(

IDAHO

ADMINISTRATIVE

CODE

July 2004 - Volume 9

Official Publication of the State of Idaho

Published by the Department of Administration

Office of the Administrative Rules Coordinator

The Idaho Administrative Code is published annually by the Office of the

Administrative Rules Coordinator, Department of Administration, Statehouse Mail,

Boise, Idaho 83720-0306, pursuant to Title 67, Chapter 52, Idaho Code.

Dirk Kempthorne, Governor

Pamela I. Ahrens, Director, Department of Administration

Dennis R. Stevenson, Administrative Rules Coordinator, Editor

Michelle McMullen, Administrative Rules Specialist, Editor

Edward Hawley, Desktop Publishing Specialist

Cover Photo Courtesy of the City of Boise

Printed by Meridian Quality Copy &Print, Inc., Meridian, Idaho

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

Table of Contents

58.01.05 - Rules and Standards for Hazardous Waste

000. Legal Authority. . 2

001. Title 2

002. Incorporation By Reference Of Federal Regulations. . 2

003. Definitions. . 2

004. Hazardous Waste Management System 3

005. Identification And Listing Of Hazardous Waste 3

006. Standards Applicable To Generators Of Hazardous Waste 6

007. Standards Applicable To Transporters Of Hazardous Waste 6

008. Standards For Owners And Operators Of Hazardous Waste Treatment,

Storage And Disposal Facilities. . 6

009. Interim Status Standards For Owners And Operators Of Hazardous

Waste Treatment, Storage And Disposal Facilities 7

010. Standards For The Management Of Specific Hazardous Wastes

And Specific Types Of Hazardous Waste Facilities. .. 7

011. Land Disposal Restrictions 7

012. Hazardous Waste Permit Program. . 7

013. Procedures For Decision-Making (State Procedures For RCRA

Or HWMA Permit Applications). .. 7

014. Interim Status Surface Impoundments 7

015. Standards For The Management Of Used Oil. 8

016. Standards For Universal Waste Management. 8

017. -- 354. (Reserved) 8

355. Hazardous Waste Facility Siting License Fee 8

356. Variance Applications For TSD Facilities Or Sites. .. 9

357. -- 499. (Reserved) 10

500. Routing Of Hazardous Waste Shipments. .. 10

501. -- 799. (Reserved) 10

800. Inspection Plan -- Frequency Levels 10

801. -- 849. (Reserved) 10

850. Illegal Actions 10

851. -- 899. (Reserved) 11

900. Expenditures From Hazardous Waste Emergency Account. 11

901. -- 995. (Reserved). .. 11

996. Administrative Provisions. .. 11

997. Confidentiality Of Records. .. 11

998. Inclusive Gender And 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 of Environmental Quality by the Hazardous

Waste Management Act of 1983 (HWMA), Secllons aho Code, and the authority vested in the

Director of the Department of Environmental Quality by the Hazardous Waste ac . . 1985, Sections

001. TITLE.

These rules shall be known as Idaho Department of Environmental Quality Rules, IDAPA 58.01.05, "Rules and

Standards for Hazardous Waste". (2-11-94)

002. INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS.

Any reference in these rules to requirements, procedures, or specific [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 of that part and Subparts as they appear in 40 CFR, revised as of July 1,2003, including any notes and

appendices therein, unless expressly provided 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 Section 404 of the Clean Water Act, the National Pollution Discharge Elimination System (NPDES) under the

Clean Water Act or Prevention of Significant Deterioration Program (PSD) under the Clean Air Act is adopted or

included by reference herein. (7-2-97)

02. Availability Of Referenced Material. The federal regulations adopted by reference throughout

these rules are maintained at the fo11owing locations: (7-2-97)

a. U.S. Government Printing Office, 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. Department of Environmental Quality, 1410 N. Hilton, Boise, lD 83706-1255, (208)373-0502.

(7-2-97)

003. DEFINITIONS.

For the purpose of these rules and any materials incorporated herein by reference, the following definitions apply

unless their application would be inconsistent with the Hazardous Waste Management Act, or unless these rules

expressly provide for different definitions. (3-1-93)

01. Board. The Idaho Board of Environmental Quality. (6-10-88)

02. CFR. The United States Code of Federal Regulations. (3-1-93)

03. Department. The Idaho Department of Environmental Quality. (6-10-88)

04. Director. When used in the context of 40 CFR, the definition shall be the Director of the ldaho

Department of Environmental Quality, or his designee, as the context requires. When used in the context of these

rules, the definition shall be the U. S. Envi~onmental Protection Agency Region 10 Regional Administrator. (5-3-03)

