EPA Docket Number:

EPA-RI O-RCRA-201 1-0973

2012 Codification

EPA - Approved

Idaho Statutory and Regulatory Requirements

Applicable to the

Hazardous Waste Management Program

July 201 2
t
EPA APPROVED IDAHO REGULATORY REQUIREMENTS

APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM

Idaho Administrative Code

Department of Environmental Quality

IDAPA 58.01.05 - "Rules and Standards for Hazardous Waste"

2011 Edition

State Citation Description Page

58.01.05.001 Title. 2

58.01.05.002 Incorporation by reference of Federal regulations. subject to

certain exceptions; availability of reference materials:

Superintendent of Documents; Administrative Procedures Section.

2

58.01.05.003 Definitions. 2-3

58.01.05.004 Hazardous waste management system: adoption of July 1. 2010,

40 CFR Part 260, subject to certain exceptions.*

3

58.01.05.00.5 Identification and listing of hazardous waste; adoption of July 1,

2010, 40 CFR Part 261. subject to certain exceptions.'

3-6

58.01.05.006 Standards applicable to generators of hazardous waste; adoption of

July 1, 2010, 40 CFR Part 262, subject to certain exceptions,*

6

58.01.05.007 Standards applicable to transporters of hazardous waste; adoption

of July 1, 2010, 40 CFR Part 263.

6

58.01.05.008 Standards for owners and operators of hazardous waste treatment,

storage and disposal facilities: adoption of July 1, 2010, 40 CFR

Part 264. subject to certain exceptions.*

6

58.01.05.009 Interim status standards for owners and operators of hazardous

waste treatment, storage and disposal facilities: adoption of July 1.

2010, 40 CFR Part 265, subject to certain exceptions.*

6-7

58.01.05.010 Standards for the mana gement of specific hazardous wastes and

specific types of hazardous waste facilities: adoption of July 1.

2010, 40 CFR Part 266.

7

58.01.05.011

(except 4th sentence)

Land disposal restrictions: adoption of July 1. 2010. 40 CFR Part

268, subject to certain exceptions.

7

58.01.05.012 Hazardous waste permit program: adoption of July 1. 2010, 40

CFR Part 270, subject to certain limitations.*

7

58.01.05.013 Procedures for decision-making (State procedures for RCRA or

I-IWMA permit applications.); adoption of July 1. 2010. 40 CFR

Part 124, Subparts A, B and G, subject to certain exceptions.

7

58.01.05.015 Standards for the management of used oil; adoption of July 1,

2010, 40 CFR Part 279.

7-8

58.01.05.016 Standards for universal waste management; adoption of July I.

2010, 40 CFR Part 273.

8

58.01.05.017 Criteria for the management of granular mine tailin gs (CHAT) in

asphalt concrete and Portland cement concrete in transportation

construction projects funded in whole or in part by Federal funds.

8

58.01.05.018 Standards for owners and operators of hazardous waste facilities

operating under a standardized permit; adoption of July 1, 2010.

40 CFR 267.

8

58.01.05.356.01 Variance application for treatment, storage and disposal facilities

or sites; application contents and standard of review.

9

58.01.05.998 Inclusive gender and number. 11

*Additional details arc included in the Idaho Authorization Final Rules and Supporting Documents round in the Idaho Authorization

Public Dockets; located in www,re g ulations-troy
C
C.L. "BUTCH" OTTER

Govenior

TERESA LUNA

Director

DENNIS STEVENSON

Rules Coordinator

State of Idaho

Department of Administration

Office of the Administrative Rules Coordinator

630 West State Street

P.O. Box 83720

Boise, ID 83720-0306

Telephone (208) 332-1820

FAX (208) 332-1896

hup://adm.idaho.gov/adnvnrules/

TO: John Brueck

Department of Environmental Quality

FROM: Dennis Stevenson /

Administrative Rules Coordinator

DATE: May 25, 2011

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

Quality in the 201.1 Idaho Administrative Code

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

Quality have been promulgated in compliance witch the provisions of Title 67, Chapter

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

Code.

