APPENDIX X
IDAHO

ADMINISTRATIVE

CODE

July 2008 - Volume 12

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.

C.L. "Butch" Otter, Governor

Mike Gwartney, Director, Department of Administration

Edward Hawley, Administrative Rules Specialist

Brad Hunt, Desktop Publishing Specialist

Printed by AlphaGraphics, Boise, Idaho

Internet Address: 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 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. . 6

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. 7

016. Standards For Universal Waste Management. 8

017. (Reserved) 8

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

Under A Standardized Permit. 8

019. -- 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 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 Gender And Number. 11

999. Severability. . 11

Page 1
IDAPA 58

TITLE 01

CHAPTER ,,-, "05

58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE

000. LEGAL AUTHORITY.

These rules are adopted pursuant to the authority vested in the Board of Environmental 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 of the Department of Environmental 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 of Environmental 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), Title 40, 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 of July I, 2007, including any notes and appendices

therein, unless expressly provided otherwise in these rull!s. (4-2-08)

01. Exceptions. Nothing in 40 CFR Parts 260 - 268, 270, 273, 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. (3-30-07)

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

these rules are maintained at the 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. Department of Environmental Quality, 1410 N. Hilton, Boise, lD 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)

OJ.

02.

03.

Board. The Idaho Board ofEnvironmental Quality.

CFR. The United States Code ofFederal Regulations.

Department. The Idaho Department of Environmental Quality.

(6-10-88)

(3-1-93)

(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 Code, 01' except where noted

in these rules. When used in the context ofthese rules, tne'detinition shall be the U.S. Environmental Appeals Board.

(3-15-02)

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06. 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 Department of Environmental Quality, except when used to refer

to an EPA Identification number, EPA hazardous waste number, EPA [OnTIS, 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 Headqu31ters 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. HWFSA. 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)

09. IDAPA. The Idaho Administrative Procedures Act, Chapter 52, Title 67, 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 oflhese

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 ofthe Idaho Department of Environmental 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 ofthese rules, the definition shall be the United

States. (7-1-97)

004. 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 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 of 40

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 26 I 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 except 40 CFR 261 .23 (a)(8), are herein incorporated by reference as provided in 40 CFR, revised

as ofJuly 1,2007. For purposes of 40 CFR 26I.l0 and 40 CFR 26I.l I, "Administrator" shall be defined as the U.S.

Environmental Protection Agency Administrator. For purposes of 40 CFR 261.41 (a), 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)(1I)(ii), 40 CFR

261.39(a)(5), and 40 CFR 261 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 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 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 005.0!.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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b. Initial Verification Testing. (3-16-96)

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

Furnace Dust (EAFD), EPA and Idaho Department of Environmental 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 of any new source of EAFD, 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 of the four (4) samples shall be analyzed to determine if the CSEAFD generated meets the delisting

levels specilied in Subsection 005.0Ld. (3-16-96)

iv. If the 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 single treatment episode in a full scale mixing vessel. (3-16-96)

c. Subsequent Verification 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 event shall a composite sample consist of representative

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

ii. The samples shall be analyzed prior to disposal of each batch of CSEAFD to determine if the

CSEAFD meets the delisting levels specified in Subsection 005.0l.d. (3-16-96)

111. Each batch of CSEAFD 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 of constituents measured in a sample, 01" composite sample, ofCSEAFD do not exceed

the levels set forth in Subsection 005.0Ld., then any batch ofCSEAFD which contributed to the sample that does not

exceed the levels set forth in Subsection 005.0l.d. is non-hazardous and may be managed and/or disposed of in a

Subtitle 0 or Subtitle C landfill. (3-I6-96)

v. If the constituent levels in a sample,or composite sample, exceed any of the delisting levels set

fOlth in Subsection 005.0Ld., then ESII must submit written notification of the results of the analysis to the , .. l

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Rules & Standards for Hazardous 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 if necessary, until it meets the levels set forth in Subsection OOS.01.d.; or . (3-16-96)

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

vi. Each batch of CSEAFD 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 ieachable concentrations 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.

Part 261.24.