05. Environmental Appeals Board. When used in the context of 40 CFR, the definition shall be the

Idaho Board of Environmental Quality except as set forth in Section 39-4413(2), Idaho Code, or except where noted

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

(3-15-02)

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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 Department of Environmental Quality. except when used to refer

to an EPA Identification number, EPA hazardous waste number, EPA forms, publications or guidance. and EPA

Acknowledgment of Consent, and where noted in these rules. Under the latter circumstances, the definition shall be

the U.S. Environmental Protection Agency and the Headquaners of the U.S. Environmental Protection Agency as appropriate. When used in the context of these rules, the definition shall be the U.S. Environmental Protection

Agency. (3-15-02)

07. HWFSA. The Hazardous Waste Facility Siting Act of 1985, Sections 39-5801 et seq., Idaho Code.

(3-1-93)

08. HWMA. The Hazardous Waste Management Act of 1983, Sections 39-4401 et seq.,ldaho Code.

(3-1-93)

09. IDAPA. The Idaho Administrative Procedures Act, Chapter 52, Title 67,Idaho Code. (3-1-93)

10. RCRA. When used in the context of 40 CFR, the definition shall be the comparable sections ofthe

Hazardous Waste Management Act of 1983, Sections 39-4401 et seq.. Idaho Code. When used in the context ofthese

rules, the definition shall be The Resource Conservation and Recovery Act, 42 U.S. Code, Sections 6901 et seq.

(7-1-97)

11. Regional Administrator Or Administrator. When used in the context of 40 CFR, the definition

shall be the Director of the Idaho Department of Environmental Quality, or his designee, except where noted in these

rules. When used in the context of these rules, the definition shall be the U.S. Environmental Protection Agency

Administrator or Region J0 Regional Administrator as appropriate. (3-15-02)

12. TSD. Treatment, storage or disposal. (6-10-88)

13. United States Or U.S. When used in the context of 40 CFR, the definition shall be the state of

Idaho, except where noted in these rules. When used in the context ofthese rules, the definition shall be the United

States. (7-1-97)

004. HAZARDOUS WASTE MANAGEMENT SYSTEM.

40 CFR Pan 260 and all Subparts. except 40 CFR 260.2, are herein incorporated by reference as provided in 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 of 40

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 or equivalent

test methods in Chapter 7 ofSW-846," except "49 CFR 173.151" in 40 CFR 261.21(aX4) as replaced with "49 CFR

173.127" and except 40 CFR 261.23(a)(8), are herein incorporated by reference as provided in 40 CFR, revised as of

July I, 2003. For purposes of 40 CFR 261.10 and 40 CFR 261.11, "Administrator" shall be defined as the U.S.

Environmental Protection Agency Administrator. For purposes of 40 CFR 261 Appendix IX, "EPA" shall be defined

as the U.S. Environmental Protection Agency. (3-20-04)

01. Excluded Wastes. Chemically Stabilized Electric Arc Furnace Dust (CSEAFD) generated by

Envirosafe Services of Idaho, Inc. (ESIl) at ESlI's facility in Grand View, Idaho using the Super Detox(R) treatment

process as modified by ESrr and that is disposed ofin a Subtitle 0 or Subtitle C landfill is excluded from the lists of

hazardous waste provided ESII implements a program that meets the following conditions: (3-16-96)

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)

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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 of Environmental Quality Hazardous Waste No. K061, whose

waste has not previously been processed by ESII using the Super Detox(R) treatment process resulting in processed

EAFD which has been subjected to initial verification testing and has demonstrated compliance with the delisting

levels specified in Subsection 005.0l.d. (3·16-96)

ii. Prior to the initial treatment of any new source of EAFD. ESII must notify the Department in

writing. The written notification shall include: (3-16-96)

(I)

(2)

The waste profile infonnation; and

The name and address of the 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 of the four (4) samples shall be analyzed to determine if the CSEAFD generated meets the delisting

levels specified in Subsection 005.01.d. (3-16-96)

iv. If the initial verification testing demonstrates that the CSEAFD samples meet the delisting levels

specified in Subsection 005.0 l.d., ESIl shall submit the operational and analytical test data. including quality control

information, to the Department, in accordance with Subsection 005.01.f. Subsequent to such data submittal, the

CSEAFD generated from EAFD originating from the new source shall be considered delisted. (3-16-96)

v. CSEAFD generated by ESll from EAFD originaling from a new source shall be managed as hazardous waste in accordance with Subtitle C of RCRA unlil: (3-16-96)

(1) Initial verification testing demonstrates that the CSEAFD meets the delisting levels specified in