The 201 1 Idaho Administrative Code was officially published upon the conclusion of the

First Regular Session of the 6l st Idaho Legislature pursuant to Section 67-5204, Idaho

Code.
Table of Contents

58.01.05 - Rules and Standards for Hazardous Waste

000. Legal Authority 2

001. Title 2

002. Incorporation By Reference Of Federal Regulations 2

003. Definitions 2

004. Hazardous Waste Management System 3

005. Identification And Listing Of Hazardous Waste 3

006. Standards Applicable To Generators Of Hazardous Waste 6

007. Standards Applicable To Transporters Of Hazardous Waste, 6

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

And Disposal Facilities 6

9. interim Status Standards For Owners And Operators Of Hazardous Waste

Treatment, Storage And Disposal Facilities 6

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

Types Of Hazardous Waste Facilities 7

11. Land Disposal Restrictions 7

12. Hazardous Waste Permit Program 7

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

Applications) 7

14. (Reserved) >.> 7

15. Standards For The Management Of Used Oil 7

16. Standards Far Universal Waste Management > 8

17. Criteria For The Management Of Granular Mine Tailings (CHAT) in Asphalt

Concrete And Portland Cement Concrete In Transportation Construction

Projects Funded in Whole Or In Part By Federal Funds 8

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

Under A Standardized Permit 8

19. -- 354. (Reserved) 8

355. Hazardous Waste Facility Siting License Fee 8

356. Variance Applications For TSD Facilities Or Sites 9

357. -- 499, (Reserved) 9

500. Routing Of Hazardous Waste Shipments 9

501. -- 799. (Reserved) 10

800. Inspection Plan -- Frequency Levels R 10

801. 849. (Reserved) 10

850. Illegal Actions, 10

851. -- 899. (Reserved) 10

900. Expenditures From Hazardous Waste Emergency Account 10

901. 995, (Reserved) > 11

996. Administrative Provisions. .> 11

997. Confidentiality Of Records 11

998. Inclusive Gender And Number 11

999. Severability 11

(

Page 1 JAC 2011
C1

IDAPA 58

TITLE 01

CHAPTER 05

58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE

These rules are adopter p r. - on vested in the Board of Environmental Quality by the Hazardous

Waste Management Act of 1983, as amended ( • r • - , - _ •-'401 et seq., Idaho Code, and the authority

vested in the Director of the Department of Environmental Quality by the 'azarr r r n Siting Act of

1. 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)

2. INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS.

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

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

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

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

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

permits for Underground Injection Control (U.I.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 System (NPDES) under the

Clean Water Act or Prevention of Significant Deterioration Program (PSD) under the Clean Air Act is adopted or

included by reference herein. (5-8-09)

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

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

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

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

and (7-2-97)

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

(7-2-97)

003. DEFINITIONS.

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

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

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

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

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

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

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

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

rules, the definition shall be the U, S, Environmental Protection Agency Region 10 Regional Administrator, (5-3-03)

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

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

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

(3-15-02)

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IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05

Department of Environmental Quality Rules & Standards for Hazardous Waste

6. U.S. Environmental Protection Agency or EPA, EPA Headquarters, or EPA. When used in the

context of 40 CFR, the definition shall be the Idaho Depainnent of Environmental Quality, except when used to refer

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

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

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

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

Agency. (3-15-02)

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

(3-1-93)

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

(3-1-93)

9. IDAPA. The Idaho Administrative Procedures Act, Title 67, Chapter 52, Idaho Code. (3-1-93)

10. RCRA. When used in the context of 40 CFR, the definition shall be the comparable sections of the

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

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

(7-1-97)

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

shall be the Director of the Idaho Department of Env ironmental Quality, or his designee, except where noted in these

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

Administrator or Region 10 Regional Administrator as appropriate. (3-15-02)

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

States. (7-1-97)

4. HAZARDOUS WASTE MANAGEMENT SYSTEM.

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

revised as of July I, 2010, For purposes of 40 CFR 260.10, in the definition of hazardous waste constituent,

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

CFR 260.20, "Federal Register" shall be defined as the Idaho Administrative Bulletin. (4-7-11)

5. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE.

