# APPENDIX X

# IDAHO ADMINISTRATIVE CODE July 2008 - Volume 12
Official Publication ofthe State of Idaho Published by the Department ofAdministration Office ofthe Administrative Rules Coordinator

The Idaho Administrative Code is published annually by the Office ofthe Administrative Rules Coordinator, Department ofAdministration, Statehouse Mail, Boise, Idaho 83720-0306, pursuant to Title 67, Chapter 52, Idaho Code.
C.L. "Butch" Otter, Governor Mike Gwartney, Director, Department ofAdministration Edward Hawley, Administrative Rules Specialist Brad Hunt, Desktop Publishing Specialist Printed by AlphaGraphics, Boise, Idaho InternetAddress: http://adm.idaho.gov/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. Standards Applicable To Generators Of Hazardous Waste.

. 6 007. Standards Applicable To Transporters Of Hazardous Waste.

. 6 008. Standards ForOwners 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.

. 6 010. Standards ForThe Management OfSpecific Hazardous Wastes And Specific Types Of Hazardous Waste Facilities.

. 7 011. Land Disposal Restrictions.

. 7 012. Hazardous Waste Permit Program.

. 7 013. Procedures ForDecision-Making (State Procedures For RCRAOr HWMA Permit Applications).

. 7 014. Interim Status Surface Impoundments 7 015. Standards ForThe Management Of Used Oil. 7 016. Standards For Universal Waste Management. 8 017. (Reserved) 8 018. Standards For Owners And Operators Of Hazardous Waste Facilities Operating UnderA Standardized Permit. 8 019.
-- 354. (Reserved) 8 355. Hazardous Waste Facility Siting License Fee.

.. 8 356. Variance Applications ForTSD Facilities Or Sites.

.. 9 357.
-- 499. (Reserved) 9 500. Routing Of Hazardous Waste S[1iRments.

.. 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

Page 1IDAPA 58 TITLE 01 CHAPTER 05 ,,-, " 58.01.05
- RULES AND STANDARDS FOR HAZARDOUS WASTE

000. 

### LEGALAUTHORITY. These rules are adopted pursuant to the authority vested in the Board ofEnvironmental Quality 

### by the Hazardous Waste Management Act of 1983, as amended (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, as amended, Sections 39-5801 et seq., Idaho Code. (3-30-07) 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 OF FEDERAL REGULATIONS. Any reference in these rules to requirements, procedures, or specific forms contained in the Code of Federal Regulations (CFR), Title40, Parts 124,260

- 268, 270, 273, and 279 shall constitute the full adoption by reference of that part and Subparts as they appear in 40 CFR, revised as ofJuly I, 2007, including any notes and appendices therein, unless expressly provided otherwise in these rull!s. (4-2-08) 01. Exceptions. Nothing in 40 CFRParts 260

- 268, 270, 273, 279 orPart 124 as pertains to permits for Underground Injection Control (U.I.C.) underthe Safe Drinking WaterAct, the DredgeorFill Program underSection 404 ofthe Clean Water Act, the National Pollution Discharge Elimination System (NPDES) under the Clean Water Act or Prevention ofSignificant Deterioration Program (PSD) under the Clean Air Act is adopted or included by referenceherein. (3-30-07) 02. Availability of Referenced Material l 

### The federal regulations adopted 

### by reference throughout 

### these rules are maintained atthe following locations: (7-2-97)

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

### b. State Law Library, 451 W. State Street, P.O. Box 83720, Boise, lD 83720-0051, (208)334-3316; (7-2-97)

c. DepartmentofEnvironmental Quality, 1410N. Hilton, Boise, lD 83706-1255, (208)373-0502. (7-2-97) 003. 

### DEFINITIONS. For the purpose ofthese 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 providefor different definitions. (3-1-93) OJ. 02. 03. Board. The Idaho Board ofEnvironmental Quality. 

