# • IDAHO ADMINISTRATIVE CODE July 2004 - Volume 9

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

# •

The Idaho Administrative Code is published annually by the Office of the Administrative Rules Coordinator, Department of Administration, Statehouse Mail, Boise, Idaho 83720-0306, pursuant to Title 67, Chapter 52, Idaho Code.
Dirk Kempthorne, Governor Pamela 

## I.Ahrens, Director, Department of Administration Dennis 

### R. Stevenson, Administrative Rules Coordinator, Editor Michelle McMullen, Administrative Rules Specialist, Editor Edward Hawley, Desktop PUblishing Specialist Cover Photo Courtesy of the City of Boise Printed by Meridian Quality Copy & Print, Inc., Meridian, Idaho 

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

# • Table 

# of Contents

58.01.05 - Rules and Standards for Hazardous Waste 000. Legal Authority 2 001. Title

. . 2 002. Incorporation By Reference Of Federal Regulations

. . 2 003. Definitions

. . 2 004. Hazardous Waste Management System 3 005. Identification And Listing 

### Of Hazardous Waste 3 006. StandardsApplicable To Generators Of Hazardous Waste 6 007. StandardsApplicable To Transporters Of Hazardous Waste 6 008. Standards For Owners And Operators Of Hazardous Waste Treatment, Storage And Disposal Facilities.

.. 6 009. Interim Status Standards For Owners And Operators 

### Of Hazardous Waste Treatment, Storage And Disposal Facilities.

.. 7 010. Standards For The Management 

### Of Specific Hazardous Wastes And Specific Types Of Hazardous Waste Facilities

. . 7 011. Land Disposal Restrictions 7 012. Hazardous Waste Permit Program.

.. : 7 013. Procedures For Decision-Making (State Procedures For RCRA Or HWMA Permit Applications)

. . 7 

# • 014. Interim Status Surface Impoundments 7 015. Standards For The Management 

### Of Used Oil. 8 016. Standards For Universal Waste Management. 8 017. -- 354. (Reserved)

. . 8 355. Hazardous Waste Facility Siting License Fee 8 356. Variance Applications For TSD Facilities Or Sites.

.. 9 357. -- 499. (Reserved) 10 500. Routing Of Hazardous Waste Shipments.

.. 10 501. -- 799. (Reserved) 10 800.	 Inspection Plan -- Frequency Levels.

.. 10 801. -- 849. (Reserved).

.. 10 850.	 Illegal Actions.

.. 10 851. -- 899. (Reserved).

.. 11 900. Expenditures From Hazardous Waste Emergency Account. 11 901. -- 995. (Reserved).

.. 11 996. Administrative Provisions

. . 11 997. Confidentiality Of Records

. . 11 998. Inclusive GenderAnd Number. 11 999. Severability.

.. 11 

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### IDAPA 58 

# o TITLE 01 CHAPTER 05

58.01.05 - RULES AND STANDARDS FOR HAZARDOUSWASTE

000. LEGAL AUTHORITY. These rules are adopted pursuant to the authority vested in the Board ofEnvironmental Quality by the Hazardous Waste Management Act of 1983 (HWMA), Sections 39-4401 et seq., Idaho Code, and the authority vested in the Director ofthe Department ofEnvironmental Quality by the Hazardous Waste Facility Siting Act of 1985, Sections 39-5801 et seq., Idaho Code. (3-1-93) 001. TITLE. These rules shall be known as Idaho Department ofEnvironmental Quality Rules, IDAPA 58.01.05, "Rules and Standards for Hazardous Waste". (2-11-94) 002. INCORPORATION BY REFERENCE OFFEDERALREGULATIONS. Any reference in these rules to requirements, procedures, or specific forms contained in the Code of Federal Regulations (CFR), Title 40, Parts 124, 260-266, 268, 270, 273, and 279 shall constitute the full adoption by reference ofthat part and Subparts as they appear in 40· CFR, revised as ofJuly I, 2003, including any notes and appendices therein, unless expresslyprovided otherwise in these rules. (3-20-04) 01. Exceptions. Nothing in 40 CFR Parts 260 - 266, 268, 270, 273, 279 or Part 124 as pertains to permits for Underground Injection Control (U.I.e.) under the Safe Drinking Water Act, the Dredge or Fill Program under Section 404 ofthe Clean Water Act, the National Pollution Discharge Elimination System (NPDES)underthe Clean Water Act or Prevention of Significant Deterioration Program (PSD) under the Clean Air Act is adopted or included by reference herein. (7-2-97) 02. Availability Of Referenced Material. The federal regulations adopted by reference throughout these rules are maintained at the following locations: (7-2-97) 

