•
 

•
 

•
 

RCRA CLUSTERS VII AND VIII REVISED AUTHORIZATION APPLICATION 

ADDENDUM TO PROGRAM DESCRIPTION 

FEBRUARY 2001 

I.	 SCOPE, STRUCTURE, COVERAGE, AND PROCESSES OF THE IDAHO 

HAZARDOUS WASTE PROGRAM [40 CFR § 271.6 (a)] 

Idaho Department ofEnvironmental Quality, (Idaho DEQ), intends to continue to operate a 

hazardous waste program that is consistent with the federal program. Accordingly, the Idaho 

Hazardous Waste Rules and Standards are amended annually using an adoption by reference 

process for all delegable federal requirements with approval by the Idaho Legislature, so that the 

Idaho Hazardous Waste Rules and Standards, IDAPA 16, Title 1, Chapter 5, remain consistent 

with federal RCRA hazardous waste regulations. The Revised Attorney General's Statement, 

(Appendix I), supports coverage for all delegable federal hazardous waste regulations 

promulgated as ofJuly 1,1998. The structure and organization ofthe Idaho.Dlit) was changed 

to department status by SB 1426 as ofJuly 1, 2000 and is described in more detail in the Revised 

Attorney General's Statement (Appendix I). In that change, the newly created Idaho Department 

ofEnvironmental Quality was delegated continuing authority to promulgate equivalent hazardous 

waste rules and standards for all delegable federal requirements with approval by the Idaho 

Legislature. 

The scope ofthis program revision includes the requirements ofRCRA Clusters VII and vm as 

well as the Organic Air Emission Standards for Tanks, Surface Impoundments and Containers, 

(CC Rule), (5·9 FR 62896). This Program Description Addendum (PD) modifies the September, 

1996, Program Description and 1997 RCRA Cluster VI Program Description Addendum. 

(Appendix II) 

II.	 ORGANIZATION AND STRUCTURE [40 CFR § 271.6(b)] 

The Idaho DEQ Waste Management and Remediation Division is responsible for continued 

implementation ofthe Idaho Hazardous Waste Program. This is an internal restructure ofthe 

Idaho DEQ Permits and Enforcement Division listed in the September, 1996, Program 

Description. The organization ofIdaho DEQ was changed to department status by SB 1426 and 

is described in more detail in the Revised Attorney General's Statement (Appendix I). 

A.	 Staffing arid Funding [40 CFR § 271.6(b)(l)(2)(3)] 

Organization charts have been included in Appendix m. The 2000 annual RCRA 

Hazardous Waste Grant Workplan and budget sheets have been included in 

Appendix IV to outline staff, sources offunding and planned hazardous waste 

activities. 
c
 

III. STATE PROCEDURES [40 CFR § 271.6(c)] 

See Appendix V, Hazardous Waste Program Summary, dated April, 2000 1

, and the RCRA 

Memorandum of Agreement, (MOA), revised 3/14/01, (Appendix VD, for a complete description 

ofhazardous waste permitting procedures. Any effects ofSB 1426, effective July 1, 2000, on the 

State ofIdaho's permitting, judicial, and administrative procedures are documented in more 

detail in the Revised Attorney General's Statement (Appendix D. 

IV. FORMS [40 CFR § 271.6(d)] 

Idaho DEQ uses federal forms for hazardous waste permits, biennial reporting, notification of 

hazardous waste activity and manifesting ofhazardous waste. 

V. COMPLIANCE TRACKING AND ENFORCEMENT [40 CFR § 271.6(e)] 

There have been no substantive changes to compliance tracking and enforcement. A complete 

description of the Idaho DEQ Hazardous Waste Compliance Tracking and Enforcement Program 

can be found in Appendix V, Hazardous Waste Program Summary, dated April, 2000 and in the 

RCRA MOA, revised 3/14/01, (Appendix VD as modified by SB 1426 and described in the 

Revised Attorney General's Statement (Appendix D. c 

VI. MANIFESTING [40 CFR § 271.6(t)] 

There are no changes to this portion ofthe program. The Idaho DEQ continues to incorporate by 

reference and enforce federal manifesting requirements. 

1 The Hazardous Waste Program Summary (Appendix V) is submitted for the purpose of 

background information. Many of the references in the document have been modified by the 

passage ofSB 1426, effective July 1, 2000. For example, (page 2), references to the Board of 

Health and Welfare, should be the Board of Environmental Quality; (page 6) references to the 

Department ofHealth and Welfare, should be the Department ofEnvironmental Quality; (page 

17) references to the Director ofHealth and Welfare or Administrator ofDEQ, should be the 

Director of Environmental Quality. 
• VII. GENERATORS, TRANSPORTERS, TSD FACILITIES 

[40 CFR § 271.6(g)(1)(2)(3)] 

The Idaho Handler Count Activity Report dated August 14,2000 has been included in Appendix 

vn to define the numbers ofhazardous waste generators, transporters and treatment,storage and 

disposal (TSD) facilities. The Permitting Six Quarter Plan dated August 28, 2000, has been 

included to define types and status ofhazardous waste permitted facilities operating in Idaho. 

(See Appendix VITI). 

VIII. ANNUAL QUANTITIES OF HAZARDOUS WASTE [40 CFR § 271.6(h)] 

The Idaho Hazardous Waste Management Report, 2000, is the most recent document that 

describes hazardous waste generation and management in Idaho. It has been included in 

Appendix IX. Please refer to the Revised Attorney General's Statement (Appendix I) for any 

modifications caused by SB 1426. 

• 

•
 
PROGRAM DESCRIPTION
 

r , ~". I. BACKGROUND

In 1983, the Hazardous Waste Management Act (HWMA) was promulgated by the Idaho legislature. 

This was the enabling legislation for the proper management ofhazardous waste in Idaho. This 

legislation provided the authority for promulgation of hazardous waste rules and standards by the 

Idaho Board ofHealth and Welfare. HWMA was amended in 1984, 1986 through 1991, and 1993 

through 1996. These revisions were necessary to maintain the State's equivalency to the federal 

program (Appendix I) and to modify certain portions of the Statute that are broader in scope than the 

Federal RCRA program. The 1995 amendment to HWMA significantly reduced hazardous waste 

disposal fees collected by the State. The 1996 amendment changed the frequency of Idaho's reporting 

requirement from quarterly to annual. 

The Idaho Administrative Rules governing hazardous waste are entitled, "Rules and Standards for 

Hazardous Waste, IDAPA 16, Title 01, Chapter 05." The first set of State regulations became 

effective on January 1, 1985. Annual rule updates and corrections have been promulgated 

subsequently (see Appendix II). 

HWMA instructs the Board ofHealth and Welfare to promulgate rules and standards which are in 

substance consistent with RCRA regulations but no more stringent nor broader in scope. To meet the 

standards of equivalency and consistency with the federal program, Idaho incorporates by reference 

delegable federal regulations in 40 CFR Parts 124,260-266,268,270, 273 and 279. 

On April 9, 1990, Idaho was granted final base authorization for those non-HSWA (Hazardous and 

Solid Waste Amendments) and HSWA requirements, promulgated as ofJuly 1, 1987, and interim 

authorization for the HSWA Corrective Action provisions promulgated as ofJuly 1, 1987. Final 

authorization for those HSWA Corrective Action provisions was granted on June 5, 1992. On August 

10, 1992, Idaho was granted final authorization for those HSWA and non-HSWA provisions 

promulgated as ofJuly "'1, 1990. On March 30, 1995, Idaho was granted final authorization for HSWA 

and non-HSWA provisions promulgated as ofJuly 1, 1993. Appendix ill contains a table illustrating 

Idaho's RCRA program authorization status. 

IT.	 SCOPE, STRUCTURE, COVERAGE, AND PROCESSES OF THE IDAHO PROGRAM 

[40 CFR §" 271.6 (a)) 

Idaho intends to continue to operate a hazardous waste program that is consistent with the federal 

program. Accordingly,..the Hazardous WasteRules ~~.~.!andC1!:d~were~end_e.~.cApp~~dixII). 

Annually, the Idaho Board ofHealth and Welfare has adopted by reference all delegable federal 

requirements so the Idaho Hazardous Waste Rules and Standards, IDAPA 16, Title 1, Chapter 5, 

remain consistent with RCRA. These documents and the Revised Attorney General's Statement 

(Appendix IV) support coverage for all delegable RCRA requirements itemized in Appendix V, 

Reference Guide to Cluster Adoption. 

I 
Idaho Revised Authorizatiori Application 

September, 1996 

Page 2 

The scope of this program revision includes the requirements ofRCRA Clusters IV and V (Appendix 

V, Reference Guide to Cluster Adoption). This Program Description (PD) is in addition to the 1994 

PD which amended the original July 1988 Program Description. The format ofthis document consists 

of appendices that contain improvements to Idaho's RCRA program, which are pertinent to this revised 

authorization package. RCM Revision Checklists from the State Authorization Manual have been 

excluded to avoid redundancy with the Attorney General's Statement and to eliminate approximately 

120 pages of duplicative information. This format will allow for a streamlined approach to future 

program revisions. 

A. State Regulatory Equivalency 

Idaho has maintained regulatory equivalency with the federal RCRA program by 

incorporating by reference all delegable hazardous waste regulations revised between 

July 1, 1993 and July 1, 1995. There is one exception to Idaho's traditional adoption by 

reference of all delegable hazardous waste regulations in RCRA Cluster V. An EPA 

Headquarters memorandum dated January 26, 1996 reconirnended States defer adoption 

ofthe Organic Air Emission Standards for Tanks, Surface Impoundments, and 

Containers (59FR 62896) until revisions are made. Idaho has followed this 

recommendation. Appendix II contains the Idaho Hazardous Waste Rules and 

Standards which include RCRA Clusters IV and V. The Revised Attorney General's ell 

Statement (Appendix IV) contains a comparison ofEPA's 40 CFR citations and Idaho's .­

equivalent State rules. Also included in the Attorney General's statement are the Idaho 

Hazardous Waste Management Act authorities and corresponding rules. Idaho's Rules 

and Standards for Hazardous Waste were significantly lengthened during 1995 by the 

inclusion of a conditional exclusion for a newly delisted wastestream. 

B. Organization and Structure [40 CFR §§ 271.6 (b)] 

Permits and Enforcement is the division responsible for implementation of Idaho's 

hazardous waste program. Minor reorganizations did not impact these responsibilities. 

C. Staff Job Descriptions [40 CFR §§ 271.6 (b)(l)] 

There are no new staff positions which require job descriptions for th~PJ~!l'Qses ofthis 

revised -application.--Severariitlechanges-liave-bee-nenacted; however, the duties 

associated with these positions remain unchanged. The organizational chart in 

Appendix VI includes these changes. 

D. State Agency Staffing and Funding 

Idaho's RCRA program currently consists of 12.95 FTE that are utilized to implement c-\ the program. The federal government provides approximately forty-nine percent (49%)· / ,. 

of the funding for these positions. Federal RCRA funding is allocated for :c-__ •• 

2
 
Idaho Revised Authorization Application 

September, 1996 

Page 3 

approximately 6.4 FTE. DEQ's RCRA program will continue to focus foremost on 

permitting, corrective action, enforcement and compliance assistance efforts. Appendix 

VI contains the organizational charts for DEQ Permits and Enforcement division 

including RCRA staff positions. 

E. Training 

Continual staff training is a key element ofthe State program as RCRA regulations 

evolve. Training with emphasis on technical criteria, regulations, policies, interagency 

issues, etc., is scheduled on an as-needed basis. Appendix vn contains examples of 

training sessions attended by members ofthe RCRA staff during the time-frame 

applicable to this revision package. 

In addition to technical training, where appropriate, RCRA program staff are trained in 

accordance with the State ofIdaho Worker Health and Safety Program, which includes 

training in the use of personal protective equipment and the requirements of29 CFR 

1910.120. 

F. Program Funding [40 CFR §§ 271.6 (b)(2)&(3)] 

Idaho's RCRA program operates on $826,311 according to FY 95 Work Plan and 

Idaho's Application for Federal Assistance - Hazardous Waste Management RCRA. 

The DEQ receives approximately forty-nine percent (49%) ofRCRA program funding 

through an EPA grant. The federal RCRA grant amount of$401,419 has remained the 

same for the last five years. Fifty-one percent (51%) ofthe RCRA program' funding is 

comprised offees assessed on hazardous waste disposed at commercial TSD facilities. 

Fees collected are managed in the Hazardous Waste Management Account. Hazardous 

Waste Disposal fees, utilized to support the operation ofIdaho's authorized RCRA 

program, totaled $424,892 in 1995. Recent decreases in fees coupled with potential 

reductions in federal funding could seriously affect the program. The next revised 

authorization package may reflect recent efforts that are underway for Idaho to enter 

into a Performance Partnership Agreement and Performance Partnership Grant with 

EPA 

G. Ancillary Staff Support 

Ancillary support ofthe RCRA program is provided by DEQ's Planning and Support 

Services Division. This Division supports all programs within DEQ and receives 

partial funding through the current indirect rate of fifty-eight percent (58%) assessed on 

(e all federal grants. Also, DEQ is assigned 6.33 FTE attorneys and one paralegal through 

Idaho's Office of Attorney General for all programs. The RCRA program is allocated 

approximately 1.5 FTE attorneys. -, 

3
 
Idaho Revised Authorization Application 

Page 

September, 

4 

1996 c:

H. Operational Procedures [40 CFR §§ 271.6 (c)) 

1. Scope of Regulated Community [40 CFR §§ 271.6 (g)&(h)] 

The estimated number of hazardous waste or used oil handlers in Idaho is 

delineated in Appendix VITI. These numbers are based on receipt ofhazardous 

waste or used oil notification forms by EPA or DEQ through accessing the 

RCRA Informational System (RCRIS). -Regulated Used Oil generators are not 

required to notify for generator activities; an estimation ofthis group is also 

provided in the appendix. The actual number ofhandlers, which correspond to 

the categories listed, will remain variable due to changes in production 

practices. 

The treatment, storage, or disposal facility (TSD) category is used by those 

hazardous waste handlers whose activities require a RCRA permit. The Idaho 

National Engineering Laboratory (INEL) is considered a single facility. It is 

anticipated that approximately 25 partial permits will be issued within the next 

six years to address activities at the INEL, including mixed waste thermal 

treatment and other specialized waste treatment. These partial permits are 

reflected in the RCRIS system as a singular effort. Evaluation ofIdaho's C 

regulated community must include factoring in the complexity ofthe INEL. -

The Permitting Six Quarter Plan better illustrates projects underway at the INEL 

(Appendix XV). 

Appendix VITI also contains information regarding quantities ofhazardous 

waste managed within the State ofIdaho for the calendar year 1995. This 

information was obtained from the 1995 Hazardous Waste Annual Report which 

is also included in Appendix VITI. 

2. Hazardous Waste Handler 

Hazardous Waste Handler procedures are now referenced in the RCRIS 

Memorandum ofUnderstanding (1991) (MOD) and the RCRIS Standard 

Operating Procedures (SOPs). Appendix IX contains RCRIS SOPs updated 

. _"sincesubmission ofthe lastrevision package. TIleR-cros MOUhas been 

amended, and an attachment is included under Appendix IX. 

3. Manifesting [40 CFR §§ 271.6 (I)] 

There are no changes to this portion ofthe program. 

(~~----.. 

4 
• 

Idaho Revised Authorization Application 

September, 1996 

Page 5 

4. Inspections [40 CFR §§ 271.6 (d)] 

Most changes in the inspection process can be found in the applicable 

appendices when the HWMA Civil Penalty Policy, CompliancelEnforcement 

Strategy, Compliance Assurance Agreement, and other documents are updated. 

RCRA inspection results are detailed in the required inspection reports. The 

inspection report is derived from the inspectors facility visit, supplemented with 

field notes. The inspection reports are filed in each facility's file. Changes to 

inspection protocol may also include upgrading forms and inspection checklists. 

Ifthese forms are internal (State) documents, upgrades are provided in 

Appendix X. Federal form upgrades are incorporated into the State RCRA 

program. Forms and checklists that are EPA generated or site-specific are not 

included in authorization revision packages. A list ofEPA and site-specific 

checklists provided to inspectors is identified in Appendix X. 

Idaho's Hazardous Waste Inspectors have begun a pilot program to provide 

Compliance Assurance/Technical Assistance (CATA) inspections to generators 

on a voluntary basis. Details regarding this program can be found in the 1996 

Workplan. 

:.• 5. Hazardous Waste Transportation Authorities 

There are no changes to this part ofthe program. 

6. Enforcement Program Summary 

The 1987 EPA Enforcement Response Policy and the HWMA Civil Penalty 

Policy have provided the basis for the Enforcement Program. Idaho is also 

adopting the 1996 Revisions to the EPA Enforcement Response Policy. The 

HWMA Civil Penalty Policy is scheduled to be reviewed this year; 

incorporation into a multi-media enforcement policy is planned. Operational 

procedures for the enforcement program are found in the appendices under: 

Compliance and Enforcement Strategy, Compliance Assurance Agreement, and 

the Memorandum ofAgreement. These appendices are numbered XI, XII, XIII 

respectively. These have not been updated since the last revision package. 

7. Criminal Enforcement Procedures 

There have been no changes to this portion of the program. 

5 
Idaho Revised Authorization Application 

September, '" 

Page 6 

1996 C.:

8. ' Waste Stream Delisting 

Idaho received its first petition to delist a hazardous waste from EnviroSafe 

Services ofldaho, Inc. (ESII) on July 18, 1995. The final rule was made 

effective March 17, 1996 after review by the Idaho Legislature. Chemically 

stabilized electric arc furnace dust was delisted. ESITs parent company, 

EnviroSource, has extensive experience utilizing their patented treatment 

process. EPA granted a multiple site exclusion for thirteen EnviroSource 

facilities throughout the country that will utilize'the treatment process. EPA 

could not grant a delisting for ESII because Idaho is authorized to implement 

delisting. The delisting rule increased the text ofldaho's Hazardous Waste 

Rules and Standards by fifty-percent (50%). ' 

9. Information Management [40 CFR §§ 271.6 (e)] 

a. Public and Confidential Information 

There have been no changes to this portion ofthe program. 

b. Biennial Report o 

Idaho's DEQ has performed all data entry and QNQC work for both the 

1993 and 1995 BRS cycles. Idaho's DEQ intends to continue these 

activities. 

c, RCRIS Reporting 

In January 1991, EPA and DEQ entered into a Memorandum of 

Understanding (MOD), as amended in December 1991, to provide for 

administration ofRCRIS. In particular, the MOD details (1) the 

conversion of data from the Hazardous Waste Data Management System 

(HWDMS) to RCRIS, (2) information sharing procedures, (3) 

implementor of record policies, (4) dispute resolution procedures, and 

(5) general RCRIS management issues. The MOU was amendedin 1995 

, withthe addiiioiiofAttachmentzas provided In Appendix IX. The 

MOU was updated to reflect our information sharing agreement and 

Idaho's new responsibility to assign RCRA ID Numbers. RCRIS SOPs 

have been updated since the last revision package was submitted. The 

updated SOPs can also be found in Appendix IX. 

6
 
'. Idaho Revised Authorization Application
 

September, 1996
 

'Page 7 

d. ,Annual Reporting System 

As a result of an amendment during the 1996 legislative session, Section 

39-4411 ofHWMA now requires all hazardous waste generators and 

disposal facilities to report quantities of hazardous waste produced or 

received on an annual basis. HWMA then requires the Idaho 

Department ofHealth and Welfare, through DEQ, to submit an annual 

report to the Governor and the Legislature detailing the types and 

quantities ofhazardous wastes handled in Idaho. In the past, generator 

and TSD reporting was required quarterly. The 1996 Idaho Legislature 

revised this requirement to reduce the paperwork burden. 

10.	 Permitting Program 

a. Permit Application ReviewlDecision-Making 

Permitting activities are projected in a Six Quarter Plan. Arrangements 

between Idaho and the EPA., regarding implementation ofboth HSWA 

and non-HSWA regulations, are addressed in aMemorandum of 

Agreement (Appendix XV). 

b.	 Permit Modification, Suspension, Revocation, Reissuance, and 

Termination 

Permit modification procedures remain consistent with the requirements 

of40 CFR § 124 and § 270 as updated. IDAPA 16.01.05.013 and 

16.01.05.012 are amended annually to reference changes made to 40 

CFR § 124 and § 270. 

c. Six Quarter Plan [40 CFR §§ 271.6 (g)(3)] 

The Multi-Year Permitting Strategy has been integrated into the Six 

Quarter Plan attached as Appendix XV. The Six Quarter Plan includes' 

all facilities under-going the permit process and permit status 

information. 

L Implementation of HSWA Amendments '

Two rules in RCRA Clusters IV and V have been found to have a significant impact on 

Idaho's regulated community or the State RCRA program. Workload increases to the 

State RCRA program are balanced and prioritized against existing tasks in the RCRA 

WorkPlan and are negotiated annually. Impacts are described below: 

7 
Idaho Revised Authorization Application 

September, 1996 

Page 8 c· 

1. 59 FR 47982 Land Disposal Restrictions Phase IT - Universal Treatment 

Standards, and Treatment Standards for Organic Toxicity Characteristic 

Wastes and Newly Listed Wastes RULE CODE: 137 

The Universal Treatment Standards (UTS) has simplified LDR for the' 

regulated community. Workload increase has been experienced while staff 

gained knowledge on this new rule. Most of our RCRA staff participated in 

a McCoy LDR satellite training offered through Oregon's DEQ. As staff 

become familiar with the new rule, workload should stabilize. 

2. 60 FR 25492 Universal Waste Rule Hazardous Waste Management System; 

Modification of the Hazardous Waste Recycling Regulatory Program 

RULE CODES: 142 A-E 

The Universal Waste Rule (UWR) required additional training, and may 

require significant additional work in the future. This rule contains a 

petitioning for rulemaking process. Rulemakings are resource intensive; 

the increased workload will depend on the amount of petitions the 

Department receives. Additionally, the regulated community has already 

requested and received several training sessions from DEQ staff. 0 

J. Radioactive Mixed Waste 

Permits and Enforcement's Operating Permits Bureau (OPB) implements Idaho's Site 

Treatment Plan in accordance with the Federal Facilities Compliance Act. OPB 

approves 'and revises mixed waste stream and treatment unit plans. 

K. Underground Injection Control 

There have been no changes to this portion ofthe program. 

! -~._.

Q..
 8
 
(
 

ADDENDUM TO THE 1996 PROGRAM DESCRIPTION
 

BACKGROUND teL 

On September 17, 1996, the Administrator ofthe Idaho Division ofEnvironmental Quality submitted a 

revised application to obtain final authorization for those non-HSWA and HSWA requirements 

promulgated as ofJuly 1, 1995. This application was determined complete on October 10, 1996. On 

October II, 1996 a petition was submitted to EPA asking that EPA initiate withdrawal proceedings of 

Idaho's authorization to administer Subtitle C ofRCRA The petition claimed that Idaho Environmental 

Audit Protection Act warranted program withdrawal. Although no formal action was taken directly in 

response to the petition, Region X halted all further action on the pending revised authorization . 

approval. Idaho's Environmental Audit Protection Act will sunset December 31, 1997. Region X has 

agreed to proceed with Idaho's 1996 application so that full authorization for non-HSWA and HSWA 

requirements, promulgated as ofJuly I, 1995, may be granted immediately upon sunset ofthe Idaho 

Environmental AuditProtection Act. In an effort to mitigate the delay, Region X will accept Cluster VI 

rules as an addendum to the 1996 package. 

n,	 SCOPE, STRUCTURE, COVERAGE, AND PROCESSES OF THE IDAHO PROGRAM 

[40 CFR § 2~1.6 (a)] 

Idaho intends to continue to operate a hazardous waste program that is consistent with the federal 

program. Accordingly, the Hazardous Waste Rules and Standards were amended (Appendix TI). 

Annually, the Idaho Board ofHealth and Welfare has adopted by reference all delegable federal 

requirements so the Idaho Hazardous Waste Rules and Standards, IDAPA 16, Title I, Chapter 5, remain 

e

/ consistent with RCRA These documents and the Revised Attorney General's Statement (Appendix IV) 

support coverage for all delegable RCRA requirements itemized in Appendix V, Reference Guide to 

Cluster Adoption. 

The scope ofthis program revision includes the requirements ofRCRA Clusters N, V, and VI 

(Appendix V Reference Guide to Cluster Adoption). This partial Program Description and appendices 

serve as an addendum to the 1996 application. 

A.	 State Regulatory Equivalency 

Idaho has maintained regulatory equivalency with the federal RCRA program by 

incorporating by reference all delegable hazardous waste regulations revised between 

July I, 1993 and July 1, 1996. There is one exception to Idaho's traditional adoption by 

reference of all delegable hazardous waste regulations in RCRA Clusters V and VI. An 

EPA Headquarters memorandum, dated January 26, 1996, recommended .States defer 

adoption ofthe Organic Air Emission Standards for Tanks, Surface Impoundments, and 

Containers (59FR-62896)-until revisions are made. Idaho has followed this 

recommendation. Appendix II contains the Idaho Hazardous Waste Rules and Standards 

which include RCRA Clusters N, V, and VI. The Revised Attorney General's Statement 

(Appendix IV) contains a comparison ofEPA's 40 CFR citations and Idaho's equivalent 

state rules. Also included in the Attorney General's Statement are the Idaho Hazardous 

Waste Management Act authorities and corresponding rules. 

•

Section J.II.B-J.II.H. - Reserved 

1 

Addendum to the 1996Program Description 

October 1997 
(	 ( 

L Implementation ofHSWA Amendments,

( Three rules in RCRA Cluster VI have been found to have a significant impact on Idaho's (--~.

regulated community or the state RCRA program. Workload increases to the state RCRA~/

, program are balanced and prioritized against existing tasks in the RCRA Work Plan and, ' 

are negotiated annually. Impacts are described below: 

1.	 60 FR 63417 RCRA Expanded Public Participation Rule RULE CODE: 148 

This new regulation will provide the public with earlier opportunities to 

participate in the permitting process. The Expanded Public Participation Rule, 

will require both the applicant and the State Agency to perform several new steps 

to initiate the permitting process. DEQ permitting staff have undergone internal 

training to prepare for implementation ofthis rule. Staff at the INEEL were also 

provided training due to the large number of partial permits that are expected to 

be submitted by that facility. This rule also requires the applicants and regulating 

agency to expend additional funds to comply with the public notice, informational 

meeting, and mailing list notification requirements. 

2.	 61 FR 15566 Land Disposal Restrictions Phase ill - Decharacterized Wastewaters, 

Carbamate Wastes, and Spent Potliners RULE CODE: 151 

This rule clarifies that waste waters that are subject to regulation under the Clean 

Water Act would not be subject to Land Disposal Restrictions standards provided 

the hazardous constituents are addressed under the Clean Water Act regulations. 

( Although there have not been many inquiries received, this clarifying language C.


has been determined to be very important to generators that discharge wastewaters~

to Clean Water Act systems. . 

This rule also codified EPA's enforcement policy on the use of combustion as 

treatment ofinorganic metal-bearing wastes. Several'combustion projects are 

underway at the INEEL. Staffwill implement this new rule when reviewing 

waste analysis and characterization information associated with wastes that are 

destined for combustion. 

3.	 51 FR 40572 and 53 FR 31138 Land Disposal Restrictions for the First Third 

Scheduled Wastes 

On April 29, 1996 (61 FR 18828), EPA published the decision that states may 

seek delegation for this section, "Variance from a Treatment Standard." This 

portion ofthe Land Disposal Restrictions may be implemented for various mixed 

raaio-active'hazaraouswciStestreamsat llie--INEEI: Approvirig'or-dis'approving-' -­

waste-specific variances may be time consuming for agency staff. Historically, 

Idaho has omitted 40 CFR part 268.44 from its rules. This section has now been 

incorporated into Idaho's Hazardous Waste Rules and Standards. . 

Sections l.II.J.-l.II.K. Reserved 

2
 

Addendum to the }996 Program Description
 

October 1997
 

----- -1 
Department of 1 tel Quality

Administr. .vices

Environmental Trainee

Bret BerryM

Management Assistant

Rosin Alonzo(4648)

DEQ Direcor

Steve Allred(5600)

Assignment to GEMStars

Helen Rime )5769)

DEQ Quality Director

Don Bledsoe (56991

Chief of Staff

Jan Sandoval (51991

Staff Resource Officer

JessByrn(57571

Safety Desk Officer

Jim Hollenbeck (P/Pl

Safety Desk Officer

Rov Guerrero (P/1)

Administrative Assistant B

Debra Cline (4598)

Fiscal Officer

Dewy Sande (11371

Human Resource Officer

Kathy Os¢om (2751)

Chief Information Officer

Phil Banly (3616)

Management Analyst

Jason 3edrv (40251

Gov Relations Specialist

Todd Mootcomcrv (40141

Admire Assistant 1

Carol W ocgon (2753)

L

IT Resource

Tenn Leader

DoueJas Fowler(4690) Aron Krone (12291

IT Network Analyst

Nicholas Powers (45911

IT Network Analyst

Sandy Nave (1209)

TI Systems Inurg. Analyst

Bob Mowrey (40211

IT Systems int. Analyst

Mark Gross (45901

IT Support Technician

BobMcCracken (T)

Office Specialist II - PIT

Chris Roberts ( 55421

Office Specialist B

Marie Jolley (2769)

Administrative Assistant I

Jean Francis (5327)

Tech. Records Specialist 1

Delores Gaskell (40681

Budget/Finance

Financial Specialist Sr.

Brenda Malone (27601

Budget/Finance

Financial Specialist Sr.

Bill Hart (28771

Budget/Finance

Financial Specialist Sr.

VACANT (33891

Budget/Finance

Financial Specialist Sr.

Claudia Clark (0703)

Budget/Finance

Financial Specialist Sr.

Ryan Butler (46741

Budget/Finance

Office Specialist I

VACANT (9051)

Budget/Finance

Financial Tech.

VACANT

Accounting

Financial Technician

Michele Carstengen (18671

Accounting

Financial Support Tech

Marcia Todd 1191 11

Accounting

Financial Support Tech

Sue Zumwalt (13041

Purchasing

Senior Buyer

Bch Perkins {27301

Grants Management

Grants/Contracts Officer

Ken Grimmer' (4393)

Grants Management

Grants/Contracts Officer

Tine KJarmt (20371

Organizational Development

Team

Team Lead, HR Specialist, Sr

Workforce Development

Doug McRoberts (1215)

HR Specialist, Sr

Classification & Recruitment

Nancy Ouirk (12161

HR Specialist {

Training & Development

Chris Davenport (5320)

IIR Assistant/Records

HRIS/Remrds

Jeff Kmfanta (T)

Admin. Assistant I

Paula Kiehl {34121

Customer Relations

Team

Team lead, HR Specialist, Sr,

Employment & Labor Law

Dionne Doering (1214)

HR Specialist

,-JI Compensation & BeneEr

Paul BI as (19(19)

I

Tech_ Records Specialist

EIS Specialist

Sharon Hewlett(4248)

iCoordination with Fiscal Office

Facilities Management

Team Leader

Rick FQrd (4595)

IT Systems Technician

ReNne Hardy (1906)

Environmental Trainee - P/I

Derrik Woodbury {71

Environm null Trainee - PIT

Pita Berman IT)

Environmental Trainee - PIT

Kyle Bclnap (T)

Environmental Trainee - P/I

VACANT M

Ted. Records Specialist I

VACANT (4957)

Grants Management

Env. Program Analyst

Mary Grandiean (1820)

Grants Management

Env. Policy Analyst

Kirby Famer (3009)

1-

J Env. Education Coordinator

Patti Best (40191

Receptionist - P/T

Deena CraskellM

Web Information Specialist

Laura Loftus (2764)

Small Business Advocate

Sally Tarowsky (4593)

Customer Service Rep.

Janet Trumbull (22001

IT Support Technician

Amon Burnett M

IT Support Technician

Brian Prisock (T-Traina)

Working Titles 04/26/01
o i rbz 

_ 

1 fA IIIi Ou..,. .......
 

....

........ 

-.... Ew.~ I 

lcloho f .... Ro:P-I 0fiI01 

.ra ": ' 

l' ._ 

fNW..o.• .•" ......._
 

rd' 

: s,ecIoi_~DMoi.-I I I 
• • Depmmnentof~'nmenmIQuwi~ StateAir.~ Division 

StateAir Quality
 

Division Administrator
 - Katherine Kelly(5776) 

PlannerAssigned to State 

Planning& SpecialProjects -----H Administrative AssistantII 

phyllis Heitman (597) 

Division - Temp.Assign. 

, 

Alison Miller(2755) ---1 Administrative AssistantI 

Johnna Stewart(1712) I 

! ---1 Administrative AssistantI 

Marilyn Seymore (1929) I ; I I 

I AQ Program Manager 

Robert Wilkosz (5771 ) I AQ Enforcement & Compliance 

. Program Manager 

Air Quality Permit 

Program Manager 

I, Dave Pisarski (3408) Marjorie MartzEmerson (5775) 

Air Quality Analyst lAir Quality Monitoring & I I 

SmokeManagement I--- Emissions Manager Regional Enforcement Permitto ConstructManager 

DianeRiley (5774) VACANT Coordinator Mike Simon (1961) 

Tim Trumbull (1872) 

Air QualityAnalyst I----- Air Quality Analyst I 

Trans/Conformity I--- Monitoring Guidance Compliance Analyst 

Mike Edwards(1815) Bruce Louks(4018) VACANT (1880) , 

Air QualityAnalyst ---;- Air Toxics 

RuleslProgram Analyst { "--- Program Analyst 

Gary Reinbold(2283) Tim Teater(2564) 

Working Titles 04/26/01
.-=' 

Department of Em(~ )1ta1 Quality 

StaleWasteManagement ~mediation Division 

Division Administrator 

OrvilleGreen (4246) 

I Office Specialist II 

I , Melissa Purcell (5020) 

---1 OfficeSpecialist 

Amber BiaelowIT) 

I 

MineWaste 

Program Manager 

RobHanson (3031 ) 

I I . 

