provider Reimbursa~ent in Idab.o 

Rules Gove=ning Contested Case P~oceedings ~~d Decla~atory Rulings 

Rules Gove~ing Id~~o Child Care Program for At-Risk Families 

Rules Governing Id~~o Child Care Program Title IV-A (Nor.-Jobs) 

Rules Gove~ing Aid to F~~ilies with Dep~~dent Child~en

Rules Gove=.ning Refugee Resettlem~~t

Rules Governing Eme~g~~cy Medical Services 

ACTION: The action, unde~ Docket No. 16-0000-9300, involves the 

amendment, adoption, repeal ~~d r~~umbe~ing of ~~e above refer­

~~ced Rules of t.~e Depa~tm~~t of Eealt.~ ~~d Welfare. 

AUTBORITY: The Boa~d and ~"le Director of ~~e Depar"':m~~t of Eeal-:.h 

.. 

~~ ~~d Welfare he~einafter inco~orate by reference, as ~e author­ " 

:~	 ity for each docket of ~~is final r~l~~aking, t.~e provisions 

describing ~~e AUTEORITY as previously published in t.~e Id~~o

~eJ Administrative Bulletin as cited below: 

}Xules ~,d Standa~ds fo~ EEzs~dous Wssrie, Docket No, '5-0'05-9302. 

See Docket No. 16-0105-9302, Volume 94-4, April 6, 1994. 

Rules Gove=ning Public Drinking Wate~ Systems, Docket No. 

16-0108-9302. See Docket No. 16-0108-9301, Volume 93-5, Novembe~

::. 6, 1993. 

Rules for Ore ?~ocessing by Cyanidation, Docket No. 16-0113-9401. 

See Docket No. 16-0113-9401, Volume 94-5, May 4, 1994. 

Rules Gove=r.ing Public Food Stamps, Docket No. 16-0304-9303. See 

Docket No. 16-0304-9301, Volume 93-3, September 3, 1993. 

Rules Gove=.ning Medical Assist~~ce, Docket No. 16-0309-9324. See 

Docket No. 16-0309-9302, Volume 93-4, Octobe~ 1, 1993. 

Rules Gove=nir.g Medicaid P~ovide~ Reimbu=sem~~t in Id~~o, Docket 

No. 16-0310-9304. See Docket No. 16-0310-9303, Volume 93-4, Octo­ be~ 1, 1993. 

6)/1<1 BULLETIN -- 188 
Rules Gove~ing Contested Case ~roceecings ~C Declaratory Rulings, Docket No. 16-0503-9303. See Docket No. 16-0503-9302, Vol­ "

\ 

'j ume 93-5, November 6, 1993.
 

I
 

Rules Gove~ing Id~~o Child Care Program for At-Risk Families, o

Docket No. 16-0610-9302. '~ee Docket No. 16-0610-9301, Volume 

93-5, Nov~~er 6, 1993. 

Rules Governing Idaho Child Care Program Title IV-A, (Non Jobs), 

Docket No. 16-0611-9302. See Docket No. 16-0611-9301, Volume 

93-5, November 6, 1993. 

Rules Governing Aid to Families wi~~ Dependent Chilcreh, Docket 

No. 16-0301-9309. See Docket No. 16-0301-9306, Volume 93-4, 

October 1, 1993. 

Rules Gove~ing Refugee Resettlement, Docket No. 16-0306-9302. 

See Docket No. 16-0306-9301, Volume 93-5, Nov~mber 6, 1993. 

Rules Governing Emerg~~cy Mecical Services, Docket No. 

16-0203-9302. See Docket No. 16-0203-9301, Volume 93-2, August 6, 

1993. 

DESCRIPTIVE S~~Y:T.he following is a summary of ~~e reasons for 

adopting the final rule and a statem~~t of any changes made to ~~e initial proposed text. 

~Rules ~~d St~~dards for Eazardous Waste, Docket No. 16-0105-9302. 