### CFR. The United States Code ofFederal Regulations. Department. The Idaho DepartmentofEnvironmental Quality. (6-10-88) (3-1-93) (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 bethe U. S. Environmental Protection Agency 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, 01' exceptwhere noted in these rules. When used inthe contextoftheserules, tne'detinition shall be the U.S. Environmental Appeals Board. (3-15-02)
Page 2 lAC 2008IDAHOADMINISTRATIVECODE 

### Department

### ofEnvironmental Quality IDAPA 58.01.05 

### Rules & 

### Standards forHazardous Waste 

### 06. U.S. Environmental Protection Agencyor EPA, EPA Headquarters, or EPA. When used in the contextof40 CFR, the definition shall bethe Idaho DepartmentofEnvironmental Quality, exceptwhen used to refer 

### to an 

### EPA Identification number, EPA hazardous waste number, EPA [OnTIS, 

### 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 Headqu31ters ofthe 

### U.S. Environmental Protection Agency as appropriate. When used in the context ofthese rules, the definition shall be the U.S. Environmental Protection Agency. (3-15-02) 07. HWFSA. The Hazardous WasteFacility Siting Actof1985, Sections 39-5801 et seq., Idaho Code. (3-1-93) 08. HWMA. The Hazardous Waste Management Actof 1983, Sections 39-4401 etseq., Idaho Code. (3-1-93) 09. IDAPA. The Idaho AdministrativeProcedures Act, Chapter 52, Title 67, Idaho Code. (3-1-93) 10. RCRA. When used in the contextof40 CFR, the definition shall bethe comparable sections ofthe Hazardous Waste ManagementActof1983, Sections 39-4401 etseq., Idaho Code. When used in the contextoflhese 

### rules, the definition shall beThe Resource Conservation and Recovery Act, 42 U.S. Code, Sections 6901 etseq. (7-1-97) 

### 11. Regional Administrator or Administrator. When used in the context of40 CFR, the definition shall betheDirectorofthe 

### Idaho DepartmentofEnvironmental 

### Quality, or his designee, exceptwhere noted in these rules. When used in the context ofthese rules, the definition shall be the U.S. Environmental Protection Agency Administratoror Region 10 Regional Administratoras appropriate. (3-15-02) 12. TSD. Treatment, storageordisposal. (6-10-88) 13. United States or U.S. When used in the context of40 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) 004. HAZARDOUS WASTE MANAGEMENT SYSTEM. 40 CFR Part260 and all Subparts, except40 CFR 260.2, are herein incorporated by reference as provided in 40 CFR, revised as of July 1,2007. For purposes of 40 CFR 260.1O,.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. (4-2-08) 005. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. 40 CFR Part 26I and all Subparts, except the language "in t\le Region where the sample is collected" in 40 CFR 261.4(e)(3)(lIi), except remanded waste codes "K064, K065, K066, K090 and K091" listed in 40 CFR Part 261 Appendix VII, and except40 CFR 261 .23(a)(8), are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1,2007. For purposes of40 CFR 26I.l0 and 40 CFR 26I.lI, "Administrator" shall be defined as the U.S. Environmental Protection Agency Administrator. Forpurposes of40 CFR261.41 (a), Regional Administrator shall be 

### defined as U.S. Environmental Protection Agency Region 10 Regional Administrator. Copies ofadvance

### notification required under this section should also be sent to the Director. For purposes of40 CFR 261.4(b)(1I)(ii), 40 CFR 261.39(a)(5), and 40 CFR261 Appendix IX, "EPA" shall be defined as the U.S. Environmental Protection Agency. (4-2-08) 01. Exclnded Wastes. Chemically Stabilized Electric Arc Furnace Dust (CSEAFD) generated by Envirosafe Services ofIdaho, Inc. (ESII) atESII'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 aprogram that meetsthe 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 005.0!.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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### IDAHOADMINISTRATIVECODE Department

### ofEnvironmental Quality "



### IDAPA 58.01.05 Rules & 

### Standards forHazardous Waste


### b. Initial Verification Testing. (3-16-96) i. For purposes of Subsections 005.01.b., "new source" shall mean any generator ofElectric Arc Furnace Dust (EAFD), EPA and Idaho Department ofEnvironmental Quality Hazardous Waste No. K06I, whose 

### waste has not previously been processed by ESII using the Super Detox(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 005.0Ld. (3-16-96) 

### ii. Prior to the initial treatment ofany 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 005.0La. Each ofthe four (4) samples shall be analyzed to determine ifthe CSEAFD generated meets the delisting levels specilied in Subsection 005.0Ld. (3-16-96) iv. Ifthe initial verification testing demonstrates that the CSEAFD samples meet the 