40 CFR Part 261 and all Subparts, except the 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 of July 1, 2010. For purposes

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

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

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

this section should also be sent to the Director. For purposes of 40 CFR 261.4(b)(1 I Xii), 40 CFR 261 .39(a)(5), and 40

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

01. Excluded Wastes. Chemically Stabilized Electric Are Furnace Dust (CSEAPD) generated by

Envirosafe Services of Idaho, Inc. (ES11) at ESII's facility in Grand View, Idaho using the Super Detox(R) treatment

process as modified by ESII and that is disposed of in a Subtitle. D or Subtitle C landfill is excluded from the lists of

hazardous waste provided ESII implements a program 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.a., must be performed according to SW-846

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

1

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IDAHO ADMINISTRATIVE CODE IDAPA 58.04 O5

Department of Envlronmentaf Quality Rules & Standards for Hazardous Waste

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

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

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

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

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

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

Prior to the initial treatment of any new source of EAFD, ES!! must notify the Department in

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

(1) The waste profile information; and (3-16-96)

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

iii. The first four (4) consecutive batches treated must be sampled in accordance with Subsection

005.01.a. Each of the four (4) samples shall be analyzed to determine if the CSEAFD generated meets the delisting

levels specified in Subsection 005.01,, (3-16-96)

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

specified in Subsection 005.01.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. CSEADI) generated by ESII from EAFD originating from a new source shall be managed as

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

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

Subsection 005.01.d.; and (3-16-96)

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

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

vi, For purposes of Subsections 005.01.6. and 005.01.c., "batch" shall mean the CSEAFD which

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

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

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

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

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

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

u. Tile samples shall be analyzed prior to disposal of each batch of CSEAFD to determine if the

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

iii, Each batch of CSEAFD generated by ES!I shalt be subjected to subsequent verification testing no

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

n-_ If the levels of constituents measured in a sample, or composite sample, of CSEAFD do not exceed

the levels set forth in Subsection 005.01.4., then any batch of CSEAFD which contributed to the sample that does not

exceed the levels set forth in Subsection 005.01.d. is non-hazardous and may be managed and/or disposed of in a

Subtitle R 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 005.01.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

Page 4 IAC 20.11
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IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05

Department of Environmental Quality Rules & Standards for Hazardous Waste

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

(I) Retested, and retreated if necessary, until it meets the levels set forth in Subsection 005.01.d.; or

(3-) 6-96)

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

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

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

Subsection 005.01. d. (3-16-96)

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

i. All leachable concentrations for these metals must not exceed the following levels (mg/1):

(3-16-96)

Metal concentrations must be measured in the waste lcachate by the method specified in 40 CFR

Part 261,24. (3-16-96)

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

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

the process as set forth in ESII's Petition for Delisting Treated K061 Dust by the Super Detox(lt) 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 implement the proposed modification. (3-] 6-96)

iii, If ES]I modifies its treatment process without first receiving written approval from the Department,

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

iv. ESII's Petition for 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)

Records and Data Retention and Submittal. (3-16-96)

r. Records of disposal site, operating conditions and analytical data from verification testing must be

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

the records or data ate 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)

antimony 0.06

arsenic 0.50

barium 7.60

eryilium 0.0'10

cadmium 0.050

chromium 0.33

lead 0.15

mercury 0.009

nickel 1

selenium 0.16 1

silver 0.30

thallium 0.020

vanadium 2

zinc 7

Page 5 IAC 2011
IDAHO ADMINISTRATIVE CODE IDAP'A 58.01.05

Department of Environmental Quality Rules & Standards for Hazardous Waste

iii. Failure to submit requested records or data within ten (10) business days of receipt of a written

request or failure to maintain the required records and data on site for the specified time, will be considered by the

Department, at its discretion, sufficient basis to revoke the exclusion to the extent directed by the Department.