Hazardous Waste 

Assigned to StatePlanning 

WasteProgram Planner 

Program Manager 

& Special Pro~ects Division BrianMonson (3952) 

DaveLuft (5205) 

Hazardous WasteRegulation 

& Policy Coordinator I--

JohnBrueck (4431)
 

Hazardous Waste
 

Enforcement Coordinator
 I--

MikeGrezorv (4646)
 

Hazardous Waste
 

PermitCoordinator
 ....--

BobBullock (4430)
 

Hazardous Waste
 

Analyst
 - ReneAnderson (4064) 

I 

Administrative Assistant I 

TeriGreserv(\921l 

I 

SiteRemediation
 

Program Manager
 

Dean Nvzard (4515)
 

I 

INEEL Remediation
 

Coordinator
 

Darvl Koch (4846)
 

I 

Remediation 

Program Manager 

:JoeNlIl!el (4594) 

MineProject USTILUST Program 

Coordinator - Coordinator 

BruceSchuld(5680) RickJarvis(3788) 

I--

On SiteCoordinator 

Kellogg 

ScottPeterson (4043) 

I -

I--

On SiteCoordinator 

Kellog 

JanOlsenMatranl!a rn I -

SolidWasteProgram
 

Coordinator
 

Dean Ehlert(4592)
 

Emergency & Disaster
 

Management Coordinator
 

DaveGeoraiades (T)
 

- On SiteCoordinator 

Kellog 

NickZilka(2732) 

'--

USTILUST Program 

Analyst 

HeatherTimothv (\ 42J) ; 

'---

Receptionist 

Kellog 

LoriHallerCTl 

Working Titles 04126/01 
• • Department 0emental Quality 

State Wa ity Division 

Planner Assigned to State
 

Planning & Special Projects
 

Division
 

Nate Fisher (2748)
 

WQ Planner Assigned to State
 

Planning & Special Projects
 

Division
 

DaveHovland(J 838)
 

Working Titles 04/26/01 
---------

---------

---------

o
 Department of EnOnental Quality
 o 

State Planningand SpecIal ProjectsDivision 

I
 

Environmental Planner
 

Senior
 

Liisa Itkonen(3750)
 

I .Environmental Program
 

Planner
 

Pam Smolczynski (2756)
 

I
 .Environmental Program
 

Planner
 

Julia Achabal (1859)
 

State Planningand Special
 

Projects Administrator
 

Larry Koenig(3440)
 

Administrative AssistantII 

f---

Linda Clark (5593) 

Office SpecialistII f---

ElisabethJenkins (5642) 

Environmental Planner
 

WastePrograms
 

Assigned
 Da 

State Air 

Air Programs 

Environmental Planner 

Division - Temp. Assign. 

Assigned Alison Miller 2755 

Environmental Planner 

Surface WaterPrograms ---------. 

Assigned Nat 

Environmental Planner
 

Groundwater Programs
 

. Assigned
 Dave 

WorkingTitles 04/26/01 
• • Department of .nmental Quality
 

State Technic rvices Division
 

I 

Life Sciences
 

Discipline Lead
 

BarrvBurnell(5422)
 

I 

I 

I 

StateTechnical Services
 

DivisionAdministrator
 

Bill Gale(J 926) 

H Administrative Assistant II 

Helene Wolfzram (4958) 

I 

Administrative Assistant I 

.JoleneCarroll(4931) 

I 

OfficeSpecialist I 

Phil Ferauson(1759) 

I 

Administrative Assistant I 

LindaSmith(5607) 

I 

OfficeSpecialist II 

SherrvThomas (3413) 

I 

OfficeSpecialist II 

SherrvDavis(922) 

I 

Administrative Assistant I 

BelindaMcFarland (1207) 

I 

ProcessEngineering 

Discipline Lead 

Dan Salaado(5770) 

I 

Environmental Resources 

Discipline Lead 

John Lawson (5660) 

AttorneyGeneral I i I
 I 

I 

I I I 

Enforcement Support
 

DisciplineLead
 

Barrv Burnell Actlna (4307)
 

Geosciences CivillEnvironmental Engineering Data/GIS Applications 

DisciplineLead Discipline Lead DisciplineLead 

Gerrv Winter(1849). Paul Wakazawa(2111 ) Will Wall (3421) 

Working Titles 04/26/01 
I \ · Department of E~' "rental Quality 

State Technicai"-.../l:es Division '0 

StateTechnical Services
 

Division Administrator
 

BillGale
 

I 

ProcessEngineering
 

Discipline Lead
 

Dan Salgado
 

I
 Associate Engineer I I StafTEngineer


KenHanna(5538) I I ShawneeCben (5539)

I
 AirQualityPermitWriter I
 I 

HarbiElshafei (3409) I I 

I
 AirQualityPermitWriter I
 I 

Tom Anderson (3414) I I 

I
 Associate Engineer I
 I 

SteveOale (1920) I I 

I
 Meteorologist I
 I 

MarvAnderson (341 n I , I MichaelDubois(4596) 

I
 StafTEngineer I
 I 

DanPitman(4960) I 

I Biologist 

DoU2 Abderhalden (1923) 

I Entomologist 

BillClark(4645) 

I Toxicologist 

I
 

JefTFromm (1172)
 

Biologist
 

MarkShumar(4800) 

LifeSciences
 

Discipline Lead
 

BarrvBurnell
 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I I
 

Fisheries Biologist
 

DonZaroban(542))
 

Limnologist
 

VACANT (5323)
 

Environmental Analyst
 

DinahReanev (1913)
 

Scientist n
 

Darcy Sharp (4245)
 

I 

Associate Engineer 

DarrinMehr(3020) I 

Associate Engineer 

VACANT (1884) I 

Meteorologist 

YaviDona (4959) I 

Air QualityAnalyst I 

Air QualityAnalyst 

I VACANT (}l96) I 

Working Titles 04/26/01 
• • Department o.nmental Quality
 

State Techni rvlces Division
 

StateTechnical Services
 

DivisionAdministrator
 

BillGale
 

I 

I 

I 

I 

AttorneyGeneral I , I I 

I 

I 

I 

I 

Enforcement Support
 

DisciplineLead
 

VACANT - BarrvBumel1 Acting
 

I Environmental Compliance Analyd I Environmental ComplianceAnalYS1 

JR Fuentes(S772) I I BeckvGoehrina (4962) 

I HW ScienceOfficer 

BrianGaber(4291) I 

HW ScienceOfficer I 

I Matt Garringer (3830) I 

I HW ScienceOfficer 

Col1een Sweenev(S22l) I 

Environmental Compliance Analyd 

I NatalieMcLeod(4490) I 

I AnalystII 

EileenLoerch(5S00) I I Curtis Stoehr('11 

Remediation ProjectOfficer I I 

Environmental Resources
 

DisciplineLead
 

John Lawson
 

HW PermitOfficer I I HW PermitOfficer 

BrianEmdish(4864) I I Beth McPherson (S497) 

HW PermitOfficer I I HW PermitOfficer 

PeteJohansen(1914) I I Garv Adamson(4489) 

Environmental Technician I I Technical Writer 

ScottPitzer11 839) I I Amv Luft(SS6S) 

Environmental Scientist 

Ted Livieratos(J 149) 

WorkingTitles 04/26/01
Department of E,(~nental Quality o State Technieal"--"'ees Division o
 

StateTechnical Services
 

Division Administrator
 

Bill Gale
 

I
 

Geosciences
 

Discipline Lead
 

GerrvWinter
 

Environmental Hydrogeologist
 I MarkJeffers(\874)
 

Environmental Hydrogeologist I

I

I

I

I 

I

I

I

I

I

I

I

I

I

I

I 

I

I

I

I

I

I

I

1-

I 

I 

Associate Engineer I , I AssociateEngineer 

AllanJohnson(\834) I I CaroleZundel (3021) 

Staff Engineer I I EngineerTech. I 

Larrv Waters(5678) I I Dick Rogers (4017) 

AssociateEngineer I ·1 EngineerIn Training 

BiIIRogers (\ 840) I I Zach K1otovich (410) 

Environmental Scientist I I AssociateEngineer 

MarkClouah (1145) I I VivienHall(3672) 

I 

Environmental Hydrogeologist 

TomNeace(229)) 

Environmental Hydrogeologist 

Bruce Wicherski (1568) RobertTavlor(5608) I

I Geoscientist U WQ Program Specialist 

AaronScheff(5726) ToddM82uire-(l154) 

I 

I 

Environmental Hydrogeologist Environmental Hydrogeologist 

Joe Baldwin(4187) . ToniaMitchell (4022) I 

I Environmental Hydrogeologist SeniorWaterQualityAnalyst EngineerIn Training 

ClvdeCodv (4928) MikeCook(4184) Eric Antrim(2289) I 

I Environmental Scientist Environmental Hydrogeologist 

MeraieEnalish(\ 153) DoUIl Davidson (4586) 

I WQScienceOfficer 

Jerry West(5634) 

CivilJEnvironmental Engineering
 

Discipline Lead
 

Paul Wak82awa
 

WorkingTitles 04/26/01 
• • Department of.onmental Quality
 

State Technical Services Division
 

State Technical Services
 

Division Administrator
 

Bill Gale
 

Data/GIS Applications
 

Discipline Lead
 , . Will Wall 

!

I 

Project Controls Lead Project Controls Specialist 

AlmerCasile (1833) Angela Fisher (1743) 

GIS Analyst, Senior Data Entry Specialist 

Jim Szpara (3007) Dottie Martin (3004) 

Data Entry Specialist AIRS Database Coordinator 

Brenda Valverde (5595) Pat Rayne (5362) 

GIS Analyst AQ Monitoring Analyst 

VACANT (2735) Mary Walsh (4632) 

; 

: GIS Analyst GIS Specialist , 

William Kelley (1843) Sean Coyle (T) ! 

GIS Specialist 

Gerry Smith (1210) 

IT Programmer Analyst 

Richard Lee (T) 

Working Titles 04/26/01 
'-

IIc
 

r
 

Regional Manager
 

Engineering
 

Grell Eaaer(2750)
 

StaffEngineer
 

William Teuscher (2765)
 

WaterQuality
 

Engineer
 

Rvan Urbanec (1764)
 

WaterQuality
 

Engineer
 

CarlinFeisthamel (2742)
 

DrinkingWaterQuality
 

Analyst
 

Rochelle Mason(222)
 

SourceWater 

...... Assessment Analyst 

TonvTinoco(T) 

III­

"­

"-

Department of .Env( lental Quality
 

Idaho Falls Re~.aal Office
 

Regional Administrator I Jim Johnston (953) I
 

Administration Assistant I 

Tammy Gallion (1314) ; 

H OfficeSpecialist II 

DiannaWinkled5661l , 

HOfficeSpecialist I - PT 

Lisa Cawlev (T) 

y OfficeSpecialist I - PT ; 

, 

VACANT(T) ! 

I 

Regional Manager
 

WaterQuality
 

Trov Saffle(5592)
 

WaterQuality Monitoring
 

Program Officer
 

SteveRobinson (5344)
 

Surface Water
 

Program Officer
 

Sheryl Hill(2744)
 

Surface Water 

Program Officer 

Tom Herron (2745) 

Blackbird Mine 

Program Officer 

EltonModroo (431) 

BURPCrew 

Working Titles 

I 

Regional Manager
 

Remediation & Waste
 

BarbaraJewell(2749)
 

Remediation 

roo- Science Officer 

MelissaThompson (5653) 

"-

Remediation 

Science Officer 

SteveHeaton (4026) 

, I 

Regional Manager 

lNEELCoordinator & 

i Air Quality 

Rensav Owen(3026) 

Air Quality 

'- Analyst 

Jorze Garcia(1841) 

LAir Quality 

Analyst 

AaronSwift(2271) 

i 

04126/01 
• • Department .onmental Quality
 

Pocate onal()ftr.ce
 

AQ Monitoring 

Coordinator 

Tom Edwards(2255) 

SIP/Airshed 

Coordinator 

MelissaKeller(1848) 

InpectionlCompliance 

Coordinator 

Rick Elkins(3780) 

Regional Administrative 

Administrator Assistant 

MarkDietrich (2683) NikkiCarrenter(J 952) 

Administrative Administrative 

Support Support 

Jean Robinson m Tai Koehlerrn 

I I 

AirQuality Administrative WastelRemediation Engineering Administrative
 

Manager I-- Support
 I-- Manager Manager I-- Support I-­

TiffanvFlovd(5183) JaniceWinward (5695) DoUIl.Tanner(4247) JohnKirknatrick (5671) StenhenieLords(5721) 

I I 

Drinking Water 

Coordinator 

USTILUST 

Coordinator 

GrellMlandenka (4657) BarbamJones(0346) 

WaterQuality 

Manager 

Lvnn Van Everv(2754) 

NPSCoordinatorlWater 

QualityProject()tTicer 

Dave Hull(088) 

I T I 

Hazardous WasteInpectorl Drinking WaterlWastewater TMDLlWatershed

: Analyst 

BovdRoberts (5510) 

Emergency Response Coord. Engineer

ChuckKetterman (010) Mike Rowe(2737) 

I T I 

WaterQuality 

Coordinator 

Selenium SourceWaterAssessment

Technician 

JessiBrunson[T] . Coordinator 

Richard Clesa (5502) SeanScott(2758) 

I T

Wastewater Land
 

Application Coordinator
 

TomHepworth (3303)
 

T 

HydrogeologistlSolid
 

WasteCoordinator
 

TomMullican (1816)
 

I 

SourceWater
 

Analyst
 

Michelle Bvrd(T)
 

MultimedialSpecial I
 

Project Teams 

PermitIMonitoring
 

Coordinator
 

LarrvSims(1882)
 

I 

Monitoring
 

Technician
 

KatvKoehler(T)
 

WorkingTitles 04/26/01 
o Department ofEQmental Quality o
 

Twin Falls Regional Office 

Office Specialist 2 

Andrea Cox 2757) 

Pollution Prevention,
 

Remediation & Air Quality
 

Regional Manager
 

Bill Allred 5509
 

Water Quality
 

Protection
 

Regional Manager
 

VACANT 3439
 

Drinking Water, Waste Water 

& Facility Management 

Regional Manager 

Mike McMasters 1842 

WQ Science Officer 

Sean Woodhead (1814 

AQ Science Officer 

Steve Vanzandt (2294) 

Working Titles / 04126/01
 
• • Deputment Of.mental Quality
 

Boise Office
 

Environmental Science 

Specialist 

Sell50naI . 

Environmental 

Trainee 

Seasonal 

Receptionist 

LeslieNelson 

OfficeSpecialist I 

VickiEverhart (T) 

Wor!cing Titles 04126101 
/ "\ Department of EnOental Quality u u
 

Lewiston Regional Office 

Multimedia/Special Project Teams 

Working Titles 04126/01 

I
 

I,
 
• • Department or_mental Quality 

Coeur d' Ale eglonal Office 

OfficeManagement
 

Office Manager
 

VACANT 5604
 

WorkingTitles 04126/01 
•
 

STATE OF IDAHO, DIVISION OF ENVIRONMENTAL OUALITY IDEQ) 

HAZARDOUS WASTE MANAGEMENT PROGRAM 

Goal: To maintain a federally authorized hazardous waste program capable of assuring proper. 

managementof hazardous waste to protect human health and the environment in the State ofIdaho. 

Preface: 1.	 The following workplan represents total resources expended by DEQ 

to implement and maintain a Hazardous Waste Management Program in the 

State of Idaho. (22.6 FTEs) The total budget of $1,805,036 is included. 

Sources of this funding include 22% or $393,500 from the U.S. EPA; 25% 

or $451,136 from the U.S. DOE, INEEL; and 53% or $960,400 from the 

State of Idaho, General Fund. 

• 2. The attached budget for $1,337,400 represents U.S. EPA and State funding 

to support the Hazardous Waste Program Grant, (16.6 FTEs). 

•
 
---­ ..

j\..'c r:. .;., 

STATE OF IDAHO 

DIVISION OF
 

ENVIRONMENTAL QUALITY
 

_-_._-_. _.._	 . 

1.110 North Hilton • BOIse. Idaho 83706·1255 • (208) 373..0502 

December 6, 1999 

Ms. Debbie Flood 

Grants and Acquisitions Unit 

Environmental Protection Agency 

1200	 Sixth Avenue (OMP-145) 

Seattle, WA 98101 

Dear	 Ms. Flood: 

Enclosed please find an application requesting funding for the FYOO 

Idaho Hazardous Waste Management RCRA Program. The budget and project 

periods would be from 01/01/00 to 12/31/00. 

If you have questions regarding this application, please contact Project 

Officer Brian Monson (208) 373-0490 or Grant Officer Kirby Farner 

Quality 

DS/kf 

cc:	 GC/RF
 

SS/SF #85730EOO (lcc Enclosure)
 

Kirby Farner, DEQ
 

Mark Masarik, EPA (IOO) (lcc Enclosure)
 

Brian Monson;-DEQ: (lcc Enclosure)
 

John Brueck, DEQ (lcc Enclosure)
 

L./-J" , I ,_/.4(. .r /.~

......... , 

',_. !~_ ..1.. Li.... : 

• 

at 

at(208) 373-0100 . 

•
 
--

-- -

APPLICATION FOR ;Apphc.nl Identifier 

FEDERAL ASSISTANCE i 1. TYPE OF SUBMISSION 13 DATE RECEIVED BY STATE ;State Apphcabon Identifier 

Application Preapplicahon 

I 

Ccnstrucncn : Construction 14. DATE RECEIVED BY FEDERAL AGENCY !Federalldentlfi&f 

i X Non Construction Non-Construetlon I I i 

5. APPLICANT INFORMATION I 

Legal Name: ;Organlzational Unit CMslon of Environmental Quality i 

I ! 

Idaho Dept. of Health & Welfare I I , Address (gll/e City. county. state. and zip code). :Name and telephone number of the person to be contacted on i 1410 NoM Hilton jmatters involving this application (g,...8 area code) I I 

Boise. Idaho 83726,'255 Kirby Famet. BUdget Officer (208) 373.(1100 !. 

i 

! 

6. EMPLOYER IOENTIFICATION NUMBER (EIN): 17.TYPE OF APPLICANT: (enter appropriate lelter in box) 

82-6000995 A. State I B. County 

8. TYPE OF APPLICATION: I C. Municipal 

New Continuation Revjsjon D. Township K. Indian Tribe 

X E. Interstate L Individual 

" Revision. entet appropriate letter(s) in bex(es) F. Intermunicipal 

CD G. Special Dislrict 

A. Increase Award B. Decrease Award C. Increase Duration 

D. Decrease Duration Other (specify): 9. NAME OF FEDERAL AGENCY: 

Environmental Protection A9ency 

10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TTTLE OF APPUCANrS PROJECT: 

ASSISTANCE NUMBER: 88.606 

RCRA 

TITLE: RCRA 

12. AREAS AFFECTED BY PROJECT (cities. counties. stales. etc.): 

STATEWIDE 

13. PROPOSED PROJECT: U. CONGRESSIONAl OISTRICTS OF 

Start Date Ending Date e. AgpIcll'll Ib.~ 01101/00 12/31/00 2 

15. ESTIMATED FUNDING: le. IS APPLICATION SlJBJECTTO REVIEWBY STATEEXECUTIVE ORDER lnn PROCESS? 

a. Federal S393.5OO 

e. YES THISPREAPPlICAnONIAPPUCATION WAS MADEAVAlLA8lE TOTHE 

b. Applicant SO STATEEXECUTIVE ORDERInn PROCESSFORREVIEWON 

c. State S943.9OO OATE 

d. Local S SO b. NO X PROGRAM IS NOTCOVERED BY E.O. Inn 

e. OlIIer so Is ORPROGRAM HAS NOT BEENSELECTED BY STATEFORREVIEW 

I.-Program Income • 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL 0E8T? Is -_... .._­ .... SO ,-•. _-_... ­

g. TOTAL $1,337.400 Yo. If '"'Yet,-attaenen explanation. No X 

18. To ttle best of my knowledge and :elief..all data in ttlis application are lNe and eerreet The document has been duly 

authorized bv the aovernina bodv of the aeeueanr and the acclicant will comelv with the attached assurances it the assistance is awarded 

a. Typed Name of·Authorized Representative lb. Title 

C. Stephen Allred Administrator j 

H. Independent SChool Disl' 

I. St Controlled Inst 01 HIgher Leaming 

J. Private University 

M. Profit Organization 

N. Oth.... (Specify): 

(~

Slilowide 

~-~~~.

~-~---.-_. .. . 

I , ---' ic. Telephone number I 

i (208) 373-0240 i I 0 . .. 

d. Sign~/;ryrz;~ed R2entative i

e 

,/',;1- ~~'\ fAltl-.u, cI1 <a'r~ ., ;t~/~!ed~ "'l ( 

II U I Previoul4ditions NotUsable Standard Form 424 (REV 4-88) 

__ ...__F'rescribedby..OMBCircular.A.102 ---."--- ..._ ...-

Authorized for Local Reproduction 
• • • 

OMB App,oval No_0348·0044 

- ---..__ . __ ._-------------------------------------_._-------_...._._-----_...-.-

BUDGET INFORMATION NON-CONSTRUCTION PROGRAMS 

SECTION A - BUDGET SUMMARY 

Catalog of Federal 

Domestic Assistance Estimated Unobligated Funds 

Number Federal Non-Federal 

(b) (c) (d (e)

66.606 $393,500

$0 $0 $393,500 

SECTION B - BUDGET CATEGORIES 1--' -----..-.-..~-----

GRANT PROGRAM, FUNCTION OR ACTIVITY Total

16: .~.Ej.!~! _~.!.ass Categories 1) RCRA-EPA 2) RCRA -DOE (3) (4)

$860,414 $34,500 __ .CI:.!'l:!!~_C?.!l_~eJ_~~~'_e _t-------=:~::.:....:.....:.........I-----:...:....:~:..:...+----- __-+_-'-- _
 

b. $0 $0 I 

I c. Tra~~ . ~---...:.........~-~------~~------~~...:.........---- $10,000 $0

$20,000 $0 $20,000 ', .. d. Equip,-m_en_t -------------t----.....:..::~:....:...:-1-------~_1_------_t--------I----.....:..::.:..!..::..::..:..j e. Operating $58,100 $0 $58,100 t------'---"'------------------\----....::..::...:..!....:.~I_-----....::..::._I__------_l______;i__-----1_---~:!...:..::~

I f. Contractual $0 $0 $0 I' - .-.. ---..- ...--.---------------------+-----......::.-=+------~-1---------I---'-------I------_'_J

I._g:.__Co~_struction $0 $0 $0 

h. Other I
 $0 $0
 $0 

. .j, Total Direct Charges (sum of 6a-6h) $948,514 $34,500 $0 $0 $983,014

l j. Indirect Charges $354,386 $0 $354,386 

$1,302,900 $34,500 $1,337,400 I k. TOTALS (sum of 61 and 6j) 

Authorized for Local Reproduction ~t1ndard Form 424A 14-881 

Prescribed by OMSc,rfu,ar A-102 
Q .. o
 

8. 

..._.....__._...- ---------------_.._.... " .._---- --

SECTION C NON-FEDERAL RESOURCES .... ._..' ...... _-- , 

(a) Granl Program (b) Applicant (c) State (dl Other Sources (e) Totals .. -._-_._-

$0 $943,900 $0 __.______ ._____J9_~~~9~~ ------_.. ,---_. _..__.- ------~---

, $0 ._-----_. .._---

$0 ---_._-_.. 

$0

._---

AlS (sum of lines 8-11) $0 $943,900 $0 $943,900 

SECTION D FORECASTED CASH NEEDS , 

.! --------- ; 

Total-f st Year 1st Quarter 2nd Quarter 3rd Quarter 41hQuarter 

eral $393,500 $98,375 $98,375 $98,375 $98,375 

Federal $943,900 $235,975 $235,975 $235,975 $235,975 , Al (sum of lines 13 and 14) $1,337,400 . $334,350 $334,350 $334,350 $334,350 

SECTION E - BUDG!=T ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT ------._----

_.__._- FUTURE FUNDING PERIODS (YEARS) 

.. -.. ---- ..(~.t~~ant Program (b) First (c) Second (d) Third (e) Fourth -

....... _. ------

---.-

----_.~-,-----,.. 

----

AlS~um_~fUnes 16.19) $0 $0 $0 $0 

--

SECTION F OTHER BUDGET INFORMATION 

RCRA 

I

9. i· 

I 

10. 

11. 

12. TOT 

I~ed r4. Non I

! 

,. 15. TOT 

i' 

I

!, 16. 

17. I' 

I, 18. 

I 19. 

20. TOT 

(Attach additional sheets If necessary) ...•-_._ ...._-- ..........­

21. Direct Charges: $983,014 22. Indirect Charges: $354,386 

23. Remarks: , 

._----- _._-

Authorized for local Reproduction SF424A (4-88) Page 2 

Prescribed by OMB Circular A·102 
•
 

STATE OF IDAHO. DIVISION OF ENVIRONMENTAL OUALITY (DEO) 

HAZARDOUS WASTE MANAGEMENT PROGRAM 

Goal: To maintain a federally authorized hazardous waste program capable of assuring proper 

management of hazardous waste to protect human health and the environment in the State of 

Idaho. 

Preface: 1.	 The following workplan information represents total resources expended by 

DEQ to implement and maintain a Hazardous Waste Management Program 

in the State of Idaho (22.6 FTE's). 

• 2. The attached budget represent U.S.EPA and State funding to support the 

Hazardous Waste Program Grant (16.6 FTE's). 

•
 
-- --- --- - ---

0 

T'OTAL lD.-\HO DEQ HAZARDOUS WASTE PROGR.-\.\[ 22.60 FTE TotJ.l 

• State Hazardous	 Waste ProgrJ.IT1 Office-6.50 FTE 

Objective: To maintain an authorized permitting, closure and corrective action program for new 

and existing treatment, storage and disposal facilities which satisfies federal and state hazardous
 

waste rules and standards.
 

Objective: To maintain a rulernaking , authorization. and technical data management program 

necessary to continue operation of the federally authorized hazardous waste program. 

Objective: To insure treatment and management of hazardous waste at INEEL is done in 

compliance with the RCRA Land Disposal Restrictions Program. 

Objective: To maintain a hazardous waste enforcement and compliance program as provided by 

federal and state hazardous waste rules and standards. 

StafflActivities 

State Waste Program Administrator. 0.5 FTE 

Responsible for the overall implementation of DEQ State Waste Program Office functions, 

including oversight of the DEQ Hazardous Waste Program. 

TaskslDeliverables: 

A.	 Output: Supervision of the RCRA HW Program Manager
 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01
 

B.	 Output: Participate in all DEQ Senior Management Meetings to represent State 

Waste Program concerns and issues.
 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01
 

C.	 Output: Participate in all Senior Management Meetings with EPA Region 10 

to represent DEQ Hazardous Waste Program concerns and issues.
 

Milestone: Target Dates: 4100, 7/00, 10/00, 1/01
 

D.	 Output: Interface with WGA, NGA, ASTSWMO, Industry, Environmental and
 

Citizen Groups on Regional and National Hazardous Waste Management
 

issues.
 

Milestone: Target Dates: 4100, 7100, 10/00, 1/01 

E.Ouput: Represent the State WasteProgram Office at the Idaho Legislature.
 

Milestone: Target Dates: 4/00,7/00, 10/00, 1/01
 

F.	 Output: Participate in drafting. reviewing arid approving the overall DEQ H\V 

Budget and Workplan.
 

Milestone: Target Dates: 4100, 7/00, 10/00, 1/01
 

G.	 Output: Participate in drafting. reviewing and approving the overall DEQ HW 

Strategic Plan and Planning Process for the future.

-	 - o 

Milestone: Target Dates: 4/00, 7/00. 10/00, 1/01 

2
 

c 
-Hazardous Waste Program Manager:.. 1.0 FIE 

Responsible for maintenance of primacy for the DEQ RCRA Hazardous Waste Program 

• Tasks/D~liverables:

A.	 Output: Supervision of RCRA. H\V Coordinators to ensure timely completion of 

Authorization,Rulemaking,HW Technical Data.Permitting and Enforcement 

Milestone: 

B. Output: 

Milestone: 

C. Output: 

Milestone: 

D.	 Output:· 

Milestone: 

E.	 Output: 

Milestone: ' 

F.	 Output: 

Milestone: 

•
 

G. Output:
 

Milestone:
 

H.	 Output: 

Milestone: 

1.	 Output: 

Milestones: 

J.	 Output: 

Milestones: 

Tasks 

Target Dates: 4/00,7/00, 10/00, 1/01 

Negotiate EPA/State HW Workplan 

Target Dates:8/00-12/00 

Ensure Implementation Consistency of RCRA HW Program 

'Target Dates: 4/00, 7/00, 10/00, 1/01 

Maintain Federal Facility Compliance Act/Site Treatment Plan 

Target Dates: 4/00, 7/00, 10/00, 1/01 

Prepare total DEQ	 HW Program Budget 

Target Dates: 4/00, 7/00, 10/00, 1/01 

Evaluate/Calibrate HW Permit Issuance 

Target Dates: 4/00, 7/00, 10/00, 1/01 

Oversee Consent Order DevelopmentlEnforcement Referrals 

Target Dates: 4/00, 7/00, 10/00, 1/01 

Participate In EPNDEQ Quarterly Sites MeetingslWorkplan Reviews 

Target Dates:Target Dates: 4/00. 7/00, 10/00. 1/01 

Interface with WGA, NGA and ASTSWMO on Regional and National 

Hazardous Waste Issues 

Target Dates: 4/00. 7/00, 10/00. 1/01 

Make presentations to Idaho Legislature on HW Issues 

Target Dates: 1/00-3/00 

Hazardous Waste Permit Coordinator: 1.0 FTE 

Responsible for the coordination of RCRA permitting and corrective action resources and 

.activities." 

Tasks/DeliverabIes: 

RCRA. TSDF's Permit Coordination 

• 

A. Output: Monitor and evaluate program accomplishments/priorities. 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01 
-- ------

C 

8. Output: Ensure scheduled dates fur corrective actionand r<':~i1i[[in~ acti vit ics ~-H:<

implemented into RCRlS. 

Milestone: Target Dates: 4/00, 7/00. 10/00. 1/01 

C.	 Output: 

Milestone: 

D.	 Output: 

Milestone: 

E.	 Output: 

Milestone: 

F.	 Output: 

.Milestone: 

Participate in "quarterly sites meetings," the mid-year. end of year. and 

annual program reviews. ./ 

Target Dates: 4/00, 7/00. 10/00. 1/01 

' 

Integrate multi-media approach. 

Target Dates: 4/00, 7/00, 10/00, 1/01 

Assure integration of waste minimization consideration into permitting. 

Target Dates: 4/00, 7/00, 10/00, 1/01 

Ensure permitting and corrective action data is maintained and updated in 

accordance with the RCRA MOA, the RCRlS MOU, and RCRIS SOP's. 

Target Dates: 4/00, 7/00, 10/00, 1/01 

Hazardous Waste Regulation & Policy Coordinator: ............................... 1.0 FTE
 

- Responsible for the coordination and implementation of RCRA/HWMA Authorization 

Development, Rulemaking, Regulatory Analysis, Technical Assistance, Training and Data 

Management activities and resources. 

Tasks/Deliverables: 

A.	 Output:
 

Milestone:
 

B.	 Output:
 

Milestone:
 

C.	 Output:.
 

Milestone:
 

D.	 Output:
 

Milestone:
 

E.	 Output:
 

Milestone:
 

F.	 Output:
 

Milestone:
 

G.	 Output:
 

Milestone:
 

Monitor and evaluate program accomplishments/priorities/resources. 

Target Dates: 4/00, 7/00, 10/00, 1/01 c: 

Participate in quarterly "sites" meetings, mid-year and end of year reviews
 

and the annual "EPNStates Planning" meeting.
 

Target Dates: 4/00, 7/00, 10/00, 1/01
 

Participate in the planning and preparation of the FY 01 RCRA Grant!
 

Work plan.
 

Target Dates: 6/00 - 12/00
 

Produce information necessary for the completion of the RCRA Work plan
 

Quarterly Reports.
 

Target Dates: 4/00, 7/00, 10/00, 1/01
 

Implement and participate in RCRAIHWMA Authorization, Rulernaking,
 

Regulatory Analysis, Technical Assistance, and Training activities.
 

Target Dates: 4/00, 7/00, 10/00, 1/01
 

Review, and participate in RCRAlHWMA Data J\lana2:ement activities.
 

Target Dates: 4/00, 7/00', 10/00, 1/01 -


Obtain Idaho Legislature approval of 1998/1999 RCRAIH\VMA rulernaking
 C-" 

update.
 

Target Dates: 1/00-3/00
 -----~------._-- -­ > 

4
 
I-I. Output: Obtain Board of Health and Welfare approval of 1999-2000 RCR.·\/HW~{A

rulernaking package. 

Milestone: Target Date: 11/00 

• 1. Output: Review, comment, and advise management and staff on proposed 

amendments to the Idaho Hazardous Waste Management Act. 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01 

J.	 OUrpUL Review, comment, and advise management and staff on proposed EPA 

regulations, guidance, and statutory revisions. 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01 

Hazardous Waste Enforcement Coordinator 1.00 FTE 

Coordination and oversight of RCRNHWMA Compliance Assurance and Enforcement 

Program. Coordination of all compliance inspection and enforcement activities. Track 

compliance and enforcement activities to assure timely and appropriate actions are taken 

in accordance with the Compliance Enforcement Strategy, Compliance Assurance 

Agreement, Enforcement Response Policy, and the (MOD, MOA). Develop program 

interpretations, procedures, and guidelines and implement same. Develop a Compliance 

Assistance program which incorporates technical assistance as another tool with which to 

achieve compliance. 