# o

a. U.S. GovernmentPrinting Office, http://www.gpoaccess.gov/index.html;and (3-20-04) 

### 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 ofEnvironmental 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 expresslyprovide for different 

### definitions. (3-1-93) 01. Board. The Idaho Board ofEnvironmental Quality. (6-10-88) 02. CFR. The United States Code ofFederal Regulations. (3-1-93) 03. Department. The Idaho Department ofEnvironmental Quality. (6-10-88) 04. Director. When used in the context of40 CFR, the definition shall be the Director ofthe Idaho Department ofEnvironmental Quality, or his designee, as the context requires. When used in the context ofthese rules, the definition shall be the U. S. Environmental ProtectionAgency Region 10 Regional Administrator. (5-3-03) 05. Environmental Appeals Board. When used in the context of40 CFR, the definition shall be the Idaho Board ofEnvironmental Quality except as set forth in Section 39-4413(2), Idaho Code, or except where noted in these rules. When used in the context ofthese rules, the definition shall be the U.S. Environmental Appeals Board. (3-15-02) Page 2 lAC 2004 

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# • IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 Departmentof

### Environmental Quality Rules and Standards forHazardous Waste

06. U.S. EnvironmentalProtection Agency orEPA, EPA Headquarters,or EPA. When used in the context of40 CFR, the definition shall be the Idaho Department ofEnvironmental Quality, except when used to refer to an EPA Identification number, EPA hazardous waste number, EPA forms, publications or guidance, and EPA Acknowledgment ofConsent, and where noted in these rules. Under the latter circumstances, the definition shall be the U.S. Environmental Protection Agency and the Headquarters ofthe U.S. Environmental Protection Agency as appropriate. When used in the context of these rules, the defmition shall be the U.S. Environmental Protection Agency. (3-15-02) 07. HWFSA. The Hazardous Waste Facility Siting Act of 1985, Sections 39-580 I et seq., Idaho Code. (3-1-93) 08. HWMA. The Hazardous Waste Management Act of 1983, Sections 39-4401 et seq., Idaho Code. (3-1-93) 09. IDAPA. The Idaho Administrative Procedures Act, Chapter 52, Title 67, Idaho Code.	 (3-1-93) 10. RCRA. When used in the context of40 CFR, the definition shall be the comparable sections ofthe Hazardous WasteManagement Act of 1983, Sections 39-4401 et seq., Idaho Code. When used in the context ofthese rules, the definition shall be The Resource Conservation and Recovery Act, 42 U.S. Code, Sections 690 I et seq. (7-1-97) 11. Regional Administrator Or Administrator. When used in the context of40 CFR, the definition shall be the Director ofthe Idaho Department ofEnvironmental Quality, or his designee, except where noted in these 

# • .' rules. When used in the context ofthese rules, the definition shall be the U.S. Environmental Protection Agency Administrator or Region 10 Regional Administrator as appropriate.

. (3-15-02) 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 ofthese rules, the definition shall be the United States. (7-1-97)

,**~t** 

### 004. HAZARDOUS WASTE MANAGEMENT SYSTEM. 40 CFR Part 260 and all Subparts, except 40 CFR 260.2, are herein incorporatedby reference as provided in 40 CFR, revised as of July I, 2003. For purposes of 40 CFR 260.10, in the definition of hazardous waste constituent, "Administrator" shall be defined as the U.S. Environmental Protection Agency Administrator. For purposes of40 CFR 260.20, "Federal Register" shall be defined as the Idaho Administrative Bulletin. (3-20-04) 005. IDENTIFICATION AND LISTING OFHAZARDOUSWASTE. 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), except remanded waste codes "K064, K065, K066, K090 and K091" listed in 40 CFR Part 261 Appendix VII, except "49 CFR 173.300" in 40 CFR 261.21(a)(3) as replaced with "49 CFR 173.I 15 or equivalent test methods in Chapter 7 ofSW-846," except "49 CFR 173.151" in 40 CFR 261.2 I(a)(4) as replaced with "49 CFR 173.127" and except 40 CFR 261.23(a)(8), are herein incorporated by reference as provided in 40 CFR, revised as of July 1,2003. For purposes of40 CFR 261.10 and 40 CFR 261.11, "Administrator" shall be defmed as the U.S. Environmental Protection Agency Administrator. For purposes of40 CFR 261 Appendix IX, "EPA" shall be defined as the U.S. Environmental Protection Agency. (3-20-04) 01. Excluded Wastes. Chemically Stabilized Electric Arc Furnace Dust (CSEAFD) generated by Envirosafe Services of Idaho, Inc. (ESII) at ESII's facility in Grand View, Idaho using the Super Detox(R) treatment process as modified by ESII and that is disposed ofin a Subtitle D or Subtitle C landfill is excluded from the lists of hazardous waste provided ESII implements 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 005.0 Lb. and 005.0I.c., must be performed according to SW-846 methodologies and the RCRA Part B permit, including future revisions. (3-16-96) 