### delisting levels specified in Subsection 005.0l.d., ESII shall submit the operational and analytical test data, including quality control information, to the Department, in accOl'dance 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;t~at** the CSEAFD meets the delisting levels specified in Subsection 005.0l.d.; and' (3-16-96) (2) 005.0l.b.iv. The operational and analytical test data is submitted to the Department pursuant to Subsection (3-16-96) vi. For purposes of Subsections 005.0l.b. and 005.0l.c., "batch" shall mean the CSEAFD which results from a singletreatmentepisode 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 accOl'dance with Subsection 005.0La., from each batch of CSEAFD generated by ESII. ESII may, at its discretion, conduct subsequent verification testing on composite samples. In no eventshall a composite sample consist ofrepresentative samples 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 ifthe 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 tban thirty (30) days after it is generated by ESI!. (3-16-96) iv. Ifthe levels ofconstituents measured in asample, 01" composite sample, ofCSEAFD do not exceed the levels set forth in Subsection 005.0Ld., then any batch ofCSEAFD which contributedto the samplethat does not exceed the levels set forth in Subsection 005.0l.d. is non-hazardous and may be managed and/or disposed ofin a Subtitle 0 or Subtitle C landfill. (3-I6-96)

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

, .. l Page 4 lAC 2008IDAHOADMINISTRATIVECODE Department

### ofEnvironmental Quality IDAPA 58.01.05 Rules & Standards forHazardous Waste Department within fifteen (15) days from receiving the final analytical results, and any CSEAFD which contributed to the sampie must be: (3-16-96) (I) Retested, and retreated ifnecessary, until itmeets the levels set forth in Subsection OOS.01.d.; or

. (3-16-96) (2) Managed and disposedofin accordance with Subtitie C ofRCRA. (3-16-96) vi. Each batch ofCSEAFD shall be managed as hazardous waste in accordance with Subtitle C of ReRA until subsequent verification testing demonstrates that the CSEAFD meets the delisting levels specified in Subsection OOS.O1.d. (3-16-96) 

### d. Deiisting Levels. (3-16-96) i. All ieachableconcentrations for these metals must not exceed the following levels (mg/l): antimony 0.06 mercury 0.009 arsenic 0.50 nickel 1 barium 7.60 selenium 0.16 beryllium 0.010 silver 0.30 cadmium 0.050 thallium 0.020 chromium 0.33 vanadium 2 lead 0.15 zinc 70 (3-16-96) ii. Part261.24. Metal concentrations must be measured in the waste leachate 

### by the method specified in 40 CFR (3-16-96)


### e. Modification ofTreatmentProcess. (3-16-96) i. IfESII makes a decision to modifY the SuperDetox(R) treatment process from the description of the process as set forth in ESIl's Petition for Delisting Treated K061 Dust by the SuperDetox(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 implement the proposed modification. (3-16-96)
Ill. 

### IfESII modifies its treatmentprocess without first 

### receivingwritten approval from theDepartment, this exclusion ofwaste will bevoid from the timethe process was modified. (3-16-96) iv. ESIl's Petition for Deiisting Treated K061 Dust by the Super Detox(R) Process submitted to the Department on July 14, 1995 is available at the Department ofEnvironmental Quality, Permits and Enforcement, 1410N.1-1i1ton, Boise, Idaho 83706. (3-16-96) f. Records and Data Retention and Submittal. (3-16-96) i. Records ofdisposal site, operating conditions and analytical data from verification testing must be compiled, summarized, and maintained at ESII's Grand View facility for aminimum offive (5) years from the date the records or dataare generated. (3-16-96) ii. The records and data maintained by ESn must be furnished upon request to the Department or
Page 5 lAC 2008

### IDAHOADMINISTRATIVECODE Departmentof

### Environmental Quality EPA. IDAPA 58.01.05 Rules & 

### Standards forHazardous Waste (3-16-96)

Ill. 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, sufficientbasis to revoke the exclusion to the extentdirected by the Department.

. (3-16-96) iv. 