• 

Tasks/Deliverables:
 

- Budget and Work plan activities and planning.
 

A.	 Output: Develop budget related to compliance and enforcement activities. 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01 

B.	 Output: Assist in development of FY'Ol work plan.
 

Milestone: Target Dates: 3/00 - 9/00
 

C.	 Output: Coordinate compliance and enforcement actions with DEQ and EPA 

Offices. Develop inspection schedules on a quarterly basis and provide to 

DEQ and EPA Regional offices prior to the beginning of each quarter 

(Attachment B). 

Milestone: Target Dates: 4/00,7/00, 10/00, 1/01 

D.	 Output: Participate in DEQIEPA "Quarterly Sites" meetings, mid-year and end-of­

-year reviews and the annual "EPNStates Planning" meeting. 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01 

E.	 Output: Coordinate and oversee the development of inspection and enforcement 

work products in accordance with RCRA MOA. 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01 

• F. Output: Assure all required compliance and enforcement data is entered into RCRIS 

in accordance with the ReRA MOA, RCRIS MOU, and RCRIS SOP'S. 

Milestone: Target Dates: 4/00,7/00, 10/00, 1/01 

5
 
G.	 Output: Implement newly adopted provisions upon effective date.
 

Milestone: Target Dates: 4/00. 7/00. 10/00, 1/01
 

H.	 Output: Coordinate and oversee compliance essisunce/rechmcat assistancepilot
 

program which addresses community based protection. regional sectors.
 

and measures compliance.
 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01 

Hazardous Waste	Analyst , . . . . . . . . . . . .. 1.00 FTE
 

- As the DEQ RCRlS/BRS/Annual Report Technical Project Officer, provide critical technical 

assistance and information management for the RCR..AIHWNIA program for Idaho and the U.S. 

EPA. 

Tasks/Deliverables: 

RCRlS 

A.	 Output: Revise the RCRIS MOU to reflect changes in the operation and utilization 

of RCRIS due to transition to Oracle' from Focus.
 

Milestone: Target Date: 6/00
 

B.	 Output: Process and maintain generator, compliance and permitting information in 

RCRIS according to RCRlS Standard Operating Procedures.
 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01
 

C.	 Output: Draft RCRIS Handlers Handbook to compliment CM&E and Permitting 

and CA Handbooks to complete DEQ RCRIS Program Compendium. 

Milestone: Target Dates: 9/00 

D.	 Output: Assign EPA 1.0. numbers using Handler module of RCRIS.
 

Milestone: Tarzet Dates: 4/00, 7/00, 10/00, 1/01 .
 o '. 

E.	 Output: Insure smooth operation of the shared RCRIS database with Region 10.
 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01
 

F.	 Output: Participate in the RCRIS/BRS National Users Conference and RCRIS 

Oracle System Transfer Meeting sponsored by the EPA.
 

Milestone: Target Dates: 10/99, 6100
 

G.	 Output: Collect federal 1999 Biennial HW Reports from Idaho Large Quantity 

Generators and TSDs.
 

Milestone: Target Date: 3/00
 

H. Output:	 Review and perform QNQC on 1999 federal Biennial HW Reports. 

Submit data to EPA Region 10.
 

Milestone: Target Date: 3/00-6/00
 

Manage Idaho Annual Report System -----, ~- ------,--- ~----- ----_.-.---_._-----_._-~

6 

c 
1. Output: Provide technical assistance, collect and Q.-\/QC generator and commercial 

TSO information for the 1999 Idaho Hazardous Waste Annual report. 

Milestone: Target Date: 1/00 

• J. Output: 

Milestone: 

K.	 Output: 

Milestone: 

Prepare and compile the 1999 Hazardous Waste Annual Report to be 

delivered to the Governor, legislature, regulated community and citizens of 

Idaho in accordance with Idaho Code §39-4411 (6). 

Target Date: 3/00 

Prepare and distribute the 2000 Hazardous Waste Annual Report Forms to 

the regulated community in accordance with Idaho Code §39-4411(4). 

Target Date: 10/00 

- Outreach/Technical and Compliance Assistance 

L.	 Output; Provide information and technical assistance to other state agencies, 

businesses, general public, educationorganizations and the media regarding 

Idaho's hazardous waste program. 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01 

Office Specialist II · ···.·····.·.·······················.··.·	 i.oo FTE 

-As the Office Specialist II assigned to the State Waste Program Office, provide clerical support 

for all activities conducted through this office. 

• A. Output: 

Milestone: 

B. Output: 

Milestone: 

C. Output: 

Milestone: 

D.Output: 

Milestone: 

Design layout, format and compile high quality technical reports, letters 

and documents complete with graphs, tables and charts for the State 

Hazardous Waste Program Office. 

Target Dates: 4/00, 7/00, 10/00, 1/01 

Provide specialized, comprehensive support for the RCRIS, BRS and 

Annual Report functions of the State Hazardous Waste Program Office. 

Target Dates: 4/00, 7/00, 10/00, 1/01 

Responsible for Monthly Time and Performance Indicator Tracking and 

development and compilation of the State Hazardous Waste Program 

Monthly Report. 

Target Dates: 1/00-12/00 

Participate in development of the State Hazardous Waste Program 

Operation Manuals. 

Target Dates: 4/00, 7/00. 10/00, 1/01 

• 

State Planning & Special Projects Office-Lf'O FTE 

Staff/Activities: 

Waste Program Planner : 1.00 FTE 

7
 
Responsible for coordination of all State Waste Program Planning for incorporarion into a DEQ
 

long tarn. multi-media, environmental quality approach to protect human health and the
 

environment in Idaho for the next 25 years and beyond.
 

Tasks/Deljverables	 ~.

A. Output:	 Represent State Waste Program Planning efforts in the State Planninz and '--~

Special Projects Office. -


Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01
 

BiOurput: Complete State Waste Program related special projects as assigned.
 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01 -


State Tec hnical Services Program/Regional Office Staff-15.00 FTE 

Staff!Activities: 

Hazardous Waste Technical ServiceslRegional Permitting Staff .........................	 6.00 FIE
 

- Responsible for the successful completion of the specific tasks identified below. 

Tasks/Deliverables: 

A. Output:	 Complete the permitting and corrective action tasks as outlined in the 

attached ..6 Quarter Plan". Attachment A.
 

Milestone: Target Dates: 4/00. 7/00. 10/00. 1/01
 

B. Output:	 Provide permitting and corrective action data in accordance with. the RCRA 

MOA. the RCRIS MOV, and RCRIS SOP's.
 

Milestone: Target Dates: 4/00. 7/00, 10/00, 1/01
 

Staff Activities 

TechnicalServices Environmental Hydrogeologist : .1.00 FTE 

- Responsible for groundwater issues at hazardous waste facilities in Idaho. 

Tasks/Deliverables 

A.	 Output: Review and provide comments on groundwater monitoring reports, permit
 

applications, site characterization reports and groundwater studies. Provide
 

expertise in QNQC and sample collection activities. Perform site visits of
 

HWMAIRCRA facilities, including assisting on C~fE' sand O&NI
 

inspections when necessary.
 

Milestone: Target.Dates: 4/00, 7/00, 10/00, 1/01 .. 

Staff!Activities
 

Technical Services Hazardous Waste Program Specialist .
 . . . .1.00 FTE 

- Responsible for insuring compliance with Applicable, Relevam and Appropriate Requirements 

of the federal and state hazardous waste rules regarding Superfund activities. 

Tasks/De1iverables o ____ A~~utput: _ Revie~~nd provide comments on~~I. plan.s. fo~ Supe~nd )~.emedi~~ _ 

8 
Activities at the 10iEEL. Bunker Hill, and Mountain Horne Air Force Base 

(~[HAFB) to insure that federal and state hazardous waste rules are 

identified as Applicable or Relevant and Appropriate Requirements 

•
 

(ARAR).
 

Milestone: Target Dares: 4/00, 7iOO, 10/00, 1/01 

LDR Secricn-Idaho Falls Office-I FTE 

SrafflAcriviries: 

Environmental Scientist	 _ .. 1.00 FTE 

Tasks/Deliverables 

A.	 Output: Activities are conducted to insure that treatment and management of 

hazardous waste at the INEEL is done in compliance with the RCRALand 

Disposal Restriction Program. 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01 

StafflActivities: 

Hazardous Waste Science Officer .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.00 PTE 

IaskslDeliverables: 

A. Output: 

Milestone: 

• 

B. Output: 

Milestone: 

C. Output: 

Milestone: 

D. Output: 

Milestone: 

E. Output: 

Milestone: 

F. Output: 

Trains new and less experienced inspectors.
 

Target Dates: As necessary
 

Researches, reviews and comments on technically and regulatorily complex
 

issues.
 

Target Dates: 4/00, 7/00, 10/00, 1/01
 

Conducts compliance assurance and evaluation inspections at permitted and
 

interim status TSD facilities, generator and transporter facilities, and
 

investigates complaint .referrals, in accordance with quarterly inspection
 

schedule; finalizes inspection report.
 

Target Dates: 4/00, 7/00, 10/00, 1/01
 

Develops enforcement actions as appropriate for facilities in non­


compliance. Participates in Consent Order negotiations.
 

Target Dates: 4100, 7/00, 10100, 1/01
 

Provides all RCRIS compliance and enforcement data to the State Waste
 

Office Specialist II for data review and processing.
 

Target Dates: 4100, 7100, 10100, 1/01
 

Researches and responds to public information requests, and provide
 

regulatory interpretations to the public and regulated community.
 

• 

Develops and distributes Compliance and Technical Assistance Guidance 

Documents. Develops workshops on specific topics. 

Milestone: Target Dates: 4/00, 7100, 10/00, 1/01 

9
 
--------

G. Output: Provide emergency response assistance: initiates enforcementacuora 11 

necessary . 

Milestone: Target Dates: As necessary 

H.	 Output: Participates in training. seminars. and conferences. Assists in the 

implementation of the technical/compliance assistance inspection program. c 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01 

I. Output:	 Oversees Clean-up/Closure Activities pursuant . to Consent Order 

Agreements and RCRA Permits.
 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01
 

State Fiscal Office-.lO PTE 

Staff!Activities: 

Environmental Policy Analyst 0.10 FTE 

-Responsible for supportin drafting the federal RCRA HW GrantIWorkplan and all necessary 

State Fiscal Office and federal documents for submittal and approval of this grant. 

TaskslDeliverables 

A. Output:	 Completes federal grant application and RCRA HW Grant budget 

documents for submittal and approval by EPA.
 

Milestone: Target Dates: 8/00-12/00
 

B. Output: Coordinates Quarterly RCRA HW GrantIWorkplan/Sites Meetings and 

Reviews between EPA Region 10 and DEQ
 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01
 

C.	 Output: Assists with other ReRA HW administrative projects.
 

Milestone: Target Dates: 4/00, 7/00, 10/00, 1/01
 

.. 

L - -	 ---------~--------- --~-----I

i 
•
 

. ". 

•
 FY 2000 INSPECTION SCHEDULE
 

RCR.A.. Compliance Work Plan - 6/1/99 - 12/31/00 

Remainder of 2nd Quarter FFY 99 

June 1999 

Coeur d' Alene	 Naval Surface Warfare Center, Bayview - FF, SQG 

(ID4170062182) 

DarwinDavis, Post Falls - Technical Assistance 

(none) 

Lewiston 

Boise	 Heritage EnvironmentaV
 

Crystal Clean, Boise - Complaint
 

(none)
 

• ESII-A, Bruneau - O&M, TSD 

(IDD000773952) 

MotivePower, Boise - O&M 

(IDD980976831) 

Twin Falls 

Pocatello 

Idaho Falls 

•
 
•
 

3rd QuarterFFY 99 

July-September 

Coeur d' Alene 

Lewiston	 Blount CCI, Lewiston - O&M 

(IDD009066481) 

Boise 

Twin Falls 

Pocatello	 Brite-Sol Services, Pocatello - LQG 

(IDROOOOO0273) 

Idaho Falls	 INEEL - FF, LQG, TSD 

(lD4890008952) 

1st Quarter FFY 00 

December-March 

4th Quarter FFY 99 

October-December 0 

3-4 Re-inspections for Technical 

Assistance (Shop Sweep) 

Blount Southport, Lewiston - LQG 

(IDD984669424) 

3-4 Re-inspections for Technical 

Assistance (Shop Sweep) 

ESII-B, Grand View - TSD 

3-4 Re-inspections for Technical 

Assistance (Shop Sweep) 

3-4 Re-inspections for Technical 

Assistance (Shop Sweep) 

3-4 Re-inspections for Technical 

Assistance (Shop Sweep) 

3-4 Re-inspections for Technical 

Assistance (Shop Sweep) 0

2nd Quarter FFY 00 

April-June 

o
 -------~-~- -~- ~-~~-----

---~--
• 

3rd Quarter FFY 00 4th Quarter FFY 00 

July-September October-December 
.,
 

• 

o
 ------------ --- --~--~-- - -------~~- - ---. 
._-.. -.. - - '-". --------_. ------------------------­ • 

I 

I 

Project Period: Jan'OO tnru Dec'OO I .. I 

.Position 

Personnel I Total 

FTE I 

azardous Waste Pro ram Administrator O.SOi 

IHazardous Waste Program Manager 1.00 I 

IHazardous Waste Permit Coordinator 1.001 

IHazardous Waste Regulation & Policy Coordinator 1.001 

IHazardous Waste Enforcement Coordinator 1.00 I 

IHazardous Waste Analvst 1 001 

Salarv 

S34.320; 

562,296! 

546,883 ! 

S50,606i, 550,1281 

$339661 

IOffice Specialist II 1.001 $20,800
 

IWaste Proaram Planner 1.00 $380851
 

Hazardous Waste Permit Officer (4) 4.00 S146,348
 

Hazardous Waste Science Officer (4) 4.00 5143,437
 

IEnvironmental Hvdrooeolooist 1.00 542640
 

IEnvironmental Policv Analvst 0.10 53 536
 

TOTAL 16.60 $073,04'5 

Personnel S673,04s 

Frinoe Benefits (Q) 31% I $208,644 

Total Personnel & Frinoe I $881689 

IProiected 3% SaJarv Increase. Julv 1 I $13.225 

Total Personnel I S894 914 

II Indirect 39.6% 5354386 

III Suoolies\Ooeratina 

Rent @ $3 500 oer FTE $58100 

$10 000 

$20 000 

$88,100 

Reouired State Match (25%) I 5131,167 

Prooosed Budcet summarv
 

Reouested Federal Grant
 $393,500 

IState Contribution I $943,9001 ~Total Fundlno .... S1,337,4001 

I 

v Totals I I 

Personnel I S894914 

ISuoolies S88,100 

[lndlrect 5354,386; 

Other - I .sot

Total Budaet S1 ,337,400 ! 

I I 

IExpenses for Inspections of INEEL and MHAFB ($34,500) are captured in Personnel• 

• 
v 

•
 2000 RCRA Hazardous Waste
 

Total Program Effort
 

• 

Proiect Period: Jan '00 thru Dec '00 , 

Total 

Position 

Personnel 

FTE Salarv 

Hazardous Waste Prourarn Administrator 0.50 $34,320

Hazardous Waste Program Manager 1.00 $62296 

1.00 $46883 

Hazardous Waste Reaulation &Policy Coordinator 

Hazardous Waste Permit Coordinator 

1.00 $50606 

Hazardous Waste Enforcement Coordinator 1.00 $50128 

Hazardous Waste Analyst 1.00 $33966 

Office Specialist II 1.00 $20800 

$38085 

Hazardous Waste Permit Officer (6) 

Waste Proqrarn Planner 1.00 

6.00 $216778 

Hazardous Waste Science Officer (6) 6.00 $216154 

Environmental Hvdroaeolooist 1.00 $42640 

Environmental Scientist 1.00 $45906 

Technical services Hazardous Waste Pronrarn Specialist 1.00 $41,600 

Environmental Policy Analyst 0.10 $3,536 

TOTAL 22.60 $903,698

$903698 

Fringe Benefits 31% 

Personnel 

$280146 

Total Personnel &Fringe $1,183844 

Projected 3% Salarv Increase July 1 $17,758 

Total Personnel $1,201 602

Indirect 39.6% $475834

Supplies\Operating 

Rent $3,500 per FTE $79100 

Travel (Non-Federal Facility Inspections, Training, etc). $12,000 

Supplies $1 000 

Equipment $1 000 

Total Supplies/Operatina $93100-

IV Other 

Reimbursement for Inspections of INEEL and MHAFB $34,500 

:-:.'-" .. ::::::.:::;::::::::::::::::::::::::;::::: .... .:."'" ­ ·g¢~iWtQt1.lI:eiaorijijfl:Effdrt:¢b"5t$U:::: 

..........-.....................:.:.:.:-: :':';':';';':';';'::.'.:.;. ??\:\t?}(t? ::::::::;:::::::::::::::::::::'::}}~{: ?}}~{: U$1~Q.$·U~
 

Required State Match (25%) $131 167 

Proposed Budget Summary
 

Requested Federal Grant· ._._. - .. .'. ._- ­ . . $393,500 

State Contribution $960,400 

$451 136 

i:i::r:$MSO!:Voa6 

Totals 

Personnel $1,201,602 

Supplies &Operating $93100 

$475834 

Other $34,500 . :.

: :::}$.M~l)$t)a$:

V 
STATE OF IDAHO 

DIVISION OF
 

ENVIRONMENTAL QUALITY
 

Dirk Kempthorne. Governor 1410 North Hilton· Boise, Idaho 83706-1255 • (208) 373-0502 . 

C. Stephen Allred. Administrator 

MEMO 

To: Mark Masarik, EPA
 

John Brueck, DEQ .
 

From: Kirby 1. Farner, DEQ K'.I.J·
 

Subject: 2000 RCRA Expenditures
 

Date: May 26, 2000
 

This memorandum serves as formal documentation to the Environmental Protection 

Agency (EPA) that the Idaho Division of Environmental Quality (IDEQ) will not be 

purchasing any equipment related items costing $5,000 or more in calendar year 2000 

in its RCRA program. 

• Ifthere is a change in regard to this matter, IDEQ will submit a request to EPA for a 

work plan amendment that appropriately addresses this type of expenditure. 

•
 
f 

. II 

0 J I· 

•	 ARTMENT OF HEALTH AND WELFARE 

DIVISIONI OF EN1vIRONMENTAL QUALITY I I I r 

I 

I 

I 

~,	 J 

\tDAHO HAJAa,DOUS WASTE

:.
 . V 1,
 

PROGRAM ~MMARY
 

( .:»: ~. ' 1 

	 I (
 

I
 

State Waste Management & Remediation Program Office 

April 2000 1 

,1 

•	 I

I 

1 .' 'I--I ~,
•
 1 

IDAHODEQ
 

HAZARDOUS WASTEPROGRAM SUMMARY
 

. CHAPTER I - HAZARDOUS WASTE STATUTES, RULEMAKlNG, AND AUTHORIZATION 

1. Hazardous Waste Statutes 1
 

2. Hazardous Waste Rulemaking ; '. 1
 

3. Authorization ' " 1
 

CHAPTER II - STATE OFFICEIREGIONAL OFFICE RESPONSIBILITIES 2
 

1. Purpose ofHWMA and the Hazardous Waste Program , 2
 

2. Regional Office Responsibilities .. ; : 2
 

3. State Program Responsibilities ; : , 3
 

CHAPTER III - HAZARDOUS WASTE INSPECTioNS 4
 

1. INTRODUCTION 4
 

2. Summary of Minimum Qualifications for HWMAIRCRA Inspectors 4
 

A. Experience 4
 

B. Rules Knowledge " ; 4
 

C. Geology and Hydrogeology Knowledge 4
 

D. Training " : 5
 

E. Other Qualifications and Abilities 5 " 

3. INSPECTION PROTOCOL '.' - : .. ; 5
 

• 4.INSPECTIONCHRONOLOGY · 7
 

CHAPTER IV - HAZARDOUS WASTEENFORCEMENT ' '.. : 9
 

1. INTRODUCTION " " : 9
 

2. WARNING LETTERS " " ' ' 10
 

3. NOTICE OF VIOLATION ' 10
 

4. CONSENT ORDER " " 10
 

5. CIVIL REFERRAL 11
 

6. EPA'S RETENTION OF RIGHTS 12
 

7. TYPES OF AND EXTENT OF VIOLATIONS 12
 

8. PENALTY ASSESSMENT , 13
 

9. REPORTING OF INSPECTIONS AND ENFORCEMENT 14
 

10. ENFORCEMENT TRACKING LOG 14
 

CHAPTER V - HAZARDOUS WASTE--TECHNICAL DATAMANAGEMENT AND TRACKlNG 15
 

1. RCRIS " 15
 

2. REPORTS " ' ' 15
 

3. BIENNIAL REPORT SYSTEM (DRS) 16
 

CHAPTER VI - HAZARDOUS WASTEPERMITTING 17
 

•
 

1. PERMIT WORK FLOW PROTOCOLS 17
 

2. DOCUMENTATION RESPONSIBILITY AND SIGNATORY AUTHORITY 17
 

A. Introduction " 17
 
c B. Receipt of Submittals ' , 17
 

C. Delegation ofResponsibility 17
 

'D. State Office Document Review , 18
 

E. Administrative Records 19
 

3. MINIMUM OUALIFICATIONS FOR PERMIT OFFICERS AND WRITERS 19
 

A. Knowledges,$kills, and Abilities 19
 

'B. Typical Duties 20
 

4. INTERIM STATUS PERMITS ; 20
 

A. Applicability ' 20
 

C. Modification and Termination oflnterim Status ; 21
 

D. Siting License Application 21 , 

5. TSD FACILITY PERMIT APPLICATION 21
 

A. Applicability '.." 21,
 

B. Completeness Review : : '.' ". 22
 

C. Technical Review ' 22
 

D. Permit Drafting .: : 22
 

"E. Public Notice " 23
 

F. Final Permitting Decisions 23
 

6.'CLASS 1 PERMIT MODIFICATIONS , 23 '
 

A. Degreesffypes of Class 1 Modifications 23
 

B. Prescriptive Time Frames 23
 

D. 

C. Reviews 

Tracking 

and 

and 

Responses 

Permit Maintenance 

" 23
 

24
 C)

7. CLASS 2 PERMIT MODIFICATIONS 24
 

A. Applicability " 24
 

B. Prescriptive Time Frames 24
 

C. Reviews, Responses, and Tracking .............•....................... 24
 

D: Public Notice Requirements 25
 

E. Permit Maintenance , " 25
 

8. CLASS 3 PERMIT MODIPICATIONS 25
 

A. Applicability 25
 

B. DEO Level ofResponsibility : 25
 

D. Public Notice Requirements : 26
 

9. TEMPORARY AUTHORIZATIONS 26
 

A. Applicability ' " 26
 

,B. l!evie,,: a~d t\pp'li~atio.n . " .._~ :.~: _ : '. '.' . 26
 

C. Extensions : .- ".. 26
 

10. TSD FACILITY CLOSURE - INTERIM 8TATUS 26
 

A. Applicability " 26
 

B. Plan Review and Comment .....................................•..... 27
 

C. Public Notification 27
 

D. Follow Through , 27
 

E. Post-Closure . ' " 28
 

11. ISD FACILITY CLOSURE - APPROVEDIPART B PERMITTED 28
 .: 

A. Applicability ' " . 28
 

11 
• 

B. Plan Review and Comment _ : .. 28 

C. _Public Notification - - 28 

D. Follow Throu&h - 28 

E. HWMA Corrective Action - 29 

Appendix 1 

Appendix 2 

Appendix 3 

Appendix 4 

Appendix 5 

Table 1-

Appendix 6 

• Appendix 7 

Appendix 8 

LIST OFApPENDICES 

Memorandum ofAgreement between the United States Environmental Protection 

Agency, Region 10, and the Idaho Division of Environmental Quality 

Hazardous Waste Inspection and Enforcement References 

Notice of Violation and Consent Order Routing Processes 

DEQ Enforcement Tracking Log 

Permit Processing Timelines 

Permitting Flow Chart 

Management ofRemediation Waste Under RCRA Road Map 

Interim EPA Region 10 Policy for Corrective Action Cleanup Under a State NonRCRA Authority in States Authorized for Corrective Action 

Complaint Response Policy and Flowchart 

•
 

111 
• CHAPTER I - HAZARDOUS WASTE STATUTES, RULEMAKlNG, ANDAUTHORlZATION 

1. Hazardous Waste Statutes 

The Idaho Hazardous Waste Management Act of 1983 (HWMA), Idaho Code §§ 39-4401, ~.,

provides statutory authority for the regulation ofhazardous waste in Idaho. This statute provides for 

the adoption of the Idaho Rules and Standards for Hazardous Waste, and requires the rules be 

consistent and no more stringent than federal hazardous waste regulations. The purpose ofthe statute 

is to establish a hazardous waste program that will enable the State to assume primacy over 

hazardous waste,regulation in lieu ofthe federal government. 

In addition to the HWMA, the Idaho Hazardous Waste Facility Siting Act of 1985, Idaho Code §§ 

39-5801, ~., was enacted to provide' a process for evaluating and establishing potential sites for 

the safe disposal of hazardous waste. It also provided for a State Hazardous Waste Siting 

Management Plan, which was approved by the Idaho Legislature on March 9, 1987. 

2. Hazardous Waste Rulemaking 

Idaho DEQ employs an incorporation by reference process to adopt federal hazardous waste 

regulations as State rules. Using this process, the intent ofthe Idaho Legislature to be consistent and 

no more stringent than federal hazardous waste regulations is efficiently implemented. 

• Idaho's hazardous waste rules are kept current through an annual hazardous waste rulemaking 

update, by which all final federal hazardous waste regulations are tracked from July through June. 

These rules are placed into a rulemaking docket established by the DEQ rulemaking coordinator in 

the Attorney General's Section ofDEQ. This docket is presented to the DEQ Administrator inthe 

following July for approval and subsequent publication in the September Idaho Administrative 

Bulletin. The docket is then presented to the Idaho Board ofHealth and Welfare for approval as a 

pending rule in November. Upon approval by the Board, the rule is publishedin.the January Idaho 

Administrative Bulletin. The rule is then presented to the Idaho Legislature's Senate Health and 

Welfare Committee and House Environmental Affairs Committee. Ifno objections are made by the 

. Legislature, the rule becomes final and effective upon the last day ofthe Idaho legislative session. 

3. Authorization 

Authorization is the process by which EPA Region 10 evaluates the equivalency of Idaho's 

--hazardouswaste program-The AuthorizationstatusofIdaho's program is updated every two to three 

years. Authorization Applications submitted to EPA by the State include many documents, among 

them the Program Description, the Resource Conservation and Recovery Act (RCRA) Memorandum 

ofAgreement between EPA Region 10 and Idaho DEQ; and the Idaho Attorney General's Statement 

confirming that Idaho's hazardous waste statutory and rule authority is equivalent to the federal 

government. At thispoint, Idaho has received full Authorization from EPA Region 10 to implement 

• 

all aspects ofthe program through June 30, 1996. 

Idaho Hazardous Waste Program Summary -- March 2000 1 
CHAPTER II - STATE OFFlCEIREGIONAL OFFICE RESPONSIBILITIES 

1. Purpose of HWMA and the Hazardous Waste Program 

The goal ofthe Idaho Hazardous Waste Management Program is to ensure that hazardous waste is
 

properly managed, stored, treated, transported, and disposed. Proper handling will prevent harmful
 

releases to the public and environment ofIdaho. The laws in place ensure that when hazardous waste
 

releases do occur, they are mitigated by HWMAlRCRA Corrective Action, emergencyresponse, and
 

compliance measures.
 

The goal of an enforcement action is to return the facility to compliance as quickly as possible and
 

deter future violations. The removal of economic advantage or savings accrued by noncompliance
 

is part ofthe goal ofpenalties.
 

2. Regional Office Responsibilities 

The DEQ Regional Offices (RO) are responsible for completion of their assigned Work Plan
 

inspections and complaint response in their area ofthe State. Inspections can be conducted by RO
 

staff who meet the minimum requirements for a HW Inspector or by contracting with Technical
 

Services (TS) for appropriate inspection staff.
 

The RO staffor contracted TS personnel conduct inspections in accordance with approved inspection C~
 protocol. The inspector(s) completes a narrative inspection report and determines ifany and what.
 

specific type. of violation were observed at the facility. Based on the findings of the inspection, a
 

recommendation is made in a memorandum from the inspector through the appropriate RO
 

managementto the State Office (SO) Hazardous Waste (HW) Enforcement Coordinator.
 

Enforcement options may be discussed among RO staff, TS, and SO staffprior to settling on a final
 

recommendation. Ifnecessary, discussions should include a Deputy Attorney General (DAG). Ifno
 

violations are observed, the appropriate recommendation is for no enforcement. If violations are
 

observed, many factors need to be considered in the enforcement discussion. Such factors are the
 

numbers of violations, types of violations, recalcitrance, and the facility's hazardous waste status
 

(i.e., Conditionally Exempt Small Quantity Generator, (CESQG),Small Quantity Generator,(SQG),
 

Large Quantity Generator (LQG),Treatment Storage or Disposal (TSD) facility, HW transporter).
 

____...RQ ~~ff ar~ re~ponsible for tiInelY_J~view_and_comments-on_alL enforcement-documents-for-their 

regions according to the enforcement review chart (see Appendix 3). RO staff may suggest 

Supplemental Environmental Projects (SEPs) for facilities interested in penalty mitigation. RO staff 

are responsible for overseeing implementation ofthe terms and conditions of Consent Orders once 

they are signed. When the facility has completed the work required under the Consent Order, RO 

staff notify the State HW Program Manager to have the Consent Order terminated, If a facility does 

not meet its obligation under the Consent Order, the RO staffis responsible for referring the facility (; 

to the SO for further action. .../ ) 

2 Idaho Hazardous Waste Program Summary -- March 2000 
• 

3. State Program "Responsibilities 

The SO is responsible for negotiating EPAlState inspection targets and schedules after consultation 

with the regional offices. When an enforcement recommendation is received by the HW 

Enforcement Coordinator, the recommendation is reviewed to determine further action. If the 

Coordinator disagrees with the recommendation or needs more information, the appropriate RO will 

be contacted for discussion. The SO's enforcement decisions will consider ensuring statewide 

consistency and compliance with EPA requirements.. 

Once a decision is made to proceed with enforcement, the HW Enforcement Coordinator contracts 

with TS to develop the enforcement documents and oversees the development and review of the 

enforcement documents. Review of the enforcement documents is conducted by the HW Program 

Manager, RO staff, and a DAG. 

If a Notice of Violation (NOV) is issued, the HW Program Manager conducts the compliance 

conference and leads the negotiations. The RO Will participate in all activities up to and including 

the compliance conference and participate in the proposed resolution ofthe enforcement action. All 

RO contacts with the facility regarding pending or ongoing" enforcement action shall be 

"communicated to the SO. 

•

Consent Orders are developed by TS, under contract, and reviewed by the HW Program Manager, 

RO "staff, and a DAG. The terms and conditions or:the Consent Orders are negotiated with the 

facility by the SO and the DAG. When the Consent Order becomes effective, copies are sent to the 

facility and the appropriate RO for oversight. Terminations of Consent Orders are performed by the 

State HW Program Manager. 

The SO is also responsible for Legislative and Rulemaking activities as well as Authorization and 

Grant/Work Plan activities with EPA Region 10. Technical HW Data Management and Tracking 

activities are also the responsibility of the SO. The SO solicits input from TS and the RO for all of 

these activities, and depends on these groups to supply necessarydata entry forms for theRCRA 

activities tracked in the Resource Conservation and Recovery Information System, ( RCRIS). 

•


Idaho Hazardous Waste Program Summary -- March 2000 3 
CHAPTER III - HAZARDOUS WASTE INSPECTIONS c 

1.INTRODUCTION 

ROs are responsible for initiating and completing hazardous waste inspections as agreed to in the 

Work Plan negotiated with EPA, investigating hazardous waste complaints received by DEQ, and 

other special projects determined to be necessary for protection ofhuman health and the environment 

in the region. Protocols and requirements for inspectors, inspections, report writing, enforcement 

referrals, and enforcement procedures are outlined in many documents and agreements (see 

references in Appendix 2). Time frames for the inspection and enforcement procedures are 

established by many ofthese same documents. The following is a general summary ofthe inspection 

requirements. Enforcement requirements are discussed in Chapter IV ofthis summary. 

2. Summary of Minimum Qualifications for HWMA/RCRA Inspectors 

A. Experience 

A candidate inspector must have a minimum of two years.full-time, experience in conducting 

HWMA and/or RCRA inspections, or a minimum of 30 facility inspections including five TSD 

facilities, five LQG, and ten SQG inspections. Technical Assistance must have been provided 

to half the 30 facilities in whole or part of the inspection. If the candidate inspector does not 

meet the minimum inspection experience, a minimum oftwo years, full-time, mentoring by a 

HWMAlRCRA inspector must be obtained. The mentor must have at least three years, full-time (/""'/' 

experience. The mentoringmust include the above minimum numbers and types of inspections , 

and the candidate inspector must lead two TSD facility, two LQG, and five SQG inspections 

while being rnentored: Based on recommendations of the mentor, the mentoring period may be 

shortened or lengthened as appropriate. The two years, full-time, experience may be accumulated 

over a period of several years. 

B. Rules Knowledge 

A candidate Inspector must have a good working knowledge of the Idaho.Rules and Standards 

for Hazardous Waste, IDAPA 16.01.05.000 to .999, the HWMA, Idaho Code, Title 39, Chapter 

44, the Idaho RCRA Program Documentation manual, the federal RCRA regulations, 40 CFR 

Parts 260'-279, the Enforcement Procedures Manual, and any appropriate HWMAJRCRA 

authorized facility operating permit. 

