## ( 

# IDAHO ADMINISTRATIVE CODE July 2004 - Volume 9

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

The Idaho Administrative Code is published annually by the Office ofthe Administrative Rules Coordinator, Department ofAdministration, Statehouse Mail, Boise, Idaho 83720-0306, pursuant to Title 67, Chapter 52, Idaho Code.
Dirk Kempthorne, Governor Pamela I. Ahrens, Director, Department ofAdministration Dennis R. Stevenson, Administrative Rules Coordinator, Editor Michelle McMullen, Administrative Rules Specialist, Editor Edward Hawley, Desktop Publishing Specialist Cover Photo Courtesy ofthe City of Boise Printed by Meridian Quality Copy 

## &Print, Inc., Meridian, Idaho InternetAddress: http://www.state.id.us/adm/adminrules/

# ( 

# Table of 

# Contents

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

. 2 001. Title 2 002. Incorporation By Reference Of Federal Regulations.

. 2 003. Definitions.

. 2 004. Hazardous Waste Management System 3 005. Identification And Listing Of Hazardous Waste 3 006. StandardsApplicable To Generators Of Hazardous Waste 6 007. Standards Applicable To Transporters Of Hazardous Waste 6 008. Standards For Owners And Operators Of Hazardous Waste Treatment, Storage And Disposal Facilities.

. 6 009. Interim Status Standards For Owners And Operators Of Hazardous Waste Treatment, Storage And Disposal Facilities 7 010. Standards ForThe Management OfSpecific Hazardous Wastes And SpecificTypes Of 

### Hazardous Waste Facilities.

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

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

.. 7 014. Interim Status Surface Impoundments 7 015. Standards ForThe Management Of Used Oil. 8 016. Standards For Universal Waste Management. 8 017.
-- 354. (Reserved) 8 355. Hazardous Waste Facility Siting License Fee 8 356. Variance Applications ForTSD Facilities Or Sites.

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

.. 10 501.
-- 799. (Reserved) 10 800. Inspection Plan
-- Frequency Levels 10 801.
-- 849. (Reserved) 10 850. Illegal Actions 10 851.
-- 899. (Reserved) 11 900. Expenditures From Hazardous Waste Emergency Account. 11 901.
-- 995. (Reserved).

.. 11 996. Administrative Provisions.

.. 11 997. Confidentiality Of 

### Records.

.. 11 998. Inclusive GenderAnd Number.

. 11 999. Severability.

. 11

Page 1

### IDAPA 58 TITLE 01 CHAPTER 05

58.01.05· RULES AND STANDARDS FOR HAZARDOUS WASTE

These rules are adopte pu oei vested in the Board ofEnvironmental Quality 

### by the Hazardous 

### Waste Management Act of 1983 (HWMA), Secllons aho Code, and the authority vested in the Directorofthe Department ofEnvironmental Quality 

### by the Hazardous Waste ac . . 1985, Sections


### 001. TITLE. These rules shall be known as Idaho Department ofEnvironmental Quality Rules, IDAPA 58.01.05, "Rules and Standards for Hazardous Waste". (2-11-94) 002. INCORPORATION BY REFERENCE 

### OFFEDERALREGULATIONS. Any reference in these rules to requirements, procedures, or specific [anns contained in the Code of Federal Regulations (CFR), Title 40, 

### Parts 124, 260-266, 268, 270, 273, and 279 shall constitute the full adoption by reference ofthat part and Subparts as they appear in 40 CFR, revised as ofJuly 1,2003, including any notes and 

### appendicestherein, unless expresslyprovided otherwise in 

### these rules. (3-20-04) 01. Exceptions. othing in 40 CFR Parts 260

- 266, 268, 270, 273, 279 or Part 124 as pertains to permits for Underground Injection Control (v.I.e.) 

### under the Safe Drinking Water Act, the Dredge or Fill Program under Section404 

### ofthe Clean WaterAct, the National Pollution DischargeElimination System (NPDES) 

### underthe Clean Water Act or Prevention ofSignificant Deterioration Program (PSD) under the Clean Air Act is adopted or includedby reference herein. (7-2-97) 02. Availability Of 

### Referenced Material. The federal regulations adopted by reference throughout these rules are maintained atthe fo11owing locations: (7-2-97)



### a. U.S. 

### Government PrintingOffice, http://www.gpoaccess.gov/index.htmJ; and (3-20-04)
and 

### b. State Law Library, 451 W. State Street, P.O. Box 83720, Boise, lD 

### 83720-0051, (208)334-3316; (7-2-97)

c. DepartmentofEnvironmental Quality, 1410 N. 