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# o IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 Department

### ofEnvironmental Quality Rules and Standards for Hazardous Waste


### b. Initial Verification Testing. (3-16-96) i. For purposes of Subsections 005.0I.b., "new source" shall mean any generator of Electric Arc Furnace Dust (EAFD), EPA and Idaho Department ofEnvironmental Quality Hazardous Waste No. K061, whose waste has not previously been processed by ESII using the Super Detox(R) treatmentprocess resulting in processed EAFD which has been subjected to initial verification testing and has demonstrated compliance with the delisting levels specified in Subsection 005.0I.d. (3-16-96) ii. Prior to the initial treatment of any new source ofEAFD, ESII must notify the Department in writing. The written notification shall include: (3-16-96) (I) The waste profile information; and (3-16-96) (2) The name and address ofthe generator. (3-16-96)

111. The first four (4) consecutive batches treated must be sampled in accordance with Subsection 005.0I.a. Each ofthe four (4) samples shall be analyzed to determine if the CSEAFD generated meets the delisting levels specified in Subsection 005.0 I.d. (3-16-96) iv. Ifthe initial verification testing demonstrates that the CSEAFD samples meet the delisting levels specified in Subsection 005.0I.d., ESII shall submit the operational and analytical test data, including quality control information, to the Department, in accordance with Subsection 005.01.f. Subsequent to such data submittal, the CSEAFD generated from EAFD originating from the new source shall be considered delisted. (3-16-96)

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

# (J Subsection 005.0I.d.; and (3-16-96) (2) The operational and analytical test data is submitted to the Department pursuant to Subsection OOS.OI.b.iv. (3-16-96) vi. For purposes of Subsections 005.0I.b. and OOS.Ol.c., "batch" shall mean the CSEAFD which results from a single treatment episode in a full scale mixing vessel. (3-16-96)



### c. SubsequentVerification Testing. (3-16-96) i. Subsequent to initial verification testing, ESII shall collect a representative sample, in accordance with Subsection 005.0I.a., from each batch of CSEAFD generated by ESII. ESII may, at its discretion, conduct subsequent verification testing on composite samples. In no event shall a composite sample consist ofrepresentative**s~mples** from more than twenty (20) batches ofCSEAFD. (3-16-96) ii. The samples shall be analyzed prior to disposal ofeach batch of CSEAFD to determine if the CSEAFD meets the delisting levels specified in Subsection 005.0l.d. (3-16-96)

111. Each batch ofCSEAFD generated by 'ESII shall be subjected to subsequent verification testing no later than thirty (30) days after it is generatedby ESII. (3-16-96) iv. Ifthe levels ofconstituents measured in a sample;or composite sample, ofCSEAFD do not exceed the levels set forth in Subsection 005.0l.d.,then any batch ofCSEAFD 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 ofin a Subtitle D or Subtitle C landfill. (3-16-96)

v. Ifthe constituent levels in a sample, or composite sample, exceed any ofthe delisting levels set forth In Subsection 005.0I.d., then ESII must submit written notification of the results of the analysis to the 

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# • IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 Departmentof

### Environmental Quality Rules and Standards for Hazardous Waste Department within fifteen (15) days from receiving the final analytical results, and any CSEAFD which contributed to the sample must be:

. (3-16-96) (1) Retested, and retreated ifnecessary, until it meets the levels set forth in Subsection 005.01.d.; or (3-16-96)
.\ (2) Managed and disposed ofin accordance with Subtitle C ofRCRA. (3-16-96) vi. Each batch ofCSEAFD shall be managed as hazardous waste in accordance with Subtitle C of RCRA until subsequent verification testing demonstrates that the CSEAFD meets the delisting levels specified in Subsection 005.0I.d. (3-16-96) d. Delisting Levels. (3-16-96) i. All leachable concentrations for these metals must not exceed the following levels (mg/I):