Subsection 005.0 Ld.; 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. Subsequent Verification 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 of CSEAFD generated by ESII. ESll may, at its discretion, conduct

subsequent verification testing on composite samples. In no event shall a composite sample consist of representative

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

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

CSEAFD meets lhe delisting levels specified in Subsection 005.01.d. (3-16.96)

III. Each batch ofCSEAFD generated by ESII shall be subjecled to subsequent verification testing no later than thirty (30) days after it is generated by ESII. (3·16-96)

iv. Ifthe levels of constituents measured in a sample, or composite sample, of CSEAFD do not exceed

the levels set forth in Subsection 005.0l.d.,lhen any batch ofCSEAFD which contributed to the sample that does not

exceed the levels set forth in Subsection OOS.01.d. is non-hazardous and may be managed andlor disposed of in a

Subtitle D or Subtitle C landfill. (3-16.96)

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

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

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Department within fifteen (IS) days from receiving the final analytical results, and any CSEAFD which contributed

to the sample must be: (3-16-96)

(1) Retested, and retreated if necessary, 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 of RCRA. (3-16-96)

vi. Each batch of CSEAFD 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 not exceed 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.

Part 261.24.

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

(3-16-96)

e_ Modification of Treatment Process. (3-16-96)

i. If ESII makes a decision to modify the Super Detox(R) treatment process from the description of

the process as set forth in ESIJ's Petition for Delisting Treated K061 Dust by the Super Detox(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 implement the proposed modification. (3-16-96)

iii. ffESH modifies its treatment process without first receiving written approval from the Department.

this exclusion of waste will be void from the time the process was modified. (3-16-96)

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

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Department on July 14, 1995 is available at the Department of Environmental Quality, Permits and Enforcement,

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

f. Records and Data Retention and Submittal. (3-16-96)

i. Records of disposal site, operating conditions and analytical data from verification testing must be

compiled, summarized, and maintained at ESII's Grand View facility for a minimum of five (5) years from the date

Ihe records or data 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 of receipt of a 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, sufficient basis to revoke the exclusion to the extent directed by the Department.

(3-16-96)

IV. All records or data submitted to the Department must be accompanied by a signed copy of the

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

or criminal penalty of law for the making or submission of false or fraudulent statements or representations, Tcertify

that the infonnation contained in or accompanying this document is true, accurate, and complete. As to any identified

sections of this document for which I cannot personally verify the truth and accuracy, I certify as the ESII official

having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that

this infonnation is true, accurate, and complete. In the event that any of this infonnation is determined by the

Department in its sole discretion to be false, inaccurate, or incomplete, and upon conveyance of this fact to ESII, I

recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by the

Department and that 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, 200 I, 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 of Idaho,lnc. (ESII) to US Ecology Idaho, Inc. effeclive May 1,2001. All references to Envirosafe Services

ofldaho, Inc. or ESH now refer to US Ecology Idaho, Inc. (3-15-02)

006. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE.

01. Incorporation By Reference. 40 CFR Part 262 and all Subparts, except for the language "for the

Region in which the generator is located" in 40 CFR 262.42(a)(2) and 40 CFR 262.42(b), are herein incorporated by

reference as provided in 40 CFR, revised as ofJuly 1,2003. For purposes of 40 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 of advance notification, annual reports, and exception reports, required under those sections, shall also be

provided to lhe Director. For purposes of 40 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 of 40 CFR Part 262 Subparts E, F, H, and 40 CFR

262.4I(a)(4), "United States or U.S." shall be defined as the United States. (3-20-04)

02. Generator Emergency Notification. In addition to the emergency notification required by 40 CFR

265.56(d)(2), 262.34(d)(5)(iv)(C), (see 40 CFR 262.34(a)(4», 263.30(c)(I), and 264.56(d)(2), the emergency

coordinator must also immediately notify the State Communications Center by telephone, 1-800-632-8000, to file an

identical report. (3-15-02)

007. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE.

40 CFR Part 263 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 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.

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

revised as ofJuly 1,2003. For purposes of40 CFR Subsection 264.12(a), "Regional Administrator" shall be defined

as the U.S. Environmental Protection Agency Region 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)) and except the language contained in 40 CFR 265.340(b)(2)

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

compliance with the MACT requirements of part 63, subpart EEE ofthi, chapter: 40 CFR 265.351 (closure) and the

applicable requirements of Subparts A through H, BB and CC ofthis part.... are herein incorporated by reference as

provided in 40 CFR, revised as of July I, 2003. For purposes of 40 CFR Subsection 265.12(a), "Regional

Administrator" shall be defined as the U.S. Environmental Protection Agenc)l..Region 10 Regional Administrator. For

purposes of 40 CFR 265.1083(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency.