### Hilton, Boise, lD 

### 83706-1255, (208)373-0502. (7-2-97) 003. DEFINITIONS. For the purpose ofthese rules and any materials incorporated herein by reference, the following definitions apply unless their application would be inconsistent with the Hazardous Waste Management Act, or unless these rules expresslyprovide for different definitions. (3-1-93) 01. Board. The Idaho BoardofEnvironmental Quality. (6-10-88) 02. CFR. The United States Code ofFederal Regulations. (3-1-93) 03. Department. The Idaho DepartmentofEnvironmental Quality. (6-10-88) 04. Director. When used in the context of40 

### CFR, the definition shall be the Director ofthe ldaho Department ofEnvironmental Quality, or his designee, as the context requires. When used in the context ofthese rules, the definition shallbe the U. S.**Envi~onmental** 

### Protection Agency Region 10 Regional Administrator. (5-3-03) 05. Environmental Appeals Board. When used in the context of40 CFR, the definition shall be the Idaho BoardofEnvironmental Quality except as set forth in Section 39-4413(2), Idaho Code, orexceptwhere noted in these rules. When used in the contextofthese rules, the definition shall be the U.S. Environmental Appeals Board. (3-15-02) Page 2 

### lAC 2004

# ( IDAHO ADMINISTRATIVECODE DepartmentofEnvironmental Quality IDAPA 58.01.05 Rules andStandards forHazardous Waste

06. U.S. Environmental Protection Agency or EPA, EPA Headquarters, or EPA. When used in the context of40 CFR, the definition shall be the Idaho DepartmentofEnvironmental Quality. except when used to refer to an EPA Identification number, EPA hazardous waste number, EPA forms, publications or guidance. and EPA Acknowledgment ofConsent, and where noted in these rules. Underthe lattercircumstances, the definition shall be the U.S. Environmental Protection Agency and the Headquaners ofthe U.S. Environmental Protection Agency as appropriate. When used in the context ofthese rules, the definition shall be the U.S. Environmental Protection Agency. (3-15-02) 07. HWFSA. The Hazardous Waste Facility Siting Act of 1985, Sections 39-5801 et seq., Idaho Code. (3-1-93) 08. HWMA. The Hazardous Waste Management Act of 1983, Sections 39-4401 et seq.,ldaho Code. (3-1-93) 09. IDAPA. The Idaho Administrative Procedures Act, Chapter52, Title 67,Idaho Code. (3-1-93) 10. RCRA. When used in the context of40 CFR, the definition shall be the comparable sections ofthe Hazardous Waste ManagementAct of 1983, Sections 39-4401 etseq.. Idaho Code. When used in the contextofthese rules, the definition shall be The Resource Conservation and Recovery Act, 42 U.S. Code, Sections 6901 et seq. (7-1-97) 11. Regional Administrator Or Administrator. When used in the context of40 CFR, the definition shall be the Director ofthe Idaho DepartmentofEnvironmental Quality, orhis designee, except where noted in these rules. When used in the context ofthese rules, the definition shall be the U.S. Environmental Protection Agency AdministratororRegion J0 Regional Administrator as appropriate. (3-15-02) 12. TSD. Treatment, storage ordisposal. (6-10-88) 13. United States Or U.S. When used in the context of40 CFR, the definition shall be the state of Idaho, except where noted in these rules. When used in the context ofthese rules, the definition shall be the United States. (7-1-97) 004. HAZARDOUS WASTE MANAGEMENT SYSTEM. 40CFR Pan260 andall Subparts. except40 CFR 260.2, are herein incorporatedbyreference as providedin 40 CFR, revised as of July 1,2003. For purposes of 40 CFR 260.10, in the definition of hazardous waste constituent. "Administrator" shall be defined as the U.S. Environmental Protection Agency Administrator. For purposes of40 CFR 260.20, "Federal Register" shall be defined as the Idaho Administrative Bulletin. (3-20-04) OOS. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. 40 CFR Part 261 and all Subpans, except the language "in the Region where the sample is collected" in 40 CFR 261.4(e)(3)(iii), except remanded waste codes "K064, K065, K066, K090 and K091" listed in 40 CFR Pan 261 Appendix Vll. except "49 CFR 173.300" in 40 CFR 261.21(aX3) as replaced with "49 CFR 173.115 orequivalent testmethods in Chapter7 ofSW-846," except "49 CFR 173.151" in 40 CFR 261.21(aX4) as replaced with "49 CFR 173.127" and except40CFR 261.23(a)(8), areherein incorporatedbyreference as providedin 40 CFR, revised as of July I, 2003. For purposes of40 CFR 261.10 and 40 CFR 261.11, "Administrator" shall be defined as the U.S. Environmental Protection Agency Administrator. Forpurposes of40 CFR 261 Appendix IX, "EPA" shall be defined as the U.S. Environmental Protection Agency. (3-20-04) 01. Excluded Wastes. Chemically Stabilized Electric Arc Furnace Dust (CSEAFD) generated by Envirosafe Services ofIdaho, Inc. (ESIl) at ESlI's facility in Grand View, Idaho using the SuperDetox(R) treatment process as modified by ESrr and thatis disposed ofin aSubtitle 0 or Subtitle C landfill is excluded from the lists of hazardous waste provided ESII implements aprogramthat meets the following conditions: (3-16-96)
3. Verification Testing Requirements. Sample Collection and analyses, including quality control procedures, conducted pursuant to Subsections 005.0I.b. and 005.0I.c., must be performed according to SW-846 methodologies and the RCRA Part B permit, including future revisions. (3-16-96)
Page 3 lAC 2004