The Final Rule Section 16.01.05.996 is.being corrected to read as 

follows: 

996. ~~M!NIS~.TIVE PROVISIONS. Except as set forth in Sec­ c 

tion 013., administrative appeals from all final agency·decisions 

shall be governed by Idaho Department of Eeal~~ and Welfare Rules 

Sections IDAPA 16.05.03000. et seq., "Rules Governing Contested 

Cases anc. Declaratory Rulings." (2-l1-94) 

Rules Governing Public Drinking Water Systems, Docket No.
 

16-0108-9302.
 

The Final Rules are being adopted as proposed. in Idaho A~~inistrative Bullet~n, Volume 93-5, November 6, 1993, pages 259-322.
 

Rules for Ore Processing by Cyanc.ation, Docket No. 16-0113-9401.
 

A correction is being made to a typographical error made in Sec­


tion 16.01.13.200.03.a. and should read "10 power [negative}-7".
 

The Subsection should read as follows:
 

a. Ee designed for a maximum coefficient of pe~eability to 10no~e~-7, cm/sec; a clay liner shall also have a minimum 

't..":.ick.'"less of 12 inches i (1-1-88) 

Rules Governing Food Stamps, Docket No. 16-0304-9303. 

The Final Rules are being adopted as proposed. 

Rules Gove~ing Medical Assistance, Docket No. 16-0309-9324. 

The Final Rules are being adopted as proposed. 

61friEULLETIN -- 189 o

I 
Rules Gove~ing Medicaid Provider Reimbursement in Idaho, Docket 

No. 16-0310-9304.
 ~e Final Rules are being adopted as proposed.
 _-1 Rules Gove~ing Contested Case Proceedings and Declaratory Rulings, Docket No. 16-0503-9303.
 

The Final Rules are being adopted as proposed, wi~~ ~~e exception
 

of a typographical correction made to Section 50, in Idaho Admin­


istrative Bulletin, Volume 93-5, NOve~er 6, 1993, page 423.
 

Rules Gove~ing Idaho Child Care Program for At-Risk Families,
 

Docket No. 16-0610-9302.
 

The Final Rules are being adopted as proposed.
 

Rules Governing Idaho Child Care Program Title IV-A, -(Non-Jobs) ,
 

Docket No. 16-0611-9302.
 

The Final Rules are being adopted as proposed.
 

Rules Governing Aid to Families wi~~ Dep~~d~~t childr~~, Docket
 

No. 16-0301-9309.
 

The Final Rules are being adopted as proposed.
 

Rules Governing Refugee Resettl~~~~t, Docket No. 16-0306-9302.
 

The Final Rules are being adopted as proposed.
 

Rules Gove~ing Emerg~~cy Medical Services, Docket No.
 

16-0203-9302.
 

The proposed rules have be~~ amended in response to public comment .!},.­ and to make typographical, transcriptional., and cle:-ical 

corrections to ~~e rules, and a:-e being amended pursua..~t to Section 67-5227, Ida..~o Code. The following sections of ~~e final 

rules have been amended from the proposed rules: 

16.02.03.003 - corrects a typographical error 

16.02.03.003.01.m - corrects a typographical e:-ror 

16.02.03.003.01.p - adds one (1) representative who is an administrative county EMS director 

16.02.03.003.01.q - adds one (1) U~S inst~~ctor who represents 

~~e interests of Idaho ~~S educators a..~d evaluators 

16.02.03.003.01.r has been renumbered 

16.02.03.003.02. c - adds ~~e word "standards" 

All of ~~e above refe:-enced final rules are effective April 8, 

1994. 

ASSIST~~CE ON TECENlCAL QUESTIONS, SUBMISSION OF WR!TTEN COM­

~.ENTS: For assistance on technical ~~estions concerning t~e final 

r~le, contact Karen L. Gustafson at (208) 334-5564. 

DAT~D ~~is 1st day of June, 1994. 

Karen L. Gustafson 

Administrative P:-ocedures Coordinator DF~ Legal Services Division 

450 West State Street, lOth Floor 

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(BREAK - TEXT OF RULE FOLLOWS) 

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