### 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 g 

### ement 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 g 

### s (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

# CC.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) Page 2 IAC 2011IDAHO 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 En v 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

Page 3 IAC2011IDAHO 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(



### 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 2011IDAHO 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 2011IDAHO 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, t 1 1^n1 enrt°iancc will si,,lult " „ Y g 1taly k.ea."tC 11.4 •^au14 4ASY by . 4.s4 v" ian n A, t[J tin. ..p.;vaILl, JJ i 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

Page 7 IAC 2011IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05

Department of Environmental Quality Rules & Standards for Hazardous Waste 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 t

t 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, Page 8 IAC 2011IDAHO ADMINISTRATIVE CODE Department of Environmental Quality IDAPA 58.01.05 Rules & Standards for Hazardous Waste
aV iU11, C.lliif{y 'vlnaul Vi ri^tc AL ii ul A ^Vlll+arCl ^inl II ..lvi v.a ^^ r uatt 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 license . : ion be nonrefundable an t

d t may not be applied toward any subsequent application should the siting lie edli;Cilcd vi WLtl711ld Y 3 l1, vi 111.1111.11

357. - 499. (RESERVED). 500. ROUTING OF HAZARDOUS WASTE SHIPMENTS. 01. Trans r(

^t 1 }^• l orting. Any person transporting a quantity of hazardous waste which requires a ma ab,ifl, ha

- tire

- tatl,rri 1rL JJl V3`. 1

Page 9 [AC 2011

### IDAHO ADMINISTRATIVE CODE

Department of Environmental Quality IDAPA 58.01.05 

### Rules & Standards for Hazardous Waste

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) 4, Transport Facilities. 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 tl1 .,l,lR lr^ Ill f t tla uvi k. e re \ Page 10 1AC 2011I IDAHO ADMINISTRATIVE CODE Department of Environmental Quality IDAPA $8.01.05 Rules & Standards for Hazardous Waste

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 of these 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)

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# 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 L i nder 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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