(3·20·04)

010. STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND

SPECIFIC lYPES 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

implementing the provisions of these excluded sections remains with the EPA. However, the requirements ofSections

39-4403(17) and 39-4423, Idaho Code, shall be applied in all cases where these requirements are more stringent than

the federal. standards. If the Administrator ofthe EPA grants a case-by-case variance pursuant to 40 CFR 268.5, that

variance will simultaneously create the same case-by-case variance to the equivalent requirement of these rules. For

purposes of 40 CFR 268.(2)(j) "EPA" shall be defined as the U.S. Environmental Protection Agency. For purposes of

40 CFR 268.40(b), "Administrator" shall be defined as u.s. Environmental Protection Agency Administrator. In 40

CFR 268.7(a)(9)(iii), "0009" is excluded, (from lab packs as noted in 40 CFR Part 268 Appendix IV.) In 40 CFR

268.48(a), the entry for "2,4,6-Tribromophenol" is excluded. (3-20-04)

012. HAZARDOUS WASTE 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 of July 1,2003. For purposes of 40 CFR 270.2,270.5, 270.10(e)(2),

270.10(e)(3), 270.10(1)(2), 270.10(1)(3), 270.10(g), 270.11 (a)(3), 270.32(a), 270.32(b)(2), 270.32(c), 270.5 I,

270.72(a)(5), and 270.72(b)(5), "EPA" and "Administrator" or "Regional Administrator" shall be defined as the U.S.

Environmental Protection Agency and the U.S. Environmental Protection Agency Region 10 Regional Administrator

respectively. (3-20-04)

013. PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR HWMA

PERMIT APPLICATIONS).

40 CFR Part 124, Subparts A and B are herein incorporated by reference as provided in 40 CFR, revised as ofJuly I,

2003, except that 40 CFR 124.19, the fourth sentence of 40 CFR 124.31(a), the third sentence of40 CFR 124.32(a),

and the second sentence of 40 CFR I24.33(a) are expressly omitted from the incorporation by reference of each 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 be defmed 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) of RCRA which is herein incorporated by reference, surface impoundments in

existence on November 8, 1984, and qualifying for interim status shall not receive, store or treat hazardous waste

after November 8, 1988, unless retrofitted to meet standards applicable to new impoundments or subject to an

exemption. Copies of the federal statute herein incorporated by reference are available in the locations provided in

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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 provided in Sections 008 and 009. (3-15-02)

015. STANDARDS FOR THE MANAGEMENT OF USED OIL.

01. Incorporation By Reference. 40 CFR Part 279 and all Subparts are herein incorporated by

reference as provided in 40 CFR, revised as ofJuly 1,2003. For purposes of40 CFR 279.43(c)(3)(ii) "Director" shall

be defined as the Director, U.S.DOT Office of Hazardous Materials Regulation. (3-20-04)

02. Used Oil As A Dust Suppressant. 40 CFR Part 279 contains a prohibition on the use of used oil as

a dust suppressant at 279.82(a), however, States may petition EPA to allow the use of used oil as a dust suppressant.

Members of the 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 of Environmental Quality, 1410 North Hillon, Boise, Idaho

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

b. Demonstrate how the requirements of 40 CFR 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 of July I.

2003. For purposes of 40 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 not exceed 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 be based on

the costs to the De ment of reviewing the siting license application and the characteristics of the 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.

or an equivalent measurement, 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

of all proposed "Hazardous Waste Management Unit(s)" as

(7-1-97)

Site Size Up to 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 table below.

b. "Site Size" means the sum in a

defined in Section 004 (40 CFR 260.10).

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IDAHO ADMINISTRATIVE CODE

Department ofEnvironmental Quality

IDAPA 58.01.05

Rules and Standards for Hazardous Waste

For roposed commercial hazardous waste disposal, treatment or storage facility or anyon-site land disposal

facility for s listed pursuant to Section 20 I(d)(2) and (e), as modified by Section 209 of the 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 Pursuant To Section

20I(D)(2) And (E), As Modified By Section 209 Of The Hala And Solid Waste Amendments Of 1984. 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 must be 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 FOR TSD FACILITIES OR SITES.

01. Application Contents And Standard Of Review. Applications for variances shall be submitted in

triplicate and shall contain such detailed plans, specifications, and information regarding objectives, procedures,

controls, and other pertinent data as the Director may require. A variance shall not exceed one (I) year in duration.