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

(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 ESIl's Petition for Delisting Treated K061 Dust by 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 implement the proposed modification. (3-16-96)

Ill. IfESII 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. 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 of Environmental 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 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 of five (5) years from the date

the records or data are generated. (3-16-96)

ii. The records and data maintained by ESn must be furnished upon request to the Department or

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(3-16-96)

Ill. 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 bepartment must be accompanied by a signed copy of the

following certification statement to attest to the truth and accuracy ofthe records or data submitted: "Under civil and!

or criminal penalty oflaw for the making or submission of false or fraudulent statements or representations, I certiry

that the information contained in or accompanying this document is true, accurate, and complete. As 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 infonnation 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, I

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 ESll will be liable for any actions taken in contravention of ESll'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 merging with American Ecology. This created a name change from Envirosafe

Services of Idaho, Inc. (ESll) to US Ecology Idaho, Inc. effective May 1,2001. All references to Envirosafe Services

ofldaho, Inc. or ESll now refer to 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 "for the

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. 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 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 of 40 CFR Part 262

Subparts E, F, H, and 40 CFR 262.41(a)(4), "United States or U.S." shaIl be defined as the United States. (4-2-08)

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(.)(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 of 40 CFR 263.20(g), 263.20(g)(I), 263.20(g)(4), 263.21(a)(4), and 263.22(d), "United States"

shall be defined 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)) are herein incorporated by reference as provided in 40 CFR,

revised as ofJuly 1,2007. 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(a)(3) and 264.1082(c)(4)(ii), "EPA" shall be defined as the U.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), and 265.1080(g)) and except the language contained in 40 CFR 265.340(b)(2)

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as replaced with, "The following requirements continue to ~pply even when the owner or operator has demonstrated

compliance with the MACT requirements of part 63, subpart EEE ofthis 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, 2007. 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. (4-2-08)

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

implementing the provisions ofthese 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. Ifthe Administrator ofthe 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

purposes of 40 CFR 268.(2)U) "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. (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 of July 1, 2007.:For purposes of 40 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 the U.S.

Environmental Protection Agency and the U.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 CFR Part 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 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 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) of RCRA 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 of the 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. For purposes of 40 CFR 279.43(c)(3)(li) "Director" shall

be defined as the Director, U.S.DOT Office of Hazardous M~te,ials Regulation. (4-2-08)

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02. Used Oil as a Dust Suppressant. 40 GFR 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 aliow the use of used 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 DepaItment of Environmental Quality, 1410 North Hilton, Boise, Idaho

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

b. Demonstrate how the requirements of ~O CFR 279.82(b) wili be met. (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 of July I,

2007. For purposes of 40 CFR 273.32(a)(3), "EPA" shali be defined as the U.S. Environmental Protection Agency.

(4-2-08)

017. (RESERVED).

018. 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,

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 these rules. The license fee shali not exceed 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 surrounding the 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)

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.

$7,500

More Than 20,000

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

Equal to or greater than 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
IDAHO ADMINISTRATIVE CODE

Department ofEnvironmental Quality

IDAPA 58.01.05

Rules & Standards for Hazardous Waste

facility for wastes listed pursuant to Section 201(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)

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 of the 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 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 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 ofthe variance: (6-10-88)

a.

b.

e.

Is required to avert unnecessary and significant hardship;

Is not inconsistent with EPA requiremen~; and

Will not create a nuisance or a hazard to the public health, safety or the environment.

(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 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 of the public. The Director shail give at least twenty (20) days' notice of the hearing to the applicant by

certified mail and shall cause at least one (1) publication of notice in a newspaper with general circulation in either

the county where the operation is conducted or the county where the hearing is to be held. The Director shall cause to

be made a complete record ofthe 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 CUITent list of pending

applications for variances and a current schedule of pending 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 of public 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)

357. -- 499. (RESERVED).

Page 9 lAC 2008
IDAHO ADMINISTRATIVE CODE

Department ofEnvironmental Quality

500. ROUTING OF HAZARDOUS WASTE SHIPMENTS.

IDAPA 58.01.05

Rules & Standards for Hazardous Waste

01. Transporting. Any person transporting a quantity of hazardous waste which requires a manifest

shall, to the extent possible: (6-10-88)

a. Use state, United States and interstate highways; 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 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 timing restri9tions. (6-10-88)

501. -- 799. (RESERVED).