(3-16-96)

iv. 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 of the records or data submitted: "Under civil and!

or criminal penalty of law for the making or submission of false or fraudulent statements or representations, I certify

that the information contained in or accompanying this document is true, accurate, and complete A$ to any identified

sections of this document for which I cannot personally verify the truth and accuracy, I certify as the ESII official

having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that

this information is true, accurate, and complete. In the event that any of this information is determined by the

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

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

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

obligations premised upon ESII is 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 ES11's facility merging with American Ecology. This created a name change from Envirosafe

Services of Idaho, Inc. (ESII) to US Ecology Idaho, Inc, effective May I, 2001. All references to Envirosafe Services

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

006. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE.

O1, Incorporation by Reference. 40 CPR Part 262 and all Subparts, except for the language "for the

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 of July I, 2010. For purposes of 40 CFR 262.55, 262,56, and 262.57(b),

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

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

provided to the Director, For purposes of 40 CFR 26221, 262.51, 262.53, 262.54(e), 262,54(g)(1), 262.60, and

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

Subparts E, F, H, and 40 CFR 262.41(a)(4), "United States or U.S." shall be defined as the United States. (4-7-11)

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

265.56(d)(2), 262.34(d)(5)(iv)(C), (see 40 CFR 262.34(a)(4)), 263.30(c)(1), and 264.56(d)(2), the emergency

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

identical report. (3-15-02)

M. 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,

2010. For purposes of40 CFR 263.20(g), 263.20(g)(1), 263.20(g)(4), 263.21(a)(4), and 263.22(d), "United States"

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

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

STORAGE AND DISPOSAL FACIISFfES.

40 CFR Part 264 and all Subparts (excluding 40 CFR 264.1(f), 264,149, 264.150, 264.301(1), 264.1030(d),

264.1050(g), 264.1080(e), 264.1080(t) and 264.1080(g)) are herein incorporated by reference as provided in 40 CFR,

revised as of July 1, 2010. For purposes of 40 CFR Subsection 264,12(a), "Regional Administrator" shall be defined

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

264.71(0(3) and 26.4.1082(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency. (4-7-i 1)

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 265.1(c)(4), 265.149, 265.150, 265.1030(c),

265.1050(f), 265.1080(e), 265 1080(f), and 265,1080(g)) and except the language contained in 40 CFR 265.340(b)(2)

as replaced with, „The following requirements continue to apply ewe when the owner or operator has demonstrated

Page 6 IAC 2011
IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05

Department of Environmental Quality Rules & Standards for Hazardous Waste

compliance with the MACT requirements of part 63, subpart EE1? of this chapter! 40 CFR 265.351 (closure) and the

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

provided in 40 CFR, revised as of July 1, 2010. For purposes of 40 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 265.71(a)(3) and 265.1083(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental

Protection Agency. (4-7-11)

10. STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND

SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES.

40 CFR Part 266 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1,

2010. (4-7-11)

11. LAND DISPOSAL RESTRICTIONS.

40 CPR Part 268 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1,

2010, except for 40 CFR 268.1(c)(3), 268.5, 268.6, 268.13, 268.42(b), and 268,44(a) through (g). The authority for

implementing the provisions of these excluded sections remains with the EPA. However, the requirements of' Sections

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

the federal standards. if iL,. Adx,^,li3tla . f tl,c 1

1''A

,"„ts ,, a4.-l,y-.u^c ray arrcc ywau,uit t^ 4t) t 1 R 2613.5, t1

1^n1

enrt°iancc will si,,lult" „Yg1taly k.ea."tC 11.4 •^au14 4ASY by . 4.s4 v" iannA, t[J tin. ..p.;vaILl,JJi if t^U,i 1ilGllt Vf t1,/..!L .u1‘-J. 1 VI

ye, t,a ,..s of 40 CI'R 2GIl.(Z)() 'TEA" attain, &f.,led es the U.S, C t..,l>„Attttal Protection Agency. For purposes of