The candidate inspector must be able to apply all appropriate .policies, rules, standards and 

regulations to afacilityduringaiiinspection and the report writing phase including generator 

standards, interim status or permit conditions, transporter standards, recycling standards, Land 

Disposal Restrictions, Universal Waste standards, and Used Oil Management standards. The 

candidate inspector must be able to cite 'the appropriate applicable rules and regulation(s) with 

the supporting statement offact. 

C. Geology and Hydrogeology Knowledge 

A candidate inspector must have some knowledge of geology and hydrogeology principles 

relative to dispersal ofhazardous waste, planning and conducting environmental audits, scientific 

C'''\ 

' 

4 Idaho Hazardous Waste Program Summary -- March 2000 

- ---, 
studies, developing action plans, industrial standards and waste stream determination, and 

treatment methods for hazardous waste. 

. D.	 Training 

A candidate inspector must have attended the following training courses or courses covering the 

following or their equivalent: 

•	 Personal Safety and Protection [OSHA 1910.120] 40-Hour Course, with annual 8-Hour 

Refresher courses 

•	 Radiological Protection and Measurement 

•	 Basic Inspector. Course 

•	 Advanced RCRA Inspector Course 

•	 Air Surveillance for Hazardous Materials Course 

•	 Sampling for Hazardous Materials 

•	 Sampling Techniques, including Chain-of-Custody procedures 

•	 Pollution Prevention for Inspectors Training Course 

•	 Land Disposal Restrictions Course 

•	 EPA Publication SW-846 Training 

•	 The Resource Conservation and Recovery Act Inspection Manual 

Having training in the following is beneficial for candidate inspectors also: 

• • Dealing with Upset Citizens 

• Negotiations 

• . Dealing with the Media (press) 

• Report Writing 

• Risk Communications 

• Explosives/Drug Lab 

E.	 Otber Oualifications and Abilities 

A candidate inspector must have baseline and periodic medial monitoring, conduct inspections 

using ·DEQ or EPA developed checklists, perform field work, report all findings in a written 

document including citations for violations, serve as an expert witness in either civil or criminal 

court proceedings, recommend DEQ enforcement or facility response actions, provide technical 

reviews of environmental docwnents and reports, provide technical assistance to the public and 

DEQ staff, have a valid driver's license, and act as liaison and 'coordinate with other agencies, 

- .the media, and the regulated public. 

3. INSPECTION PROTOCOL. 

At DEQ, six (6) Hazardous Waste (HW) Inspectors and the HW Enforcement Coordinator are 

devoted to field inspection activities. Prior experience of staff includes, on the average, several 

• 

years of RCRA, SuperfundlCERCLA, and general environmental sampling and inspection 

experience. As part ofinitial training, new inspectors are paired with senior compliance officers 

for the purpose ofmentoring. This allows for the maintenance ofconsistency in the interpretation 

Idaho Hazardous Waste Program Summary -- March 2000 5 
and application of the HWMAlRCRA regulations and familiarizes new staff with DEQ's C .inspection and enforcement role. HW Inspectors gain access to facilities or sites upon a 

presentation of credentials signed by the Director ofIdaho Department ofHealth and Welfare. 

[34] 

DEQ's HW Inspectors have the authority to inspect a facility for the purpose of ascertaining 

compliance with the hazardous waste laws. All inspections include evaluation of processes and 

their associated waste streams in addition to the review of product data to determine 

characteristic properties ofthe waste. Often samples ofwaste streams are collected for analysis 

to verify the accuracy of the generator's waste characterization. Inspections also include the 

evaluation of quantities of wastes generated, accumulated, or stored on-site to determine 

regulatory status. [12,32] 

The most comprehensive inspection presently performed by DEQ HW Inspectors are at land 

disposal facilities (e.g., Envirosafe Services ofIdaho.Inc., (ESII ) - Site B) and federal facilities 

(e.g., Idaho National Engineering and Environmental Laboratory, (lNEEL). At these facilities, 

an annual inspection is performed by DEQ to scrutinize all aspects of operation including, but 

not limited to: waste identification, analysis and record keeping, contingency and emergency 

planning, personnel training and protection, spill containment, equipment integrity, operational 

procedures, groundwater data assessment and sampling, manifest checking, and waste disposal 

record keeping. Where the regulated unit has a permit, the annual inspection also includes 

verification of compliance with all permit-specific requirements. [32] 

At least biennially, DEQ inspects every interim status or permitted non-federal TSD facility. 

Inspections that reveal violations of EPA regulations the State has not yet adopted will be 

referred to EPA for further action, the exception being for State-issued warning letters that 

request compliance with the noted EPA regulations. [5] Each year, designated EPA and DEQ 

personnel actively-participate in selected joint inspection processes. In such cases, the DEQ HW 

Inspector takes the lead, except when mutually agreed otherwise. [21] Compliance inspections 

are conducted to respond to a complaint or as part of the regularly scheduled inspections 

negotiated annually with EPA through the State Grant Work Plan. [32] 

Inspection priorities are determined by EPA's RCRA Implementation Plan (RIP), current EPA 

policy directives, and DEQ-established initiatives or priorities. Situationsin which DEQ must 

initiate an immediate response to a release or possible release of hazardous waste that may 

impact human health or the environment are given an immediate priority. Non-emergency 

-insp-eCfion .activities ~e negotiated -lif"the begInning of each-federal- fiscal year.---These· 

negotiations include the identification and scheduling ofTSD facility inspections and the total 

number of(unnamed) generator inspections. One month prior to the beginning of each federal 

fiscal year quarter, all scheduled generator inspections are identified by DEQ and submitted to 

EPA-Idaho Operations Office. [33] 

6 Idaho Hazardous Waste Program Summary -- March 2000 
• 

4. INSPECTION CHRONOLOGY 

A facility inspection may be conducted in a few hours or over several days. The first day ofthe 

inspection is considered Day Zero and many time frames are established from that date. An 

inspector should give the facility as much writteninformation as possible describing known or 

suspected violations and concerns by the final day ofthe inspection. This information may be 

in the form of prepared and completed inspection checklists. Although a more complete 

inspection report will be completed and further violations may be identified later, DEQ is 

committed to giving the facility as much written information as soon as possible to assist in a 

prompt return to compliance. 

Day 0 - The first day ofthe facility inspection, or the first date that DEQ knew of or should 

reasonably have known of a violation. This is the date of inspection entered into the 

RCRIS database for tracking of inspections and enforcement.. 

After a field inspection, the HW Inspector assures the inspection checklists are 

complete, prepares the Narrative Inspection Report, develops and catalogues 

photographs, submits samples for analysis, requests additional information and 

documentation from the facility as necessary, reviews the additional documentation 

upon receipt, and determines violations. [37] 

• 

Day 35 - A draft inspection report will be completed within 35 days from Day Zero. [21] 

pay 45 - Within 45 days from Day Zero, the written inspection report will he finalized. [21, 

60, 64] If no violations are .observed a finalized copy of the inspection report is 

mailed to the facility for their records. If violations are observed a fmal copy of the 

inspection report is mailed to the facility later with the enforcement document. . . 

Upon finalization of the inspection report, the lead inspector makes an initial 

determination ofthe compliance status ofthe facility based on his or her evaluation 

of the information collected through the inspection process. The lead inspector 

prepares a written summary of all apparent or potential violations, describing the 

factual evidence supporting the violations(s), and recommending appropriate 

enforcement action to the HW Enforcement Coordinator using established 

memorandum format. [68] 

-v-Day 50- A draft Warning Letter (WL) or Notice of Violation (NOV) is prepared for the SO 

by contracting with TS. The draft is circulated to the appropriate RO and Attorney 

Generals' Office (AG's Office) by the SO for review. 

Day 53 - All responses from the appropriate RO, the AG's Office and SO for the WL or NOV 

are incorporated, as appropriate. 

• Day 55 - The final WL or NOV is submitted to SO upper management for signatures. [38] 

Idaho Hazardous Waste Program Summary -- March 2000 7 
Day 56 - A fmal WL is signed by the HW Program Manager and sent, by certified mail from. 

the SO with a copy ofthe inspection report, to the facility. A fmal NOV is circulated 

to the DEQ Administrator for signature. [38] 

C~·

/' 

Day 59 - A final NOV, signed by the DEQ Administrator, with a cover letter, and copy of the 

final inspection.report are sent from the SO, by certified mail, to the facility. The 

Facility is required to respond within 15 days ofreceipt of the NOV. [38] 

At this point, the date of receipt of the WL or the NOV becomes Day Zero and determines the 

. time frames for both the facility and DEQ to complete the enforcement process (See Chapter IV ­

Hazardous Waste Enforcement). 

8 Idaho Hazardous Waste Program Summary -- March 2000. 
• CHAPTER IV - HAZARDOUS WASTE ENFORCEMENT 

1. INTRODUCTION 

DEQ has agreed to take timely and appropriate enforcement action in accordance with specific time 

lines as projected in the Compliance Assurance Agreement and annual State Grant Work Plan with 

EPA. Enforcement actions are brought against all persons in violation of generator and transporter 

standards (including manifest requirements), facility standards, permit requirements, compliance 

schedules, and all other program requirements. [5] 

It is understood the State will address all violationsofthe HWMA and the Hazardous Waste Rules 

within the State's jurisdiction. It is further understood that while the State's authority, policy, and 

procedures for enforcement are not identical to EPA's, any State action will be consistent with the 

EPA Enforcement Response Policy and the HWMA Civil Penalty Policy. [22] . 

The identification, processing; and final resolution of an enforcement action follows a step-by-step 

chain of events that is repeated for every instance of non-compliance. These events are listed in 

chronological order. 

• 

Post Inspection Records and Information Review: After a field inspection, the HW 

Inspector assures the inspection checklists are complete, prepares the Narrative 

Inspection Report, develops and catalogues photographs, submits samples for analysis, 

requests additional information or documentation from the facility; as necessary, reviews 

the additional documentation upon receipt, and determines violations. 

Facility Notification: In accordance with EPA's Enforcement Response Policy of 1996 

(ERP) guidelines, a facility is notified ofnon-compliance by the following: a WL, NOV, 

or judicial complaint. [36] 

Warning Letters are drafted by IS for signature and sending by the DEQ SO. NOVs are drafted by 

IS for signature and sending by the SO. Judicial complaints are drafted and filed by the AG's Office. 

The decision as to which ofthese.enforcement mechanisms should be used in a particular case rests 

with the SO with input from ROs and AG's Office. 

The lead role in compliance conference negotiations is held by the HW Program Manager. File notes 

are drafted by the HW Inspector to document negotiations and additional information provided 

during the compliance-conference. All enforcement activities aretrackedby theHW Inspector and 

documented in RCRIS. [42] 

Under Idaho's statue oflimitations, nocivil or administrative proceeding may be brought to recover 

. for a violation more than two years after DEQ had knowledge or ought reasonably to have had 

knowledge ofthe violation. [17, 43] 

I . 

•
 

Idaho Hazardous Waste Program Summary -- March 2000 9 
2. WARNING LETTERS (j 

Day 0 - The WL is received by the facility. This date is determined by the "green card" indicating 

the date and signature for the certified mail. 

Day 15 - The WL provides that DEQ shall receive a written response within a specified time 

frame. If the written response is not adequate, further written or verbal correspondence 

will be initiated by DEQ. [70] . 

Day 60 - If the response does not result in expeditious compliance, normally within 30-60 days 

ofissuance, DEQ State Waste Management & Remediation staff will consider whether 

the violation warrants issuing an order or NOV. -[62] 

3. NOTICE OF VIOLATION 

The Notice ofViolation (NOV) shall identify the alleged violation With specificity, with citations 

of each provision of the act, rule, regulation, permit or order that has been violated, and state the 

amount of civil penalty claimed for each violation. [14] 

Day 0 - The NOV is received by the facility. This date is determined by the "green card" 

indicating the date and signature for the certified mail. 

Day 15- The NOV shall inform the person to whom it is directed of an opportunity to confer with 

the DEQ in a compliance conference concerning the alleged violations. A response may 

be required within 15 days ofreceipt ofthe NOV by the person to whom it was directed. 

[8, 14,41, 70] . 

Day 20 - Ifarecipient of a NOV contacts the department within 15 days ofthe receipt of notice, 

the recipient shall be entitled to a compliance conference. The conference shall be held 

within 20 days ofthe date ofreceipt ofnotice, unless a later date is agreed upon between 

the parties. Ifa compliance conference is not requested, DEQ may proceed with a civil 

enforcement action. [8, 15, 70, 71] 

4. CONSENT ORDER 

Timeframes for C~n~_ellt Orders .~<:mtiI1uet<? initiate from the dateof the Facility's receipt of the 

NOV. . 

Day 25 - A draft Consent Order (CO) is prepared by TS forthe SO. The SO distributes the draft 

document to the appropriate RO and the Attorney Generals' Office for review and 

comment. . 

Day 28 - The CO is revised and, finalized with input from ROs, AG's Office and SO as C~'\

appropriate. . --.---I 

10 Idaho Hazardous Waste Program Summary -- March 2000 
•
 Day 30 - A final CO and cover letter is submitted to the SO upper management for review.· [39]
 

Day 31 - A final CO cover letter is signed by the HW Program Manager and sent, by certified mail
 

by the SO, to the facility for review and comment. [38] 

At this point, the date of receipt ofthe CO for review by the facility sets some ofthe time frames. 

Day Zero becomes the date the CO was received by the facility for review. 

Day 0 - The CO, for review, is received by the facility. This date is determined by the "green 

card" indicating the date and signature for the certified mail. 

Day 15 - The facility sends a written response to DEQ. [70] 

Day 18 - The SO reviews the facility's response and solicits comment from the appropriate RO 

and the Attorney Generals' Office, as appropriate. 

Day 21 - The CO is revised, as appropriate. 

Day 24 - A signature CO and cover letter is submitted to the SO upper management for review. 

[39] 

Day 25 - A signature CO cover letter is signed by the HW Program Manager and sent, by certified 

mail by the SO, to the facility for signature. [38] ..• 

Day 30 - The signed CO is returned to the SO from the facility. 

Day 31- The facility-signed CO is submitted to the DEQ Administrator for signature. [70]· 

Day 34 - The signed and effective CO is returned to the SO. A copy ofthe effective CO is sent to 

the facility by the SO and to the appropriate RO for oversight. 

Day 180 - The 180-day [from the date of the compliance inspection] time frame has been 

established by the SO as an outside limit to the negotiation process In an effort to 

establish what the SO believes is a reasonable time frame for negotiation of a CO. This 

180-day time frame is also consistent with EPA's April 15, 1996, Civil Enforcement 

Response Policy (ERP) for the RCRA Program. [70] 

In most cases, these time frames should be met. In the current ERP, a ceiling of 10% per year is 

established as the number of cases allowed to exceed standard ERP time frames. [63] 

5. CIVIL REFERRAL 

• 

Day 0- Ifthe parties cannot agree on a consent order withiri 60 days after the receipt ofthe NOV, 

or ifthe recipient does not request a compliance conference pursuant to Idaho Code § 39-

Idaho Hazardous Waste Program Summary -- March 2000 11 
- -

4413 (A)(1)(b), the AG's Office may commence and prosecute a civil enforcement action C)

in district court. [9, 16,42, 70] _ 

Day 60:- Ifa judicial referral is made to the AG's Office, it is expected that the case will be filed 

within 60 days ofreferral. [60,61,66] 

Day 731 - No civil or administrative proceeding may be brought to recover for a violation of 

HWMA or any permit, standard, regulation, condition, requirement or order issued or 

promulgated pursuant to HWMA more than two years after DEQ had knowledge or 

ought reasonably to have had knowledge ofthe violation. [17,43] - ­

6. EPA'S RETENTION OF RIGHTS 

EPA has a right to inspect any hazardous waste generator, transporter or TSD facility or bring 

enforcement action against any person believed to be in violation ofthe state or federal hazardous 

waste program or believed to have a release of hazardous waste or constituent. If a person is 

determined to be in violation ofHWMA, in accordance with 3008 (a)(2), EPA may directly bring 

an enforcement action upon request by the State or upon determining that the State has not taken 

timely and appropriate enforcement action. [4,22] IfEPA determines that DEQ is not adequately 

administering and enforcing a program, the authority for DEQ to implement the program may be 

withdrawn after a process is followed. [4,56] 

7. TYPES OF AND EXTENT OF VIOLATIONS 

EPA's RCRA Enforcement Response Policy classifies individual facility violations into oneoftwo 

categories. Class 1Violations - Deviations from regulations, or provisions of compliance orders, 

consent agreements, consent decrees, or permit conditions that could result in a failure to: a) assure 

that hazardous waste is destined for and delivered to authorized TSD facilities; or b) prevent releases 

ofhazardous waste or constituents, both during the active and any applicable post-closure periods 

ofthe facility operation where appropriate; or c) assure early detection ofsuch release; or d) perform 

emergency cleanup operation or other corrective action for releases. Class 2 Violations - Any 

violation ofa HWMA requirement that does not meet the criteria listed above for Class 1 violations. 

[5~, 69] 

The hazardous waste handler is classified as a violator based upon the nature of the violation(s) 

-_~ 	 along with a numberof ~~er factorsJ~~g~,_c<:>mpli_~~~e N:s~~ry,_pre~ious_re~alciJt:~!J:>~hav!Qr,-etc.).

The Enforcement Response Policy establishes three categories ofviolators - High, Medium, and Low 

Priority Violators. 

I. High Priority Violator (HPV) 

• Caused actual or substantial likelihood of exposure 

• Chronic or recalcitrant violator 

• 'Deviates from timely meeting ofrequirements in a permit, order, or decree 

-• Substantially deviates from statutoryor regulatory requirements. 

2. Medium Priority Violator (MPV) 

• A handler with one or more Class 1 violations who does not meet the criteria for HPV. 

12 Idaho Hazardous Waste Program Summary -- March 2000
• 

Handlers with only Class 2 violations may also be MPV when the compliance officials 

deem an administrative action is appropriate. 

3: Low Priority Violator (LPV) 

A handler with only Class 2 violations who is not an HPV or MPV. An LPV will 

normally receive a WL as the initial response. [59, 69] 

Facilities designated as Significant Non-Compliers (SNC) are the first violators subject to 

enforcement action, followed by other HPVs. HPVs represent the most serious violators and 

consequently should receive the swiftest and most stringent enforcement response available. Every 

- HPV should be the object of a formal enforcement action as well as penalized with an economic 

sanction or penalty. Examples of appropriate HPV enforcement response actions include judicial or 

administrative impositions of civil penalties against the corporation as well as, where appropriate, 

responsible corporate officials or temporary or permanent shutdown of the hazardous waste 

management activities at the facility. [59,69] 

8. PENALTY ASSESSMENT ­

•

The HWMA Civil Penalty Policy is used to calculate penalties for all HWMA administrative actions 

instituted. The purpose ofthe Policy is to assure that HWMA civil penalties are assessed fairly and 

consistently, that penalties are appropriate for the gravity ofthe violation committed, that economic 

incentives fornoncompliance with HVfMA are eliminated, and that compliance is achieved; [24,69] 

Idaho Code § 39-4414 states that the seriousness of the violation must be taken into account in 

assessing penalties. The seriousness ofthe violations is measured by potential for harm and extent 

of deviation from a statutory or regulatory requirement. [25,69] 

In certain situations, DEQ may fmd that a particular facility has violated several HWMA regulations. 

A separate penalty is assessed for each violation that results from an independent act (or failure to 

act) by the violator and is subsequently distinguishable from any other act (or failure to act) in the 

NOV. A given act is independent of, and subsequently distinguishable from, any other-act when it 

requires an element ofproofnot needed for the others. In many cases, violations ofdifferent sections 

of the regulations constitute independent and subsequently distinguishable violations. 1t is also 

.possible that different violations ofthe same section ofthe regulations could constitute independent 

and distinguishable violations. Multiple penalties should be assessed when one facility has violated 

the same requirement in different locations. HWMA provides the authority to assess maximum civil 

penalties ofup to $10,000 per violation per day, with each day that noncompliance continues to be 

assessed as a separate violation. The HWMA Civil Penalty Policy mandates the consideration ofthe 

economic'benefit of noncompliance to 'a violator-when penalties are assessed. [26, 69] 

An administrative penalty may be adjusted upward for willfulness or negligence. In assessing the 

- degree of willfulness or negligence, the following factors should be considered, as well as others 

deemed appropriate: how much control the violator had over the events constituting the violation, 

the foreseeability of the events constituting the violation, whether the violator took reasonable 

•

precautions against the events constituting the violation, whether the violator knew or should have 

known of the hazards associated with the conduct, and whether the violator knew of the legal 

requirement that was violated. It should be noted that this last factor; lack ofknowledge ofthe legal 

Idaho Hazardous Waste Program Summary -- March 2000 13 
requirement, should never be used as a basis to reduce the penalty. To do so would .encourage () 

ignorance ofthe law. Rather, knowledge of the law should serve only to enhance the penalty. [28] 

Where a party has previously violated hazardous waste requirements at the same or different site, 

this is usually clear evidence that the party was not deterred by the previous enforcement response, 

unless either violation was caused by factors entirely out ofthe control ofthe violator. Recalcitrance 

is a basis for upward adjustment of.a penalty. [29,69] 

DEQ generally will not insist on the payment of penalties that are clearly beyond the means ofthe 

violator. DEQ may consider the ability of the violator to pay the penalty. At the same time, it is 

important that the regulated community not see the violation ofenvironmental requirements as a way 

to aid a fmancially troubled business. It is unlikely, for example, that DEQ would reduce a penalty 

for a facility refusing to correct a serious violation with a long history ofprevious violations: [30, 

69] 

9. REPORTING OF INSPECTIONS AND ENFORCEMENT 

DEQ has agreed to classify and report violators, including high priority violators, in accordance with 

EPA's Enforcement Response Policy. All State inspection and enforcement activity is reported by 

the State in the RCRIS database. Timely and thorough reporting ofHWMA activities by the regional 

offices to the State Program is critical to this process. [23]. C) 10. ENFORCEMENT TRACKING LOG 

The Enforcement Tracking Log is a internal data log that tracks ongoing enforcement actions and 

consent orders. It is maintained by the HW Enforcement Coordinator. An example of the log is 

attached as Appendix 4. 

()
 

14 Idaho Hazardous Waste Program Summary -- March 2000 
• 

CHAPTER V - HAZARDOUS WASTE TECHNICAL DATA MANAGEMENT AND TRACKING 

1. RCRIS 

RCRlS is a technical database that tracks hazardous waste generators and hazardous waste permitted 

facilities by their HW Identification Numbers. It also tracks', and can provide reports about, 

hazardous waste permitting, inspections, and enforcement at these facilities. 

Hazardous waste generators must obtain a hazardous waste identification number when they generate 

and dispose more than 220 pounds of hazardous waste in a month. The form for obtaining this 

number can be obtained by contacting the SO HW Analyst and requesting the EPA Notification of 

Regulated Waste Activity Booklet, EPA Form 8700-12. DEQ provides assistance in completing the 

form and then assigns an EPA Hazardous Waste Identification Number to the hazardous waste 

generator. A hard copy acknowledgment letter is sent to the generator for confirmation. 

HW Inspectors and Permit Officers are responsible for completing RCRIS data entry forms for 

submission to the SO HW Analyst to record their inspection, enforcement, permitting, and corrective 

action activities. ROs may call the SO for any guidance, "fonns and information they may need. 

Training will be provided to the ROs when necessary for completion and submittal ofthese forms, 

2. REPORTS 

• As required by the HWMA, Idaho Code § 39-4411, by January 30 of each year, generators of 

hazardous waste (large and small quantity), must submit to DEQ an annual report that details the 

types and quantities ofhazardous waste generated, stored, treated, landfilled, incinerated, or recycled 

and whether these activities occurred in or out-of-state. Also, commercial disposal facilities must 

furnish an annual report detailing thetypes and quantities ofwaste received and its origin. 

Annual Report Forms with instructions are mailed from the SO in October. Reminder letters and 

assistance are provided to the generators to help them complete their reports on time. 

Once the Annual Reports are received by DEQ they are checked for accuracy. and compiled into the 

annual DEQ Hazardous Waste Management Report. Idaho Code § 39-4411 directs this report be 

submitted to the Governor and Legislature by March 1. This report details types and quantities of 

hazardous wastes generated, stored, treated, landfilled, incinerated or recycled in this state, types and 

quantities wastes generated in Idaho and shipped out of state, and types and quantities of waste 

--generated in other-states sent to-Idaho for treatmentanddisposal, 

3. BIENNIAL REPORT SYSTEM (DRS) 

The BRS is a federal report that tracks hazardous waste generation, storage, treatment, and disposal 

activities in odd numbered years. his required ofLQGs and TSD facilities. EPA Form 8700-13A/B 

• 

is sent to the LQGs and TSD facilities by the SO in December ofthe odd numbered year and is due 

by March 1 ofthe next even numbered year. DEQ provides assistance to LQGs and TSD facilities 

in completing their federal Biennial Reports. Once completed reports are received, DEQ checks the 

Idaho Hazardous Waste Program Summary -- March 2000 15 
reports for accuracy, compiles the data, and submits the information to EPA Region 10 by July 1 for 0 

incorporation into the EPA National Biennial Hazardous Waste Report. 

() 

16 Idaho Hazardous Waste Program Summary -- March 2000 
CHAPTER VI - HAZARDOUS WASTE PERMITTING e· 1. PERMIT WORK FLOW PROTOCOLS 

The HWMA permitting staff are specifically trained and have sufficient experience in hazardous 

waste management to review submittals, draft permits, and responses and conduct other required 

activities associated with HWMA permitting. However, due to the interpretive nature ofthe HWMA 

and the various expectations of EPA in accordance with the Memorandum of Agreement between 

the State"ofIdaho and the United States EPA Region 10 (MOA), the HW Permit Coordinator must 

review and approve all substantive correspondence generated by TS and the responsible RO to assure 

regulatory, policy, and procedural consistency. The MOA is included as Appendix 1 to this 

summary. 

A procedure for review of HWMA permitting documents is presented in the section entitled State 

Program Document Review. Regional offices with HWMA responsibilities are expected to 

coordinate management of administrative records and files (to be maintained at the State Office) 

relative to any HWMA involvement. This type of documentation can be maintained by HWMA 

permitting staff available through TS. 

2. DOCUMENTATION RESPONSIBILITY AND SIGNATORY AUTHORITY 

• 

A. Introduction 

Idaho's HWMA permitting program; since its authorization inception on April 9, 1990, has 

operated as a centralized program. Recently, the SO has transferred specific components of 

responsibility associated with implementation of Idaho's permitting program to the ROs. Due 

to the complexities associated with HWMA implementation, the SO will continue to be involved 

in the day-to-day implementation ofHWMA permitting intheState ofIdaho. This section ofthe 

Summary is intended to define the roles ofthe SO, ROs, and the subcontractors. . 

B. Receipt of Submittals 

Nearly all correspondence required by the HWMA, and the respective permits, must be 

submitted to the Director ofIdaho's Department of Health and Welfare (DHW). This submittal 

requirement has been delegated from the Director of the DHW to the Administrator ofDEQ. 

Generally, permit and regulatory required documents are received by either the Program 

Administrator or the HW Program Manager. Upon receipt, the documents will be date stamped, 

.and forwarded through the HW Permit Coordinator for work assignment (in the case ofINEEL 

permitting) or distribution to -the responsible RO staff. 

Due to the many prescriptive time frames, and the tacit approvals that may result, responsible 

staffwill need to make themselves aware of any applicable time frames. In the event technical 

staff or consultants are not able to provide such input, the SO can assist. 

• 

C. Delegation of Responsibility 

The Six Quarter Plan is a work plan managed by the SO and EPA Region 10. It identifies 

completed work and outlines future work for specific TSD facilities in the State. Although this 

Idaho Hazardous Waste Program Summary -- March 2000 17 
plan generally identifies much of the anticipated work for a given facility, it does not identify ( J) 

all ofwhat may come from the permittee in the way of permit modification requests and requests 

for regulatory assistance. Often these efforts are recorded as completed activities in the Six 

Quarter Plan, but that is not always the case. SO staff and EPA Region 10 representatives meet 

quarterly to discuss funding-related commitments, program implementation concerns, and 

revision of commitments documented in the Six Quarter Plan. 

The resources for completion of all HWMA permitting activities for TSD facilities in Idaho 

have, with the exception of INEEL, been passed to the RO where those facilities are located. 

. Therefore, it is the responsibility ofRO staffto ensure that all Six Quarter Plan commitments 

and any other TSD facility permit-related activities are completed in a timely fashion, in 

accordance with the requirements of the HWMA, and as agreed to between the SO and EPA 

Region 10. 

D. State Office Document Review 

All HWMAIRCRA permitting related letters, permits, modifications, or any other written 

materials for public distribution, produced by or at the direction ofRO staff is subject to review 

by the SO. This review will ensure consistent State policy regarding the HWMA, adherence to 

regulatory requirements, and work prioritization consistent with any commitments made to EPA 

Region 10. 

To ensure timely response to the regulated community, materials subject to review by the SO 

must be provided in advance ofresponse deadlines. This will allow for comprehensive review 

and any necessary modification prior to DEQ action. The following is a general guideline as to 

(~\

_/ 

the time necessary for such review: 

Draft Permits 

.Class 3 Modifications 

Class 2 Modifications 

Class I Modifications 

Draft Closure Plans 

Temporary Authorizations 

Report Reviews 

. 

. 30 days 

30 days 

10 days 

10 days 

30 days 

10 days 

7 days 

To ensure responsiveness to the regulated community and understanding of constraints
 

associated with lengthy or technically burdensome documents, adjusting these time frames case­


by-case may be necessary.
 

The SO will conduct monthly or bimonthly reviews of expenditures associated' with 

implementation of all DEQ HWMA permitting activities in the State ofIdaho. Reallocation of 

HWMA permitting funds may be necessary based on the level of activity in each region. Due 

to the fact that HWMAIRCRA funding has remained static, the SO may need to reduce or even 

halt permitting activities within regions to ensure that the overall statewide HWMA program ·C).' 

budget is not exceeded. Such decisions will consider EPA grant commitments, protection of ­

human health and the environment, as well as political and policy objectives. 

18 Idaho Hazardous Waste Program Summary -- Mmch 2000 
eE: Administrative Records 

IDAPA 16.01.05.013 [40 CFR § 124.9] requires that an Administrative Record (AR) be made 

available during public comment periods for permit actions. An AR is housed and currently 

maintained at the SO for past and present TSD facilities. The Code of Federal Regulations does 

not provide specific guidelines as to the maintenance of ARs. However, all official 

correspondence pertaining to HWMA permitting and corrective action projects must be retained 

in an agreed upon location. The AR also must include a chronological listing of included 

docwnents. In addition to official correspondence, the AR may include phone records, meeting 

notes, applicable internal memos, and all correspondence received from the regulated entity. The 

AR is open for public review under the Idaho Public Records Act. 

It is the responsibility of the RO to ensure that these records are maintained. EPA Region 10 

reviews these records to ensure they are kept current and are inclusive of the requisite . 

information. 

3. MINIMUM QUALIFICATIONS FOR PERMIT OFFICERS AND WRITERS 

The responsibility for accomplishing various tasks associated with hazardous waste permitting has 

been shifted to· certain Regional Offices (RO). It is not expected that each Region will maintain 

HWMA staff capable of completing those tasks. However, if RO or Technical Services (TS) 

personnel anticipate hiring or contracting with personnel not previously tasked with HWMA . 

• 

permitting responsibilities, the following basic skill and experience requirements must be 

considered. 

A. Knowledges. Skills. and Abilities 

•	 Good knowledge of principles and techniques employed in effectively researching, 

compiling, and writing complex regulatory documents. 

•	 Good knowledge of hazardous waste administrative and regulatory requirements and 

procedures pertaining to hazardous waste facility permitting and closure and the ability to 

effectively communicate those principles orally as well as in Writing to a variety of 

audiences, i.e., facility representatives, other state and federal agency representatives; the 

general public, or as expert testimony to a judge or jury. 

•	 Good knowledge of chemical engineering principles as applied to industrial processes and 

designs and the subsequently generated wastes. 

•	 Good knowledge of investigatory and inspection principles and techniques to determine if 

past releases have occurred or if the potential for release presently exists. 

..	 Good knowledgeof'characterization principles and techniques used to determine the extent 

ofcontamination ofvarious media, i.e., surface water, atmosphere, soil, and/or groundwater. 

•	 Good knowledge ofthe processes involved in the development of health risk-based criteria 

for carcinogensand systemic toxicants to coordinate and develop policy decisions regarding 

"acceptable" levels of contaminants remaining after affecting cleanup strategies. 

•	 'Good knowledge of long-term groundwater monitoring techniques as applied to the 

• 

regulation ofhazardous wastes. 

•	 Considerable knowledge of state and federal hazardous waste laws and regulations. 

Idaho Hazardous Waste Program Summary -- March 2000 19 
B. Typical Duties 0-\' Following are the typical duties associated With hazardous waste permitting. Experience or 

relevant' training in these areas is required for individuals conducting HWMA permitting 

activities. 

Issue and administer hazardous and mixed (hazardous and radioactive) waste storage, treatment,
 

disposal, and incineration facility permits.
 

•	 Review and analyze permit applications for applicability of the Idaho Hazardous Waste,
 

Facility Siting Act, Idaho Code §§ 39-5'801, et seq.
 

•	 Review and analyze permit applications for administrative completeness. Notify each
 

permittee of deficiencies so as to develop a complete application 'that meets all the
 

requirements and applicable provisions of the Idaho HWMA, Idaho Code §§ 39-4401, et
 

seq., the Rules and Standards for Hazardous Waste, IDAPA 16.01.05.000, et seq, and the
 

applicable federal regulations incorporated by reference into the Rl.lks.
 