### IDAHO ADMINISTRATIVECODE DepartmentofEnvironmental Quality 

### IDAPA 58.01.05 Rules andStandards forHazardous Waste


### b. Initial Verification Testing. 

### (3-16-96) i. For purposes of Subsections OOS.Ol.b., "new source" shall mean any generator 

### of Electric Arc 

### Furnace Dust (EAFD), EPA and Idaho Department ofEnvironmental Quality Hazardous Waste No. K061, whose waste has not previously been processed by ESII using the Super Detox(R) treatmentprocess resulting in processed EAFD which has been subjected to initial verification testing and has demonstrated compliance with the delisting 

### levels specified in Subsection005.0l.d. (3·16-96) ii. 

### Prior to the initial treatment ofany new source ofEAFD. ESII must notify the Department in writing. The written notification shall include: (3-16-96) (I) (2) The waste profile infonnation; and The name and address ofthe generator. 

### (3-16-96) (3-16-96) iii. The first fOUf (4) consecutive batches treated must be sampled in accordance with Subsection 

### 005.01.a. Each ofthe four (4) samples shall be analyzed to determine ifthe CSEAFD generated meets the delisting levels specifiedin Subsection005.01.d. (3-16-96) iv. Ifthe initial verification testing demonstrates that the CSEAFD samples meet the delisting levels specified in Subsection 005.0l.d., ESIl shall submitthe operational and analytical testdata. including quality control information, to the Department, in accordance with Subsection 005.01.f. Subsequent to such data submittal, the CSEAFD generated from EAFD originating from the new source shall be considered delisted. (3-16-96)


### v. CSEAFD generated by ESll from EAFD originaling from a new source shall be managed as hazardous waste in accordance with Subtitle CofRCRA unlil: (3-16-96) (1) Initial verification testing demonstrates that the CSEAFD meets the delisting levels specified in 

### Subsection005.0Ld.; and (3-16-96) (2) 

### 005.01.b.iv. The operational and analytical test data is submitted to the Department pursuant to Subsection 

### (3-16-96) vi. 

### For purposes of Subsections 005.0l.b. and 005.0l.c., "batch" shall mean lhe CSEAFD which results from a single treatment episode in a full scale mixing vessel. (3-16-96)


### c. SubsequentVerification Testing. 

### (3·16-96) i. Subsequent to initial verification testing, ESU shall collect a representative sample, in accordance 

### with Subsection 005.0La., from each batch ofCSEAFD generated by ESII. ESll may, at its discretion, conduct subsequent verification testing on composite samples. In no event shall a composite sample consist ofrepresentative 

### samples from more than twenly (20) batches ofCSEAFD. (3·16-96) ii. The samples shall be analyzed prior to disposal ofeach batch ofCSEAFD to detennine ifthe 

### CSEAFD meets lhe delisting levels specifiedin Subsection 005.01.d. (3-16.96)
III. 

### Each batch ofCSEAFD generatedby ESII shall be 

### subjecled to subsequent verification testing no laterthan thirty (30) days after it is generatedby ESII. (3·16-96) iv. Ifthe levels ofconstituentsmeasured in a sample, orcomposite sample, ofCSEAFD do not exceed 

### the levels setforth in Subsection005.0l.d.,lhenany batch ofCSEAFD which contributedto the sample thatdoes not exceed the levels set forth in Subsection OOS.01.d. is non-hazardous and may be managed andlor disposed ofin a 

### Subtitle DorSubtitle C landfill. (3-16.96)

v. Ifthe constituent levels in a sample, or composite sample, exceed any ofthe delisting levels set forth in Subsection 

### OOS.01.d., then ESII must submit written notification of the results of the analysis to the


### Page4 

### lAC 2004

# ( IDAHO ADMINISTRATIVECODE DepartmentofEnvironmental Quality IDAPA 58.01.05 Rules andStandards forHazardous Waste Department within fifteen (IS) days from receiving the final analytical results, and any CSEAFD which contributed 

### to the sample mustbe: (3-16-96) (1) Retested, and retreated ifnecessary, until 

### it meets the levels set forth in Subsection 

### 005.0l.d.; or 

### (3-16-96) 

### (2) Managed and disposed ofin accordance with Subtitle C ofRCRA. 

### (3-16-96) vi. Each batch ofCSEAFD shall be managed as hazardous waste in accordance with Subtitle C of RCRA until subsequent verification testing demonstrates that the CSEAFD meets the delisting levels specified in 

### Subsection 005.0l.d. (3-16-96) 

### d. Delisting Levels. 

### (3-16-96) i. All leachable concentrations for these metals must notexceed the following levels (mgfl): antimony 

### 0.06

arsenic 

### 0.50 barium 

### 7.60 beryllium 

### 0.010 cadmium 

### 0.050 chromium 

### 0.33 lead 

### 0.15 mercury 

### 0.009

nickel 

### 1 selenium 

### 0.16 silver 

### 0.30 thallium 

### 0.020 vanadium 

### 2 zinc 

### 70 (3-16-96)

ll. 