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

CFR 268.7(a)(9)(iii), "1)009" is excluded, (from lab packs as noted in 40 CFR Fart 268 Appendix IV.) In 40 CFR

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

12. HAZARDOUS WASTE PERMIT PROGRAM.

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 of July 1, 2010. For purposes of 40 CF'R 270.2, 270.5, 270.10(e)(2),

270.10(e)(3), 270.10(0(2), 270.10()(3), 270.10(g), 270.II(a)(3), 270.32(a), 270.32(b)(2), 270.32(e), 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. (4-7-11)

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

PERMIT APPLICATIONS).

40 CUR Part 124, Subparts A, B and U are herein incorporated by reference as provided in 40 CFR, revised as of July

I, 2010, except that 40 CFR 124.19, the fourth sentence of 40 CFR 124,31(a), the third sentence of' 40 CFR

124.32(a), and the second sentence of 40 CFR 124.33(a) are expressly omitted from the incorporation by reference of

each of those subsections, For purposes of 40 CUR 124.6(e), 124.10(b), and 124.10(c)(1)(ii) "EPA" and

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

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

015. STANDARDS FOR THE MANAGEMENT OF USED OIL.

1. Incorporation by Reference. 40 CFR Part 279 and all Subparts are herein incorporated by

reference as provided in 40 CFR, revised as of July I, 2010. For purposes of40 CFR 279.43(e)(3)(ii) "Director" shall

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

2. Used OR as a Dust Suppressant. 40 CFR Part 279 contains a prohibition on the use of used oil as

a dust suppressant at 279.82(a), however, States may petition EPA to allow the use of used oil as a dust suppressant.

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

(2-11-94)

a. Be submitted to the Idaho Department of Environmental Quality, 1410 North Hilton, Boise, Idaho

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

C

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b. Demonstrate how the requirements of 40 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 of July 1,

2010. For purposes of 40 CFR 273,32(a)(3), "EPA" shall be defined as the U.S. Environmental Protection Agency.

(4-7-11)

017. CRITERIA FOR THE MANAGEMENT OF GRANULAR MINE TAILINGS (CHAT) IN ASPHALT

CONCRETE AND PORTLAND CEMENT CONCRETE IN TRANSPORTATION CONSTRUCTION

PROJECTS FUNDED IN WHOLE OR IN PART BY FEDERAL FUNDS.

40 CFR Part 275 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1,

2010. (4-7-11)

1118. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES

OPERATING UNDER A STANDARDIZED PERMIT.

40 CFR Part 267 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1,

2010. (4-7-11)

019. -- 354. (RESERVED).

application fora siting license required by HWFSA shall be accompanied by a siting license fee in an amount

estat bed by these rules. The license fee shall not exceed seven thousand five hundred dollars ($7,500) and shall he

submitt with the siting license application. (34-93)

1. License Fee Criteria. The siting license fee required by HWFSA and these rules shall be based on

the costs to the tt epartnlent of reviewing the siting license application and the characteristics of the proposed

hazardous waste fa ity, including the projected site size, projected waste volume, and the hydrogeological

characteristics surroun ' • , the site, (3-1-93)

a, "Projected te Volume" means the total actual or potential hazardous waste volume, in gallons

osed for the hazardous waste facility. (3-1-93)

b. "Site Size" means tit urn in acres of all proposed "Hazardous Waste Management Unit(s)" as

defined in Section 004 (40 CFR 260,10), (7-1-97)

2. License Fee Scale. Except as ovided in Subsection 355.03, the siting license fee required by

HWFSA and these rules shall be determined using ttable below.