### All records or data submitted to 

### the bepartment must be accompanied 

### by a signed copy ofthe 

### following certification statementto attestto the truth and accuracy ofthe 

### recordsordatasubmitted: "Undercivil and! 

### orcriminal penalty oflaw forthe making orsubmission offalse orfraudulent statements or representations, Icertiry thatthe information contained inoraccompanyingthis document istrue, accurate, and complete. As to any identified sections ofthis document for which Icannot personally verify the truth and accuracy, IcertifY as the ESII official havingsupervisory responsibility for the personswho, acting under my direct instructions, made theverification that this infonnation is true, accurate, and complete. In the event that any ofthis 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 ifit never had effector to the extent directed by the Department and that ESll will be liable for any actions taken in contravention ofESll's RCRA and CERCLA obligations premised upon ESlI's 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 ESII's facility mergingwith American Ecology. This created aname change from Envirosafe Services ofIdaho, Inc. (ESll) to US Ecology Idaho, Inc. effectiveMay 1,2001. All references to Envirosafe Services ofldaho, Inc. orESll now referto US Ecology Idaho, Inc. (3-15-02) 006. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. 01. Incorporation by Reference. 40 CFR Part 262 and all Subparts, except for the language "forthe Region in which the generator is located" in 40 CFR 261\42(a)(2) and 40 CFR 262.42(b), are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1,2007. Forpurposes 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 ofadvance notification, annual reports, and exception reports, required under those sections, shall also be provided to the Director. For purposes of40 CFR 262.21, 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 of40 CFR Part 262 Subparts E, F, H, and 40 CFR 262.41(a)(4), "United States orU.S." shaIl be defined as the United States. (4-2-08) 

### 02. GeneratorEmergency Notification. In

### additionto theemergency notification required by 40 CFR 265.56(d)(2), 262.34(d)(5)(iv)(C), (see 40 CFR 262.34(.)(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) 007. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE. 40 CFR Part 263 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1, 2007. 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 bedefined as the United States. (4-2-08) 008. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 264 and all Subparts (excluding 40 CFR 264.1(t), 264.149, 264.150, 264.301(1), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(1) and 264.1080(g)) areherein incorporated by reference as provided in 40 CFR, revised as ofJuly 1,2007. Forpurposes 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 264.71(a)(3) and 264.1082(c)(4)(ii), "EPA" shall be defined as theU.S. Environmental Protection Agency. (4-2-08) 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(1), 265.1080(e), 265.1080(t), and265.1080(g)) and exceptthe languagecontained in40 CFR265.340(b)(2)
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### IDAHOADMINISTRATIVECODE DepartmentofEnvironmental Quality IDAPA 58.01.05 Rules & 

### Standards forHazardous Waste

as replaced with, "The following requirements continue to

## ~pply even when the owner or operator has demonstrated compliance with the MACT requirements ofpart 63, subpartEEE ofthis 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 1, 2007. For purposes of 40 CFR Subsection 265.12(a), "Regional Administrator" shall bedefined 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. (4-2-08) 010. 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 ofJuly 1, 2007. (4-2-08) 011. LAND DISPOSAL RESTRICTIONS. 40 CFR Part 268 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1, 2007, 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 implementingtheprovisions ofthese excluded sections remains withtheEPA. However, therequirements ofSections 39-4403(17) and 39-4423, Idaho Code, shall be applied in all cases wherethese requirements are more stringentthan the federal standards. Ifthe Administratorofthe 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 equivalentrequirementofthese rules. For purposes of40 CFR268.(2)U) "EPA" shall bedefined as the U.S. Environmental Protection Agency. Forpurposes 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. (4-2-08) 012. HAZARDOUS WASTE PERMIT PROGRAM. 40 CFR Part 270 and all Subparts, except 40 CFR 270.i2(a) and 40 CFR 270.I4(b)(18), are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 

### 1, 2007.:For purposes of40 CFR 270.2, 270.5, 270.10(e)(2), 270. 10(e)(3), 270.10(1)(2), 270.10(1)(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 theU.S. Environmental Protection Agency andtheU.S. Environmental Protection Agency Region 10 Regional Administrator respectively. (4-2-08) 013. PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR HWMA PERMIT APPLICATIONS). 40 CFRPart 124, Subparts A, Band G are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1,2007, except that 40 CFR 124.19, the fourth sentence of 40 CFR 124.31(a), the third sentence of40 CFR 124.32(a), and the second sentenceof40 CFR 124.33(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 124.10(c)(I)(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. (4-2-08) 014. INTERIM STATUS SURFACE IMPOUNDMENTS. In accordance with Section 30050) 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 November 8, 1988, unless retrofitted to meet standards applicable to new impoundments or subject to an exemption. Copies ofthe federal statute herein incorporated by reference are available in the locations provided in Subsection 002.02. Standards applicable to new surface impoundments which are referenced in Section 3005U) 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 FOR THE MANAGEMENT OF USED OIL. 01. Incorporation by Reference. 40 CFR Part 279 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1,2007. Forpurposes of40 CFR279.43(c)(3)(li) "Director" shall bedefined as the Director, U.S.DOT OfficeofHazardous**M~te,ials** Regulation. (4-2-08)