'"J; 

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

nickel 1 selenium 0.16 silver 0.30 thallium 0.020 vanadium 2 zinc 70 (3-16-96) ii. Metal concentrations must be measured in the waste leachate by the method specified in 40 CFR Part 261.24. (3-16-96)

e. Modification ofTreatmentProcess. (3-16-96) i. IfESII 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 Dustby the Super Detox(R) Process submitted to the Department on July 14, 1995, ESII shall notify the Department in writing prior to implementing the modification. (3-16-96) ii. After ESII's receipt of written approval from the Department, and subject to any conditions included with the approval, ESII may implementthe proposed modification. (3-16-96)

111. IfESII modifies its treatmentprocess without first receiving written approval from the Department, this exclusion ofwaste 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 

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### Environmental Quality Rules and Standards forHazardous Waste Department on July 14, 1995 is available at the Department ofEnvironmental Quality, Permits and Enforcement, 1410 N. Hilton, Boise, Idaho 83706. (3-16-96) f. Records and Data Retention and Submittal. (3-16-96) i. Records of disposal site, operating conditions and analytical data from verification testing must be compiled, summarized, and maintained at ESII's Grand View facility for a minimum offive (5) years from the date the records or data are generated. (3-16-96) ii. The records and data maintained by ESII must be furnished upon request to the Department or EPA. (3-16-96)

111. Failure to submit requested records or data within ten (10) business days ofreceipt ofa 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 ofthe following certification statement to attest to the truth and accuracy ofthe records or data submitted: "Undercivil and/ or criminal penalty oflaw for the making or submission offalse or fraudulent statements or representations, I certify that the information contained in or accompanyingthis document is true, accurate, and complete. As to any identified sections ofthis document for which 1 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 ofthis fact to ESII, I recognize and agree that this exclusion ofwaste 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 obligationspremised upon ESII's reliance on the void exclusion." (3- I6-96) g. Facility Merger and Name Change. On May 4, 2001, the Department was notified of a stock transfer that resulted in ESII's facility merging with AmericanEcology. This created a name change from Envirosafe Services ofIdaho,Inc. (ESII) to US Ecology Idaho, Inc. effective May 1,2001. All references toEnvirosafe Services ofIdaho, Inc. or ESII now referto US Ecology Idaho, Inc. (3-15-02) 006. STANDARDS APPLICABLE TO GENERATORS OFHAZARDOUS WASTE. 01. Incorporation By Reference. 40 CFR 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 ofJuly 1,2003. For purposes of40 CFR 262.55, 262.56, and 262.57(b), "Administrator" shall be defined as the U.S. Environmental Protection Agency Region 10 Regional Administrator. Copies of advance notification, annual reports, and exception reports, required under those sections, shall also be provided to the Director. For purposes of40 CFR 262.51, 262.53, 262.54(g)(I), and 262.85(g), EPA shall be defined as the U.S. Environmental Protection Agency. For purposes of40 CFR Part 262 Subparts E, F, H, and 40 CFR 262.41 (a)(4), "United States or U.S." shall be defined as the United States. (3-20-04) 02. GeneratorEmergencyNotification. In addition to the emergency notification requiredby 40 CFR 265.56(d)(2), 262.34(d)(5)(iv)(C), (see 40 CFR 262.34(a)(4», 263.30(c)(I), and 264.56(d)(2), the emergency coordinatormust also immediately notify the State Communications Centerby telephone, 1-800-632-8000, to file an identical report. (3-15-02) 007. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUSWASTE. 40 CFR Part 263 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1, 2003. For purposes of40 CFR 263.20(g), 263.20(g)(I), 263.20(g)(4), 263.21(a)(4), and 263.22(d), "United States" shall be defmed as the United States. (3-20-04) 008. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSALFACILITIES.
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# • IDAHO ADMINISTRATIVECODE IDAPA 58.01.05 Departmentof 