### Part261.24. Metal concentrations must be measured in the waste leachate by the method specified in 40 CFR 

### (3-16-96) 

### e_ Modification ofTreatment Process. 

### (3-16-96) i. IfESII makes a decision to modify the Super Detox(R) treatment process from the description of 

### the process as set forth in ESIJ's Petition for DelistingTreated K061 Dustby the SuperDetox(R) Process submitted to the Department on July 14, 1995, ESIJ shall notify the Department in writing prior to 

### implementing the modification. (3-16-96) ii. After ESU's receipt of written approval from the Department, and subject to any conditions 

### included with the approval, ESIJ may implementthe proposed modification. (3-16-96) iii. ffESH modifies its treatmentprocess without first receivingwritten approval from the Department. this exclusion ofwaste will be void from the time the process was modified. (3-16-96) 

### iv. ESlI's Petition for Delisting Treated K061 Dust by the Super Detox(R) Process submitted to the
Page S lAC 

### 2004

### IDAHOADMINISTRATIVECODE Department ofEnvironmental Quality IDAPA 58.01.05 Rules andStandards forHazardous Waste Department on July 14, 1995 is available at the Department ofEnvironmental Quality, Permits and Enforcement, 

### 1410N. Hilton, Boise, Idaho 83706. (3-16-96) f. 

### Records and Data Retention and Submittal. 

### (3-16-96) i. 

### Records ofdisposal site, operating conditions and analytical data from verification testing must be compiled, summarized, and maintained at ESII's Grand View facility for a minimum offive (5) years from the date 

### Ihe records ordata are generated. (3-16-96)
EPA. ii. 

### The records and data maintained 

### by ESII must be furnished upon request to the Department or 

### (3-16-96) iii. Failure to submit requested records or data within ten (10) business days ofreceipt ofa written request or failure to maintain the required records and data on sile for the specified time, 

### will be considered by the Department, at its discretion, sufficientbasis to revoke the exclusion to the extentdirected by the Department. 

### (3-16-96)

IV. All records or data submitted to the Department must be accompanied by a signed copy ofthe following certification statementto attestto the truth and accuracy ofthe records ordata submitted: "Undercivil andl orcriminal penalty oflaw for the making or submission offalse or fraudulent statements orrepresentations, Tcertify that the infonnation containedin oraccompanying this documentistrue, accurate, and complete. As to any identified sections ofthis document for which I cannot personally verify the truth and accuracy, I certify as the ESII official having supervisory responsibility forthe persons who, acting under my direct instructions, made the verification that this infonnation is true, accurate, and complete. In the event that any ofthis infonnation is determined by the Department in its sole discretion to be false, inaccurate, or incomplete, and upon conveyance ofthis fact to ESII, I recognize and agree that this exclusion ofwaste will be void as ifit neverhad effect orto the extent directed by the Department and that ESII will be liable for any actions taken in contravention of ESII's RCRA and CERCLA obligations premised upon ESII's reliance on the void exclusion." (3-16-96) g. Facility Merger and Name Change. On May 4, 200I, the Department was notified of a stock transfer that resulted in ESJI's facility merging with American Ecology. This created a name change from Envirosafe 

### Scrvices ofIdaho,lnc. (ESII) to US Ecology Idaho, Inc. effeclive May 1,2001. All references to Envirosafe Services ofldaho, Inc. orESH now referto US Ecology Idaho, Inc. (3-15-02) 006. STANDARDS APPLICABLE TO GENERATORS OFHAZARDOUS WASTE. 01. Incorporation By Reference. 40 CFR Part 262 and all Subparts, except for the language "forthe Region in which the generator is located" in 40 CFR 262.42(a)(2) and 40 CFR 262.42(b), are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1,2003. Forpurposes of40 CFR 262.55, 262.56, and 262.57(b), "Administrator" shall be defined as the U.S. Environmental Protection Agency Region IO Regional Administrator. Copies ofadvance notification, annual reports, and exception reports, required under those sections, shall also be 

### provided to lhe Director. Forpurposes of40 CFR 262.51, 262.53, 262.54(g)(I), and 262.85(g), EPA shall be 

### defined as the U.S. Environmental Protection Agency. For purposes of40 CFR Part 262 Subparts E, F, H, and 40 CFR 262.4I(a)(4), "United States orU.S." shallbe defined as the United States. (3-20-04) 02. GeneratorEmergencyNotification. In addition totheemergency notification required by40CFR 