•	 Review and analyze permit applications for technical completeness through the evaluation
 

oftechnical plans and engineering reports associated with hazardous and mixed (hazardous
 

and radioactive) waste management facilities
 

•	 When Corrective Action is necessary at a permitted' facility to control a release at a solid
 

waste management unit, require correction measures to be taken to control this release with
 

specific timeframes in the HW Permit.
 

•	 When Consent Order Cleanups are necessary at unpermitted HW facilities, work with ROs, 

TS HW Inspectors, SO HW Program Manager, and AG's Office, to be sure cleanup is C--~!

completed to meet all necessary substantive requirements ofRCRA Corrective Action. _ 

Develop Public Participation Packages. 

•	 Develop and monitor all public relations relative to the proposed hazardous waste permit. 

•	 Consult and educate the general public on existing or proposed scientific and engineering
 

methodologies as applied to hazardous waste management practices and procedures.
 

Conduct financial assurance review. 

•	 Review corporate financial data for assurance of long-term financial and liability
 

responsibilities in the operation and closure or post-closure of specific hazardous waste
 

facilities.
 

4. INTERIM STATUS PERMITS 

A.	 Applicability" ----- -

Interim status regulations establish minimum standards that define the acceptable management 

of hazardous waste during what is termed the "interim status period." Interim status continues, 

until a unit's Part A and Part B permits are approved, certification of final closure or, if the
 

facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled.
 

Requirements applicable to qualifying for, operation during, -changes during, and termination of 

interim status can be found at IDAPA 16.01.05.012 [40 CFR Part 270, Subpart G]. The interim C)

status standards for owners and operators of hazardous waste-treatment, storage, and disposal 

20 Idaho Hazardous Waste Program Summary -- March 2000 
• (TSD) facilities can be found at IDAPA 16.01.05.009 [40 CFR Part 265]. These standards are 

very similar to the standards for permitted units at IDAPA 16.01.05.008 [40 CFR § 264] and 

include such requirements as financial assurance, contingency planning, and training. However, 

the differences, regardless of how subtle they may appear, can mean the difference between 

compliance and non-compliance for the interim status facility. 

Outside the INEEL, interim status standards are most often applicable in situations where 

unpermitted hazardous waste treatment, storage, or disposal has occurred. Generally speaking, 

the illegal activity has ceased, and the current owner (and perspective permittee) are subject to 

post-closure permitting requirements under corrective action. Additional information regarding 

HWMAlRCRA corrective action is discussed later in this chapter. Note: Recently promulgated 

(HSWA) EPA rules allow the requirements ofpost-closure and necessary corrective action 

permitting to be conducted under alternative authorities such as consent orders. 

B. Review of Requests for Interim Status 

Interim status facilities were more common shortly after the inception of RCRA. Interim status 

was made available primarily for those TSD facilities already operating when the RCRA was 

promulgated, providing an interim period to achieve permitted or closed status. Interim status 

might be requested in the event regulations are promulgated that render previously nonhazardous wastes to be hazardous. Any request for interim status should be considered unusual 

and must-be brought to the attention ofthe State Program. 

• C. Modification and Termination ofInterim Status
 

IDAPA 16.01.05.012 [40 CFR Part 270, Subpart G] outlines qualification, operation, changes,
 

and termination requirements for interim status. Changes under interim status can be complicated 

as the procedural requirements associated withreview and comments (or non review) varies in 

its prescription depending upon what change is proposed. 

D. Siting License Annlication 

In accordance with the Idaho Hazardous Waste Facility Siting Act; a siting license must be 

obtained prior to submission of a commercial RCRA Subtitle C TSD Facility Permit 

Application: 

5. TSD FACILITY PERMIT APPLICATION 

A. Annlicability 

Except-as specifically provided-otherwise in the applicable regulations, owners and.operators 'of 

all facilities that treat, store, or dispose of hazardous waste are required to obtain permits.. 

Permits establish minimum standards for acceptable management ofhazardous waste. In some 

instances, illegal disposal and/or waste management practices will subject an entity to the 

requirements of interim status closure, which leads to post-closure permitting under IDAPA 

16.01.05.008 [40 CFR Part 264]. Appendix 5 depicts time lines (estimated) associated with 

• 

processing HWMAlRCRA permit applications for hazardous waste treatment and storage units. 

Idaho Hazardous Waste Program Summary -- March 2000 21 
B. Completeness Review 0 

Table 1 of Appendix 5, Flow Chart for RCBA Permitting Procedures, is avisual depiction of
 

the prescriptive steps of IDAPA 16.01.05.008, 012 [40 CFR Parts 264, 270] for processing
 

hazardous waste management permit applications. The Completeness Review of the permit
 

application is done to determine whether the application includes all ofthe required components
 

associated with the particular activity being proposed. DEQ is allowed 30 days to conduct initial
 

completeness review of applications for new units and 60 days for completeness review of
 

applications for interim status units. The "effective date" ofthe application is the date'when DEQ
 

determines that the application is complete.
 

C. Technical Review 

The technical review process, as depicted in Table 1, does not include prescriptive time frames 

for D:gQreview. The reason for this is the broad range ofdetail that could be required depending 

upon what is being permitted. For example, the amount of information submitted in a permit 

application for a hazardous waste incinerator would be significantly more than that for a drum 

storage unit. For any unit subject to hazardous waste permitting requirements, specific subparts 

within the regulations identify the necessary information requirements. However" proper 

application of such requirements involves the use of EPA guidance documents, Federal 

Registers, the RCRA Compendium (a compilation ofEPA responses to questions), and eventhe 

RCRA hotline (11800/424-9346). ' 

If technical deficiencies are identified in the permit application, DEQ' will provide specific ' 

comments identifying the deficiencies. It is expected that DEQ will identify all deficiencies in ..j 

the initial notice of deficiency (NOD). The importance of this expectation is that future'
 

comments associated with the technical review should only address materials submitted in
 

, response to DEQ's previous NOD.
 

A. T. Kearney developed several checklists that are helpful guidelines for review of permit
 

applications. These checklists are available in the HWMA permitting library.
 

D.	 Permit Drafting 

When DEQ has determined that the application is technicallycomplete, it is the responsibility 

of DEQ to prepare a draft permit. The draft permit is expected to consist of modules and 

attachments that establish the minimum standards with which the Permitter must comply. 

Examples are available in the .form of Idaho's current, approved Part B permits and specific 

guidance produced by EPA. It is expected thatduringthetechnical reviewprocess, permit 

Writerswill work with'the PermIttee to develop documents (within the application) to be used 

as specific permit attachments such as Waste Analysis Plans, Contingency Plans, Inspection 

Forms, etc. 

E. Public Notice 

When the draft permit is complete, DEQ must notify the public and make the draft permit 

available for review and.comment during a 45-day public comment period. The entire public (~)

notice process for hazardous waste management permits is codified atIDAPA 16.01.05.013.[40 \---. 

CFR Part 124]. The requirements for public notice are detailed and require very strict adherence. 

22	 Idaho Hazardous Waste Program Summary -- March 2000 ' 
I

• Adequate public notification for draft hazardous waste management permits is the responsibility 

.ofDEQ and is the public's primary opportunity to provide input to the development ofoperating 

. permits for facilities and units operating in their respective communities. 

F.	 Final Permitting Decisions 

When the 45-day public comment period is complete, it is the responsibility ofDEQ to respond 

to comments "received. All comments must be addressed, even ifthe response is simply to state. 

that the comment was considered and no action will be taken. If, based upon the comments, DEQ 

determines that changes will be made to the draft permit, it is. then necessary to determine 

whether such changes warrant additional public notification. If not, DEQ will notify the facility 

mailing list and the permittee that the permit is being approved with any changes made. The 

public and the permittee then have 30 days to appeal the draft permit before it is made effective 

(fmal). In the event no comments are received, the permit will be made effective on the date that 

the facility mailing list and the facility are notified. . . 

6. CLASS 1 PERMIT MODIFICATIONS 

• 

A. Degreesffypes ofClass 1 Modifications 

IDAPA 16.01.05.012 [40 CFR § 270.42, Appendix 1] provides guidelines for determination of 

the class applicable to a permit modification. Two basic types ofClass 1"permit modifications 

exist. One is a general Class 1 modification subject only to the procedural requirements found 

at IDAPA 16.01.05.012 [40 CFR § 270.42(a)]. The other type is subject to the stated procedural 

requirements, but is also subject to prior approval ofthe DEQ Administrator. 

B.	 Prescriptive Time Frames 

Except where prior Administrator approval is required, the permittee must notify the 

Administrator ofClass 1pennit modifications within seven calendar days after the change is put 

. into effect. In addition, within 90 days after the change is put into effect, the permittee must send 

a notice ofthe modification to all persons on the facility mailing list. Note: The Facility Mailing 

List is maintained by DEQ in accordance with the requirements ofIDAPA 16.01.05.013 [40 

. CFR § 124.10(c)(viii)]. 

C.	 Reyiews and Responses. 

Unless a Class 1 permit modification requires prior Administrator approval, modifications ofthis 

type do not require specific approval from DEQ. However, conducting a review of a requested 

modification, either at its own discretion or at the request of an interested party, is possible for 

---.-----~DEQ;If;-·based-on-such-a--review;-the-Administrator-identifies·-cause-for-rejection of-the-- :.- .. --.- ­

modification, the Administrator must inform the Permittee by certified mail that themodification 

has been rejected explaining the reason for rejection. In this case, previous permit language is 

applicable. 

n	 Tracking and Permit Maintenance 

• 

All correspondence associated with permit modifications must be maintained as part of the 

Administrative Record for the respective facility or unit. In addition, changes must be 

incorporated into the final permit document maintained by DEQ. 

Idaho Hazardous Waste Program Summary -- March 2000 23 
7. CLASS 2 PERMIT MODIFICATIONS () 

A.. Applicability 

IDAPA 16.01.05.012 [40 CFR Part 270.42, Appendix 1] provides guidelines for determination 

of the class applicable to a permit modification. Class 2 permit modifications tend to be more 

detailed than Class I modifications and are subject to substantially different procedural 

requirements. 

B.	 Prescriptive Time Frames 

Class 2 modifications involve very detailed time frames, as prescribed in the applicable 

regulations. DEQ must be responsive to these time frames to assure the necessary level of 

regulatory oversight ofwaste management activities. 

. Within seven days before or after the date of submission of a Class 2 modification request, the 

permittee must publish notice ofthe modification request in a major local newspaper of general 

circulation, as specified at IDAPA 16.01.05.013 [40 CFR § 124(c)(ix)]. The notice must include 

announcement of a 60-day comment period in accordance with IDAPA 16.01.05.012 [40 CFR 

§ 270.42(b)(5)] and announcement ofthe date, time, and place for a public meeting to be held 

in accordance with IDAPA 16.01.05.012 [40 CFR § 270.42(b)(4)]. 

The permittee must hold a public meeting no earlier than 15 days after the publication of the 

required notification and no later than 15 days before the close ofthe required 60-day comment 

period. 

No later than 90 days after receipt ofthe notification request, the Administrator must take action, 

as specified at IDAPA 16.01.05.012 [40 CFR § 270.42(b)(6)]. Ifthe Administrator fails to take 

action. by day 120 after receipt of the modification request, the permittee is automatically 

authorized to conduct the activities described in the modification request for up to 180 days, 

without formal DEQ action. Subsequent time frames may apply ifthe Administrator fails to take 

.further action on the requested modification (see IDAPA 16.01.05.012 [40 CFR § 

270.42(b)(6)(iv)]). 

A permittee may perform any construction associated with a Class 2 permit modification request 

beginning 60 days after the submission ofthe request unless the Administrator establishes a later 

date for commencing construction and informs the permittee in writing before day 60. 

- -	 _. ppo. __ • __ " _ 

C.	 Reviews. Responses. and Tracking. 

Because ofthe litany ofprescriptive time frames associated with Class 2 permit modifications, 

it is imperative that there be a single responsible HWMA permitting contact capable of 

conducting a review ofthe request and developing draft responses to them. IDAPAI6.01.05.012 

[40 CFR § 270.42(b)] should be the starting.point for review and.schedule development for DEQ 

response to a Class 2 permit modification. 

The review of a Class 2 permit modification request can, depending upon the .nature of the 

proposed permit chariges, involve a significant amount of effort. As with the initial TSD facility 

Idaho Hazardous Waste Program Summary -- March 2000 

- - ----.., 

24 
• permit application, changes to an approved permit must be considered in light ofthe applicable 

regulations. 

D.. Public Notice Requirements	 . 

Unless the Administrator takes action necessary to reclassify the modification as a Class 3 

modification, public notification requirements associated with a Class 2 modification are the 

responsibility ofthe Permittee. As stated in previous sections, many prescriptive requirements 

are involved in a Class 2 permit modification request. Many ofthose requirements involve public 

notification. 

E.	 Permit Maintenance 

As with any other HWMA permit-related action, correspondence pertaining to a Class 2 permit 

modification request must be retained as part ofDEQ's Administrative Record for the facility, 

The individual responsible for this documentation will also be expected to make the necessary 

page and electronic changes to DEQ's copy ofthe permit to ensure it is kept current. 

8. CLASS 3 PERMIT MODIFICATIONS 

• 

A. Applicability 

IDAPA 16.01.05.012 [40 CFR Part 270.42, Appendix 1] provides guidelines for determination 

ofthe class applicable to a permit modification. Class 3 permit modifications tend to be the most 

substantial ofthe modifications provided for at IDAPA 16.01.05.012 [40 CFR § 270.42]. 

B. DEQ Level.ofResponsibility 

The permittee is required to provide an announcement ofa 60-day comment period including the 

name and address of a DEQ contact to whom comments must be sent. After the conclusion of 

the comment period, the Administrator must grant or deny the permit modification request 

according to the permit modification procedures ofIDAPA 16.01.05.013 [40CFR Part 124]. In 

addition, the Administrator must consider and respond to all significant written comments 

received during the 60-day comment period. 

C.	 Reviews. Responses. and Tracking 

Many prescriptive time frames are associated with the submittal, public notice, public hearing, 

and response to Class 3 permit modifications. As for Class 2 modifications, it is imperative that 

there be a single responsible HWMA permitting contact capable of conducting a review ofsuch 

a request and developing draft responses to them. IDAPA 16.01.05.012 [40 CFR § 270.42(c)] 

should be the starting point for review and schedule development for DEQ response to a Class 

3 permit modification. 

Class 3 permit modifications generally involve a significant amount of effort for both DEQ and 

the Permittee, As with the initial TSD facility permit application, changes to an approved permit 

must be considered in light ofthe applicable regulations. 

•
 

Idaho Hazardous Waste Program Summary -- March 2000 25 
D.	 Public Notice Requirements 0 

With the exception of DEQ responsibility associated with comment response and acting as a 

designated DEQ contact as specified in the Permittee's 60-day public comment period,public 

notification requirements associated with Class 3 modifications are the responsibility of the 

Permittee. 

9. TEMPORARY AUTHORIZATIONS 

A. Applicability 

Upon request ofthe Permittee, the Administratormay, without prior public notice and comment, 

grant the permittee a temporary authorization. Subject to specific conditions identified at IDAPA 

16.01.05.012 [40 CFR § 270.42(e)(2)], a Permittee may request a temporary authorization for
 

. activities associated with certain Class 2 and Class 3 permit modification requests.
 

B. Review and Application 

Temporary Authorizations require a detailed review of proposed the activities by DEQ. The 

activities must be in compliance with all applicable requirements ofIDAPA 16.01.05.008 [40 

CFR Part 264]. Because the technical review of such an authorization request can vary in 

complexity, the Administrator need only approve or deny the temporary authorization request 

as quickly as practical. IDAPA 16.01.05.012 [40 CFR § 270.42(e)(3)) includes specific findings 

that must be made by the Administrator prior to granting a request for temporary authorization. 

C. Extensions	 () 

A temporary authorization may be reissued for one additional term of up to 180 days provided 

the Permittee has requested a Class 2 or 3 pemiit modification for the activity covered in the 

temporary authorization and the Administrator has made any determinations required by IDAPA 

16.01.05.012 [40 CFR § 270.42(e)(4)]. 

10. TSD FACILITY CLOSURE - INTERIM STATUS 

A. Applicability 

The requirements of interim status closure can be applied to units that have documentation 

meeting interim status, as well as those without such documentation. Therefore, units that have 

engaged in illegal treatment, storage, or disposal ofhazardous wastes may be required to meet 

the requirements ofHWMA closure. Interim status closure requirements, in the case of closure 

where wastes ar~~fL"iI).p-Ia~c::," ID~h14~ directingthepermittee to_the.IDAPAJ_6.01.05.008 [40 

CFR Part 264] requirement to obtain a post-closure permit. 

B.	 Plan Review and Comment 

For interim status closure, a facility or unit is required to have a written closure plan. A copy of 

the most current plan must be furnished to the Administrator upon request In addition, for 

facilities without approved plans, a closure plan must be provided during site inspections, on the 

day ofinspection, to any officer, employee, or representative ofDEQ who is duly designated by f) 

the. Administrator. The closure plan must meet the requirements ofIDAPA 16.01.05.009 [40 ~_

CFR Part 265, Subpart G]. . . 

26 Idaho Hazardous Waste Program Summary -- March 2000 
• In cases where a facility does not have an approved plari, the facility must submit a closure plan 

to-the Administrator within a prescribed time (depending upon the type ofwaste management 

involved) prior to the date on which final closure will begin. Many other prescriptive time frames 

apply to interim status closure plan submittal, review, response, completion, etc. These 

requirements can be found at IDAPA 16.01.05.009 [40 CFR Part 265]. 

Depending upon the type ofunit being closed, specific closure requirements are often included 

. within the applicable subparts ofIDAPA 16.01.05.009 [40 CFR Part 265]. The closure plan 

approval process is expected to result in a closure plan that minimizes the need for further 

maintenance, controls, minimizes or eliminates post closure escape of waste constituents, and 

complies with the closure requirements of the applicable subparts. Extensive guidance is 

available through either the DEQ HWMAlRCRA Permitting Library and from EPA. 

Perhaps the most important negotiated component ofthe interim status closure plan is the closure 

performance standard. This essentially answers the often asked question (in ReRA circles) of 

"how clean is clean?" A variety of considerations go into the development of unit-specific 

closure performance standards, not the least ofwhich is sample collection, sample analysis, and 

the objectives sought to be achieved by sampling and analysis. 

• 

The prescriptive requirements of Subpart G include identification of disposal facilities and 

options for closure-generated wastes, post-closure care and use of property, certification of 

closure by a professional engineer, cost estimation, and much more. 

Note: As with HWMA permits, HWMA closure plans are subject to financial assurance 

requirements. However, these requirements db not apply to federal facilities. 

C. Public Notification 

Although the requirements ofIDAPA 16.01.05.013 [40 CFR Part 124] may be used as guidance 

for public notification of a closure plan, IDAPA 16.01.05.009 [40 CFR § 265.112(d)(4)] 

specifies the public notification requirements for an interim status closure plan. These provisions 

include newspaper publication, possibility of public hearing, and amendment response times. 

D.. Follow Through 

An approved closure plan is comparable to a hazardous waste permit in that it must be precisely 

adhered to and the conditions ofthe plan are subject to HWMA enforcement authorities. Unless 

specified differently within the approved plan, completion of closure activities is subject to the 

time and proceduralrequirements of IDAPA 16.01.05.009 [40 CFRPart 265, Subpart G]. 

. Subsequent amendment ofthe approved plan is also subject to the modification requirements of 

IDAPA 16.01.05.012 [40 CFR § 270.42]. 

Within. 60 days of completion of closure, the owner must submit to the Administrator; by 

.registered mail, a certification that the hazardous waste management unit or facility has been 

• 

closed.in accordance with the specifications in the approved closure plan. This certification must 

be signed by the owner or operator and by an independent registered professional engineer. Such 

Idaho Hazardous Waste Program Summary -- March 2000 27 
information will be the basis for the Administrator releasing the owner or operator from any 0 

applicable financial assurance requirements. 

E.	 Post-Closure 

Specific post-closure requirements for closed interim status facilities begin at IDAPA 

16.01.05.009 [40 CFR § 265.1,17]. Post-closure for HWMA regulated facilities generally leads
 

to the permitting requirements ofIDAPA 16.01.05.008 [40 CFR Part 164].
 

11. TSD FACILITY CLOSURE - APPROVEDIPART B PERMITTED 

A.	 Applicability 

All owners and operators ofhazardous waste management facilities are subject to closure and, 

possibly, post-closure requirements. Therefore, the permittee is required to submit a plan for 

closure as part of the permit application. The closure plan is subject to review, comment, and 

revision in conjunction with the permit application, drafting, and approval process. 

B.	 Plan Reyiew and Comment 

While closure plans must be submitted with the permit application post-closure mayor may not 

be addressed in the permit application process. For hazardous waste disposal units, and most 

waste piles and surface impoundments, a plan for post-closure must be included in the permit 

application. Surface impoundments and waste piles not otherwise required to prepare contingent 

post-closure plans must submit a post-closure plan to the Administrator within 90 days of the 

date it is determined that the unit must be closed as a landfill. Note: As with HWMA permits, () 

HWMA closure and post-closure plans are subject to financial assurance requirements. 

However, these requirements do not apply to federal facilities. 

C.	 Public Notification 

Amendment of closure and post-closure plans is subject to the permit modification procedures 

previously described in this document, and as found at IDAPA 16.01.05.012 [40 CFR Part 270]. 

D. Follow Through 

An approved closure plan must be precisely adhered to. The conditions ofthe plan are subject 

to HWMA enforcement authorities. Unless specified differently within the approved plan, 

completion of closure activities is subject to the time and procedural requirements ofIDAPA 

16.01.05~008 [40 CFR Part 264, Subpart G]. . 

- Within 60 daysofcompletionofclosure, theowner must submit to the Administrator, by
 

registered mail, a certification that the hazardous waste management unit or facility has been
 

closed in accordance with the specifications in the approved closure plan. This certification must
 

be signed by the owner or operator, and by an independent registered professional engineer. Such
 

information will be. the basis for the Administrator releasing the owner or operatorfrom any
 

applicable financial assurance requirements.
 

()
 

28 Idaho Hazardous Waste Program Summary -- March 2000 
• 

E. HWMA Corrective Action 

In cases where hazardous wastes have been systematically disposed, .or released to the 

environment, IDAPA 16.01.05.009 [40 CFR Part 265] (interim status) regulations may be 

applicable. Ifso, these areas of disposal or release are considered to be waste management units. 

In many (most) cases of this type, the regulated entity will attempt to extract themselves ·from 

the permitting requirements by performing corrective measures (also subject to regulatory 

requirements) to remove the hazardous waste from the identified disposal facility. Determining 

the applicability ofHWMA to these types of facilities is important for regional representatives. 

Regardless of whether or not such a determination is accurately made, permitting, closure, and 

post-closure requirements will continue to apply to such an entity until the provisions of the 

HWMA are specifically met. 

• 

Although the HWMA was not intended to function as a corrective action authority, recent ·rules 

and guidance developed by EPA's Office of Solid Waste (OSW) are designed to facilitate 

corrective action under interim status closure or alternate permitting authorities under 

HWMAIRCRA (See Management ofRemediation Waste Under RCRA and Management of 

Remediation Waste Under RCRA - Road Map, Appendix 6). Due to the process through which 

rules are or are not adopted in the state ofIdaho, close coordination ofHWMA corrective action 

between the SO and RO is required. For additional perspective as to HWMA Program 

expectations pertaining to corrective action, see the July 1999 Interim EPA Region 10 Policyfor 

Corrective Action Cleanup Under a State Non-RCRA Authority in States Authorized for 

Corrective Action (Appendix 7). 

Included in the Corrective Action component ofHWMA permitting is post-closure permitting. 

In situations where corrective actions do not achieve "Clean closure" of regulated units, IDAPA 

16.01.05.009 [40 CFR Part 265~ Subpart G] requires full subpart B permitting of the uriit(s) as 

post-closure units. These types of permits currently exist in the following DEQ regions: Boise, 

Twin Falls, and Idaho Falls. Responsibility for permitoversight and continued corrective action 

associated with post closure units in Idaho has been passed to the respective regions. The 

resource commitment associated with oversight of these permits is relatively small. However, 

the applicable requirements are specific to HWMA and differ substantively from Idaho's other 

permitting and/or corrective action programs. Regions are encouraged to work closely with the 

SO to maintain consistent oversight ofthese permitted facilities. 

•
 

Idaho Hazardous Waste Program Summary -- March 2000 29 
•
 

Appendix 1
 

Memorandum of Agreement
 

between the United States Environmental Protection Agency,
 

Region 10, and the Idaho Division of Environmental Quality.
 

• 

•
 
- -

',.-.i' /---r. I'dk~c-i(' --

c·

.. " .' . ~~

F1EC~rVE.D

r,.: •
.: ' ...:.:::; 

-

• 

. 

<_. •

... 

NOV 0 6 1998 

MEMORANDUM or AGREEMENT BETWEEN ON.OfENVIRoNMENTALQUALm'

AIR aHmFlDOUS WAS'TF 

THE STATE OF IDAHO 

AND 

. THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

I. GENERAL 

TIllsMemorandum ofAgreement (hereinafter "Agreement") establishes policies, responsibilities, 

and procedures pursuant to 40 CF:R 271.8 for the' State of Idaho Hazardous Waste program (hereinafter 

"StateProgram") authorized under §3006 of the Resource Conservation and Recovery Act of 1976 (42 

USC 6901 et seq. as amended (public Laws 94-580, 95-609,96-463,96-510,96-482,97-272;98-45, and 

98-616) (hereinafter "RCRA"), and the United States Environmental Protection Agency Regional Office 

for Region 10 ·(hereinafter "EPA"). This Agreement further sets forth the manner in which the State and 

EPA will coordinate the State's administration and enforcement of the State Program and pending State 

aUthOrizatiOn and EPA's administration ofthe non-delegated provisions ofthe Hazardous and Solid Waste 

Amendments of 1984 (HSWA). For purposes ofthis Agreement, references to "RCRA!' include HSWA. . .' . . . .' . .' . '. 

This Agreement is entered into by the Administrator, Division ofEnvironmental Quality, ofthe . 

Idaho Department 'of Health and Welfare (hereinafter "DEQ Administrator" or "the State") .and the 

Regional Administrator, EPA Region 10 (hereinafter "Regio.nal Administrator". or "EP~'~).

For administrative purposes, the Idaho Division of Environmental Quality will serve as lead 

agency to simplify coordination and communication between the State' and EPA. Nothing in this 

Agreementshall beconstrued to restrict in any way EPA's authority to fulfill its oversight and enforcement 

responsibilities under RCRA. Nothing in this Agreement shall be construed to contravene any provision 

of40 CFR Part 271. 

The parties will review this Agreement jointly at least once a year (and other times as 

appropriate) during preparation of the annual State Grant Work Plan, in connection with grant funding 

under §3011-ofRCRA>--'-- - -- . - -----

This Agreement may bemodified upon the initiative of either party in order to ensure consistency 

with State Program modifications made or-for any other purpose mutually agreed upon. Any revisions or 

modifications to this Agreement must be .in writing and must be signed by the State and the Regional 

Administrator. This Agreement will remain in effect. until such time as State Program authorization is 

withdrawn by or is voluntarily transferred. to EPA according to the criteria and procedures established in 

40 C.F~ 271.22 and 40 ~FR 271.2~ .or until replaced by a revised Agreement signed by the DEQ 

Administrator and the Regional Administrator. . _ - _ 

Memorandum of Agreement 

Page 1 of 13 . 

'?P\lic::prf nO/17/0f. 
. ~. .'	 "".: C~
 To ensure effective program review, the State agrees to allow EPA access to all files and other ­


r-' "'\ information requested as deemed necessary by EPA for reviewing State Program administration and
 . ,,:' 

enforcement subject to any applicable restrictions ofthe Idaho Public Records Act, Idaho Code § 9-337 

et.seq. EPA agrees that all requests for information will be coordinated in advance. " 

Review ofState files may be sch~duled 'at quarterly intervals. Program review meetings between 

the State and EPA will be scheduled at least fifteen (15) days in advance unless agreed to differently. A 

tentative agenda for the meeting will be prepared by EPA. 

B. "	 Identification of Priority Activities 

The State and EPA agree to develop, on an annual basis as apart ofthe State Grant Work Plan, 

criteria for priority activities, including activities regarding handlers of hazardous waste. These criteria 

will be. based on. guidance issued by EPA in the annual" Agency Operating Year Guidance/RCR.-\ 

Implementation Plan and other guidance documents as may be appropriate, 'and will serve to identify those 

activities. which should receive the. highest priority during-the grant period. : 

Examples ofactivities which will be considered high priority will include, but not be limited to, 

facilities 'to be inspected, facilities to be permitted, and enforcement against facilities with. known or 

suspected ground-water contamination. . . '" . 

IV. "".	 INFORMATION SHARING 

..... ~".'I\ A• General
 ...-/
 

As the national hazardous waste-program matures, the respective 'roles and responsibilities in this"
 

StateIEPA partnership will become more clear.' During the annual review ofthis Agreement the State and
 

.EPA will carefully examine the following information sharing provisions for needed revisions.
 

B. 

1.	 EPA will keep the State' informed of the content and meaning of federal statutes, regulations, 

. guidelines, standards.. policy decisions, directives,. and any other factors that may affect the State 

Program. EPA will also provide general technical guidarice to the State. EPA will share with 

the State any national reports developed by EPA from the data submitted through State reporting .requirements. . -.. _. -_.	 _.-- -_._- --...' 

2.	 The State and EPA have agreed to a joint permitting process (see. Section V.D of this 

Agreement). 'Under this process the State and EPA have established policies and procedures by . 

which each will pursue their respective and/or joint responsibilities under HSWA . 

. The State and EPA agree to the sharing of information as specified under Section V.D of this 

I Agreem~nt and the aru:ual.State Grant Work P~an. Spe~ifically i~cluded.shall be the pr(»~::~.:~eU I for shanng and coordinating the exchange ofinformation on the followmg:' . I. 

Memorandum ofAgreement
 

Page 3 of 13
 

R pv; c;:p~ nQIl 7/0':' 
,. c. Information indicating the status. of the State's permitting, closure, post-closure, and 

. , ground-water monitoring: 

d.	 Various reports designed to accurately describe thestatus ofthe State's authorized program 

including biennial reports swnmarizing the quantities and types of hazardous waste 

generated, transported, treated, stored and disposed· in the state. The State may modify and 

will transmit to applicable handlers EPA Biennial Report forms to ensure the format . 

reflects current state statutory and/or regulatory authority; and 

e.	 State decisions to grant variances, waivers, .and delisting requests made by hazardous 

waste handlers. 

3.	 The State agrees to provide EPA with a copy of any decisions regardingrequestsmade by 

hazardous waste handlers to change their classifications (e.g., requests to be deleted as generators 

but to retain facility status) and facility requests to make on-site changes prior to permit issuance 

(e.g., requests to handle additional wastes not identified on the facility's.original notification and 

RCRA Part A Permit Application.) 'Generally, these issues are addressed during the EPA/State 

quarterly sites meetings. 

:.


4. The State. agrees to provide EPA when requested, copies of reports resulting from any
 

compliance inspections and subsequent enforcement actions such as actions against CERCLA
 

waste receiving facilities and federal facilities..
 

.: 5. The State '-011 make available any pertinent information requested by EPA within a mutually

._.... agreed' upon time frame.. Information provided to EPA will be SUbjectto the terms ofthe Idaho 

Public Records Act, Idaho Code § 9-337 et. seq. ,At the discretion of the Director, "made 

available" may mean temporary access in lieu of actual delivery to.EP~. ' 

.	 . . 

6.	 The State agrees to provide EPA with a copy of each State decision regarding variances, waivers, 

and delisting petitions at the time such requests are granted. The State agrees to provide EPA. 

with a copy of each proposed variance, waiver, or delisting submittal at the time it is received. 

If granting of a variance, waiver, or delisting would impair theState's equivalency; i.e., impose 

standards less stringent than RCRA, the EPA will confer with the State to resolve these issues. 

The State agrees not to issue a waiver, variance, or delisting which would render 'the State 

Program less stringent than that ofEPA. . 

D.	 Site-Visits _. 

EPA is responsible for maintaining reliable national data on hazardous waste management. This 

data is used to report to the President and Congress on the achievements of the hazardous.waste program 

and to support EPA's regulatory development efforts. If additional information is required, EPA will seek 

to gain this information from the State. The State of Idaho agrees to supply the Regional Administrator 

with this informaicri if :::~.:!;!y available and as resources allow. If the State is .unable to provide t1::: 

enformation or if it- is necessary to supplement the State info~ation, EPA may conduct a special survey 

Memorandum 'ofAgreement
 

Page 5 of 13
 

Revised 09/1 7/96
 
, \: '., . 

B. EP A Overview of State Permits ···· ..c

.'\ 

While EPA may comment on any permit application or draft permit, EPA's overview. 

will focus primarily on those facilities identified by the. State and EPA in Idaho's RCRlS generatec . 

Quarter Plan, annual State Grant Work Plan and the State's' Program Description. 

. EPA may comment in writing on 'any draft permit or proposed permit modification, whether or 

not EPA commented on the permit application, within forty-five (45) days of its receipt. EPA should be 

notified by the State and be allowed at least as long to comment as the public at large; this time period 

should be tied to the State's public participation process. Where EPA indicates in a comment that issuance, 

modification, reissuance, termination or denial ofthe permit would be inconsistent with the approved State 

Program, EPA shall include in the comment: . .	 . 

a.	 a statement of the reasons for the comment" (including the section ofthe State or federal 

law or regulations that supports the' comment), and' 

b.the actions that should be taken by the State in order to address the comment (including 

. the conditions which the permit would include if it were issued by EPA). . 