### Environmental Quality Rules andStandards forHazardous Waste 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(f) and 264.1080(g)) are herein incorporatedby reference as provided in 40 CFR, revised as ofJuly 1,2003. For purposes of40 CFR Subsection 264.12(a), "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency Region 10 Regional Administrator. For purposes of 40 CFR 264.1082(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency. (3-20-04) 009. INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 265, and all Subparts (excluding Subpart R, 40 CFR 265.I(c)(4), 265.149, 265.150, 265.1030(c), 265.1050(f), 265.I080(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 even when the owner or operator has demonstrated compliance with the MACT requirements ofpart 63, subpart EEE of this chapter: 40 CFR 265.351 (closure) and the applicable requirements ofSubparts A through H, BB and CC ofthis part.", are herein incorporated by reference as provided in 40 CFR, revised as of July I, 2003. For purposes of 40 CFR Subsection 265.12(a), "Regional Administrator" shall be defined as the U.S. Environmental ProtectionAgency Region 10 Regional Administrator. For purposes of 40 CFR 265.1083(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency. (3-20-04) 010. STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC lYPES OFHAZARDOUS WASTEFACILITIES. 40 CFR Part 266 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly I, 2003.' (3-20-04) 011. LAND DISPOSALRESTRICTIONS. 40 CFR Part 268 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly I, 2003, except for 40 CFR 268.1(e)(3), 268.5, 268.6, 268.13, 268.42(b), and 268.44(a) through (g). The authority for implementing the provisions 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 the Administrator of the EPA grants a case-by-case variance pursuant to 40 CFR 268.5, that variance will simultaneously create the same case-by-case variance to the equivalent requirement ofthese rules. For 

# • "

',n 

### purposes of 40 CFR 268.(2)0) "EPA" shall be defined as the U.S. Environmental 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), "D009" is excluded, (from lab packs as noted in 40 CFR Part 268 Appendix IV) In 40 CFR 268.48(a), the entry for "2,4,6-Tribromophenol" is excluded. (3-20-04) 012. HAZARDOUS WASTE PERMITPROGRAM. 40 CFR Part 270 and all Subparts, except 40 CFR 270.12(a) and 40 CFR 270.14(b)(18), are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1,2003. For purposes of40 CFR 270.2, 270.5, 270.10(e)(2), 270.IO(e)(3), 270.1O(f)(2), 270.10(f)(3), 270.10(g), 270. 11(a)(3), 270.32(a), 270.32(b)(2), 270.32(c), 270.51, 270.72(a)(5), and 270.72(b)(5), "EPA" and "Administrator" or "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency and the U.S. Environmental Protection Agency Region 10 Regional Administrator respectively. (3-20-04) 013. PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR HWMA PERMITAPPLICATIONS). 40 CFR Part 124, Subparts A and B are herein incorporated by reference as provided in 40 CFR, revised as ofJuly I, 2003, except that 40 CFR 124.19, the fourth sentence of40 CFR 124.31(a), the third sentence of40 CFR 124.32(a), and the second sentence of40 CFR I24.33(a) are expressly omitted from the incorporation by reference of each of those subsections. For purposes of 40 CFR 124.6(e), 124.10(b), and 124.IO(c)(1)(ii) "EPA" and "Administrator" or "Regional Administrator" shall be defmed as the U.S. Environmental Protection Agency and the U.S. Environmental Protection Agency Region 10 Regional Administrator, respectively. (5-21-04)T 014. INTERIM STATUS SURFACE IMPOUNDMENTS. In accordance with Section 3005(j) ofRCRA which is herein incorporated by reference, surface impoundments in existence on November 8, 1984, and qualifying for interim status shall not receive, store or treat hazardous waste after Noyember 8, 1988, unless retrofitted to meet standards applicable to new impoundments or subject to an exemption: Copies of the federal statute herein incorporated by reference are available in the locations provided in 

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### Environmental Quality Rules and Standards forHazardous Waste Subsection 002.02. Standards applicable to new surface impoundments which are referenced in Section 3005(j) of RCRA as requirements of Section 3004(0) (42 U.S.C. 6924(0)) appear in federal regulations as 40 CFR Parts 264.220-232 and 265.220-231 and are incorporated as provided in Sections 008 and 009. (3-15-02) 015. 

### STANDARDS FORTHEMANAGEMENT OFUSED OIL, 01. 

### Incorporation By 

### Reference. 40 CFR Part 279 and all Subparts are herein incorporated by reference asprovided in 40 CFR, revised as ofJuly 1,2003.For purposes of40 CFR 279.43(c)(3)(ii) "Director" shall be defined as the Director, U.S.DOT Office ofHazardous Materials Regulation. (3-20-04) 02. Used Oil As A DustSuppressant. 40 CFR Part 279 contains aprohibition on the use of used oil as a dust suppressant at 279.82(a), however, States may petition EPA to allow the use ofused oil as a dust suppressant. Members ofthe public may petition the State to make this application to EPA. This petition to the State must: (2-11-94)

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

### b. Demonstrate how the requirements of40 CFR 279.82(b) will be met. (2-11-94) 016. 

### STANDARDS FORUNIVERSAL WASTE MANAGEMENT. 40 CFR Part 273 and all Subparts are herein incorporated by reference asprovided in 40 CFR, revised as ofJuly I, 

### 2003. For purposes of40 CFR 273.32(a)(3), "EPA" shall be defined as the U.S. Environmental Protection Agency. (3-20-04) 017. -- 354. 