### 265.56(d)(2), 262.34(d)(5)(iv)(C), (see 40 CFR 262.34(a)(4», 263.30(c)(I), and 264.56(d)(2), the emergency coordinatormust also immediately notify the State Communications Centerby telephone, 1-800-632-8000, to file an 

### identicalreport. (3-15-02) 007. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE. 40 CFR Part 263 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly I, 2003. For purposes of40 CFR 263.20(g), 263.20(gXI), 263.20(g)(4), 263.2 I

### (a)(4), and 263.22(d), "United States" shall be defined as the United States. (3-20-04) 008. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES.
Page 6 lAC 2004

## ( IDAHO ADMINISTRATIVECODE DepartmentofEnvironmental Quality IDAPA 58.01.05 Rules andStandards forHazardous Waste 40 CFR Part 264 and all Subparts (excluding 40 CFR 264.1(1), 264.149, 264.150, 264.301(1), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(1) and 264.1080(g)) areherein incorporatedbyreference as provided in40 CFR, revised as ofJuly 1,2003. Forpurposes of40 CFR Subsection 264.12(a), "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency Region 

### to Regional Administrator. For purposes of 40 CFR 264.1082(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency. (3-20-04) 009_ INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE lREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 265, and all Subparts (excluding Subpart R, 40 CFR 265.I(c)(4), 265.149, 265.150, 265.1030(c), 265.1050(1),265.1 080(e), 265.1080(1), and 265.I080(g)) andexceptthe language contained in40CFR 265.340(b)(2) as replaced with, "The following requirements continue to apply even when the owner oroperator has demonstrated compliance with the MACT requirements ofpart 63, subpart EEE ofthi, chapter: 40 CFR 265.351 (closure) and the applicable requirements ofSubparts A through H, BB and CC ofthis part
.... are herein incorporated 

### by reference as provided in 40 CFR, revised as of July I, 2003. For purposes of 40 CFR Subsection 265.12(a), "Regional Administrator" shall bedefined as the U.S. Environmental Protection Agenc)l..Region 10 Regional Administrator. For purposes of40 CFR 265.1083(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency. (3·20·04) 010. STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC lYPES OF HAZARDOUS WASTE FACILITIES. 40 CFR Part 266 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly I, 2003. (3-20-04) 011. LAND DISPOSAL RESTRICTIONS. 40 CFR Pan 268 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1, 2003, except for 40 CFR 268. 1(e)(3), 268.5,268.6,268.13, 268.42(b), and 268.44(a) through (g). The authority for implementingtheprovisions oftheseexcludedsections remains with the EPA. However, the requirements ofSections 39-4403(17) and 39-4423, Idaho Code, shall be applied in all cases wherethese requirements are more stringentthan the federal. standards. Ifthe Administratorofthe EPA grants a case-by-case variance pursuant to 40 CFR 268.5, that variance will simultaneously create the same case-by-case variance to the equivalent requirement ofthese rules. For purposes of40 CFR 268.(2)(j) "EPA" shall be defined as the U.S. Environmental Protection Agency. Forpurposes of 40 CFR 268.40(b), "Administrator" shall be defined as u.s. Environmental Protection Agency Administrator. In 40 CFR 268.7(a)(9)(iii), "0009" is excluded, (from lab packs as noted in 40 CFR Part 268 Appendix IV.) In 40 CFR 268.48(a), theentry for "2,4,6-Tribromophenol" is excluded. (3-20-04) 012. HAZARDOUS WASTE PERi\1IT PROGRAM. 40 CFR Part 270 and all Subparts, except 40 CFR 270.12(a) and 40 CFR 270. 14(b)(l8), are herein incorporated by reference as provided in 40 CFR, revised as ofJuly 1,2003. For purposes of40 CFR 270.2,270.5, 270.10(e)(2), 270.10(e)(3), 270.10(1)(2), 270.10(1)(3), 270.10(g), 270.11 (a)(3), 270.32(a), 270.32(b)(2), 270.32(c), 270.5I, 270.72(a)(5), and 270.72(b)(5), "EPA" and "Administrator" or "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency andthe U.S. Environmental Protection AgencyRegion 10 Regional Administrator respectively. (3-20-04) 013. PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR HWMA PERMIT APPLICATIONS). 40 CFR Part 124, Subparts A and B are herein incorporatedby reference as provided in 40 CFR, revised as ofJuly I, 2003, exceptthat 40 CFR 124.19, the fourth sentence of40 CFR 124.31(a), the third sentence of40 CFR 124.32(a), and the second sentence of40 CFR I24.33(a) are expressly omitted from the incorporation by reference ofeach of tbose subsections. For purposes of40 CFR 124.6(e), 124.10(b), and 124.IO(cXI)(ii) "EPA" and "Administrator" or "Regional Administrator" shall bedefmed as the u.S. Environmental Protection Agency and the U.S. Environmental Protection Agency Region 10 Regional Administrator, respectively. (5-2 J-04)T 014. INTERIM STATUS SURFACE IMPOUNDMENTS. In accordance with Section 3005(j) ofRCRA which is herein incorporated by reference, surface impoundments in existence on November 8, 1984, and qualifying for interim status shall not receive, store or treat hazardous waste after November 8, 1988, unless retrofitted to meet standards applicable to new impoundments or subject to an exemption. Copies ofthe federal statute herein incorporated by reference are available in the locations provided in
Page 7 lAC 2004