The State Director and EPA Regional Administrator agree to meet or confer, within thepermit 

review period, whenever necessary to resolve a disagreement between their staffs on the terms of any 

State-issued permit. EPA shall send a copy of its 'written comments to the permit applicant. EPA sh(--~ \ 

withdraw such comments when satisfied that the State has met ~r refuted its concerns and shall al~~/

.. .. ~.	 provide the permit applicant with copy ofsuch withdrawal. --' 

Under §3008(a)(3) ofRCRA, EPA may terminate a State-issued permit in accordance withthe 

procedures of 40 CFR Part 124, Subpart E, or bring an enforcement action in accordance with the 

procedures of 40 CFR Part 22 in the case of a violation of a State Program requirement. In exercising 

these authorities, EPA will observe the conditions established in 40 .CFR271.19(e). 

The State agrees to provide EPA with the following information in the timeline as specified for 

sites identified in the Annual State Grant Work Plan. 

Copies offacility permit 

-. "applications, revisions.. 

additions, and permit 

modification requests. 

Copies ofNODs, final draft 

permits, proposed permit 

modifications, publicnotices, 

fact sheets. 

Copies of final permit or 

permit modifications. 

Within fifteen (15) working days 

of receipt. 

Within fifteen (15) working days 

of completion and at least seven 

(7) working days prior to public notice 

or a mutually agreed time frame. 

Within ten (10) working days of (; completion. 

Memorandum of Agreement
 

Page? of 13
 ..... --.:_-.... flO/17/Q(i 

I 
• . The State agrees that any compliance schedule contain~d in any permit issued will require 

(' ') compliance with apnlicable standards within a specified time period. The State may issue 2 variance to 

'-.:_.,/ a perminee under Idaho Code §39-4409(7) and IDAPA §16.01.05.356. 

The State agrees to consider all comments EPA makes on permit applications and draft permits. 

The State will satisfy or refute EPA's concerns on a particular permit application, proposed permit 

modification, or draft permit in writing before issuing the permit or making the modification. 

D. Joint Permitting Process 

Pursuant to RCRA §3006(g)(l), EPA has the authority to issue or deny permits or those portions 

of permits to facilities in Idaho for the requirements and prohibitions in or stemming from HSWA until" 

the State'sprogram is amended to reflectthose requirements and pr-ohibitions and authorization is received 

for the portion or portions ofthe State Program. . 

. EPA' and IDHW herebyestablish this joint permitting process for the issuance ofRCM permits 

in Idaho. This joint permitting processis established in accordance with §3006(c)(3) of RCRA. A. 

determination on which sites may require joint permitting will be' made by the State and EPA. 

Accordingly, revisions to the State Grant.Workplan will be negotiated at least annually.. 

The State and EPA agree to use state personnel to act on behalf of EPA in exercising the 

dministrativ.e lead for all facility-requested permit modifications resulting from anewly promulgated . 

• SWA regulation, adopted as a matter of State law, but not yet authorized by EPA. The State shall be 

:~. responsible for notifying EPA in situations in which the State is unable to act as the administrative lead 

-./"	 agency. For such permit modifications the State shall be responsible for the preparation of all related 

documents. EPA shall provide written confirmation/agreement on proposals and interpretations resulting 

from unauthorized HSWA requirements. All correspondence and permit modifications resulting from an 

unauthorized HSWA requirement will be jointly signed by EPA and the State. The resulting additional 

workload to the .State will be identified and negotiated in the annualState Grant Work Plan and Six 

Quarter Plan. Upon authorization of the State for provisions of HSWA, the specifics of the. joint 

permitting process as set in the annual State .Grant Work Plan shall be amended to reflect that 

authorization. 

E.COMPLIANCE WITH 40 CFR 270.3 

.	 . 

Authorization .of the State does not relieve EPA of its responsibility for .cornpliance with other 

. Federal "laws that may apply toihe issuanceof permits (see 40 CFR 270.3). EPA and Idaho agree to 

coordinate to the greatest degree possible any permit actions to which -the following laws may apply: The 

Wild and Scenic Rivers Act, 16 V.S.c. 1273, et seq.; The National Historic Preservation Act 0(1966, 16 

U.S.c. 470, et seq.; The Endangered Species Actof 1966 U.S.C. 1531, et seq. (including the consultation 

provision of section 7); The Coastal Zone Management Act, 16 U.S.C. 1451" et seq.; and The Fish and 

Wildlife Coordination Act, 16 U.S.c. 661, et seq. The State agrees to consult with EPA when appropriate 

.eOdetermine the potential applicability of these laws to ReRA pennit actions. 

Memorandum of Agreement
 

Page 9 of 13
 

Revised 09/17/96
 
. inspection report provided in compliance with tirn"e frames outlined in the 1996 Enforcement Response0 -.:) Policy, no EPA inspection will be made, unless the Regional Administrator deems the State actions
 

., inadequate. In case of an imminent hazard to human health and/or the environment, the Regional
 

Administrator may shorten or waive the notice period. .
 

. TSD facility 'inspections will be negotiated annually in accordance With the State Grant Work. 

Plan and the Compliance Assurance Agreement. The frequency ofEPA oversight and training inspections 

will be specified in the annual State Grant Work Plan. EPA will negotiate on an annual basis the number 

ofinspections'in which EPA will accompany the State. . . 

The EPA may take enforcement action azainst any person determined to be in violation ofRCRA . .­

in accordance with §3008(a)(2) or upon request by the State. EPA will take enforcement action upon 

determining that the State has not taken timely and appropriate enforcement action or upon request by the 

State. Prior to issuing a compliance order under §3008(a) EPA will give notice to the State. EPA also 

retains its right to issue orders and bring actions under §§3008(h), 3013 and 7003 ofReRA and any other 

applicable Federal statute. After notice. to the State, EPA may take action under §3008 ofRCRA against 

a holder of a State-issued permit on the grounds that the permittee is not complying with a condition of 

that permit. In addition, EPA may take action under RCRA §3008 against a holder of a State-issued 

permit on the grounds that the permittee is not complying with a condition that the Regional Administrator, 

in commenting on that permit application or draft permit, stated was necessary to implement approved 

State Program requirements, whether or not that condition was included in the final permit, . 

...... B. State c .- The State agrees to carry out a timely and effective program for monitoring compliance of 

generators, transporters, and TSD facilities, including federal facilities with applicable program 

requirements (see 40 CFR 271.15). As part ofthis program; the State will conduct inspections to assess 

compliance with 'generator and transporter standards (including manifest requirements), facility staridards, 

permit requirements, compliance schedules, and all other program requirements. Compliance monitoring 

activities and priorities will be specified in the Compliance Assurance Agreement and the annual State 

Grant Work Plan and shall be consistent with all applicable Federal requirements and with the State's 

Program Description. 

The State will inspect on at least a biennial basis, every interim status or permitted non-fede~ai·

TSD facility to enforce compliance with the Idaho Hazardous Waste Management Act, State or jointlyissuedpermits, and ~!_ St~~.te_!~gula1~~n~~_ TSDJ~cUity. iQ~pecti9JlLwillbe_negotiated annually in 

accordance with the State Grant Work Plan and the Compliance Assurance Agreement. Inspections which 

reveal violations ofEPA regulations which the State has not yet adopted will be referred to EPA for further 

action, the exception being for State-issued warning letters which request compliance of the noted EPA 

regulations. More frequent inspections may be performed at TSD facilities (i.e., land disposal, corrective 

. action) as negotiated in the annual State Grant Work Plan process. 

Individuals in the State Program may be designated as EPA representatives under §3007 0[0

RCRA so that t~::: can inspect EPA permitted facilities for ''':'J~ations of the tenus and conditions .0i 

Federal permits. 

Memorandum ofAgreement
 

Page 11 of 13
 

Revised 09/17/96
 
.......... -.
 

r:.•c." Confidentiality olBusiness Information 

'"'-<")' The State agrees to determine whether a record constitutes a trade secret pursuant to Idaho Code 

§9-340(2) within three (3) days, or, upon "notice"to the requestor not longer than ten (10) days from receipt" 

of a request for such record. Records which have not been Claimed as trade secrets by a business at the 

first opportunity at or near the time ofsubmission or collection and have not been the subject ofreasonable 

effort to maintain secrecy, and are not trade secrets within the meaning of Idaho Code § 9-340(2) will be' 

released upon request without further notice to' the business. . 

D. .	 Oversight 

1,	 The State agrees to keep a log of denials ofrequests for information (or "a file containing copies" 

ofdenial letters sent to requestorsjwhich will be made. available to EPA during the State review. 

(	 " "" " 

2.	 The State agrees to keep EPA fully informed of any proposed modifications to its basic statutory 

"orregulatory authority, its forms, procedures, or priorities, as applied to §3006(f). 

3. .	 'The effective d~te ofthis.MOA is the date ofsignature by the Regional Administrator. 

~TATEOFIDAHO . u.S. ENVIRONMENTAL PROTECTION AGENCY 

."; .•EPT. OF HEALTH & WELFARE . REGION 10 

BY: ~.:n~ DEQADMmISTRATOR . 

~A,#('Z"lqqC.	 /O#.&e

DATE: 

c?£r2(1L$ 

"REGIONAL ADMINISTRATOR 

'.
 

Memorandum of Agreement
 

Page 13 of 13
 

Revised 09/17/96
 
C) ,
 

.Mernorandum ofAgreement Between The State ofIdaho and . 

The U.S. EnvironmentalProtection Agency Region 10 

CONCURRENCES POLICY FILE 

Initials: .'J~ &1·tf -0tW \,~ Yes X No 

Name: Hunt 

~;-Z~-\g . 

Eckman " Queitzsch Bussell If policy file please bee 

to RMSPU Manager ... Date: ·Cf(21 11'Y 'l1~1-JCfb . (.... 1.'1. 

\b'" 

RCRISEVENf Yes No Xl 

o
 
•
 

Appendix 2 

Hazardous Waste Inspection and Enforcement References 

• 

• 
ApPENDIX 2 - HAZARDOUS WASTE INSPECTION/ENFORCEMENT REFERENCES •(1) EPAlldaho Memorandum of Agreement, III.A. 

(2) EPA/Idaho Memorandum of Agreement, IV.C.2. 

(3) EPA/Idaho Memorandum of Agreement, IV.C.4. 

(4) EPA/Idaho Memorandum of Agreement, VII.A. 

(5) EPAlldaho Memorandum of Agreement, VII.B. 

(6) Idaho Code 39-108 

(7) Idaho Code 39-108 (3) 

(8) Idaho Code 39-108 (3I(a) 

(9) Idaho Code 39-108 (3I(vi) 

(10) Idaho Code 39-4404 

[11] Idaho Code 39-4412 (1) 

(12) Idaho Code 39-4412 (2) 

[13] Idaho Code 39-4412 (3) 

[14] Idaho Code 39-4413 (A1(1 lIa) 

(15) Idaho Code 39-4413 (All 1lib) 

[16] Idaho Code 39-4413 (AI( 1)(e) 

[17] Idaho Code 39-4413 (c) 

[18] Idaho Code 39-4414 (1) 

[19] Idaho Code 39-4415 

[20] EPA/Idaho Compliance Assurance Agreement, I. 

[21] EPA/Idaho Compliance Assurance Agreement, tlI.A. 

(22) EPA/Idaho Compliance Assurance Agreement, V. 

[23] EPA/Idaho Compliance Assurance Agreement, VI. 

[24] HWMA Civil Penalty Policy, I. 

[25] HWMA Civil Penalty Policy, IV. 

[26]	 HWMA Civil Penalty Policy, V.
 

HWMA Civil Penalty Policy, VI.
 

HWMA Civil Penalty Policy, VII.A.2.
 

• ] HWMA Civil Penalty Policy, VII.A.3. 

(30)	 HWMA Civil Penalty Policy, VII.A.4. 

[31] HWMA Civil Penalty Policy, VII.B~

[32] EPAlldaho Compliance & Enforcement Strategy, II.A. 

[33] EPAlldaho Compliance & Enforcement Strategy, II.B. 

[34] EPA/Idaho Compliance & Enforcement Strategy, II.C. 

[35] EPA/Idaho Compliance & Enforcement Strategy, II.C.3. 

(36) EPA/Idaho Compliance & Enforcement Strategy, III.A. 

[37] EPA/Idaho Compliance & Enforcement Strategy, III.A.1. 

[38] EPAlI,daho Compliance & Enforcement Strategy, III.A.2. 

[39] EPA/Idaho Compliance & Enforcement Strategy, III.A.S. 

(40) EPA/Idaho Compliance & Enforcement Strategy, III.B.1. 

[41] EPA/Idaho Compliance & Enforcement Strategy, III.B.2. 

(42) EPAlldaho Compliance & Enforcement Strategy, III.C.1. 

[43] EPA/Idaho Compliance & Enforcement Strategy, 111.0.2. 

(44) EPA/Idaho Compliance & Enforcement Strategy, III.G. 

[45] EPAlldaho Compliance & Enforcement Strategy, IV. 

J4§]liaza!!!~us W~~!e Science OJfic~!_ Class CodeQ754,2, IPC 

[47] OSHA 1910.134 Respirator Protection Requirements 

[48] 40 CFR 311. 1 

(49) OEQ Health and Safety Plan 

[50] EPAlldaho RCRA Work Plan
 

[51) RCRA, The Law, 3007 (a)(1 & 2)
 

[52) RCRA, The Law, 3007 (e)
 

[53] RCRA, The Law, 3009 

[54) RCRA, The Law, 4007 

, .]RCRA, The Law', 9004 (b)(1 ) 

] RCRA, The Law, 9004 (e)
 

. 7] EPAlldaho Enforcement Response Policy, I.
 

[58] EPA/Idaho Enforcement Response Policy, ILA.
 

[59) EPA/Idaho Enforcement Response Policy, II.B.
 

[60] EPA/Idaho Enforcement Response Policy, II.B.1. 

[61] EPA/Idaho Enforcement Response Policy, II.B.2. 

[62] EPA/Idaho Enforcement Response Policy, II.B.3. 

[63] EPA/Idaho Enforcement Response Policy, II.C. 

[64] EPA/Idaho Enforcement Response Policy, II.C.1. 

[65] EPA/Idaho Enforcement Response Policy, II.C.2. 

[66] EPA/Idaho Enforcement Response Policy, II.C.3. 

(67) EPA/Idaho Enforcement Response Policy, IV, 

[68] Enforcement Procedures Manual, Section 2 

[69] Enforcement Procedures Manual, Section 3 

[70] Enforcement Procedures Manual, Section 4 

[71] Enforcement Procedures Manual, Section 5 

[72] EPAlldaho Hazardous Waste Management Plan, II.C. 

[73] EPAlldaho Hazardous Waste Management Plan, .11.0. 

[74] 10APA 16.01.05.850.01 
•
 

Appendix 3 

Notice of Violation and Consent Order Routing Processes 

• 

• 
• NOTICE OF VIOLATION ROUTING PROCESS 

Regional Office 

Determination of Need 

for NOV· 

Regional Office 

Prepares.a Complete 

Enforcement Referral 

Package for the State 

Program Office 

State Program Office 

Arranges Conference 

Call Among the 

Enforcement Team 

•
 

•
 

Technical Services
 

Drafts the NOV
 

Technical Services 

Group Revises the . NOV 

Regional Office
 

Review
 

State Program
 

Office Review
 

Regional Office 

Review and Approval Attorney General 

Review and 

Approval 

State Program Office 

Review and Approval 

State Program Office Routes NOV for 

Administrator Signature and Mails the 

Signed NOV 
CONSENT ORDER ROUTING PROCESS
 

Compliance 

Conference 

Technical Services 

Group· 

Drafts Consent Order 

Regional Office
 

Review
 

State Program
 

Office Review
 

Technical Services 

Group 2nd Draft 

Attorney General 

Revi.ew 

...... ........ 

State Program Office 

Team Member Conducts 

Conference Call if 

Conflicting Comments 

Warrant 

_ ­

State Program OfficefTechnical Services
 

Group/Attorney General/Regional Office
 

Final Draft
 

State Program Office
 

Routes for Signature
 

State Program Office
 

Mails Signed Copy
 

State Program Office Notifies Team
 

Members Upon Receipt of CO Signed by
 

Facility, and Date the CO is effective
 

• If the responsible party makes changes 

this point 

to 

will 

the 

be 

draft 

repeated. 

Consent Order, the routing process fro (~)
•
 

Appendix 4 

DEQ Enforcement Tracking Log 

• 

•
 

I 
currem tn,ougn week Of 1;t/1 U/llll 

10118199 1119199 12110199 

AshgroV8 Cemem 814199 8118199 8123199 913199 RTC Inkom 9121199 9123199 10119199 1111199 6127199 

Arnold Machine NIA 4m98 10123/98 10130188 Idaho Fells 

1115198 '48.600 

8ellord Medlce' 12117198 2116199 1111199 1126199 1126199 8elle,d 2/17199 3/5199 814199 Poceteno 1/29199 11111199 Reg. Ag.' 

1129199 

'Re9. Ag. 

Incorrect 

Certified Assey 9127199 1018199 RTC Coeurd'Alene 11118199 9/16197 

Reglonel Office 'elerrel 

8119199 

DanceFarm, 10130198 11130198 12116198 12118198 12123198 12/28198 1122/99 9119199 11116199 

Blackfoot 

7113/98 

Double l Menl 3124197 411197 413197 4m97 419197 619197 8121197 913)97 12131197 119198 1124198 

AmericanFells 2nddll 2nd dII '26,170 

919/96 12/2197 12/6197 1126196 

E&GContrecto, 10122/99 1116199 11110199 12/8199 

Pocetello 

8111199 

ESIISile B 3124194 

GrandView 

Evergreen Resources tl117197 

Sade Springs 

1018196 

Green Velley Fertilizer 10130198 11116198 1214198 12/14198 12115198 12/18198 1128199 316199 718199 NIA 

Rigby 

914198 

GTS T,ansmlssion 2120198 3131198 On nold Re~Mp NOV 

leke BlOomProperty) 2nd per AG ached tor Revoked 

Rethdrum 2122199 request 7/fj8 WLin 

4130197 & 7122198 Develop. 

ment 
Current through week of 12110/99 

,.-

Mark Hansen 

CH Ilo M ORCorp) 

Poe.tella 

Hogoyo Antiquo & 7/29/98 H/A 

Restoration 

Nampa 

5/8/96 

IHEEl'98 projcompo 5/25/99 8/9·11199 8/27/99 1st 8/27/99 10/21/99 

Idaho Foils date: 

4115-17/98 record 3/5/99 

roviow 8/8·12/98 & 

7/13-16/98 inspections 

INEEl CNew Issues· NI 8/22/97 7/25/97 8/21/97 8/25/97 'axed hnd del 10114­ hod del 717198 5/6/99 Pold 

9611deho Falls unsgnd 8/26/97 16/97 717198 2ndclfl 5/6/99 

var. recordreview5 8/2t/97 2ndclfl'_ 10/5/98 '385,094 

11118-22196 sgnd 12117· 9/30/98 3rd dfl polly 

8/25/97 18/97 mailed 'ued 8/8/99 

10/1/98 114/99 '114,908 

2110­ 3rd dfl meII SEP 

11/98 1/4/99 1/6/99 

'oaoCt '0.0 

3118­ 2111/99 2111/99 

19/98 fede_ fed 0.0 

2111199 2/16/99 

5/4·5/98 

10/27· 

28/98 

1/26­

27/99 

INEEUNRF 5/20/99 7/27/99 

VCO 

7/16/98 

INEEl 4/3/92 

NON/CO 

Lake Shore Tie & lumber 3/4/99 5/27/99 7/30/99 

Hormer Future Forestry) 9116/99 9/22/99 

Havdan 

3/4/99 

Lynn Industrial 11/19/99 11/24/99 

GardenCity 

09/23/99 

Naval Warfare Center 11/26/99 

Bayview 

6/B/99 

Po1latch 6/10/99 6/30/99 B/12/99 

Lewiston 

9/17/99 

10/19·21/99 

Roundy's Pole fence Co 11/4/99 11/4/99 1120/99 9/14/99 Eogia 

10/21/9B 
,""urrem tnrougn WeeK 01 '1II.1IUI:JI~

O.kot. MIning Corp. 

Yellowplne 

8/4-6, 17- 18/99 

TechnlChem. Inc 8/28199 8/30/99 801•• 

4/21/99 

Stibnlte Mining. Inc. ln199 3/12/99 

Transmission City 3/13/96 11/24/96 12/4/96 TO NOV 3/27/96 4/2/96 4/4/96 6/18/98 8/12196 1/9/97 STIP PNLTY 8/27196 

Pocatello 3/13196 RTNO OF .,0,200 

UNCLMO IF NEEDED 

4130/98 

SNTTO Demendltr 8 R8RTS ••nt 7/8198 CSElRO) 10.1e_ FOR HNO .It. by 

DEL 7/17198 n:vd 4/30198 7/13198 

FIIIIure to 

comply Itr 

eent 

10122198 

usAntlmonv • Preach.,. 12/12196 CoveMine 

Sunbeom 

8/19-20196 

lreLOa~1UOO

RTC • Rotum to Complionc. 

3 
Current through week 01 12/10/99 

cc:	 Steve AllreO'listrator 

Doug Conde . o	 o 

Tim Callanan, AGs 

Kate Kelly, State Waste' 

Brian Monson, State Waste 

Mike Gregory: State Waste 

Eileen Loerch, TS 

Matt Garringer, TS 

Roben Higdem, TS 

Dave Luft, TS 

Natalie McLeod, TS 

Matt Alvarado, Boise RD 

Ron Lane. Boise RD 

John.5utherland. Coeur d'Alene RD 

Catherine Reno, Idaho Falls RD 

Donnie Edwards, Lewiston RO 

Boyd Robens, Pocatello RO 

Bill Allred, Twin Falls RD 

4 
•
 

Appendix 5
 

Permit Processing Timelines
 

and
 

Table 1 - Permitting Flow Chart
 

• 

•
 
. ..
 

•
 

•
 

1 

2 

TIME-LINES FOR PROCESSING 

RCRA HAZARDOUS WASTE STORAGE AND TREATMENT PERMITS 

STAFF DAYS ELAPSED TIME 

MONTHS 

A..	 PRE-APPLICATION MEETING1 7 7 

1.	 Evaluate Facility Including Site Visit if appropriate 

2.	 Determine Idaho - Hazardous Waste Facility Siting Act 

-applicability 

3.	 Discuss Critical Segments of Application, Application Process 

and Time-frames for Final Permit Determination 

4.	 Call-in the Application 

B.	 RECEIVE & REVIEW PERMITS2 83 8 

1.	 Acknowledge Receipt 

2.	 Conduct Initial Completeness Review 

3. Issue NOD or Conduct Comprehensive Technical Review 

-4. Issue 1st NOD 

5.	 Receive & Review Revised Application 

6.	 Issue 2nd NOD ­

7.	 Receive & Review Revised Application 

8.	 Conduct Final Facility Inspection 

_C. PREPARE DRAFT PERMIT	 42 3 

1.	 Draft Permit 

2.	 Draft Corrective Action Module 

3.	 Transmit Draft to Owner/Operator & EPA-Region 10 for -30-day 

Review 

4.	 Incorporate % &/or EPA Comments into Draft Permit 

D.	 PUBLIC REVIEW 15 3 

1.	 Prepare & Distribute Public Notice 

2.	 Prepare for & Conduct Public Hearing (if necessary) 

3.	 Respond to Comments 

D.	 ISSUE FINAL PERMIT 22 3 

1.	 Finalize Permit Incorporating Response to Comments 

2.	 Distribute Final Permit 

TOTAL 162 .	 24 

EXISTING FACILITIES: If the OPB does not have-to "CALL-IN" the Part B pe~it application, six (6) months can be taken off the schedule. 

NEW FACILITIES: Are subj ect to the Idaho Hazardous Waste FacilitySiting Act, 7-12 months would have to be added to the schedule. 

The time-line estimates for REVIEWING PERMITS are based on the issuance 

of two (2) Notices of Deficiencies {NODs}. If additional NODs are 

necessary the time-frames increase approximately 3 months per additional 

• 

NOD . 
•• 

PERM!T PROCESS STEPS 

PRE-APPLICATION MEETING 

There are no set time-frames for conducting these meetings, however enough 

information must be obtained to determine: 

1.	 What sections of the Rules, Regulation and Standards for Hazardous 

Waste are applicable, e.g. IDAPA and 40 CFR equivalents . 

2.	 Whether or not this facility constitutes a "new facility" subject 

to the Idaho Hazardous Waste Facility Siting Act. 

3.	 Whether or not the facility will require other DEQ permits to 

operate, i.e., Air Permit To Construct, Operating Air, Wastewater· 

Land Application Permit, etc. 

Based on the information gathered above and on when the hazardous waste 

facility application would be submitted to the DEQ, a schedule for the final 

administrative disposition of the application would be developed with the 

facility owner/operator. 

RECEIVE & REVIEW PERMITS 

The DEQ provides to the facility owner/operator a written receipt 

acknowledging the date the application was received and how that date fits 

into the schedule for the ·final administrative disposition of the application 

developed in conjunction with the Pre-Application Meeting. 

Conduct Initial Completeness Review
 

Each application submitted for a "new facility" should be initially reviewr-"\
 

for completeness within 30 days of its receipt. Each application submitc\ /
 

for an "existing facility" should. be initially' reviewed for comptet.ene.ss
 

within. 60 days of its receipt.' .
 

Conduct Comprehensive Technical Review
 

Once the initial completeness..review has been' conducted there are no
 

recommended time-frames for conducting the subsequent comprehensive technical
 

review(s) . Similarly, there are no set time-frames for how long an 0/0
 

should.be afforded to respond to a Notice of Deficiency (NOD). However it· is
 

common practice for the DEQto work with the % in establishing how long 

they	 will need to respond to the specific deficiencies. Again it must be 

understood that the time-line estimates for REVIEWING PERMITS are based on 

the issuance of two (2) NODs. If additional NODs are necessary the timeframes increase approximately 3 months per additional NOD. 

Receive & Review Revised Application & Conduct Final Facility Inspection 

After the % submits a completely revised appli~.cation_~hj,ch. J;;atisfies all' 

applicable regulations,- a:--final facility·' inspection is usually warranted to 

ensure that the operations described in the application do in fact coincide 

with the physical operations at the facility. 

PREPARE DRAFT PERMIT
 

A Draft Permit is prepared containing Modules which address any/all
 

applicable regulations, e.g., storage in containers, treatment in tanks, etc.
 

All permits issued .after the HSWA amendments of 1984 must contain corrective)
 

Action Provisions, i.e., a separate Module dealing with the issue. .Once t(
 

DEQ has a draft permit, it is .transmitted to the Owner/Operator & EPA-Regio.."
 

10 for 30-day Review. .
 
• 

The critical elements in determining the HWMA!RCRA time-frames for 

permitting would be: . 

1.	 Is this a "new facility" subject to the Idaho Hazardous Waste 

Facility Siting Act? 

2.	 Does II treatment " include thermal/incineration technologies? 

• 

• 
•
 

TIMELINES FOR PROCESSING
 

RCRA FACILITY PERMITS
 

I. HAZARDOUS WASTE STORAGE & TREATMENT PERMITS 

STAFF DAYS ELAPSED TIME 

MONTHS 

A. RECEIVE & REVIEW PERMITS' 83 8 

.B. PREPARE DRAFT PERMIT 42 3 

C. PUBLIC REVIEW 15 3 

D. ISSUE FINAL PERMIT ...n J 

TOTAL 162 17 

II. HAZARDOUS WASTE INCINERATION PERMIT 

STAFF DAYS ELAPSED TIME 

MONTHS 

A. RECEIVE & DISTRIBUTE PERMIT2 5 1 

B. REVIEW PERMIT 208 12 

C. PREPARE DRAFT PERMIT 62 5 

D. PUBLtC REVIEW 34 3 

E. ISSUE FINAL PERMIT -JlZ J 

TOTAL 371 2!'-~ l_) 

III. . HAZARDOUS WASTE LAND DISPOSAL PERMIT 

STAFF DAYS ELAPSED TIME 

MONTHS 

A. RECEIVE & DISTRIBUTE PERMIT2 5 1 

B. REVIEW PERMIT 232 12 

C.PREPARE DRAFT PERMIT 49 5 

D. PUBLIC REVIEW 34 3 

E. ISSUE FINAL PERMIT -JlZ J 

TOTAL 382 29 

EXISTING FACILITIES: If the OPB has to ·CA~L-IN· the Part B permit application, six (6) months must be added to 

the schedule. . __ 

NEW FACILITIES: Are subject to the Idaho Hazardous Waste Facility Siting Act. To date, only one (1) Siting License 

has ever been issued, the administration ·01 which took seven (7) months. 

'The timeline estimates for REVIEWING PERMITS are based on the issuance of two (21 Notices of Deficiencies (NODsl. 

2This step is incll!ded for Incineration and land Disposal Permits due to the need for Multi-Media coordination. 
FLOW CHART FOR RCAA PERIUTTING PROCEOURES
 

TSD Application eUbmitted
 Ito Director I 

APPl i cat i on reviewedl I for completene.. I • I

I 

Notify applicant in writing ot application'. 

completeness (within 30 days ot .Ubmittal tor new facilities , within 60 day. tor interia 

.tatu. facilities) 

IncolD lete complete 

Notice of Deficiency (NOD) (Regional Administrator " 

lists information needed 

to make application complete) 

Information not
 

submitted
 

appropriate 

In the case ot a IDajor, new facility, prepare' lDail 

to spplicant a project Decision"Schedul~

Information 

sUbmittedl------~

Notity applicant that 

application is complete 

("Bffective date ot 

application") 

Technical "Review of APplication (indeUnite periOd "ot tilte to 

determine technical" soundne••, enforceability. protectiven.e., and comprehensiveness) 

Incom lete 

Notice ot Deticiency (NOD)

(llore than one NOD may be submitted to applicant) e.-

Intormation not submitted 

Permit denied with appropriate enforcelDent action 

Informati 

eUbmitted 

Co lete 

Notity applicant that 

technical review ot 

application i. complete 

Prepare a dratt permit 

Decision etfective 

ilDlDediah1y if 

Decision eftective 

at a later date 

than wae epecified 

Revi_ or 

in notice of tinal 

eVidentiary

hearinq

requested no co_ent. to 

chall98 it w.re, 

received

•
 

Deny Permit 

Issue notice of Withdrawal ot 

intent to deny "notice to deny· 

PUblic notice 

of denial 

45 day public L...---------l co_e~t period 

PUblic hearing, if" requested 

Decision effective 

at 30 days atter 

Unal decision 

decision 

Review denied:
 

decision etfective
 

JUdicial review 

Final permit deciaion 
'.
 

Appendix 6 

Management of Remediation Waste Under RCRA Road Map 

• '

• 
•• 

•••••• 

MANAGEMENT OF REMEDIATION WASTE UNDER ReRA 

ROADMAP . 

• 

GUIDANCE SUBJECT CITATION TOPICS 

AREA 

;!III.,!gl;.III!I~1.1'1111_II[il,i!';i\_IIII:illl1IIII!lltll"111~11f.l1r~!1111 EPA Letter from Michael Information on the Scope and 

Shapiro to Norman Applicability ofthe Area of 

Nosenchuck, March 25, 1996 Con~tionPolicy

EPA Memorandum from Use ofthe Area of Contamination Concept 

Michael Shapiro, StepbenD. During RCRA Cleanups 

Luftig, andJeny Cliffordto 

RCRA Branch Chiefsand 

CERCLA Regional Managers, 

March 13, 1996 

EPA Letter from David EPA Interpretation of "Active 

Bussard to Scott DuBoff, April Management" m the Closing ofWaste 

6, 1994 Management Facilities 

EPA Memorandum and Use ofthe Corrective Action Management 

Document from Sylvia Unit Concept 

Lowrance and Bruce Diamond 

to Waste Management Division 

Directors. RCRABranch 

or Contamination Policy Chiefs. and RCRA Regional Area Counsel, August 31. 1992 (AOC) 

EPA.Letter from Sylvia Applicability ofRCRA Requirements to 

Lowrance to Douglas Green, Common Excavation Activities 

June 11. 1992 

EPA Memorandum from Land Disposal Restrictions (LOR) 

Caroline Wehling to Steven Applicability for Investigative Derived 

Goliaa, April 16. 1991 Wastes 

EPA Letter from Don Clay to Applicability ofLDR Guides 

Richard Stoll, January 7, 1991 

EPA Memorandum from Replacement ofContaminated Soil and 

Sylvia Lowrance to David Debris Treated Under a Treatability 

Ullrich, October 9. 1990 Variance 

_._-_.-. . EPA Letter from Lisa Applicability ofLDR and Permitting 

Friedman to Richard Stoll, 

September 5. 1990 

S5 FR 8758-8764 (March 8. Final National Contingency Plan (NCP) - 1990) Preamble Discussing the Area of 

Contamination (AOC) 

Page 1 of 7 
MANAGEMENT OF REMEDIATION WASTE UNDER RCRA 

ROAD MAP c>

GUIDANCE SUBJECT 

AREA 

CITATION TOPICS 

Superfund LDR Guide #S : Determining 

When Land Disposal Restrictions (LDRs) 

Are Applicable to CERCLA Response 

Actions 

Proposed National Oil and Hazardous 

Area of Contamination Polley 

Superfund Directive: 9347.3-

OSFS; Superfund LOR Guide 

#5 (July, 1989) 

(AOC) • Continued 53 FR 51443-51447 

(December 21, 1988) Substances Pollution Contingency Plan 

(NCP) - Preamble Discussing the Area of 

Contamination (AOC) 

EPA Memorandum from 

Michael Shapiro, Stephen D. 