### (RESERVED). 355. 

### HAZARDOUSWASTE FACILITY SITING LICENSE FEE. An application for a siting license required by HWFSA shall be accompanied by a siting license fee in an amount establishedby these rules. The license fee shall not exceed seven thousand five hundred dollars ($7,500) and shall be submitted with the siting license application. (3-1-93) 01. 

### License Fee Criteria. The siting license fee required by HWFSA and these niles shall be based on the costs to the Department of reviewing the siting license application and the characteristics of the proposed hazardous waste facility, including the projected site size, projected waste volume, and the hydrogeological characteristics surroundingthe site. (3-1-93)

a. "Projected Waste Volume" means the total actual or potential hazardous waste volume, in gallons or an equivalent measurement,proposed for the hazardous waste facility. (3-1-93) b. 

### "Site Size" means the sum in acres of all proposed "Hazardous Waste Management Unit(s)" as defined in Section 004 (40 CFR 260.10). (7-1-97) I 

### 02. License Fee Scale. Except as provided in Subsection 355.03, the siting license fee required by HWFSA and these rules shall be determined using the table below LICENSE FEE SCALE - PROJECTED HAZARDOUSWASTE VOLUME (gallons) Site Size Up to 10,000 10,000 - 20,000 More Than 20,000 1 acre or greater $3,000 $4,000 $7,500 Equal to or greaterthan 1/2 acre,

but less than 1 acre $4,000 $5,000 $7,500 Less than 1/2 acre $5,000 $6,000 $7,500 

### (7-1-97)
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### Environmental Quality Rules and Standards forHazardous Waste 

### 03. License Fee For Facilities Required ToSubmitEngineering OrHydrogeological Information. For any proposed commercial hazardous waste disposal, treatment or storage facility or any on-site land disposal facility for wastes listed pursuant to Section 20 I(d)(2) and (e), as modified by Section 209 of the Federal Hazardous and Solid Waste Amendments of 1984, which must submit engineering or hydrogeological information to indicate compliance with technical criteria as adopted in the Hazardous Waste Management Plan, the siting license fee shall be seven thousand five hundred dollars ($7,500). (3-1-93)

y.. 

### 04. Expansion, Enlargement Or Alteration Of A Commercial. Hazardous Waste Disposal, Treatment Or Storage Facility Or Any On-site Land Disposal Facility ForWastes Listed PursuantTo Section 201(D)(2) And (E), As Modified By Section 209 OfTheHazardousAnd Solid WasteAmendments Of1984. The significant expansion, enlargement or alteration of a hazardous waste treatment, storage or disposal facility in existence on July I, 1985, constitutes a new proposal for which a siting license is required and for which a siting license fee must be paid. (9-22-89) 05. Siting License Fee Nonrefundable. The siting license fee required by these rules shall be nonrefundable and may not be applied toward any subsequent application should the siting license application be cancelled or withdrawn, or denied. (3-1-93) 356. VARIANCE APPLICATIONS FORTSD FACILITIES OR SITES. 

# • 01; Application ContentsAnd StandardOfReview. Applications for variances shall be submitted in triplicate and shall contain such detailed plans, specifications, and information regarding objectives, procedures, controls, and other pertinent data as the Director may require. A variance shall not exceed one (I) 

### year in duration. The Director may grant a variance only if the applicant demonstrates to the Director's satisfaction that construction and operation of the TSD facility or site in the manner allowed by the variance and any term or condition imposed as part ofthe variance: (6-10-88)

a. Is required to avert unnecessary and significant hardship; (6-10-88) 

### b. Is not inconsistent with EPA requirements; and (6-10-88)

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

### 02. Public Hearings. The Director may hold a public hearing on an initial application for a variance and shall hold a public hearing on any application to renew or extend a variance. The public hearing shall be held at a location in the county where the operations that are the subject of the application for the variance are conducted unless the Director determines that a different location would be more appropriate and convenient for interested members ofthe public. The Director shall give at least twenty (20) days' notice of the hearing to the applicant by certified mail and shall cause at least one (I) publication ofnotice in a newspaper with general circulation in either the county where the operation is conducted or the county where the hearingis to be held. The Director shall cause to be made a complete record of the testimony and the evidence submitted at the hearing. (6-10-88)