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### IDAHOADMINISTRATIVE CODE Department

### ofEnvironmental Quality IDAPA 58.01.05 Rules & 

### Standards forHazardous Waste 02. Used Oil as a Dust Suppressant. 40 GFR Part 279 contains a prohibition on the use ofused oil as a dust suppressant at 279.82(a), however, States may petition EPA to aliow the use ofused oil as a dust suppressant. Members ofthe public may petitionthe Stateto makethis application to EPA. This petition to the State must: (2-11-94)

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

### b. Demonstrate how the requirements of**~O** CFR279.82(b) wili bemet. (2-1I-94) 016. STANDARDS FOR UNIVERSAL WASTE MANAGEMENT. 40 CFR Part 273 and ali Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly I, 2007. Forpurposes of40 CFR273.32(a)(3), "EPA" shali be defined as theU.S. Environmental Protection Agency. (4-2-08) 017. (RESERVED). 018. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDERA STANDARDIZED PERMIT. 40 CFR Part 267 and all Subparts are herein incorporated 

### by reference as provided in 40 CFR, revised as ofJuly 1, 2007. (4-2-08) 019.

-- 354. (RESERVED). 355. HAZARDOUS WASTE FACILITY SITING LICENSE FEE. An application for a siting license required 

### by HWFSA shall be accompanied 

### by a siting license fee in an amount established by theserules. The license fee shali notexceed seven thousand five hundred doliars ($7,500) and shali be submitted with the siting license application. (3-I-93) I • 01. License Fee Criteria. The siting license feerequired by HWFSA and these rules shali 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 oran equivalentmeasurement, proposed forthe hazardous waste facility. (3-1-93) b. "Site Size" means the sum in acres ofall proposed "Hazardous Waste Management Unit(s)" as defined in Section 004 (40 CFR 260.10). (7-1-97) 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 thetable below.

$7,500 MoreThan 20,000 $4,000 $3,000 1 acre orgreater 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)

03. License Fee for Facilities Required to Submit Engineering or Hydrogeological Information. For any proposed commercial hazardous waste disposal" treatment or storage facility or anyon-site land disposal Page 8 lAC 2008

### IDAHOADMINISTRATIVECODE Department

### ofEnvironmental Quality IDAPA 58.01.05 Rules & 

### Standards forHazardous Waste facility for wastes listed pursuantto Section 201(d)(2) and (e), as modified by Section 209 ofthe Federal Hazardous and Solid Waste Amendments of 1984, which must submit engineering or hydrogeological information to indicate compliance 

### with technical criteria as adopted in the Hazardous Waste Management Plan, the siting license fee shall 

### be seven thousand five hundred dollars ($7,500). (3-1-93) 04. Expansion, Enlargement or Alteration of a Commercial Hazardous Waste Disposal, Treatment or Storage Facility or Any On-Site Land Disposal Facility for Wastes Listed Pursuant to Section 201(D)(2) and (E), as Modified by Section 209 ofthe Hazardons and Solid Waste Amendments of 1984. 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 mustbepaid. (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 orwithdrawn, ordenied. (3-1-93) 356. VARIANCE APPLICATIONS FORTSD FACILITIES ORSITES. 01. Application Contents and Standard ofReview. 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 ifthe applicant demonstrates to the Director's satisfaction that construction and operation ofthe TSD facility orsite in the manner allowed by thevariance and any term or condition imposed as 

### partofthevariance: (6-10-88)
a. 

### b.

e. Is required to avertunnecessary and significanthardship; Is not inconsistentwith EPA**requiremen~;** 

### and Will not createa nuisanceorahazard to thepublic health, safety ortheenvironment. 

### (6-10-88) (6-10-88) (6-10-88) 02. Public Hearings. The Director may hold a public hearing on an initial application for a variance and shall hold apublichearing on any application to renew or extend avariance. The publichearing shall be held ata location in the county where the operations that are the subject ofthe 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 shail give at least twenty (20) days' notice ofthe hearing to the applicant by certified mail and shall cause at least one (1) publication ofnotice in a newspaper with general circulation in either thecounty where the operation is conducted orthe county wherethe hearing is to beheld. The Directorshall causeto 

### be made acompleterecord ofthetestimony and the evidence submitted at the hearing. (6-10-88) 03. Public Information. All information submitted as part ofa variance application shall betreated as public information and shall not be subjectto any claim ofconfidentiality. 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 atthe Department's state office and all regional offices a CUITent listofpending applications for variances and acurrentschedule ofpendingvariance hearings. (3-1-93) 04. Director's Decision. No variance shall be issued or denied until the Director has considered the relative interests ofthe 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 ordenied withoutawritten order statingthefindings upon which the decision is based. 

