State of Idae e 

DEPARTMENT OF HEALTH AND WELFARE 

Office of the Director 

450 W, State Street 

" Boise, Idaho 83720 CECIL D, ANDRUS I '	 (208) 334-5500 Governor 

RICHARD p, DONOVAN	 t ::C; 0 1 1989 Director 

OffiCE OF 

REGIONAL ADMINISTRATOr 

November 17, 1989 

Robie Russell
 

Regional Administrator
 

Environmental Protection Agency
 

Region 10 HW-112
 

1200 sixth Avenue
 

Seattle, Washington 98101
 

Dear Mr. Russell: 

On July 8, 1988, Idaho submitted to the Environmental Protection 

Agency an application for final authorization of the Resource 

Conservation and Recovery Act (RCRA) program. By ~his letter, 

pursuant to section 3006(g) of RCRA, we request interim 

authorization for the corrective action portion of the program. 

Final authorization is still requested for the rest of the program. 

Thank you. 

RPD/mlll 

cc:	 Susan Bromm 

Joe Carra 

Cheryl Koshuta 
OFFICE OF THE GOVERNOR 

STATE C,...,TOL 

BOISE
 

CECIL D ANDRUS
 

GOVEPNOR 

June	 30, 1988 

Robie Russell, Administrator 

u.s. Environmental Protection Agency 

Region X, Mis 409 

1200 Sixth Avenue 

Seattle, WA 98101 

Dear	 Robie: 

• 

I am pleased to submit for EPA approval the State of 

Idaho's application to obtain Hazardous Waste Program 

Authorization pursuant to Section 3006(b) of the Federal 

Resource Conservation and Recovery Act (RCRA) • 

I am gratified by the cooperative spirit that your 

staff has exhibited in evaluating our previous drafts and 

in working with the Department of Health and Welfare to 

ensure that the State has the capability and authority to 

conduct a hazardous waste program in lieu of the federal 

program. I hereby request your review of Idaho's final 

Authorization Application and the granting of authorization 

for the Idaho hazardous waste program. 

Sincerely, 

~~Cecil D. Andrus 

Governor 

CDA:ab ,. enclosure 

cc:	 Jim Jones, Attorney General 

Richard Donovan, Director, Department of Health and 

Welfare 

Kenneth	 Brooks, Administrator, Division of Environmental Quality 

•
 
STATE OF IDAHO 

DIVISION OF ENVIRONMENTAL QUALITY 

450 West State Street 

Boise. ID 83720·9990 

July 6, 1988 

Robie G. Russell
 

Regional Administrator, EPA
 

1200 Sixth Avenue
 

Seattle, Washington 98101
 

Re: Hazardous Waste Authorization Package 

Dear Mr. Russell: 

Attached is Idaho's submittal for aut~orization of the state's 

hazardous va st;e program. with the strong support' of the Idaho Legislaturl~, Idaho has. been building its hazardous waste program'­

for the pa~t several years. We now have a solid compliance and' 

enforcement program, a pro~uctive and effective permit unit, and e·· a solid core of programmatic support for the hazardous waste

program. 

Idaho has met or exceeded all of its RCRA grant commitments for 

inspection activities in the past two years. Although we have 

increased our resources for compliance activities, Idaho has 

experienced the same difficulties in recruiting and keeping 

trained hazardous waste staff as EPA and other states. However, 

our only vacancy now is the Compliance Manager position. This 

position should be filled by mid-July. Due to past vacancies, it 

was not a lways possible to complete compliance actions in as 

timely a fashion· as we would have liked. However, we have 

developed a strong, fair, and consistent compliance program and 

we have made it a high priority to meet the timely and 

appropriate guidelines of our enforcement response policy. It is 

our intHnt and policy that inspections and sUbsequent enforcement 

actions will be completed quickly and effectively. 

Idaho's permit writing capability has also increased tremendously 

over tt.,e past two years. Approximately one year ago, Idaho 

dedicatl~d ~pecific individuals to permit writing rather than have 

them split their time between permit writing and compliance 

activities. This decision has led to a qualified and effective 

•
 

EQUAL OPPORTUNITY EMPLOYER
 
Robie G. Russell. • July 6, 1988 

Page Two 

permit writing unit. A s t zonq commitment to training and a 

strong desire to meet or beat all of the RCRA statutory permit 

issuance deadlines has allowed the permit writing unit to develop 

its capabilities very quickly. 

Working in concert with EPA permit writers, several permits will 

be issued in Idaho within the next six months, inclUding the 

Envirosafe Services of Idaho, Inc. land disposal facility permit. 

In the next few years, emphasis will be placed on the issuance of 

the massive Idaho National Engineering Laboratory permits. The 

size of the facility, the complexity of the issues, and the 

existence of radioactive mixed waste at the facility, will make 

issuance of these permits a major challenge. The Idaho program 

is ready and willing to tackle it. 