## ., 03. Public Information. All information submitted as part of a variance application shall be treated as public information and shall.not be 

### subject to any claim of confidentiality. The Director shall make the application available for public inspection at the Department's state office and appropriate regional office. The Director shall make available for public inspection at the Department's state office and all regional offices a current list ofpending applications for variances and a current schedule ofpending variance hearings. (3-1-93) 

### • 04. Director's Decision. No variance shall be issued or denied until the Director has considered the relative interests of the applicant, other persons and property affected.by the variance and the public. Any variance granted pursuant to this section shall be for a period specified by the Director but not more than one (I) year. No variance shall be issued or denied without a written order stating the findings upon which the decision is based. (3-1-93) 05. Applicant To Bear Costs. The cost ofpublic notice, recording and transcribing of testimony and hearing facilities shall be borne by the applicant, regardless ofwhether or not a variance is issued. (6-10-88) 

# • Page 9 lAC 2004

# o IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 Departmentof 

### Environmental Quality Rules andStandards forHazardous Waste 357. -- 499. (RESERVED). 500. ROUTING OFHAZARDOUS WASTE SHIPMENTS. 01. Transporting. Any person transporting a quantity ofhazardous waste which requires a manifest shall, to the extentpossible: (6-10-88)


### a. Use state, United States and interstate highways; and (6-10-88) 

### b. Avoid municipalities and population centers, even when doing so may add miles to the distance traveled. (6-10-88) 02. Director's Conditions. The Director may, upon a finding that a shipment or shipments of hazardous waste constitutes a greater than normal risk to the public health, safety or environment, prescribe by order particular conditions for that shipment or shipments including but not limited to special placarding, pilot vehicles, routing restrictions, parking restrictions and timingrestrictions. (6-10-88) 501. -- 799. (RESERVED). 800. INSPECTION PLAN

-- FREQUENCY LEVELS. The Department may, as time and resources pennit, conduct regular inspections ofpersons or entities subject to these rules, their records, and property at approximately the following frequency levels based upon potential risk to the public health or environment. (3-6-91) 01. CommercialTSDFacilities. Commercial TSD facilities or sites or offsite generator TSD facilities or sites, up to every day. (3-6-91) 02. Generator On-Site TSD Facilities. Generator on-site TSD facilities or sites -- up to twenty (20) times per year. (3-1-93) 

# o
03. TransportVehicles. Transport vehicles as necessary. (3-6-91) 04. TransportFacilities. Transport facilities or sites -- up to twelve (12) times per year. (3-1-93) 05. Generators. Generators -- up to twelve (12) times per year. (3-1-93) 06. ConductInspections. Nothing in the preceding schedule of frequency levels may be construed as limiting the Department's authority to conduct inspections when there is reasonable cause to suspect a violation of HWMA or these rules. The Directormay by policy guidance memorandum modify the inspection frequency levels as necessary for the effective or efficient enforcementofHWMA and these rules. (3-1-93) 801. -- 849. (RESERVED). 850. ILLEGALACTIONS. 01. False Statements Or Representations. Any person who makes a false statement or representation in any application, label, manifest, record, report, permit or other document filed, maintained or used for the purpose of complying with these rules or HWMA thereby commits a violation. Each false statement or representation constitutes a separate and distinct violation for which civil penalties may be imposed. Any person who knowingly makes a false statement or representation ofthe type described above is, in addition to civil penalties, subject to criminal prosecution for the commission ofa misdemeanor for each statement or representation. (3-1-93) 02. FailureTo ComplyWithThese Rules, The HWMA, Or OtherRequirements. Any person who violates these rules, HWMA, or any permit, standard, condition, requirement, compliance agreement or order issued pursuant to these rules or HWMA thereby commits a violation. Civil penalties may be imposed for each separate violation and for each day of continuing violation. Any person who knowingly commits a violation ofthe type described above is, in addition to civil penalties, subject to criminal prosecution for the commission of a Page 10 lAC 2004 

# o

# • IDAHO ADMINISTRATIVE CODE IDAPA 58.01.05 Department

### ofEnvironmental Quality Rules andStandards forHazardous Waste misdemeanor for each separate violation and for each day ofa continuing violation. (3-1-93) 