### (3-1-93) 05. Applicant to Bear Costs. The cost ofpublic notice, recording and transcribing oftestimony and hearing facilities shall beborne by the applicant, regardless ofwhether or not avariance is issued. (6-10-88) 

### 357.

-- 499. (RESERVED).

Page9 lAC 2008IDAHOADMINISTRATIVECODE 

### DepartmentofEnvironmental Quality 500. ROUTING OF HAZARDOUS WASTE SHIPMENTS. IDAPA 58.01.05 

### Rules & 

### Standards forHazardous Waste

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 interstatehighways; and (6-10-88) 

### b. traveled. Avoid municipalities and population centers, even when doing so may add miles to the distance (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 thepublic health, safety orenvironment, prescribe 

### by order particular conditions for that shipment or shipments including but not limited to special placarding, pilot vehicles, routing restrictions, parking restrictions and timing restri9tions. (6-10-88) 501.

-- 799. (RESERVED). 800. INSPECTION PLAN

-- FREQUENCY LEVELS. The Departmentmay, as time and resources permit, conduct regularinspections ofpersons orentities subjectto 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. Commercial TSD Facilities. Commercial TSD facilities orsites or offsite generatorTSD facilities orsites, up to every day. (3-6-91) 

### Generator On-Site TSD Facilities. Generator on-site TSD facilities or sites -- up to twenty (20) (3-1-93) TransportVehicles. Transportvehicles as necessary. (3-6-91) 02. times peryear. 03. 04. 05. 

### Transport Facilities. Transport facilities or sites -- up to twelve (12) times peryear. 

### Generators. Generators -- up to twelve (12) times peryear. (3-1-93) (3-1-93) 

### 06. Conduct Inspections. Nothing in the preceding schedule offrequency levels may be construed as limiting the Department's authority to conduct inspections when there is reasonable cause to suspect a violation of HWMA orthese rules. TheDirectormay by policy guidance memorandum modify the inspection ti'equency levels as necessary for the effective or efficientenforcementofHWMA and these rules. (3-1-93) 801.

-- 849. (RESERVED). 850. ILLEGAL ACTIONS. 

### 01. False Statements or Representations. Any person who makes a false statement or representation in any application, label, manifest, record, report, permit orother 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 statementorrepresentation. (3-1-93) 

### 02. Failure to Comply with These Rules, the HWMA, or Other Requirements. Any person who violates these rules, HWMA, or any permit, standard, condition, requirement, compliance agreementororder issued pursuant to these rules or HWMA thereby commits a violation. Civil penalties may be imposed for each separate violation and for each day ofcontinuing 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 misdemeanor for each separate violation and for each day ofacontinuing violation. (3-1-93)

Page 10 lAC 2008IDAHOADMINISTRATIVE CODE 

### DepartmentofEnvironmental Quality IDAPA 58.01.05 

### Rules & 

### Standards forHazardous Waste 851.

-- 899. (RESERVED). 900. EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNT. The Director may declare ahazardous waste emergency ifthe public health, safety orthe environment are threatened 

### by a release orthreat 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, conductinvestigations, test samples, and employ personnel as necessary oreliminate ormitigatethe immediatethreat and stabilize the situation. The Director may authorize the expenditure or obligation ofmore than two hundred 

### thousand dollars ($200,000) from this account in any given situation upon a finding by the Board that a greater expenditureorobligation is prudent and necessary to protectthe public health, safety or environment. (5-3-03) 