Site Size Up to *10,000 `0,0011- 20,000 More Than 20,400

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

I Equal to or greater than 112 acre, $4,flat3 but less than 1 acre $5.00 $7.5IIt)

Less than 112 acre $5,000 $6,000 $7,500

(7-1-97)

3. License Fee for Facilities Required to Submit Engineering or Hydrogeologt I Information.

For any proposed commercial hazardous waste disposal, treatment or storage facility or any on-sit nd disposal

facility for wastes listed pursuant to Section 201(d)(2) and (e), as modified by Section 209 of the Federa a.zardous

and Solid Waste Amendments of 1984, which must submit engineering or hydrogeological information to dicate

compliance with technical criteria as adopted in the Hazardous Waste Management Plan, the siting license fee all

be seven thousand five hundred dullats ($7,500). (3-1-9,

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aV iU11, C.lliif{y'vlnaul Vi ri^tc AL ii ul A ^Vlll+arCl ^inl II ..lvi v.a ^^ruatt La^ass u+^l,

e Facility or Any On-Site Land Disposal Facility for Wastes Listed Pursuant to Section

b Section 209 of the Hazardous and Solid Waste Amendments of 1984. The

ion of a hazardous waste treatment, storage or disposal facility in

which a siting license is required and for which a siting

(9-22-89)

04.

I'reattnen

201(D)(2) and (E), as

significant expansion, enlargement o

existence on July 1, 1985, constitutes a new prop

license fee must be paid.

356. VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES.

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

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

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

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

and 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 hardship; (6-10-88)

b. Is not inconsistent with EPA requirements; and (6-111-88)

c. Will not create a nuisance or a hazard to the public health, safety or the environment. (6-1Q-88)

U1. ru Dtrl rtrai3111,'S. M. UMW!' tray I LUl.i .1 puD11L i1Gallug ULL an Lrnnut iippnc. uu11 lUl a Vilri nee

d shall hold a public hearing on any application to renew or extend a variance. The public hearing shall be held at a

foe '..n in the county where the operations that are the subject of the application for the variance are conducted

unless Director determines that a different location would be more appropriate and convenient for interested

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

certified mail a • 'hall cause at least one (I) publication of notice in a newspaper with general circulation in either

the county where th- aeration is conducted or the county where the hearing is to be held. The Director shall cause to

be made a complete tee * , of the testimony and the evidence submitted at the hearing. (6-10-88)

3. Public Inform an, All information submitted as part of a variance application shall be treated as

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

available for public inspection at the D .: meat's state office and appropriate regional office. The Director shall

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

applications for variances and a current schedule lending variance hearings. (3-1-93)

04. Director's Decision. No variance sha issued or denied until the Director has considered the

relative interests of the applicant, other persons and property : leered by the variance and the public. Any variance

granted pursuant to this section shall be for a period specified b• e Director but not more than one (1) year. No

variance shall be issued or denied without a written order stating the t •'ngs upon which the decision is based.

(3-1-93)

5. Applicant to Bear Costs. The cost of public notice, recording •± transcribing of testimony and

hearing facilities shall be borne by the applicant, regardless of whether or not a variant issued. (6-10-88)

05. Siting License Fee Nonrefundable. The siting license fee require

nonrefundable an license . : ion be

t

dt may not be applied toward any subsequent application should the siting lie

edli;Cilcd vi WLtl711ld Y3l1, vi 111.1111.11

357. -499. (RESERVED).

500. ROUTING OF HAZARDOUS WASTE SHIPMENTS.

01. Transr(^t1}^•lorting. Any person transporting a quantity of hazardous waste which requires a ma

ab,ifl, ha-tire- tatl,rri 1rL JJl V3`.