• 

In addition to the core of compliance and permitting activities, 

the Idaho hazardous waste program has also developed substantial 

data management capabilities. We intend to tie into the national 

RCRIS System when it is available. In the meantime, we have 

developed computerized reporting systems which adequately serve 

the state's need for complete and accurate information as well as 

EPA's need for information in a format consistent with national 

guidelines. 

Training is one aspect of the Idaho program of which we are 

especially proud. On the average, Idaho hazardous waste program 

staff attend two to three major training sessions per year. 

Weekly training sessions are also held within the Hazardous 

Materials Bureau to ensure that compliance and permit personnel 

are kept fully up-to-date on new regulatory requirements, new 

technologies, and new policies and guidance. 

Although Idaho's hazardous waste program has grown SUbstantially 

in the past few years, the program is still small enough that its 

elements are well integrated into a consistent program~ Within 

the past year, the hazardous wast~ program has matured beyond 

those elements which are required for authorization. These 

activities include development of pUblic education and waste 

minimization programs, and household hazardous waste collection 

day activities. Only by addressing the full range of hazardous 

waste related activities can Idaho effectively deal with the 

problems of the future. 

It is our hope that EPA will act quickly to grant authorization 

to the Idaho hazardous waste program. Our solid,. consistent 

• 

program is easily equivalent to EPA's hazardous waste program . 
• 

Robie G. Russell 

July 6, 1988 

Page Three 

Authorization of the Idaho program will best serve Idaho 

citizens, and best enable EPA and the state to ensure the vital 

protection of human health and the environment in Idaho. Thank 

you for your consideration • 

.SiZ~; ~. ~n~h D.~f~ Administrator t~vision of Environmental Quality 

KDB/CRK/njp 

• 

cc: Cheryl R. Koshuta, Hazardous Materials Bureau
 

David Humphrey, IDHW Office of the Director
 

Andy Brunelle, Governor's Office
 

Representative Emerson Smock, Idaho State House of
 

Senator James McClure, United States Senate
 

Senator Steven Symms, United States Senate
 

Representatives 

Representative Richard Stallings, United States House of 

Representatives 

Representative Larry Craig, United States House of 

Representatives 

Lynn McKee, EPA Idaho Operations Office 

Northwest Hazardous Waste Advisory Council 

Senator Denton Darrington, Idaho State Senate 

Representative Leanna Lasuen, Idaho House of 

Representatives 

Dr. William Saul, Dean of Engineering, University of 

Idaho 

Joan Cloonan, Assistant General Counsel, J.R. Simplot 

John Barry, Manager for Environmental, Safety, and 

Health Programs, INEL 

Idaho Hazardous Waste Advisory Committee 

Cliff Clark, INEL Environmental Scientist 

Tom Korpalski, Hewlett-Packard Safety and Industrial 

Hygiene Manager 

Captain L.J. Nickerson, MCSAP Commander 

Steve Rose, Environmental Health Director, Southwest 

District Health Department 

Fred Hutchison, Radiation and Laboratory Safety 

Officer, University of Idaho 

Glen Koch, Canyon County Commissioner 

• 

David Mabe, Executive Director, Idaho Petroleum Council 

Chief Doug Call, Idaho Falls Fire Chief 

Peg Mendenhall, Vice-President, League of Women Voters 

I 
Robie G. Russell 

• 

July 6, 1988
 

Page Four
 

Idaho Hazardous waste Advisory Committee (continued) 

Armond Baril, Vice-President and General Manager, Bob 

Rice Ford 

steve Provant, Hazardous waste Chief, EPA Idaho 

Operations Office 

Shiela Robertson, Idaho Conservation League Public 

Policy Coordinator 

Idaho Health Department Directors 

Larry M Belmont, Pan~andle

James Giuffre, North Central 

Dave Reese, Southwest 

Huey R. Reed, Central 

Gerald V. Hurst, South Central 

Jack B. Jelke, Southeastern 

Wm. Bruce Arnell, District Seven 

•
 

•
 
• S1'ATE OF IDAHO
 

APPLICATION
 

SEEKING AUTHORIZATION 

•
 

TO ADMINISTER & ENFORCE··
 . . -. .; ::.":. .. ,':. : . 