### 901.

-- 995. (RESERVED). 996. ADMINISTRATIVE PROVISIONS. Administrativeappeals ofagency actions shall begoverned by IDAPA 58.01.23, "Rules ofAdministrativeProcedure Beforethe BoardofEnvironmental Quality." (4-6-05) 997. CONFIDENTIALITY OF RECORDS. Information obtained by the Departmentundertheserules shaII,bedisclosed to the public in accordance with Chapter 3, Title 9, Idaho Code. Information submitted under atrade 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 DisclosureofRecords in the Possession ofthe Idaho DepartmentofEnvironmental Quality." (4-5-00) 998. INCLUSIVE GENDERAND NUMBER Forthe purposes ofthese rules, words used in the masculine genderalso include the feminine and neutergender, and vice versa, where appropriate. Words in the singular include the plural and words in theplural 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 affectthevalidity ofthe remaining provisions. (6-I0-88)

Page 11 lAC 2008

# Subject Index

A Applicantto Bear Costs, Variance

Applications forTSD Facilities or Siles 9 Application Contents & Standard of

Review, Variance Applications for ISD Facilities orSites 9 Availability ofReferenced Material 2 

# c CFR 2 Commercial TSD Facilities, Inspection

Plan

-- Frequency Levels 10 ConductInspections, Inspection Plan

--

Frequency Levels 10 

### D Definitions, IDAPA 58.01.05, Rules &

Standards For Hazardous Waste 2 Director's Conditions, Routing of

Hazardous Waste Shipments to Director's Decision, Variance

Applications for ISD Facilities or Sites 9 

### E Environmental Appeals Board 2 Excluded Wastes, Identification &

Listing ofHazardous Waste 3 Expansion, EnlargementorAlteration

ofaCommercial Hazardous Waste Disposal, Treatmentor Storage Facility 9 Expenditures From Hazardous Waste

Emergency Accounts 11 

### F Failure to Comply With These Rules,

TheHWrvlA, orOtherRequirements, Illegal Actions 10 False Statements orRepresentations,

Illegal Actions 10 

### G Generator EmergencyNotification,

Standards Applicable to Generators ofHazardous Waste 6 Generator On-SiteTSD Facilities,

Inspection Plan -- Frequency Levels 10 Generators, Inspection Plan --

Frequency Levels 10 

### H HWFSA, Hazardous Waste Facility

Siting Act 3 HWMA, Hazardous Waste

ManagementAct 3 Hazardous Waste Facility Siting LicenseFee 8 Hazardous WasteManagement

System 3 Hazardous Waste PermitProgram 7 

### I Identification & Listing OfHazardous

Waste 3 Illegal Actions 10 Incorporation By Reference OfFederal

Regulations 2 Inspection Plan -- Frequency

Levels 10 Interim Status Standards ForOwners &

Operators OfHazardous Waste Treatment, Storage& Disposal Facilities 6 Interim Status Surface

Impoundments 7 

### L LandDisposal Restrictions 7 License Fee Criteria, Hazardous Waste

Facility Siting License Fee 8 LicenseFee Scale, Hazardous Waste

Facility Siting License Fee 8 License Fee for Facilities Required to

SubmitEngineeringor Hydrogeological Information, Hazardous Waste Facility Siting License Fee 8

### p Procedures ForDecision-Making (State

Procedures For RCRA OrHWMA Permit Applications) 7 PublicHearings, VarianceApplications

forTSD Facilities orSites 9 Public Information, Variance

Applications forTSD Facilities or Sites 9 

### R RCRA, The Resource Conservation &

Recovery Act 3 Regional Administrator 3 Routing OfHazardous Waste

Shipments 10 

### S Siting License Fee Nonrefundable,

Hazardous Waste Facility Siting License Fee 9 StandardsApplicableTo Generators Of

Hazardous Waste 6 Standards Applicable ToTransporters

OfHazardous Waste 6 Standards ForOwners & Operators Of

Hazardous WasteTreatment, Storage Page 12 & Disposal Facilities 6 Standards ForThe Management Of

Specific Hazardous Wastes & SpecificTypes OfHazardous Waste Facilities 7 Standards ForThe Management Of

Used Oil 7 Standards For Universal Waste

Management 8 

### T TSD, Treatment, Storage or

Disposal 3 Transport Facilities, Inspection Plan --

Frequency Levels 10 Transport Vehicles, Inspection Plan

--

Frequency Levels 10 Transporting, Routing ofHazardous

Waste Shipments 10 

# u U.S. Environmental Protection Agency

orEPA 3 United States or U.S 3 Used Oil as a Dust Suppressant,

Management ofUsed Oil 8 

### V Variance Applications ForTSD

Facilities Or Sites 9