Luftig, and Jerry Clifford to 

RCRA Branch Chiefs and 

.CERCLA Regional Managers, 

March 13, 1996 

Use ofthe Area ofContamination Concept 

During RCRA Cleanups Which Covers 

Some ofthe Differences BetweenAOCs 

and CAMUs {located with "AOC" 

materials] 

Agency Flexibility in the CAMU Rule 

Appropriate Mechanism 'for Approval of 

CAMU at U.S.S. Lead Facility 

Impact ofCAMU Regulations on the 

Management of"As-Generated" 

Hazardous Wastes 

EPA Letter from Michael 

Shapiro to M.L. Mullins, 

October 18, 1995 . 

EPA Memorandum from 

Devereaux Barnes to Norm 

Niedergang, February 17, 1995' 

Correenve Action 

Management Units (CAMUs) 

& Corrective Ac:tion 

EPA Letter from Sylvia 

Lowrance to Doug MacMillan, 

May 4, 1993 

Temporary Units ('IUs) .58 FR 8658-8685 (February 

16, 1993) 

CAMUs & TUs, Final Rule 

EPA Authority ofCAMUs During a State 

Cleanup Using CERCLA-like Authority 

and Similar State Documents 

-"'.­ - .­ ..­ - --­ - ----.,.-.­ -­ --_ .._-_.-

S8 FR 8679 (February 16, 

1993) 

.'-­ - -­ ..­

,. 

.• 

, . 

II ~~' •• 

1 ";_ ••" 

Page 2 of 7 
••• 

MANAGEMENT OF REMEDIATION WASTE UNDER RCRA 

ROAD MAP 

GUIDANCE SUBJECT 

AREA 

CITATION TOPICS 

Land Disposal Rule Phase N; Preamble 

Discussion on LDR Applicability to 

Contaminated Soil 

Determination of When 

Contamination is Caused by 

Listed Hazardous Waste 

Site-Specific LDR Treatment 

Variances 

--

Treatability Studies 

Exemption 

. -

.

63 FR 28619 (May 26, 1998) 

61 FR 18804-18805 (April 29, 

1996) 

Management ofHazardous Contaminated 

Media (HWIR-Media); Proposed 

Preamble Discussion on Application of . 

LDRs 

Final NCP [located with "AOC" 

materials] 

Proposed NCP - Preamble Discussion on 

Determination ofWhen a Waste is a 

Listed Waste under RCRA 

55 FR 8758-8760 (March 8, 

1990) 

53 FR 51444 (December 21, 

1988) 

63 FR 28606-28608 (May 26, 

1998) 

LDR Phase N Soil Treatment and 

Standards - Preamble Discussion on 

Variance from Soil Treatment Standards 

62 FR 64504-64509 

(December S, 1997) 

Clarification ofStandards for Hazardous 

Waste - LDR Treatment Variances, Final 

Rule 

Use ofSite-Specific Land Disposal . 

Restriction Treatability Variances Under 

40 CFR 268.44(h) During Cleanups 

HWIR-Media Proposal-Preamble 

Discussion on Media Treatment Variances 

EPA Memorandum from 

Michael Shapiro and Steve 

Luftig to RCRA/CERCLA 

Regional Senior Policy 

Managers, January 8, 1997 

61 FR 18828 (April 29, 1996) 

53 FR31199-31200 

(AUgust 17, 1988) 

Preamble Discussion on Non-RulemalOng 

Procedures for Site-Specific LDR 

Treatment Variances 

S9 FR 8362-8366 (February 

18,1994) 

Hazardous Waste Treatability Studies 

Sample Exclusion Rule 

EPA Letter from Sylvia 

Lowrance to"]oseph Paulick, 

September 9, 1992 

- ... 

Clarification ofRCRA Regulations 

Concerning Notification for Treatability 

Studies 

Hazardous Waste Treatability Studies 

Sample Exemptions - Final Rule 

S3 FR 27290-27302 (July 19, 

1988) 

Page 3 of 7 
MANAGEMENT OF REMEDIATION WASTE UNDER ReRA 

ROAD MAP 

GUIDANCE SUBJECT 

AREA 

CITATION TOPICS 

Exemption for Ninety Day 

Accumulation 

51 FR 10168 (March 24, 1986) Exemption for Ninety Day Accumulation 

Permit Waivers 

EPA Memorandum from 

J. Winston Porter to Regional 

Administrators, November 16, 

1987 

RCRA Permit Requirements for State 

Superfund Actions 

EPA OECA Memorandum 

from Steven A. Herman to 

Addressees, October 20, 1997 

Transmittal of Guidance on the Use of 

Section 7003 ofRCRA (Actual Guidance 

located in Corrective Action Toolbook) 

EPA Letter from Sylvia 

Lowrance to Elizabeth Powell, 

June 15, 1989 

Response to Questions on a Variety of 

RCRA Issues Related to Remediation of 

Contamination at a Facility 

Exemption from 40 CFR Part 

264 Requirements for People 

Engaged in the Immediate 

EPA Letter from J. Winston 

Porter to Fred Hansen, 

September 29, 1986 

Responses to questions related to 

accidental spills oflisted or characteristic 

hazardous wastes 

Phase of a Spill Response 4S FR 76626-76630 

(November 19, 1980) 

Preamble Discussion on the Hazardous 

Waste Spill Response Exemption 

Changes During Interim 

Status to Comply with 

Corrective Action 

Requirements 

54 FR 9599 (March 7,1989) Changes to Interim Status Facilities, Final 

Rule » Changes During Interim Status 

Related to Corrective Action 

EPA Letter from Sylvia 

Lowrance to Mark Hansen, 

November 3,1992 

Interpreting the Emergency Permit 

Regulations 

Emergency Permits 40 CFR270.61, originally 

promulgated as 40 CFR 122.27 

4S FR 33326-33327 (May 19, 

1980) 

'Hazardous Waste and Consolidated Permit 

Regulations Preamble Discussion on 

Emergency Pennits , , 

,. 

Temporary Authorizations at 

Permitted Facilities 

- ~3 f.R3.791~-_37921 . 

(September 28, 1988) 

Pennit Modifications for Hazardous Waste 

Management Facilities, FinalRule -

Preamble Discussion on Temporary 

Authorizations 

./ . '-.:>,.-i 

0··
 "
 ,"

Page 4 of 7 -' 

I 

I 
11

• 

MANAGEMENT OF REMEDIATION WASTE UNDER RCRA 

. ROAD MAP 

• 

GUIDANCE SUBJECT CITATION TOPlCS 

AREA 

~~11!.!I••ltliEII11.1:iIIII11§;~lE!lll.1111.!.II;'.111;

Contained-In Policy 

.- _.---- _._-- _. _._--­

63FR65877-65879 

(November 30, 1998) 

EPA Letter from Elizabeth 

Cotsworth ·to WilliamR. 

Weissman, August 21, 1998 

63 FR28621-28622 (May 26, 

1998) 

61 FR 18795-18803 (April 29, 

1996) 

EPA Letter from Michael .Shapiro to T.L. Nebrich, Jr., 

February 27, 1996 

EPA Letter from Michael .. 

Shapiro to Peter Wright, 

September 15, 1995 

EPA Memorandum from 

Devereaux Barnes to NOIID 

Niedergang, .February 17, 1995 

EPA Letter to T.L. Nebrich, Jr., 

March 22, 1994 

EPA Letter from Michael 

Shapiro to William Warren, 

October 15, 1992 

57 FR 37225-37226 

_(~~.18,.1992) -.-

EPA Letter from Sylvia 

Lowrance to John Ely, 

March 26, 1991 

HWIRMedia -Final Rule- Preamble 

Discussion on "Howhas EPA Tried To 

Solve These Problems in the Past?" 

USWAG's, EEl's, andAGA's Concerns 

Regarding the Effects the LDR Treatment 

Standards Published on May 26, 1998 

May Have on Cleanup ofManufactured 

Gas Plant Sites 

LDRPhase IV FiDal Rule - The 

Contained-In Policy Preamble Discussion 

HWlRMedia - Proposed Preamble 

Discussion on the Contained-In Policy 

Clarification ofSeveral RCRA Issues 

Including the Contained-In Policy 

Response to a Letter Seeking Clarification 

ofthe Contained-In Policy 

The Contained-In Policy as it Applies to 

Environmental Media ContamiDated with 

P and U Listed Wastes 

The Contained-In Policy as it Applies to 

Contaminated Soils 

Clarification ofIssues Relating to the 

Regulatory Status ofSoils Contaminated 

from the Releases ofCommercial 

Chemical Products 

Identification and Listing ofHazardous 

Waste.CERCLA-Hazardous-Designation -

Preamble Discussion on Codification of 

Contained-In Policy for Debris 

Summarization ofEPA's Current Position 

on the Contained-In Policy 

• Page 5 of 7 
MANAGEMENT OF REMEDIATION WASTE UNDER RCRA
 

ROAD MAP
 

GUIDANCE SUBJECT 

AREA 

CITATION 

EPA Letter from Jonathan 

Cannon to Thomas Joding, 

June 19, 1989 

Contained-In Policy -

EPA Memotmdum from 

Sylviatowrance to Jeff 

ZeliksoD, Jauuary 24, 1989 

Continued 

EPA Memorandum from 

Sylvia Lowrance to Timothy 

Fields, Jr., January 3, 1989 

.EPA Memorandum from 

Marcia Williams to Patrick 

Tobin. November 13, 1986 

EPA Memorandum From 

Elizabeth A. Cotswcrth to 

RCRA Regional Senior Policy 

Advisoa, October 19, 1998 

Soil Treatment Standards' 

63 FR 28602-28622, (May 26, 

1998) 

63 FR287S1-28752 (May 26, 

1998) 

EPA Letter from Michael 

Shapiro to JancO Bergman, 

June 14, 1995 

RCRA Section 3020(b) 

Exemption for Reinjection of 

Contaminated Groundwater . 

EPA Memorandum from Don 

'R. Clay to Waste Management 

Division Directors and 

Regional CODDSel, 

December TT. 198~

LDR Treatment Standards for 

Contaminated Soils 

63 FR 28602-28622 (May 26, 

1998) 

TOPICS 

EPA Interpretation ofthe Contained-In 

Policy 

Status ofContaminated Groundwater and 

LimitatioDS on Disposal and Reuse 

Status ofPersonnel Protective Equipment
 

as a RCRA Waste
 

RCRA Regulatory Status of Contaminated 

Groundwater 

Phase IV Land Disposal Restrictions Rule 

- Clarification ofEffective Dates 

LDR Phase IV Final Rule - Preamble 

DiscusSion on !.DR Treatment Standards 

for Soil 

.Altemative LDR Treatment Standards for 

Contaminated Soil 

Interpretation ofLand Disposal 

RestrictioDSPhase II Final Rule as it 

Pertains to Underlying Hazardous 

Constituents in the Soil that Exhibit 

ToxicityCharaeteristics 

ApplicabilitY ofLand Disposal 

Restrictions to RCRA & CERCLA 

Groundwater Treatment Reinjection -

Saperftmd Management Review: 

...'- - - .• _·.0 Recommendation-No.26 

LDR Phase IV Soil Treatment Standard 

Regulations [located with "Soil Treatment 

Standards .. materials] 

Page 6 of 7 
MANAGEMENT OF REMEDIATION WASTE UNDER ReRA '. ROAD MAP 

GUIDANCE SUBJECT CITATION 

AREA 

63FR 28606-28608 (May 26, 

1998) Site-Specific, Risk-Based LDR 

Treatment Variance for 

Contaminated Soils 

TOPICS 

LDRPhase IV Final Rule -Preamble on 

Site-Specific, Risk-Based LDR Treatment 

Variance for Contaminated Soils [located 

with "Regulations and Policies that Apply 

to Contaminated Environmental Media" 

materials] 

ilill.I~:llli:.llmlllll.IIIIII:~lllill~!lIllmlf:'ll~I'ill!1111111!llllll.llllllflltllltIII1
 

LDR Treatment Standards for 

Contaminated Debris 

• 

EPA Letter from Michael 

Shapiro to Kenneth Kastner, 

June 3, 1994 

57 FR37194, (August 18, 

1992) 

57 FR 37221-37243, 

(August 18, 1992) 

57 FR 37277-37280, 

(August 18, 1992) 

Clarification of the RCRA Regulations 

Applicable to Hazardous Debris 

LDRs for Newly Listed Wastes and 

Hazardous Debris - Final Rule Summary 

LDRs for Newly Listed Wastes and 

Hazardous Debris -Preamble Discussion 

LDRs for Newly Listed Wastes and 

Hazardous Debris - Treatment Standards 

for Hazardous Debris 

'. Page 7 of 7. 
Appendix 7 

Interim EPA Region 10 Policy for Corrective Action Cleanup Under 

a State Non-RCRA Authority in States Authorized for Corrective 

Action 

• 

•
 
,

.
 

• uNrrEDSTATESE~RONMENTALPROTEcnoNAGENCY

REGION 10 

1200SbcJh AY8I1Ue 

Seattle. WA98101 

July 1999 

Interim EPA Region 10 Policy for Corrective Action Cleanup Under a state Non-RCRA 

Authority in states Authorized for Corrective Action 

I GUIDING PRINCIPLES 

* States may choose to use a non-RCRA authority or program to accomplish environmental cleanup at facilities 

subject to RCRA corrective action in a manner consistent with the authorized RCRA program. 

* The authorized state RCRA program is responsible to insure that cleanups completed under a state non-RCRA 

authority are consistent with RCRA. 

* EPA has an oversight obligation for the authorized RCRA program. 

* There is a need for state/EPA coordination when a state non-ReRA authority Is 

• 

used: . 1) to Insure that state progress toward final corrective action Is 

acknowledged in the national data base; and 2) to minimize the need for additional RCRA corrective action measures once 

a facility has undergone cleanup through a state non-RCRA mechanism. 

POLICY STATEMENTS 

Use of a non-RCRA state cleanup program/authority does not substitute for 

compliance with base (preventative) RCRA requlrements. When a state program/authority is 

used for cleanup the facility is not exempted from the base requirements of RCRA, including proper waste 

management. monitoring, financial assurance, and closure requirements which apply to treatment, storage, and 

disposal of hazardous waste. There is an expectation that the authorized state hazardous waste rules will be 

appropriately applied and enforced .. 

The authorized state RCRA program ultimately Insures consistency between the 

authorized state RCRA program and the corrective action done under a state 

non-RCRA authority_ . EPA also has an obligation to insure that cleanups at RCRA facilities subject to corrective action are consistent with 

RCRA requirements and guidance. EPA Region 10 encourages joint traininglforums on RCRA guidance. Questions 

regarding the applicability or interpretation of RCRA guidance should be discussed with EPA Resion 10 during 

regular progress meetings as soon as possible to prevent the facility from ultimately being revisited under RCRA. 

•
 
. Prior to terminating interim status through permit denial, authorized state RCRA o 

programs are accountable to insure all corrective actions are complete as 

measured by RCRA rules, policy and guidance, and documented as part of the 

administrative record supporting permit denial. 

In cases where termination of interim status through final denial of apermit is conducted as a means to address 

compliance issues (such as failure to submit a complete Part B permit application - see 270.10(e)(5}), states should
 

ensure an enforceable mechanism is in place to complete corrective action when such work is not completed at the
 

time of permit denial. Such actions warrant consultation with EPA Region 10 to insure either federal 3008(h)
 

jurisdiction is preserved, a 3008(h) consent instrument is in place, or a formal regional decision to not exercise
 

3008(h) authority is made. . .
 

Permits requiring corrective action must not be terminated prior to all corrective action obligations being completed,
 

and public notice and comment on corrective action completion has been conducted and documented as part of the
 

permit administrative record. States must craft permit language that requires permittees to maintain a valid Part B
 

permit for the duration of corrective action even after regulated units have been clean closed and active waste
 

management ceased. For facilities subject to modification or revocation and reissuance of permits under 270.41,
 

care must be taken not to terminate permit authority for corrective action.
 

EPA Region 10 does not Intend to provide "comfortn that facilities cleaned up under the state non-RCRA program/authority will be protected from further 

Federal RCRA action. However, if the authorized state RCRA program insures that cleanups are consistent 

with RCRA requirements and guidance, this should not be a concern. Before the completion of a cleanup under a . 

state program/authority, the authorized RCRA program should determine whether additional Corrective Action is 

necessary at this facility. VVhere additional corrective action under RCRA is not required, this decision should be 

reflected through a permit determination by the authorized RCRA program or by an appropriate public process for a 

. facility that is not seeking a permit, including providing timely information to EPA Region 10. 

EPA will be using the national R(:RA data base to monitor progress at all RCRA 

facilities subject to corrective action, with particular focus on high priority facilities. Cleanup actions under a state non-RCRA authority consistent with RCRA corrective action 

requirements should be reported in the national database. A data crosswalk may be used to standardize program c. 

events. 

Regular state/EPA Region 10 communication regarding progress at RCRA corrective
 

Action facilities, especially high priority facilities, Is necessary to.Insure that .
 progress Is reported, and to minimize the need for further RCRA corrective action
 

at a facility which has undergone remediation under a state authority/program.
 

EPA Region 10 will expect to meet with the State RCRA program on a regular basis (minimum twice year1y) to
 

discuss progress at high priority facilities, projections for meeting Environmental Indicators, and issues relating to
 

consistency with RCRA guidance. These meetings may be in conjunction with mid-year and end-of-year §3011 state
 

grant meetings.
 
•
 

•
 

•
 

Information aboutRCRA facilities subject to corrective action must be available to 

the public. Public participation on a site-by-slte basis should continue to be consistent with RCRAguidance. 

EPA Region 10 and the State will work together on revising or amending the Program Description and the 

Memorandum of Agreement to clearly articulate the strategy of using an authority other than RCRA for corrective 

actions. This revision, necessary to keep the regulated community and the general public fully informed, will not be 

considered part of the authorized program and a federal register notice will explain that the revision will be construed 

as a broader-in-scope by EPA. 

EPA strongly encourages states to seek authorization for the Post-closure rule. 

Absent authorization for this rule, States may address corrective action at unitslfacilities subject to post-closure 

permit requirements through a non-RCRA authority. However, the authorized state must retain RCRA jurisdiction at 

the facility, and when corrective action work under the non-RCRA authority is complete the authorized program must 

administrativel1)reevaluate whether the goals of corrective action have been achieved, or whether a PC permit is 

required. This ~ecision must be reflected in a permit denial or PC permit, which includes a public comment period. 

EPA PLANS FOR OVERSIGHT 

EPA has an oversight responsibility for the entire authorized State RCRA program. As part of our oversight of the 

authorized corrective action program, EPA Region 10's primary oversight goals are to insure that environmental 

cleanups are progressing toward meeting Environmental Indicators and final cleanup, and that final cleanups are 

'consistent with RCRA regulations and guidance. Currently EPA Region 10 will be focusing corrective action 

oversight resources on high-priority corrective action facilities (those on the GPRA baseline). 

EPA Region 10 will provide oversight ofthe authorized state RCRA program, not the non-RCRA state authority or 

program. It is the responsibility of the authorized state program to insure that RCRA is being consistently carried out 

and that corrective action at RCRA facilities is consistent with the authorized program. 

EPA Region 10 expects to accomplish our oversight responsibility in several ways. First, we will be closely 

monitoring the national RCRA database to evaluate progress at facilities subject to corrective action, especially high 

priority facilities. We will be using this data to provide information to Congress and the public. Secondly, we will rely 

on on-going EPA/State communication including meetings and conference calls to give us an understanding of the 

status and progress of corrective action and to insure that environmental indicators at high priority facilities are met 

and documented properly. If regular meetings/conference calls do not provide for site-specific information, we will 

utilize site-by-site reviews as resources allow. If, over time, it is clear that the State is meeting the expectations set 

forth in this'letter, and if communication on site progress is effective, we would expect that site specific reviews and 

general oversight of corrective action would be reduced. . 
I 

I

/

! 

~. / 

/ 

Appendix 8 

Complaint Response Policy and Flowchart 

• 

I ------. 

•
 

\ 

\ 
•
 

•
 

•
 

IDEQ Response Procedures and Guidance for Potential HWMAIRCRA Cases 

THE INTENT OF THIS DOCUMENT IS TO DEFINE A PROCESS WHEREBY 

REGIONAL OFFICE AND STATE OFFICE CAN WORK TOGETHER TO RESOLVE 

ISSUES THAT MAY INVOLVE HAZARDOUS WASTE. THE GOAL IS TO ENSURE 

TIMELY RESPONSE AND COORDINATED FOLLOW UP TO THESE ISSUES. THE 

PROCESS FOCUSES ON A JOINTLY DEVELOPED STRATEGY TO RESOLVE 

ISSUES, ESTABLISH TIMELINES AND ENSURE ACCOUNTABILITY. 

1. Incident Notifications Received by the State Office 

Incident notifications received by the State Office (SO) will be forwarded to the 

appropriate IDEO/Regional Office (RO) Regional Manager (RM) by the . 

Enforcement Coordinator (EC). The RO has the discretion to determine the 

need to include SO Technical Services (TS) staff in further handling of the 

incident. The incident notification will be transmitted by registered E-Mail. If the 

E-Mail system is not working at the time, a telephone call to the RM shall be 

substituted. All relevant documentation pertaining to the incident will be either 

faxed or mailed to the appropriate RM within 3.days of the notification. 

Based on the information in the incident documentation, the EC has the 

. discretion to make an initial determination of the potential for a HWMAIRCRA 

component in the case. 

Copies of each incident notification sent to the ROs will be maintained by the EC 

ina file. 

The EC may request information from the RM concerning cases referred to the 

RO. 

2. Incident Noti~cations Received by RO's 

When an incident notification is received by a RO, the initial investigation of the 

incident may be conducted by RO personnel. Based on that initial investigation 

or historical knowledge of the site, RO personnel will attempt to determine if a 

HWMAIRCRA component exists. ROs may also contact the SO for assistance to 

determine RCRAlHWMA applicability. If HWMAIRCRA is determined or 

suspected to be a component of the case, the RM (or designated RO staff) will 

prioritizelhec6mplaifinflspectioii and investigate with properly trained RO or TS. 

HWMAIRCRA personnel within an acceptable timeframe. The RO must ensure 

that this inspection has been logged into the Monthly Report. If enforcement is 

required, the RM or designated RO staff should forward the case to the EC and 

participate in the enforcement process as per the HW Program Protocol. 
IDEO Response Procedures and Guidance for Potential HWMAIRCRA Cases 

Page 2 

3. Assignment of a Referred Incident Case from an RO 

When the EC has received an enforcement referral, the EC will process this 

referral with participation from the RO as per the HW Program Protocol. 

4. Information Exchanges Between ROs and the SO 

A.	 All documents pertaining to HWMAIRCRA regulated facilities generated 

by the SO, shall include a cc to the RM of the appropriate RO. Similarly, 

any documents and letters pertaining to HWMAIRCRA regulated facilities 

in the region, generated by the RO, shall include a cc to the EC. 

B.	 All HWMAIRCRA enforcement documents resulting from an incident 

referral, shall be sent in draft form by the SO to the RO for review and 

comment within the timeframes contained in the HW Program Protocol. 

• 

•
 
ReRA - Remediation- Hazardous Waste Issue Flowchart 

• Complaint Received 

RO Follow-up 

Regional Office Investigation 

• 

RO Performs HWMAI 

RCRA Inspection 

Enforcement 

Case turned over to
 

State Waste &
 

Remediation Program
 

Office
 

•
 
• IDAHO HANDLER ACTIVITY COUNT REPORTAugust 14, 2000 

Large Quantity Generators 42 

Small Quantity Generators 124 

Conditional Exempt SQGs 919 

HW Transporters 94 

Subject to CEl Universe (Calculated Universe) , 10 

Land Disposers 8
 

Incinerators 1
 

BIFs o
 

Treatment/Storage 5
 

UO and HWF HANIoLER ACTIVITY 

• 

Used Oil Fuel Handlers (Notifiers) 49 

Marketers 6
 

Transporters 15
 

Burners 7 

Hazardous Waste Fuel Handlers (Notifiers) 5 

BurnerlBlenders 5 

Marketers 2 

I • Source: Resource Conservation and Recovery Information System (RCRIS), Idaho State Notifiers Database 

(generated from the Notification of Regulated Waste Activity Forms [8700-12] submitted to DEQ). 

•
 

File: IH (RCRA Admin)
 
• • • 

ltll/.:!B/OB PAGE 

IDAHO SIX QUARTER PLAN BEGINNING JULY 1999 FROM THE RCRIS REGIONAL IMPLEMENTER DATABASE· 

EVENT TYPE ALL CA AND PERMIT EVENTS / RESPONSIBLE AGENCY ALL 

1ST QTR 2ND QTR 3RD QTR 4TH QTR 5TH QTR 6TH QTR 

JUL-SEP OCT-DEC JAN-MAR APR-JUN JUL-SEP OCT-DEC 

FACILITY PERMIT 99 99 00 DO DO 00 

..................................... _ _ .. _ .. __ 1 __ _ _ _ __ 1 _ _ .. .. 1 _ •• __ _ __ _ .. __ __ _ _ _ _ _ __ __ _ ..
 

ASTARIS IDAHO LLC • CLOSURE 1 501' • a En • CL360 03/14/00 • • • 

NCAPS: HI EPR: HI 

TSO 

100 

UNIVERSE: 0 S

07092 951B • STE 

I. 

I 

CONTACT: 

• 

I 

• 

•••• 

"'" 

• • • • I _ .1_ ", __ __ .. _ _I _ _ _ .. __ __ __ _ __ .. __ _ __ .. _ • __ .. __ .. 1 __ .. __ __ _ 1_ _ _ .; .. _ _ .. __ 

I CA EVENTS • I • • En· CAOSO 09/30/00 • 

J I I I I J • 

__ .. _ _ .:._ _ _ -- -_ _ .. _1_ __ _ _.__ " __ _ _ __ _ _ __ __ _ - • • _1 __ __ • __ __ __ 1_ _ 

BLllJNT INC CCI OPER I PERMITI 001' I I iii S : OP622 02/29/00 • • • 

100 00906 6481 I STE CONTACT: MHJI • I • I 

NCAPS: HI EPR: HI 

TSO UNIVERSE: I 

I 

•• 

• • I 

•• 

I • I I. __ •• __ .. .. _ .. _ __ _. __ _. _ _ _ .. __ I .. _ _ •• 1. .. __ __ 1_ .. ~_ _ •• • __ .. __ • _ • __ .. _ .. _1 _ .. _. ._

I CA EVENTS I iil S • CA623 09/22/99 • as· CA026 12/22/99 • iii S • CA633 03/01/00 I as· CA623 OS/24/00 "S' CA633 08/15/00 • S • CA633 12/31/00 

I • iii S • CA026 09/30/99 • • • I S - CA623 09/15/00 • ...-.--••- .......- .. - ...... - .1. _ ••• ...__ .... 1 •• .. _ ... _ .. ..._1_ .... _ .. _ .. __ .. _ .. _ ........ ...... _1 .. _ .... _ ... __ .... ._ •• ... _ .. __ .... _ .... _. • ... 1 .. _. • • __ .. _ .. _..;. _ .1_ .. _._. ..... .. __ .... _ .. _. __
 

BOISE LOCOMOTIVE COMPA' PCPERMITI 002' iii S • PC623 OB/02/99 • • as· PC622 01/18/00 • iii S • MP240 04/14/00 • iii S • Pe014 07120/00 • S • PC026 12/31/00 

100 98097 6831 • STE CONTACT: BSG' iii S • PC633 OB/20/99 I • a S - MP230 03/29/00 I iii S • PC026 05/1B/00 • S • PC026 09/30/00 • 

TSD UNIVERSE: D' I • I iii S - PC623 06/12/00 • 

NCAPS: ME EPR: ME • • as· PC631 06/23/00 • I. ..• as· PC407 06/28/00 •

S • PC633 06/30/00 • 1- .. __ _ .1 .. _ ._ __ 1 __ _ _ __ • _ 1 ._ .. .. 1 _ __ __ I ",__ _ _ _ _ __ .. _ • _ _._ 

I CA EVENTS • S • CA500 09/15/99 • S • CA626 12/31/99 • I as· CA026 06/28/00 I • 

• • S • CA636 09/30/99 • • - • as· CA407 06/2B/00 I • - ,-." --- - --.- 1 _. I _ .. _ __ I _1 _ _ 1 • e 1 __ • _. 1 __ _ __ • __ __ .. _ 

DART INDUSTRIES INC • POSTCLOSUREI 002' as· PC633 07/08/99 • iil S PC623 12/10/99 • as· PC622 02/01/00 I iii S • PC621 04/25/00 • S • PC633 07130/00 • S • PC026 12/31/00 

100 ·00046 7332 • STE CONTACT: DER' iil S • PC026 08/22/99 • iil S • PC026 12/22/99 • as· PC026 02/10/00 • as· PC623 05/05/00 • S - PC489 08/15/00 S· PC623 12131/00 

TSD UNIVERSE: D' I I as· PC633 12/22/99 • • iil S • PC631 05/05/00 • S • PC026 09/30/00 

NCAPS: LO EPR: HI • I I I iil S • PC488 05131/00 S - PC205 09/30/00 

• • I • is· PC026 06/15/00 I 

• • • a S - PCI60 06/15/00
 

I • 'a S • PC251 06/15/00 •
 

NOTE: ACTUAL EVENTS PRECEOED BY 'i' 

• KEY TO EVENT RESPONSIBLE AGENCY/SECTION • KEY TO TSD UNIVERSES

• 

• E/P FEDERAL PERMITS SECTION CONTACT I 0 = LAND OISPOSAL FACILI TY 

• E/C FEDERAL COMPLIANCE SECTION CONTACT S = STORAGE/TREATMENT FACILITY 

'. E/O a FEOERAL OPERATIONS OFFICE CONTACT C = COMBUSTI ON 

• E/7 FEDERAL CONTACT. SECTION UNICNOlIN 

• E/S STATE CONTACT. ENTERED BY EPA 

• J JOINT FEDERAL/STATE CONTACT 

• S = STATE CONTACT 
o o
 

08/28/00 PAGE 2 IDAHO SIX llUARTER PLAH 8EGINNING JULY 1999 FRCJI THE RCRIS REGIONAL IMPLEMENTER DATABASE 

EVENT TYPE = ALL CA AND PERMIT EVENTS / RESPOHSIBLE AGENCY = ALL 

1ST gTR 2NO gTR 3RD OTR 4TH OTR 5TH OTR 6TH OTR 

JUL-SEP OCT-DEC JAN-MAR APR-JUN JUL-SEP OCT-DEC 

FACILITY PERMIT 99 99 DO 00 00 00 

.. - - -_ .. I .. __ .1 __ __ .. __ .. I .. 1 .. .. __ __ __ 1-- _ _ _ .. .I _ __ _ __ __ .. _ __ .. __ .. _ _ __ 

ENVIROSAFE SVCS OF IDA' PCPERMIT 001' as, PC637 09/07/99 • as' - PC407 11/10/99 • as- PC633 01/04/00 • as· PC631 06/07/00 I S PC623 07/31/00 • S - PC621 11/30/00 

100 00077 3952 • STE CONTACT: SSG' • as- PC621 11/12/99 • • as- PC407 06120/00 • S - PC621 08/07/00 • 

T50 UNIVERSE: 0 • • iil S - PC623 12/20/99 • • • S • PC633 09/30/00 • 

NCAPS: ME EPR: HI • • • • • • ..................... _ __ 1 __ __ _I __ _ _ .. _ .1 __ .. I - - __ _ __ __ .. too.. ~_ .. _ 1 __ __ __ ..
 

ENVIROSAFE SVCS OF IDA' PRMT1-0RGNAL 001' as- MOllO 07/15/99 I as- OP621 11/12/99 • as- OP633 01/07/00 • a S - M048904/D6/00 • as· OP4070'7/12/00 I S - OP623 10/31100 

100 07311 4654 • STE CONTACT: SSG' as:· OP629 07/23/99 .• iil S - OP026 11/19199 • iil S - OP65801/07100 • iil S - OP658 04/06/00 • S· OP623 07131/00 I S - OP621 11/30/00 

TSD UNIVERSE: D S • • a S - OP406 D7128/99 • iil S - OP627 11123199 I as- OPD26 02/16/00 • a S - M0160 04/12/00 • S - OP621 08/07/00 • S - OP026 12/31/00 

NCAPS: ME EPR: ME • iil S - OP63908/04/99 I as· OP637 11/23/99 • as - OP623 02/25/DO • as - OP631 06/07/DO • S - OP02609/3D/00 I S OP614 12/31/00

• a S - OP658 D8/04/99 • as- M0488 12/03/99 • as· OP407 D2/29/00 • a S - M0240 06/12/00 'S- OP633 D9/3D/DO S - OP633 12/31/DO

• as- M0240 08125199 • a ,S - OP614 12/15/99 I as- oP633 03/03/00 • a S - OP026 D6120/DO • 

• as- OP623 08127199 • a S - OP623 12/27/99 • as· OP407 03/14/00 • iil S - OP407 06/20/00 • 

• as- OP6Z3 09/02/99 • • a S - OP622 03128/00 • 

• iil S - OP026 09/16199 • • as· OP628 03/31/00 • 

• as· OP406 09/23/99 • I 

• as· OP627 09/23/99 • • 

• as· OP633 09127199 • • 

• • as'- OP633 09127/99 • • • • • 1_ _ __ 1. .. _ .. .. _ _1 .. _ _ .. __ .. _ .. - __ _ - _ - - - - I .. - _ - - .. _ .. _ __ _ 1- _ _ _ .. _ .. 