1

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M. Use Mate, L'271IGJ utIeJ 416 1n1ULM-MG nlb'nwayb, an t6-1 O-if 1S)

b Avoid municipalities and population centers, even when doing so may add miles to the. distance

travel (6-10-88)

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

hazardous w: to constitutes a greater than normal risk to the public health, safety or environment, prescribe by order

particular cony' ions for that shipment or shipments including but not limited to special placarding, pilot vehicles,

routing restrictio parking restrictions and timing restrictions. (6_ ]0-88)

02. Generator On-Site TS acilities. Generator on-site TSD facilities or sites -- up to twenty (20)

times per year. (3-1-93)

3, Transport Vehicles, Transport hides as necessary. (3-6-91)

Transport Facilities. 4, Transport fact ies or sites -- up to twelve (12) times per year. (3-1-93)

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

6. Conduct inspections. Nothing in the precc+' ig schedule of frequency levels may be construed as

limiting the Department's authority to conduct inspections when here is reasonable cause to suspect a violation of

1{W MA or these rules. The Director may by policy guidance memo ndum modify the inspection frequency levels as

necessary for the effective or efficient enforcement of HWMA and th e rules. (3-1-93)

800. INSPECTION

The Department may, as tin

rules, their records, and prop

public health or environment.

AN -- FREQUENCY LEVELS.

and resources permit, conduct regular inspections of persons or entities subject to these

at approximately the following frequency levels based upon potential risk to the

(3-6-91)

acilities, Commercial TSD facilities or sites or offsite generator TSD facilities

(3-6-91)

801. - 849. (RESERVED).

850. ILLEGAL ACTIONS.

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

in any application, label, manifest, record, report, permit or other document filed, m tamed or used for the purpose

of complying with these rules or HWMA thereby commits a violation. Each fels statemeni or representation

constitutes a separate and distinct violation for which civil penalties may be imposed, y person who knowingly

makes a false statement or representation of the type described above is, in addition to + vii penalties, subject to

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

2. Failsire to Comply with These Rules, the HWMA, or Other Requirement' Any person who

violates these rules, HWMA, or any permit, standard, condition, requirement, compliance agreeme or order issued

pursuant to these rules or HWMA thereby commits a violation. Civil penalties may be imposed fo •ach separate

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

described above is, in addition to civil penalties, subject to criminal prosecution for the commis on of a

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

851. -- 899. (RESERVED).

900. EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNT.

The Di, iui may aka lnlc liacald^ is urtrbt wl if tl1e re .,l,lR lr^ Ill f t tla k. uvi \

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GlGPAC 'ii elII edt Vf 1tll,t* Ui 4 IAtTi4z&Ju w, 61 .1 al hsbiter wltie lldy b et-tame a hard; ous waatc. hawing

a haz : • is waste emergency declaration, the Department may spend or obligate to be spent up to two hundred

thousand do ... ($200,000) from the Hazardous Waste Emergency Account to obtain equipment and materials,

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

and stabilize the situatio , he Director may authorize the expenditure or obligation of more than two hundred

thousand dollars (5200,400) fro is account in any given situation upon a finding by the Board that a greater

expenditure or obligation is prudent an i cessary to protect the public health, safety or environment. (5-3-03)

997. CONFIDENTIALITY OF RECORDS,

Information obtained by the Department under these rules shall be disclosed to the public in accor e with Chapter

3, Title 9, Idaho Code. Information submitted under a trade secret claim may be entitled to confidentia Itment by

the Department as provided in Section 9-342A, Idaho Code, and IDAPA 5$.01.2!, "Rules Governing the Pro on

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)

k,.o .Co...La ofthese i flee al L. ;sea,' irhle told lfa 171vviaivi1 Vi iti app-lii., 1 ,i1;i die- Iu1 .d ill y ,1lld f,,1 uiy 1i.aaui1, that

dailalnliuu will not affca.s the validity of tlic Ieauail}i11^ 7[VVisiv:ia. (6-10440)

996. ADMINISTRATIVE PROVISIONS.

Administrative appeals of agency actions shall be governed by IDAPA 1.23, "Rules of Administrative Procedure