### 851. -- 899. (RESERVED). 900. EXPENDITURES FROM HAZARDOUS WASTE EMERGENCYACCOUNT. The Directormay declare a hazardous waste emergency if the public health, safety or the environment are threatened by a release or threat ofrelease ofa hazardous waste or a substance which has become a hazardous waste. Following a 

### hazardous waste emergency declaration, the Department may spend or obligate to be spent up to two hundred thousand dollars ($200,000) from the Hazardous Waste Emergency Account to obtain equipment and materials, conduct investigations, test samples, and employ personnel as necessary or eliminate or mitigate the'immediatethreat and stabilize the situation. The Director may authorize the expenditure or obligation of more than two hundred thousand dollars ($200,000) from this account in any given situation upon a fmding by the Board that a greater expenditure or obligation isprudent and necessary toprotectthe public health, safety or environment. (5-3-03) 

### 901. -- 995. (RESERVED). 996. ADMINISTRATIVE PROVISIONS. Administrative appeals ofagency actions shall be governedby IDAPA 58.01.23, "Rules ofAdministrative Procedure Before the Board ofEnvironmental Quality". (5-21-04)T 

### 997. CONFIDENTIALITY OFRECORDS. Information obtained by the Department under these rules shall be disclosed to the public in accordance with Chapter 3, Title 9, Idaho Code. Information submitted under a trade secret claim may be entitled to confidential treatment by the Department as provided in Section 9-342A, Idaho Code, and IDAPA 58.01.21, "Rules Governing the Protection and Disclosure ofRecords in the Possession ofthe Idaho Department ofEnvironmental Quality". (4-5-00) 

# • 998. INCLUSIVE GENDERAND NUMBER For the purposes ofthese rules, words used in the masculine gender also include the feminine and neuter gender, and vice versa, where appropriate. Words in the singular include the plural and words in the plural include the singular. (3-1-93) 

### 999. SEVERABILITY. The provisions ofthese rules are severable and ifa provision or its application is declared invalid for any reason, that declaration will not affect the validity ofthe remaining provisions. (6-10-88)



# • Page 11 

### lAC 2004

# o Subject Index

A Applicant To BearCosts 9 Application Contents & Standard Of

Review 9 Availability OfReferenced Material 2 

# c CFR 2 Commercial TSD Facilities 10 Conduct Inspections 10 

### D Definitions, lDAPA 58.01.05, Rules &

Standards ForHazardous Waste 2 Director's Conditions 10 Director's Decision 9 

### E Environmental Appeals Board 2 Excluded Wastes 3 Expansion, Enlargement Or Alteration

OfA Commercial Hazardous Waste Disposal, TreatmentOr Storage Facility 9 Expenditures FromHazardous Waste

EmergencyAccounts II 

### F Failure To ComplyWith These Rules,

The HWMA, Or Other Requirements 10 False Statements Or

Representations 10 

### G GeneratorEmergencyNotification 6 Generator On-Site TSD Facilities 10 Generators 10 

### H HWFSA 3 HWMA 3 Hazardous Waste Facility Siting

License Fee 8 Hazardous Waste Management

System 3 Hazardous Waste Permit Program 7 

### I Identification & Listing OfHazardous

Waste 3 Illegal Actions 10 Incorporation By Reference OfFederal

Regulations, IDAPA 58.01.05 2 Inspection Plan

-- Frequency

Levels 10 Interim Status Standards For Owners &

Operators OfHazardous Waste Treatment, Storage & Disposal Facilities 7 Facilities Or Sites 9 Interim Status Surface

Impoundments 7 

### L Land Disposal Restrictions Legal Authority 2 License Fee Criteria 8 7

License Fee ForFacilities Required To

Submit Engineering Or Hydrogeological Information 9 License Fee Scale 8 

### p ProceduresForDecision-Making(State

Procedures For RCRA Or HWMA Permit Applications) Public Hearings 9 Public Information 9 7


### R RCRA 3 Regional Administrator 3 Routing OfHazardous Waste

Shipments 10 

### S Siting License Fee Nonrefundable 9 StandardsApplicableTo Generators Of

Hazardous Waste 6 Standards ApplicableTo Transporters

OfHazardous Waste 6 

# C \. )

# '

Standards For Owners & Operators Of

HazardousWaste Treatment, Storage & Disposal Facilities 6 Standards For The Management Of

Specific Hazardous Wastes & Specific Types OfHazardous Waste Facilities 7 Standards For The Management Of

Used Oil 8 Standards For Universal Waste

Management 8 

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

# u U.S. Environmental Protection Agency

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

# v Variance Applications For TSD

Page 12 

# (J