800. INSPECTION PLAN -- FREQUENCY LEVELS.

The Department may, as time and resources permit, conduct regular inspections of persons 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. Commercial TSD Facilities. Commercial TSD facilities or sites or offsite generator TSD facilities

or sites, 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)

Transport Vehicles. Transport vehicles as necessary. (3-6-91)

02.

times per year.

03.

04.

05.

Transport Facilities. Transport facilities or sites -- up to twelve (12) times per year.

Generators. Generators -- up to twelve (12) times per year.

(3-1-93)

(3-1-93)

06. Conduct Inspections. 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 Director may by policy guidance memorandum modify the inspection ti'equency levels as

necessary for the effective or efficient enforcement of HWMA 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 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 of the type described above is, in addition to civil penalties, subject to

criminal prosecution for the commission of a misdemeanor for each statement or representation. (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 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 of the 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 of a continuing violation. (3-1-93)

Page 10 lAC 2008
IDAHO ADMINISTRATIVE CODE

Department ofEnvironmental Quality

IDAPA 58.01.05

Rules & Standards for Hazardous Waste

851. -- 899. (RESERVED).

900. EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNT.

The Director may declare a hazardous waste emergency ifthe public health, safety or the environment are threatened

by a release or threat of release of a 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 immediate threat

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 finding by the Board that a greater

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

901. -- 995. (RESERVED).

996. ADMINISTRATIVE PROVISIONS.

Administrative appeals of agency actions shall be governed by IDAPA 58.01.23, "Rules ofAdministrative Procedure

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

997. CONFIDENTIALITY OF RECORDS.

Information obtained by the Department under these rules shaII,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 of Records in the Possession ofthe Idaho Department ofEnvironmental Quality." (4-5-00)

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)

999. SEVERABILITY.

The provisions of these rules are severable and if a provision or its application is declared invalid for any reason, that

declaration will not affect the validity ofthe remaining provisions. (6-I0-88)

Page 11 lAC 2008
Subject Index

A

Applicant to Bear Costs, Variance

Applications for TSD Facilities or

Siles 9

Application Contents & Standard of

Review, Variance Applications for

ISD Facilities or Sites 9

Availability ofReferenced Material 2

c

CFR 2

Commercial TSD Facilities, Inspection

Plan -- Frequency Levels 10

Conduct Inspections, 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 of Hazardous Waste 3

Expansion, Enlargement or Alteration

of a Commercial Hazardous Waste

Disposal, Treatment or Storage

Facility 9

Expenditures From Hazardous Waste

Emergency Accounts 11

F

Failure to Comply With These Rules,

The HWrvlA, 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

HWFSA, Hazardous Waste Facility

Siting Act 3

HWMA, Hazardous Waste

Management Act 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 Of Federal

Regulations 2

Inspection Plan -- Frequency

Levels 10

Interim Status Standards For Owners &

Operators Of Hazardous Waste

Treatment, Storage & Disposal

Facilities 6

Interim Status Surface

Impoundments 7

L

Land Disposal Restrictions 7

License Fee Criteria, Hazardous Waste

Facility Siting License Fee 8

License Fee Scale, Hazardous Waste

Facility Siting License Fee 8

License Fee for Facilities Required to

Submit Engineering or

Hydrogeological Information,

Hazardous Waste Facility Siting

License Fee 8

p

Procedures For Decision-Making (State

Procedures For RCRA 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

R

RCRA, The Resource Conservation &

Recovery Act 3

Regional Administrator 3

Routing Of Hazardous Waste

Shipments 10

S

Siting License Fee Nonrefundable,

Hazardous 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 Treatment, Storage

Page 12

& 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

TSD, Treatment, Storage or

Disposal 3

Transport Facilities, Inspection Plan --

Frequency Levels 10

Transport Vehicles, Inspection Plan --

Frequency Levels 10

Transporting, Routing of Hazardous

Waste Shipments 10

u

U.S. Environmental Protection Agency

or EPA 3

United States or U.S 3

Used Oil as a Dust Suppressant,

Management of Used Oil 8

V

Variance Applications For TSD

Facilities Or Sites 9