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

Page I I IAC 2011

C
Subject Index

A

Applicant to Bear Costs, Variance

Applications for TSD Facilities or

Sites 9

Application Contents & Standard of

Review, Variance Applications for

TSD Facilities or Sites 9

Availability of Referenced Material 2

C

Commercial TSD Facilities, Inspection

Plan -- Frequency Levels 10

Conduct Inspections, Inspection Plan --

Frequency Leval: f0

Criteria Far The Management Of

Granular Mine Tailings (CHAT) In

Asphalt Concrete & Portland Cement

Concrete hi Transportation

Construction Projects Funded In

Whole Or In Part By Federai

Funds 8

D

Definitions, IDAPA 58.01,05

Board 2

CFR 2

Environmental Appeals Board 2

HWFSA, Hazardous Waste Facility

Siting Act 3

HWMA, Hazardous Waste

Management Act 3

RCRA, The Resource Conservation

& Recovery Act 3

Regional Administrator 3

TSD, Treatment, Storage or

Disposal 3

U.S Environmental Prratectinn

Agency or EPA 3

United States or U.S 3

Director's Conditions, Routing of

Hazardous Waste Shipments 10

Director's Decision, Variance

Applications for TSD Facilities or

Sites 9

E

Excluded Wastes, Identification &

Listing of Iazardous Waste 3

Expansion, Enlargement or Alteration

of a Commercial Hazardous Waste

Disposal, Treatment or Storage

Facility 9

Expenditures From Hazardous Waste

Emergency Accounts 10

F

Failure to Comply With These Rules,

The HWMA, or Other Requirements,

illegal Actions 10

False Statements or Representations,

Illegal Actions 10

G

Generator Emergency Notification,

Standards Applicable to Generators

of Hazardous Waste 6

Generator On-Site TSD Facilities,

Inspection Plan -- Frequency

Levels 10

Generators, Inspection Plan --

Frequency Levels 10

H

Hazardous Waste Facility Siting

License Fee 8

Hazardous Waste Management

System 3

Hazardous Waste Permit Program 7

I

Identification & Listing Of Hazardous

Waste 3

Illegal Actions 10

Incorporation By Reference Of Federal

Regulations 2

Inspection Plan -- Frequency

Levels I0

Interim Status Standards For Owners &

Operators Of Hazardous Waste

Treatment, Storage & Disposal

Facilities 6

L

Land Disposal Restrictions 7

License Fee Criteria, Hazardous Waste

Facility Siting License Fee 8

License Fee for Facilities Required to

Submit Engineering er

Hydrogeological information,

Hazardous Waste Facility Siting

License Fee 8

License Fee Scale, Hazardous Waste

Facility Siting License Fee 8

P

Procedures For Decision-Making (State

Procedures For RC RA Or HWMA

Permit Applications) 7

Public Hearings, Variance Applications

for TSD Facilities or Sites 9

Public Information. Variance

Applications for TSD Facilities or

Sites 9

Ilazardous Waste Facility Siting

License Fee 9

Standards Applicable To Generators Of

Hazardous Waste 6

Standards Applicable To Transporters

Of Hazardous Waste 6

Standards For Owners & Operators Of

Hazardous Waste Facilities Operating

Linder A Standardized Permit 8

Standards For Owners & Operators Of

Hazardous Waste Treatment, Storage

& Disposal Facilities 6

Standards For The Management Of

Specific Hazardous Wastes &

Specific Types Of Hazardous Waste

Facilities 7

Standards For The Management Of

Used Oil 7

Standards For Universal Waste

Management 8

T

Transport Facilities, Inspection Plan --

Frequency Levels 10

Transport Vehicles, Inspection Plan --

Frequency Levels 10

Transporting, Routing of Hazardous

Waste Shipments 9

U

Used Oil as a Dust Suppressant,

Management of Used Oil 7

V

Variance Applications For TSD

Facilities Cr Sites 9

R

Routing Of Hazardous Waste

Shipments 9

S

Siting License Fee Nonrefundable,

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