- A RCRA/HSWA PROGRA'M· ,.,". > 

JULY 1988 

• "'------­ ----..1 
AUTHORIZATION APPLICATION
 

• 

TABLE OF CONTENTS 

_ PROGRAM DESCRIPTION 

I. BACKGROUND ....•.•.•..................•........... '. . . . 1
 

II. SCOPE, STRUCTURE, COVERAGE, AND PROCESSES OF THE IDAHO
 

PROGRAM ....•........................ . . . . . . . . • • . .
 2 

A. State Regulatory Equivalency . . . . . . . . . . . . . . • . . . . . . . . . . . . . . 4
 

B. Organization and Structure . . . . . . . . . • . . . . • . . • . . . . . . . . . . . • . 6
 

C. Staff Job Descriptions . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
 

D. Projected Staffing Needs .•.... . . . . . . . . . . . . • . . . . . . . . . . . .. 19
 

E. Training. . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
 

F. , P(ogram Funding ................................•.... 23
 

G. Ancillary Staff Support . . . . . • . . . . . . . . . . . . . . . . . . . . ..'. . . . .. 23
 

1. Administrative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23
 

2. Technical Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
 

3. Laboratory . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . .. 25
 

'.
 4. Contract Mechanisms 27
 

H. .Operational Procedures . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. 30
 

1. Scope of Regulated Community . . . . . . . . . . . . . . . . . . . . . .. 30
 

2. Hazardous Waste Handler 32
 

3. Manifesting. • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40
 

4. Inspections. . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 41
 

5. Hazardous Waste Transportation Authorities 43
 

6. Enforcement Program Summary 45
 

7. Criminal EnforcemenfProcedures 49
 

8. Waste Stream Delisting ......•..................... 50
 

9. Information Managemont ...••...................... 51 .., .
 

10. Permitting Program .. . . ... . . . . . . . . • . . . . . . . . . . . . . . .. 57 .,
 

I. Implementation of HSWA Amendments. . . . . . . . . . . . .. .. . . . . . .. 82
 

1. Land Disposal Ban Restrictions Program . • . . . . . . . . . . . . ... 82
 

2. Hazardous Waste as Fuel Program ..•......... . . . . . .. 84
 

3. Waste Oil as Fuel Program •..•.•.... '. . . . .• 85 -. 

"'. '':,. 4. Small Quantity Generator Program . . . . . . . . . ' 86
 

5. Dioxin Waste Management Strategy . . . . . . . . . . . . . . . . . . .. 87
 

6. .Corrective Action Program ........•................. 88
 

J. Radioactive Mixed Waste Management . . . . . . . . . . . . . . . . . . . . . .. 91
 

• 

K. . Underground Injection Control 92
 
•• 

••• 

• APPENDICES 

A. HAZARDOUS WASTE MANAGEMENT ACT 

B.	 STATE REGULATIONS 

C.	 EPA/STATE MEMORANDUM OF AGREEMENT 

D.	 ATTORNEY GENERAL STATEMENT 

E .	 COMPLIANCE ENFORCEMENT STRATEGY 

F.	 ENFORCEMENT RESPONSE POLICY 

G.	 CIVIL PENALTY POLICY 

H.	 INSPECTION CHECKLISTS 

I.	 LAND DISPOSAL BAN RESTRICTIONS MANUAL 

J .	 COMPLIANCE TRACKING FORMS 

K.	 HAZARDOUS WASTE MANIFEST AND INSTRUCTIONS 

L.	 CHAIN-OF-CUSTODY FORM 

M.	 HAZARDOUS WASTE FACILITY SITING ACT 

N.	 HAZARDOUS WASTE MANAGEMENT PLAN 

O.	 STATUTORY EQUIVALENCY CHECKLIST 

P.	 REGULATORY EQUIVALENCY CHECKLIST 

Q.	 IDWR AND OLE MEMORANDUM OF AGREEMENT 

R.	 IDAHO RULES OF CIVIL PROCEDURE 

S.	 TITLE 9, CHAPTER 3, IDAHO CODE: "PUBLIC WRITINGS" 

T.	 TITLE 12, CHAPTER 1, IDAHO CODE: "COSTS AND MISCELLANEOUS 

MATTERS IN CIVIL ACTIONS" 

U.	 TITLE 42, CHAPTER 39, IDAHO CODE: "WASTE DISPOSAL AND 

INJECTION WELLS" 

V.	 TITLE 49, CHAPTER 25, IDAHO CODE: "HAZARDOUS MATERIALS/WASTE 

TRANSPORTATION ENFORCEMENT ACT" 

W.	 SECTION 54-1009, IDAHO CODE: "REVOCATION OR SUSPENSION OF 

LICENSES 

X.	 SECTION 67-5215, IDAHO CODE: "JUDICIAL REVIEW OF CONTESTED 

CASES" 

Y.	 INJECTION WELLS RULES AND REGULATIONS 

Z.	 TITLE 60, CHAPTER 1, IDAHO CODE: "CONTRACTS FOR PRINTINGPUBLICATION OF NOTICES"
 

AA. PUBLIC PARTICIPATION