### IDAHO ADMINISTRATIVECODE DepartmentofEnvironmental Quality IDAPA58.01.05 Rules andStandards forHazardous Waste Subsection 002.02. Standards applicable to new surface impoundments which are referenced in Section 3005U) of 

### RCRA as requirements of Section 3004(n) (42 U.S.C. 6924(0)) appear in federal regulations as 40 CFR Parts 264.220-232 and 265.220-231 and are incorporated as providedin Sections 008 and 009. (3-15-02) 015. STANDARDS FORTHE MANAGEMENT OF USED OIL. 01. Incorporation By Reference. 40 CFR Part 279 and all Subparts are herein incorporated by 

### reference as providedin40CFR, revised as ofJuly 1,2003. Forpurposes of40 CFR 279.43(c)(3)(ii) "Director" shall be defined as the Director, U.S.DOT Office ofHazardous Materials Regulation. (3-20-04) 02. Used Oil As A DustSuppressant. 40 CFR Part 279 contains aprohibition on the use ofused oil as a dust suppressant at 279.82(a), however, States may petition EPA to allow the use ofused oil as a dust suppressant. Members ofthe public may petition the State to make this application to EPA. This petition to the State must: 

### (2-11-94)
8. Be submitted to the Idaho Department ofEnvironmental Quality, 1410 North Hillon, Boise, Idaho 

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

### b. Demonstrate howthe requirements of40CFR 279.82(b) will be met. (2-11-94) 016. STANDARDS FOR UNIVERSAL WASTE MANAGEMENT. 40 CFR Part 273 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as ofJuly I. 

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

- 354. (RESERVED). application for a siting license required by HWFSA shall be accompanied by a siting license fee in an amount esta . hed by these rules. The license fee shall notexceed seven thousand five hundred dollars ($7,500) and shall be submitt ith the siting license application. (3-1-93) 01. icense Fee Criteria. The siting license fee required 

### by HWFSA and these rules shall bebased on the costs to the De ment of reviewing the siting license application and the characteristics ofthe proposed hazardous waste facili , 'neluding the projected site size, projected waste volume, and the hydrogeological characteristics surrounding t ite. (3-1-93)

a. "Projected Waste. oran equivalentmeasurement, proposed e" means the total actual or potential hazardous waste volume, 

### in gallons 

### he hazardous waste facility. (3-1-93)

$7,500 More Than 20,000 ofall proposed "Hazardous Waste Management Unit(s)" as 

### (7-1-97)

Site Size Upto 10,000 1 acre or greater 

### $3,000 $4,000 Equal to or greater than 1/2 acre, 

### 54,000 $5,000

but less than 1 acre 

### Less Ihan 1/2 acre $5,000 56,000

02. License Fee Scale. Except as provided in ection 355.03, the siting license fee required by HWFSA and these rules shall be detennined using the tablebelow. b. "Site Size" means the sum in a 

### defined in Section 004 (40 CFR 260.10).

Page 8 lAC 2004

## ( IDAHO ADMINISTRATIVECODE Department ofEnvironmental Quality IDAPA 58.01.05 Rules andStandards forHazardous Waste

For roposed commercial hazardous waste disposal, treatment or storage facility or anyon-site land disposal facility for s listed pursuant to Section 20I(d)(2) and (e), as modified by Section 209 ofthe Federal Hazardous and Solid Waste ments of 1984, which must submit engineering or hydrogeological information to indicate 

### compliance with 

### technica

. ria as adopted in the Hazardous Waste Management Plan, the siting license fee shall be seven thousand five hundred $7,500). (3-1-93) 04. Expansion, Enlargement cration 

## or A Commercial Hazardous Waste Disposal, Treatment Or Storage Facility Or Any On-site Lan sal Facility For\Vastes Listed PursuantTo Section 20I(D)(2) And (E), As Modified By Section 209 OfThe Hala And SolidWaste Amendments Of1984. The significant expansion, enlargement or alteration of a hazardous was tment, storage or disposal facility in existence on July I, 1985. constitutes a new proposal for which a siting licen equircd and for which a siting license fee mustbe paid. (9-22-89) 05. Siting Lic(':nse Fee Nonrefundable. The siting license- fee required by these hall be nonrefundable and may not be applied toward any subsequent application should the siting license applica 1