• PRMT2-RENEIIL 002' • • as- M0407 02123/00 • S • OP150 04/30/DO • I 

I STE CONTACT: SSG' • • S - OPl10 03/31/00 • I • __ _"_ .. - - - - - _ .. ": _ _ I. __ .. I _ .. 1_ - - .. __ _ _ __ 1 __ .. _ __ _ .. _ - _1_ _ _-- .. 1- __ _ __ _1_ _ __ .. _ 

PACIFICORP • PCPMT-ORGNL 003' as· PCD2608/09/99 I iil S - PC026 11/16/99 • as- PC622 01/27/DO • as· PC621 05/02100 • S PC633 08/31/00 I S PC026 lU31/0D 

100 DD060 2631 • STE CONTACT: DER' • • as- Pc633 01128/00 • as· PC631 05/12/00 • S • PC026 09/30/00 • S - PC6Z3 12/31/00 

TSD UNIVERSE: D' • • '·a S - PC026 03/15/00 • as· PC026 06/21/00 • • 

NCAPS: HI EPR: ME • • • • • as· PC6Z3 06121/00 • • 1 __ _ _ .. _ _I _ - .. _ __ .. I - .. _ _1 __ .. __ _ _ -I - .. - _ .. __ -- ':'1- __ _ 1-_ _ _ __ • .. _ _ 

• PCPMT-RENEIIL 004' as- PC100 08/05/99 • iil S • Pell0 10129/99 • • a S - PC150 05/30/00 • S - PC488 08/15/00 • 

• STE CONTACT: DER' • • • • S - OP489 09/30/00 • I • • • • • S - pc160 09/30/00 • J __ _ .. __ I _ .. 1 - - _ .. - - 1 _. _ _ - __ _ _ -1- - -- _ .. - __ _ .. 1 __ __ .. 1 _ __ _ __ ._ 

• CA EVENTS • as- CA026 08/09/99 '01 S - CA026 12/31/99 • a S - CA633 01/28/00 • a S - CA026 05/02/00 • S • CAOZ6 09/30/00 • S • CA026 12/31/00 

• I a S CA633 08/11/99 • a S - CA623 12131/99 • as- CA026 01/31100 • a S - CA623 06/21/00 • S - CA633 09/30/00 • S - CA6Z3 12131/00 

NOTE: ACTUAL EVENTS PRECEDED SY 'a' 

KEY TO EVENT RESPOlISI8LE AGENCY/SECTION KEY TO T50 UNI VERSES 

E/P = FEDERAL PERMITS SECTION COHTACT o = LAND DISPOSAL FACILITY
 

E/C = FEDERAL CCMPL lANCE seen011 CONTACT S = STORAGE/TREATMENT FACILITY
 

E/O = FEDERAL OPERATIONS OFFICE COHTACT C a CCJlBUST I ON
 

En = FEDERAL CONTACT. SECTION UNlCNaIN
 

E/S = STATE CONTACT. ENTERED 8Y EPA
 

• J = JOI NT FEDERAL/STATE CONTACT 

• S = STATE CONTACT . 
• • • 

PAGE 3 

IDAHO SIX QUARTER PLAN BEGINNING JULY 1999 FROM THE RCRIS REGIONAL IMPLEMENTER OATABASE 

EVENT TYPE = ALL CA AND PERMIT EVENTS / RESPONSIBLE AGENCY = ALL 

.08128/00 

1ST QTR 2ND QTR 3RD QTR 4TH QTR 5TH QTR 6TH QTR 

JUL-SEP OCT-OEC JAN-MAR APR-JUN JUL-SEP OCT-DEC 

FACILITY PERMIT 99 99 DO 00 00 00 

..... __ .. _ __ 1_ __ .. _ .. _ _ __ _ I _ _ __ __ -_ __ __ .. 1 __ -_ .. _ .. __ I __ _ .. _ -_ -- .. ----- .. 

PRESSURE TREATED T1MBE' POSTCLOSUREl DOli Gl 5 - PC623 07/27/99 • Gl 5 - PC621 12/29/99 • Gl 5 PC631 01/06/00 • • Gl 5 PC623 07/28/00 • 

IDD 04711 1018 • STE CONTACT: BLE' Cil 5 - PC633 08/18/99 • • as· PC623 01/20/00 ' , 5 • PC633 OS/04/00 • 

TSO UNIVERSE: D' • • • a 5 - pc633 01128/00 ' • 

NCAPS: ME EPR: HI • • • , , • • _____ __ __ I __ _ .. _ .1 __ _ _ _ toO _ .. _ _ •• 1 __ __ _ _ __ _ .. __ __ _ .. 1_ _ .. _ .. -_ - •• _ .. 

SAFETY-KLEEN SYSTEMS I' PERMIT1 001' iii 5 - OP621 09/10/99 'a 5 • Mo230 11124/99 • as· OP407 01/25/00 • iii S • OP631 06/07/00 • 5 - OP621 OS/07/00 • 5 • 01'026 12/29/00 

IDO 981n 0498 • STE CONTACT: BSG' iii 5 - OP026 09/17/99 • Cil 5 - 01'026 12/31/99 • iii 5 • M0231 02/23/00 • iii 5 • OP026 06/28/00 5 - 01'026 09/29/00 • 

TSO UNIVERSE: S' , iii 5 - OP631 09/30/99 • • iii 5 • M0240 02/24/00 • a 5 - 01'621 06/30/00 

NCAPS: LO EPR: LO " as- 01'614 02/28/00 ' 

, , iii 5 • OP622 02/28/00 • 

• iii 5 - OP026 03/13/00 '
 

• , , , iii 5 • 01'621 03/15/00 •
 _ _ 1- _ I _ __ -- __ .. ·1 _ .. __ .. __ .. _ •• _~ .-- .- - ---.--- - - - .. - - -. - - .. - - -- --.-- - --. - .--.. - - - -- .. - - ••,:,,,.-,,, - •••- - ••-.-- - - - - -. 

US AFB MOUNTAIN HOME • PERMlTl 0011 Cil 5 • 01'026 09/30/99 • iii 5 • 01'610 11/04/99 • iii 5 - OP622 03/14/00 'iii 5 • OP026 06/28/00 • 5 • OP026 09/29/00 • 5 • 01'026 12/29/00 

103 5n12 4557 ' STE CONTACT: BAM' • iii 5 • OP026 12/30/99 'iii 5 - 01'026 03/17/00' I , 

TSO UNIVERSE: S' , • ., • 

NCAPS: HI EPR: HI • , • • • • • •• ..._~ ..._ ..... - -- - ...-_ .. - - - .1 ..... - - - - -- - - - __ .. - --1- - - _ .. - _._ - - _ .. - - _ ... - -- .1_ .. - _. __ ......... - __ ••••• _ - __ • - I - - •••--. - •••---- - - - ...- - - - - I ........ - - - --. - ..... - - -- - - - .--.---- - --••••- - -- .. -- -".7 - - - 1- ..... - .. - .... - - ........ - __ - .. _-- --


US DOE INEEL LAB • AMWTF-Ol 508' 5 • OP4B9 09/30/99 • iii 5 - OP150 10/28/99 'iii S - OPI70 01118/00 • iil 5 • 01'180 04/07/00 'a 5 • OP200 07/18/00 • 

ID4 89000 8952 • STE CONTACT: BLE' , iii 5 • OPl60 11/10/99 'iii 5 • OPl70 01/19/00 • as- 01'190 04/26/00 ' • 

TSD UNIVERSE: 0 C S' ••iii 5 • OPl70 01/20/00 • , • 

NCAPS: HI EPR: HI • • , • , • , I •• __ • _ _ __ _ ••• _ _ _ _ _ _ __ _ _ _ __ •••••• __ .. __ .. __ • __ •• __ _. _ __ • __ _ • _ •• __ __ 

• CL-BLOCK-IV 507' iii 5 • CL380 07/08/99 , • iii 5 • CL370 01128/00 ' . • 

• STE CONTACT: DER' • '.a 5 • CL380 03/07/00 • • , •• - -- ..---.-- ...--.... - ...... - ._ .. _ - - - ... .... -. _ •• I ....... ..._ ...__ .... _ .... _ ••• _._ ......... _ .... _ .. _ • __ ._ .. __ ..... toO. ..... ....:.. __ .. _ ... .... ... _ ........... ... ............ ._ •••• _ .. __ ... .. _
 

• CL·BLOCK-V 510' • as· CL380 11/02/99 • • • 

• STE CONTACT: DER' , , , , , .- • • .• -- - -- -- _ - - __ _ .. _ .. - -- - -- - .. __ 1- _ .. 1_ _ __ _ _ .. _ - _ .. _ .. _ __ .. j. __ I _ _ .. _ .. __ 

'CL-BLOCK·VI 511' • Cil 5 - CL340 10/04/99 • iii S - Cl370 01/10/00 ' •
 

, STE CONTACT: DER' • iii 5 - CL421 10/04/99 • Cil 5 - CL380 01/31100 • , ,
 I .. _ _ _ _ .. _ __ • .. _ __ .. __ _. _ _ .. __ __ .. _ __ _ _'" _ .. _ .. __ .. • __- _ .. _ _ _ _ _ _ _ .. __ __ _ _ __ .. __ .. _ 

• VOL04 019' iii 5 • M0489 07/27/99 • Cil 5 • M0200 12/02/99 • as· M02DS 01102/00 • iii S - 01'622 04/03/00 • 5 - OP026 09/29/00 ' 5 • 01'026 12129/00 

, STE CONTACT: BAM' iii 5 • OP026 09/09/99 'a 5 • OP026 12/21199 • iii 5 • OP026 03/01100 • as- OP026 06/28/00 • ' , 

NOTE: ACTUAL EVENTS PRECEDED BY 'iii' 

KEY TO EVENT RESPONSIBLE AGENCy/SECTION , KEY TO TSD UNIVERSES 

E/P .. FEOERAL PERMITS SECTION CONTACT o = LAND OISPOSAL FACILITY
 

E/C .. FEDERAL COMPLIANCE SECTION CONTACT 5 = STORAGE/TREATMENT FACILITY
 

E/O .. FEDERAL OPERATIONS OFFICE CONTACT C .. COMBUSTION
 

En = FEDERAL COHTACT. SECTION UNKNOWN
 

E/S = STATE CONTACT. ENTERED BY EPA
 

• J = JOINT FEDERAL/STATE CONTACT 

, 5 .. STATE CONTACT 
r
 

o o	 0

08/28/00 PAGE 4 10AHO SIX QUARTER PLAN BEGINNING JULY 1~ FROM- THE RCRIS REGIONAL IMPLEMENTER OATABASE 

EVENT TYPE =ALL CA ANO PERMIT EVENTS / RESPONSIBLE AGENCY =ALL 

1ST OTR 2NO OTR 3RD OTR 4TH OTR 5TH OTR 6TH OTR 

JUL-SEP OCT-OEC JAN-MAR APR-JUN JUL-SEP OCT-DEC 

FACILITY PERMIT 99 99 00 00 00 00 

1_ "' __	 .. .. t __ _~ 1 __ __ • __ _ .. _ __ I _ .. __ .. .. _ __ __ _ _ __ _ ... 

• VOL05 005' a S ,- OP627 07/08/99 • as- oP230 12/06/99 • as- 01'230 01/06/00 • as- OP622 04/03/00 • S -01'026 09/30/00 • 

• STE CONTACT: BLE' as· OP230 08/08/99 • as- OP628 12/16/99 • as· OP627 01/28/00 • 1iI S - 01'230 04/05/00 •	 • 

• as" 01'637 08/20/99 • as'- 01'638 12/16/99 • as- 01'240 02/04/00 • as- 01'628 04/05/00 •	 • 

• as- OP240 09/16/99 • as· OP026 12/30/99 • as· OP240 02/24/00 • as· OP638 05/15/00 • • 

• as· OP026 09/27/99 • as· 01'231 12/31/99 • as· OP637 02/25/00 • as· 01'026 06/05/00 I • 

I • • S • 01'026 03/31/00 • as· op240 06/22/00 • • I 1 __ __ .. _ 1_	 _ __ __ - __ __ 11 .. _ _ .. _ _ .. __ • .. 

• VOL08 011I as- M0230 09/30/99 • as- '10231 11/12/99 I as· 01'02603/17/00 • as· OP622 04/03/00 • S • CL02609/30/00 • S - OP270 10/11/00 

• STE CONTACT: BAMI as· M0230 09/30/99 I as· M0240 11/12/99 • • as- OP315 05/01/00 S· CL370 09/30/00 S· OP026 10/30/00 

• • as· 01'026 09/30/99 • as- M0231 12/15/99 I • as- M0230 05/02/00 S - CL380 09/30/00 S· CL026 11/01/00 

• I • as- M0240 12/15/99 • I as· 01'026 05/02/00 S· OP026 09/30/00 • 

• • as· 01'026 12/15/99 • • as- M0231 OS/24/00 

• I I I as- M0240 OS/24/00 I 

I I • • I as· CL026 06/28/00 • • 1 __ .. _ _ 1_ __ __ 1. _ .. _ - __ I __ .. __ _ 1 __ _ .. __ _ _ _ 1 __ _ .. __ .. __ • _ _ . 

I VOL09 0121 • as- OP100 10/01/99 • S - OP150 03/15/00 • as· OP622 04/03/00 I as· 01'160 07/03/00 I 

I STE CONTACT: BLE' "S- OPllD 12/01/99 I • • as- OP488 07120100 I 1 .. __ •• __ _ I •• _ _ •• _. __ • • •• 1 __ •••,_. _. __ •• __ J - _ - - - - - .. - - .. - _ - - _. - - _. - - _ .. - __ _ _ _ .. - _ I - _ ••- - __ • _ .. - _ .. __ 1_. __ .. • _. _. __ __ 

I VOL11(19) 014' as· 01'11008/02/99 I as- 01'639 11/09/99 I as- OP48901/14/00 I as- OP622 04/03/00 , S - OP026 09/30/00 "S· OP026 12/31/00 

• STE CONTACT: BAMI as· 01'629 09/30/99 • as- OP150 11/15/99 • as· OP171 01/27/00 I as· 01'230 04/07/00 • • 

I • I iii S • OP488 11/15/99 I as· OP200 01/27/00 I as- 01'240 04/14/00 I • 

• I I iii S • 01'160 12/01/99 I as· OP205 01/27/00 I as· OP026 06/28/00 I • 1 .. _. __ • __ _ __ 1 __ - __ - - _ - - _ - - __ .. _1_ - _ •• - .. - - ••• _ -. - __ I --. - _ -_ - - _ •• __ 1 __ - ••,-- -- _ - ••- _ _1 .. - - - __ _. __ I. __ • _ _ _ __ _ 

• V01l2 5121 as- 01'110 08/02/99 .1 as· OP150 11/15/99 • as· OP171 01/27/00 'a s • 01'622 04/03/00 • S - OP02609/30/00 "S- OP026 12/31/00 

• STE CONTACT: BLEI I as- 01'488 11/17/99 I.a S • OP200 01/27/00 • S • OP026 06/30/00 • 

, I as· OP16O 12/01/99 'a S • OP205 01/27/00 I • 

, • • I as· 01'489 01/27/00 • I 1._. __ _ _ _ .. 1. __ ••• _. __ •• _ • J .. _._ •• __ __ __ ._1 .. -- -.:. - ••-_ - J_ ••- ._~ ••• _ - - - - _ •••• _ 1 .. _. _ _ _ .. __ • • . 

, V01l5 506' ' I I as· OP100 02/22/00 • • s - OPl10 08/30/00 I 

• STE CONTACT: BAM' • I I I • I	 __ _ •• _ I __ _ .. _ __ •• I .. __ .. _ .. - - - __ .. - _ .. -.1--- - ••- .. _. - - - ••-- - .--- .1_ ••• _ _ ••- I -. _ _ _ •••• __ 1 __ _ __ _ _ .. _ .. 

I VOL16 50S' as· OP026 09/30/99 'a s • 01'026 12/21/99 • as- OP026 03/20/00 • as- OP622 04/03/00 "S' OP026 09/30/00 • S • OP627 12/29/00 

I STE CONTACT: BAM' , I I as- OP026 06/28/00 • • S - OP026 12/30/00 

NOTE: ACTUAL EVENTS PRECEDED BY 'a' 

,	 KEY TO EVENT RESPONSIBLE AGENCY/SECTION KEY TO T50 UNIVERSES 

I	 E/P = FEDERAL PERMITS SECTION CONTACT o = LAND OISPOSAL FACILITY 

E/C = FEDERAL COMPLIANCE SECTION CONTACT S = STORAGE/TREATMENT FACILITY 

E/O = FEDERAL OPERATIONS OFFICE CONTACT C = COMBUSTI ON 

EI? = FEOERAL CONTACT. SECTION UNKNOW1l , 

E/S = STATE CONTACT. ENTEREO BY EPA 

I	 J = JOINT FEDERAL/STATE CONTACT 

•	 S = STATE CONTACT 
• • • 

08128/80 

IDAHO SIX QUARTER PLAN BEGINNING JULY 1999 FROM THE RCRIS REGIONAL IMPLEMENTER DATABASE 

EVENT TYPE = ALL CA AND PERMIT EVENTS / RESPONSI.BLE AGENCY = ALL 

PAGE 

FACILITY PERMIT 

1ST OTR 

JUL-SEP 

99 

2ND OTR 

OCT-OEC 

99 

3Ro OTR 

JAN-MAR 

00 

4TH OTR 

APR-JUN 

00 

5TH OTR 

JUL-SEP 

00 

6TH OTR 

OCT-OEC 

00 

I _ _ 1 __ __ 1_ __ _ _ .. __ .. _"''' _ 1_ _ I _ .. __ .. _ J _._ __ I -_ .. 

• VOL 17 504' 

I STE CONTACT: BAM I 

I I 

1 _ .. _ _ I __ __ ._ 

I 

_1 __ _ _ 

• iii S 

I 

I 

1_ 

- OPl00 02/01/00 • iii S 

I 

I 

__ __ _1 .. 

- OP622 04/03/0D I S 

I 

J._ .. _ 

- OPl10 08/30/00 

_ 

'S- OP150 10/30/00 

I S - OP488 12/IS/DO 

'S- OPI60 12/30/00 J _ _ ... 

I VOL 18 5141 

I STE CONTACT: BAM' 

I I 

................. __ __ _ __ _ _ 

• iii S 

• Ii S 

I 

__ 

- OPl10 12/06/99 

- OP150 12/14/99 

• _ .. __ _ 

I 

I 

I 

_ 

• Ii S 

• iii S 

• 

_ 

- OP488 05/12/00 • 

• OPI60 OS/29/00 • 

I 

__ • --1-

S 

S 

_ 

- OP170 07/20/00 • 

- OP489 07/21/00 • 

• 

__ __ I 

S· - OP171 10/31/00 

S - OP200 10/31/00 

S .- OP205 12/01/00 __ • • 

I 

I 

VIISDOEID 

STE CONTACT: 

5151 

VSH' 

S - OP003 10/01/99 I I 

I 

Ii S - OP015 05/16/00 I S - OP002 08/30/00 'S· CL310 12/31/00 

NOTE: ACTUAL EVENTS PRECEOED BY 'iii' 

I 

I. 

KEY TO EVENT RESPONS I BLE AGENCY /SECTION I KEY TO TSD UNIVERSES 

I E/P = FEDERAL PERMITS SECTION CONTACT 

• E/C = FEDERAL COMPLIANCE SECTION CONTACT 

I E/D = FEDERAL OPERATIONS OFFICE CONTACT 

I En = FEOERAL CONTACT. SECTION UNKNOliN 

• E/S = STATE CONTACT. ENTERED BY EPA 

I J = JOINT FEDERAL/STATE CONTACT 

• S = STATE CONTACT 

• 

I 

I D 

I S 

• C 

= LAND DISPOSAL FACILITY 

= STORAGElTREATMENT FACILITY 

= COMBUST! ON 
HAZARDOUS WASTE MANAGEMENT IN IDAHO
 

2000
 

n\ll report ...' .... ,.... lime peliod fr<tm JOllWll')' 1 Ihrough 

o..cm.ber 31, 2000. It <ko<I,bn 1ht types and ..,..,.",t> of 

hazardOUI w-_ Jef><f>'ed io Idaho. how th.. w.... w.. 

Jn01'Ia8<d, and my woslo mno;n n~ oo- , i10. The report .100 

di"'.....1Ml)pn andlIo:I'IOon" oftw.douo ....- i...,.,.,ed 

into Idaho. Thill infonnalfOll i. ~l<d by ,h. Idah o 

0..... "".", of En, -;ronmen' " Quali!}' (DEQ) from th< Idah o 

H_ WUk Of Ann.... R<p<>oU .ubnMed by 

Lori< ond S_II QuotrI"y Ilu .atdwl. WOOl' Gonerar<>rs 

(L~). as reqUIred by ld>llo Code S«:lKln 39-4411(4) of,,,,, IdaM H..._ W..,. M""'ll<m<nl ....... IH WMA """ 

lTom repotU wbonIlt<d by «>rmIOI'<ialllaiordous wast<di<p>UI 

f",ih';.., as requi red by Idaho Coo. Section 39-4411(S ), Th" 

rtpool .. <lJstribukdl<> 1ht GovemoJ, UgJ. I......" and!he publio< 

of Idaho 10 p«...., on ........ <>Wn" .... of Idaho huMdoo, 

....... maDll8<fD<'l' .....;vlti.., Addlti<>nal ;n_ i"" regording 

DEQ moy be foofld at hllp"""""'2 .Sl....;d......<kqI. 

Th< ldoho DEQ <",",ibutcs to ,to< nOlioool <>vervI .... of 

'-~ ....... ......08..,....,' ,(0... 'h""'gh ~al

Blain," Reporting and 'M R rc. CONe,...,i"" and 

R«O\'or)' Inf"n". ';"" Sysl<m (RCRAlnf<». The (<dora! 

BI<fI!l,a1 R<port desmbos naroonal hanrdou. wask Kb"';tiC'l as 

rq>o<1<d by LQGs andTreatmen" S,ongo, ond Di$pooal (TSD) 

be,l" j....orr 0Ih« year_ RCRAtnfo assign. huardo.. ",'"'' 

r""lily i<lrn"fl...."" nurrben ond lra<k. hai",<loU> w"', 

p<nmn,ng, ""fotoem<nl, and <OffU1i"" O<1i<>ol at h...an:lous 

......, grn<ra'''''' fxlln,,,,, B" nn..1R<p<>rt,nll and RCRAlnfo 

.. _ by 'he u.s. En,;"""""",'ol _to"" Agm<y( EPA) 

'0 ITa<k and r<p<>rt n.."",a1 hOlal'dous ...0Sl' ""i'iti.. '0 ,.... 

1'Jnid<rn. U .S. Congress, and,t>< publ",. Thi. ,nf"""",ion may 

.1", be 0«n0<d 'hroo¢l ,h. In' ....... at ei,her ofthe fol!<>wing 

"l<s:hup;iI.." ....·.• oa· 02'... 'n' irgi"Jdc' i"i.hlml, '" 

hnp: /Iwww·<pO·llo,"IOranl>'. 

Tho Uni........ W.... R. Ie ..... ,rr«ti", "" May I I, 1995. Tho 

putpoK of ,t>< R.I, i. to ,ncowo!/, ",,)\Oling and prop<r 

dispoal <>f """'" common h"""""'" and .... ,h. 

"8,,1010<}' butd<n on ,he 001k<t<Jrs '" lI on <>f ""i,~1

......, r-"o"I...ly ..-.lll....,....... 

The ori.ginal rul. d<fin<d !>aDrdoulI NIt""... hozardoo. 

..._ lh<>-nJ:Jolal>, and .....ordOll p"'i,id...i,her 

...a11<d '" oolkol<d in a p"'i,idt ooll«tion P"'S'om '.. 

un"...... ",,,,,,. Eff«tl"" }onllOl} 6, 2000, sp<nl hannlou. 

....... lan¥ -.e added ' 0 tlw: Ii.. of"",.....,.) ......... 

Tho Un,wnar W R. I, allow. tho hondl .... <>f "ni .~1

....... 10 m<eI 'nnll""l standords for ooll«tion, "otag., 

lronsportOlion, and RpOI1inJ, xcordinllto 4(l CFR Pan 273. 

H~, linaI ....i........ "*<1, r<oy<li"llo trt:OlfnrnI, ordi"""" 

fx,I", comply ..'i'h full hanrdo lI<JM<Ml 

1«l.'r<m<1ll>, AhliOllllh on,,~1 ""'vn "'" ......ir«! to be r<porl<d "" ,h. Idaho Haz.vdou . W.... 

G<n<raI", R<pon. DEQ .....O.fOlI'S 10 ""Ionlorily 

,ncl""" oninnal ...... ,nfonnal'on ,n tho" reports to ...iSl 

II'8<kinll of'h<>< lI<ri,·i,in. 

I HE R EPORT 

Tb<r-o -.e 10,602 'OIlS ofhazan!Oll......... g""""«1 ,n Idaho
 

d. " ng 2000, '" f<l'OI'«I by ldollo LQOlISQGs- W............ 

a<<:oon,<<I rot <IIi I ' on. '" 4.3% of til< 10taIreponed hozaod«l. 

......, 11<'",'01«1. Non-......' ...·OI<f .....ordou. wa>l< """",n,«I 

for 9S.1'\'. of tho .-J or 10,1 I lon'- lbes< ......... roll in til< 

follo...i"-8""pion; 

R"'ErOATION WASff.S _ l,527 10"" 

MOSI rom<diat'on "1OSl.... lI<J1.....«I f.-om ,he 

<lnn.p of oon'am,no,«I ",.. (S.porforid and "'''''' 

s;,.. p<riorminll Oor,,<I,ve lKlion, ondior """,vinll 

and .pgro,linll .ndotll"O"nd ..orall' lanb 

WASff.S • 2,7QS Ion• 

Thi. ....... is both hOl..-.ious andrad~,•. fot Ih< 

l"'" 2000, IH mi.«I ....... ..... 11....,..,«1 arid ..orod 

01 l NEEL 

TuA"'ENT, STORAGE. AM> D1S1'OSAL (TSD) 

WASff.S. loS12I oru 

Th.. ""'.ardoo........ is g<n<r>t<d f.-om rniduaIs ond 

<oll«lioon JY'SrnlI at perminod TSD fx,Ii".. :wid 

hOlard"", ......, landfills. 

SoLVE'" W-.sru;. I,l61 Ion. 

Spcn1ool, B<Jl<f.,«I hy , ori"". ;nd""'Y on<! 

...s;.... O<I;'ih $ltoh .. paru de'V'""n• • 

paI""n.. '''011$ mon.r""""'n. 1"'00.-0 lind dJy 

d.an inl!-

Ov.JlA<"IuISIIC W-.sru; • 84~ I ono 

Thi. ..._ i. hazard<>u. \>«"".. 'I <onllin. """ or 

tnOf'< <hara<l"i"i< or illl\,'ab,l,t)', '_"i'y, 

fOX,,,,t)', or 'o""t)' 

OrI1EJtW-.sru;·IUlon. 

Th IOOloid<o disoanlod ,,,,,,",,,,01 <!I<rrO<:aI.. 

• niwnol arid ""...11......... lio«d_
 
1h< .....,..1ofMt.dous ..105k 5",""o'ed i1Il<laho. asiTpOItcd 

by Idaho LQGIIISQG.. inereas<d from 7.!S$ lOllS in 1999 to 

10.602 """ in 2000. Non- ........Okr hanrdous .._ ..n,.."," 

,1><ftOOtd from 7,$Oll'or>O in 1999 to 10,141 'or>O in 2000. TI". 

i. OIl incr= of opptO, imatoly 26%. Thi. i""",ase WI be 

onribuled main!)' '0 """" c1nl>np octiv'ly in 2000 

() 

F"", of'h ..... lwafdouo ...... c01cgonn liSled <Ill the rr<lll' 

pas. showed iocreases from 1999 """",nlS. 1h< ...·0 

thOl oho"'ed rodU<li"". from l'i'J'J """""''' w= Sol"..,,, ..... 

ChorO<1eri.bc 11'_. A. bw, <:<lII,ino" to r<f,.. ,I><i, 

proc..... '0 k<ep hazat<looJ smn.,ion down IIIld 

coo,in." to ..p1ou "",,·haunlou. ol..m.~,", ....h .. 

,..ycling. di..ill. /i"". and ",bn ...... m,n,,,,,,,"",,,, and 

poll.'"", pr<V<III"'" opI_ puHi<; heal,h and the <nvironmcn1 

of IdalH> "'i ll _fi, 

"" "J!i'" "'"

'1/9 5 rsse '997 1991l HI1/9 2000 

() 

'9115 ' 996 1991 199 8 ' 999 2000 

H.y.o!!poys W AST! IIlO!'9RTED "'TD I D!l!fO ... 2000 

The ""Iy <oIlm<ro..1w,""",u landfill <>p<ra!,ng in Idaho i. Env ir.,..f. Servi.e> ofldaho. Inc (ESIl). The H it Sit. ISlocated 

,n Ow}'i>« C""nl)i ..... Orand Vi Idoho. In 2000. E5 1t f'«<'I"ed 163•.,7 IOfU of "'...... d"t<1l5< of 4% from,h" 160,074,,,,,. 

"""; ved dunng l'i'J'J. M_ of ,1>< (IH.7J-O'on. or%.7%)r.....o<I .. ESll c from_, .......Idahosmn...... ...,,5.427 

,ons OJ'V.) '0 ESIt in 2000, The II.,. from" 'hi<;h ,he""" ....... ,,·os 50'" '" ESIt New York, "'hieh ..." 32,ll7 ' OMfor dispooal 

in 20m. 

1,""i,;"""lIy, ,..........i,·0<1 .. ESlt h.. been 'cpor1o<1 in ,hltt OJ cUl<g<>ries;
 

RCRA 11'..,. _ Thi....... i.defined by the fed<r.il R""u,.. C""""'01ion I!o: Rerovery A<1(RCRA) and HWMA .. hanrdo.... II i. 

t<gulatcd by ldolto and ,It< federal so,cmmem 

PCB W.... _ Thi. " ..... i. def,ned ... 'o,i. IIlib>lanc. by ,he fcdcnd To,i. Subol""", C""trol A<1 (T'SCAl ThIS...... i. cu......lly 

""Iy t<gulatcd by lhe f<dor.1 !<,.-.rnmen' in IdalH>, 

5,... W.... _ Thio ,...... i. regul..0<1 .. mtn;f<Sl<d ..... bazardo... ",.... by"'..... ...... ond mo" be disposed In 0 permined RCRA 

ha7at<looJ. ",.... d;>p<>saI facilily ,,-hen>lIippedto lolaho. Thi. <a1<gory oJ", ,ocludeo nor>-ha.rMdous ....... 

di.posed at ESU, 
(
 

IL'ZARDOUS WASTE 1~IPORn:IlI:'lTO

111,\110 IN 2000 (TONS) 

IKRA 

.. 

ShU 

.. 

H' %~ Sn.. l _ ToT,u. R<.~" l _ T"'.... ..... .....n ..... ......
 ............
 rn

Sy , .. n .H71 )%J171 ., 120 ,..

.­ , 29,9191 .. 19.9&93 ~,1191 •

.." 

lUll 

, 1l .~)H - , :6.lon 16 001 ,.,n.,

u 2O~~' N.,. ,

.. 

12'" 1U' 

,

• 

CO lS,ln.• .. 

".,s.-• 1I.19HI "N 

IUSU '" '4,MI' uu ,-"n • "

, I.t>lH ).6761 '2H " 6.:ISl HJ2 S8.)IH

• .,ooH lOB 1,)10: 

.. 

'0 '.4271 1126 2.7'70

CO •.21' S 3.0 .. USg, 2610 3,311. 4 • 

" -" I,HI6 l.SUO 

.. 

'"
 1.4S19 

-

•% 2.468 • 

.. 

%" %" "

SV u" ,,, 

on" 1.,,""0 ,", 1---- 'M' ......_ 1.2.11 , .. 1.261 • "'

m JtH 

.." ,n Z,6oIll

D' 

~" 1,01' 2 m " so m. '" UH .31 • IJUI " 

.. D. 191 2 '" 

.. 

" l.nU '" 'N

.. 

.. 

M>; "'1S61 '''' 1.(>&6.7 'N' " 61.7 

-

1..11 S --:" ;--. " •• .J .. .. M' ­

138 1 " ."

121 " IH '" 00. H.' '" r-, NiA'" · · NJA "' W, W, W, 

'"

N'A 2.~J

- NiA · · W, N.'A W, W, N,.'A .. 

N '" I'J' " NA " "' ,,, "' "' "'" ". So..." i"A N' "'

,,,.. ~, '" SA " SA l SA 'I.' " SA" " SA !'I_A " '~ I ""

s ," ::

" 

00 SA'· SA 1 '" 

101.$0')1 . ,2J.;( " " '" 'rn~ ",101 1!>l.IS66 ,~ 169.971 I " 

• Includes non-state entities: AD (Alberta, Canadl). 

•• Included in 1999 total, but no waste was recei ...ed in 2000. 
In 2000, 10 ,602 l<H>S ofl>azardou. ",.""......,q>o<ttd .. ~td in Idaho. Of!h.. omou n', 10,218 tool . were rnonagtd ..in8 .,... o f 

lI.. rntl l>odo hlltd btl_. Tho r=wo.,n in8 ",ut. w.. kepi in penninc:d lions< ""it. . ....i'in8 furthtt ltntmtnl and d,--,. Tho chan 

below ,,,,,lOOn WUI. managed from I"""i"". J'ars' gmcroIi""_ 

MANAGE~ENT rctxi, MAN"'GED M"' NM; ED 

MEmO!) TO]>;" IN·STATE OUT·Of·STATE 

Londf,1I 

fu_' 

Reu••/RCC)"lc 

l.616 

,~

l.521 

J,S 42 

5,J24 

,. 

,. 

1,4&7

-

I"",.....""" '" 

, 

"

0 

-

, ~'"

)
 

I 'ON 1>.W9d 

e-MIt '...os O,~

e&I'IIOd 'sn 

;U'o'll )fY'19 

Q'ilU'ilfiOn lIJIAUS Mlnln 

' OLU OWl'"loa: 

Ull!B ~H Iltl 

.cm"llltlU"N!4Ia JOlu'"lR4'Q 

0IfllPlJO OIOlS