### .. 356. VARIANCE APPLICATIONS FORTSD FACILITIES OR SITES. 01. Application ContentsAnd Standard OfReview. Applications for variances shall be submittedin triplicate and shall contain such detailed plans, specifications, and information regarding objectives, procedures, controls, and other pertinent data as the Director may require. A variance shall not exceed one (I) year in duration. The Director may grant a variance only ifthe applicant demonstrates to the Director's satisfaction that construction and operation ofthe TSD facility orsite in the mannerallowed by the variance and any teon orcondition imposed as part ofthe variance: (6-10-88)



### a. 

### b.
c. Is requiredto avert unnecessary and significant hardship; Is nol inconsistent with EPA requirements; and Will not create anuisance ora hazard to the public health. safety orthe environment. (6-10-88) (6-10-88) (6-10-88)
and s hold apublic hearing on any applicationto renew orextenda variance. Thepublichearing shall beheld ata location I e county where the operations that are the subject ofthe application for the variance are conducted unless the Dire detennines that a different location would be more appropriate and convenient for interested members ofthe pUD' The Director shall give at least twenty (20) days' nolice ofthe hearing to the applicant by certified mail and shall ca at least one (t) publication ofnotice in a newspaper with general circulation in either the county where the operation· onductedorthecounty wherethe hearingis tobe held. The Directorshall cause to bemade a complete record ofthe tes· ony and the evidence submitted atthe hearing. (6-10-88) 03. Public Information. All in tion submitted as partofa varianceapplication shall be treated as public infonnation and shall not be subject to any c . ofconfidentiality. The Director shall make the application available for public inspection at the Department's state ce and appropriate regional office. The Director shall make available forpublic inspection at the Department's state e and all regional offices a current list ofpending applications for variances and acurrent scheduleofpending varianc rings. (3-1-93) 04. Director's Decision. No variance shall be issued or denie ·1 the Director has considered the relative interests ofthe applicant, other persons and property affected by the varian nd the public. Any variance granted pursuant to this section shall be for a period specified by the Director but not than one (1) year. No variance shall be issued or denied without a written orderstating the findings upon which the e
05. Applicant To Bear Cost.s. The cost ofpublic notice, recording**~nd t~n~cribing**  oftestimon

Page 9 lAC 2004

### IDAHO ADMINISTRATIVECODE Department

### ofEnvironmental Quality IDAPA 58.01.05 Rules andStandards forHazardous Waste

ROUTING OF HAZARDOUS WASTE SHIPMENTS. 01. 

### Transporting. Any person transporting a quantity ofhazardous waste which requires a manifest eXlentpossible: (6-10-88)

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

### b. traveled. void municipalities and population centers, even when doing so may add miles to the distance (6-10-88) 02. Direc rls Conditions. The Director may. upon a finding that a shipment or shipments of hazardous waste conslitut a greaterthan normal risk to the public health, safety orenvironment, prescribeby order panicular conditions for tha hipment or shipments including but not limited to special placarding, pilot vehicles, routingrestrictions, parkingre ietioRs and liming restrictions. (6-10-88) (RESERVED). 501.

-- 799. 800. INSPECTION PLAN - F The Depanmentmay, as time and resour pennit, conductregularinspections ofpersons orentities subject to these rules, their records, and property at appro· ately the following frequency levels based upon potential risk to the public health or environment. (3-6-91) 01. Commercial TSD Facilities. orsites, up to every day. mercial TSD facilities or sites or offsite generatorTSD facilities (3-6-91 ) 02. Generator**On~Sjte** TSD Facilities. times peryear. nerator on-site TSD facilities or sites

-- up to twenty (20) (3-1-93) 03. 04. 05. Transport Vehicles. Transport vehicles as n essary. TransportFacilities. Transportfacilities or sites up to twelve (12) times per year. Generators. Generators

-- up to twelve (12) times pe ear. (3-6-91 ) (3-1-93) (3-1·93) 06. Conduct Inspections. Nothing in the preceding schedule f frequency levels maybe construed as limiting the Department's authority to conduct inspections when there is rc nable cause to suspect a violation of HWMA orthese rules. The Directormayby policy guidancememorandum mo the inspection frequency levels as necessary for the effective or efficient enforcement ofHWMA andthese rules.**(3.1~93)** 801.

- 849. (RESERVED).

01. False Statements OrRepresentations. Any person who makes a false state in any application, label, manifest, record, report, permit orotherdocument filed, maintained or ed for the purpose of complying with these rules or HWMA thereby commits a violation. Each false statement constitutes a separate and distinct violation for which civil penalties may be imposed. Any person 0 knowingly makes a false statement or representation ofthe type described above is, in addition to civil penalti criminal prosecution for the commission ofa misdemeanor for each statement orrepresentation. 02. Failure To Comply With These Rules, The HWMA, Or OtherRequirements. Any per who violates these rules, HWMA. or any pennit, standard, condition, requirement, compliance agreement ororder is cd pursuant to these rules or HWMA thereby commits a violation. Civil penalties may be imposed for each separ violation and for**~ac~** day**~~** continui!11?**violati~n.** Any 'person**w~o** .knowingly**c~mmits** a violation .of.the typ 850. ILLEGAL ACTIONS.

Page 10 lAC 2004

# ( IDAHO ADMINISTRATIVECODE DepartmentofEnvironmental Quality IDAPA 58.01.05 Rules andStandards forHazardous Waste



### (RESERVED). 900. EXPE URES FROM HAZARDOUS WASTE EMERGENCY ACCOUNT. The Directormaydec a hazardous wasteemergency ifthe public health, safety orthe environment are threatened by arelease orthreat ofre ofa hazardous waste orasubstance which has become a hazardous waste. Following a hazardous waste emergency ,ration, the Department may spend or obligate to be spent up to two hundred thousand dollars ($200,000) from t azardous Waste Emergency Account to obtain equipment and materials, 

### conductinvestigations,test samples, and e oy personnel as necessaryoreliminate ormitigate the immediatethreat and stabilize the situation. The Director may 

### honze'the expenditure or obligation ofmore than two hundred thousand dollars ($200.000) from this account in iven situation upon a finding by the Board that a greater expenditure or obligation is prudentand necessary to pro the public health. safety orenvironment. (5-3-03)

es ofAdministrative Procedure 

### (5-21-04)T (RESERVED). 901.

-- 995. 996. ADMINISTRATIVE PROVISIONS. Administrative appeals ofagency actions shallbe governedby IDAPA 58.01.23, Before the Board ofEnvironmental Quality". 

### 997. CONFIDENTIALITY OFRECORDS. Information obtainedby the Departmentunderthese rules shall bedisclosed to the public in accordan ith Chapter 3,Title 9, Idaho Code. lnfonnation submitted under a trade secretclaimmay be entitledto confidential tr entby 

### the Departmentas provided in Section 9-342A, Idaho Code, and IDAPA 58.01.21. "Rules Governing the Prote

.



### . .. .. 

# '.
998. INCLUSIVE GENDERAND NUMBER Forthe purposes ofthese rules. words used in the masculine genderalso include the feminine and neuter gender. and vice versa, where appropriate. Words in the singular include the plural and words in theplural include the singular. 

### (3-1-93)
The proyision.s ofthese rules are**~e.vera** e eclaredinvalid for any reason, that



### Page II lAC 2004

# Subject Index

A ApplicantTo BeaT Costs 9 Application Contents & Standard Of

Review 9 Availability OfReferenced Material 2 

# c CFR 2 Commercial TSD Facilities J0 Conduct Inspections 10 

### D Definitions. IDAPA 58.01.05, Rules &

Standards For Hazardous Waste 2 Director's Conditions 10 Directors Decision 9 

### E Envirorunental Appeals Board 2 Excluded Wastes 3 Expansion. Enlargement OrAlteration

OfA Commercial Hazardous Waste Disposal. Treatment Or Storage Facility 9 Expenditures From Hazardous Waste

Emergency Accounts 11 

## F FailureTo Comply With These Rules.

The HWMA. OrOther Requirements 10 False Statements Or

Representations 10 

### G GeneratorEmergency Notification 6 Generator On·Site TSD Facilities JO Generators 10 

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

License Fee 8 Hazardous Waste Management

System 3 Hazardous Waste Pennit Program 7 

### I Identification & Listing OfHazardous

Waste 3 Illegal Actions 10 Incorporation By Reference OfFederal

Regulations, IDAPA 58.01.05 2 Inspection Plan

-- Frequency

Levels 10 Interim StatusStandards ForOwners &

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

Impoundments 7 

### L Land Disposal Restriclions 7 Legal Authority 2 license Fee Criteria 8 license Fee ForFacilities Required To

Submit Engineering Or Hydrogeologicallnfonnation 9 License Fee Scale 8 

### p ProceduresForDecision-Making(State

Procedures For RCRA OrHWMA

.... Pennit Applications) 7 Public Hearings 9 Public Information 9 

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

Shipments 10 

### S Siting License FeeNonrefundable 9 Standards ApplicableToGenerators Of

Hazardous Waste 6 Standards ApplicableTo Transpol1ers

OfHazardous Waste 6 Standards For Owners & Operators Of

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

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

Used Oil 8 Standards ForUniversal Waste

Management 8 

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

# u u.S. Environmental Protection Agency

OrEPA 3 United States OrU.S 3 Used Oil As A Dust Suppressant 8 

### V Variance Applications ForTSD

Page 12 Facilities OrSites 9