The Director may grant a variance only if the applicant demonstrates to the Director's satisfaction that construction

and operation of the TSD facility or site in the manner allowed by the variance and any teon or condition imposed as

part ofthe variance: (6-10-88)

a.

b.

c.

Is required to avert unnecessary and significant hardship;

Is nol inconsistent with EPA requirements; and

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

(6-10-88)

(6-10-88)

(6-10-88)

and s hold a public hearing on any application to renew or extend a variance. The public hearing shall be held at a

location I e county where the operations that are the subject of the application for the variance are conducted

unless the Dire detennines that a different location would be more appropriate and convenient for interested

members of the pUD' The Director shall give at least twenty (20) days' nolice of the hearing to the applicant by

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

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

be made a complete record ofthe tes· ony and the evidence submitted at the hearing. (6-10-88)

03. Public Information. All in tion submitted as part of a variance application shall be treated as

public infonnation and shall not be subject to any c . of confidentiality. 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 for public inspection at the Department's state e and all regional offices a current list of pending

applications for variances and a current schedule of pending varianc rings. (3-1-93)

04. Director's Decision. No variance shall be issued or denie ·1 the Director has considered the

relative interests of the 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 order stating the findings upon which the e

05. Applicant To Bear Cost.s. The cost of public notice, recording ~nd t~n~cribing of testimon

Page 9 lAC 2004
IDAHO ADMINISTRATIVE CODE

Department ofEnvironmental Quality

IDAPA 58.01.05

Rules and Standards for Hazardous Waste

ROUTING OF HAZARDOUS WASTE SHIPMENTS.

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

eXlent possible: (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 greater than normal risk to the public health, safety or environment, prescribe by order

panicular conditions for tha hipment or shipments including but not limited to special placarding, pilot vehicles,

routing restrictions, parking re ietioRs and liming restrictions. (6-10-88)

501. -- 799. (RESERVED).

800. INSPECTION PLAN - F

The Depanment may, as time and resour pennit, conduct regular inspections of persons or entities 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.

or sites, up to every day.

mercial TSD facilities or sites or offsite generator TSD facilities

(3-6-91 )

02. Generator On~Sjte TSD Facilities.

times per year.

nerator on-site TSD facilities or sites -- up to twenty (20)

(3-1-93)

03.

04.

05.

Transport Vehicles. Transport vehicles as n essary.

Transport Facilities. Transport facilities 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 may be construed as

limiting the Department's authority to conduct inspections when there is rc nable cause to suspect a violation of

HWMA or these rules. The Director may by policy guidance memorandum mo the inspection frequency levels as

necessary for the effective or efficient enforcement ofHWMA and these rules. (3.1~93)

801. - 849. (RESERVED).

01. False Statements Or Representations. Any person who makes a false state

in any application, label, manifest, record, report, permit or other document 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 of the type described above is, in addition to civil penalti

criminal prosecution for the commission of a misdemeanor for each statement or representation.

02. Failure To Comply With These Rules, The HWMA, Or Other Requirements. Any per who

violates these rules, HWMA. or any pennit, standard, condition, requirement, compliance agreement or order 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 ADMINISTRATIVE CODE

Department of Environmental Quality

IDAPA 58.01.05

Rules and Standards for Hazardous Waste

(RESERVED).

900. EXPE URES FROM HAZARDOUS WASTE EMERGENCY ACCOUNT.

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

by a release or threat ofre of a hazardous waste or a substance 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,

conduct investigations, test samples, and e oy personnel as necessary or eliminate or mitigate the immediate threat

and stabilize the situation. The Director may honze'the expenditure or obligation of more 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 prudent and necessary to pro the public health. safety or environment. (5-3-03)

es ofAdministrative Procedure

(5-21-04)T

901. -- 995. (RESERVED).

996. ADMINISTRATIVE PROVISIONS.

Administrative appeals of agency actions shall be governed by IDAPA 58.01.23,

Before the Board of Environmental Quality".

997. CONFIDENTIALITY OF RECORDS.

Information obtained by the Department under these rules shall be disclosed to the public in accordan ith Chapter

3, Title 9, Idaho Code. lnfonnation submitted under a trade secret claim may be entitled to confidential tr ent by

the Department as provided in Section 9-342A, Idaho Code, and IDAPA 58.01.21. "Rules Governing the Prote . . .. ..'.

998. INCLUSIVE GENDER AND NUMBER

For the purposes of these rules. words used in the masculine gender also include the feminine and neuter gender. and

vice versa, where appropriate. Words in the singular include the plural and words in the plural include the singular.

(3-1-93)

The proyision.s of these rules are ~e.vera e eclared invalid for any reason, that

Page II lAC 2004
Subject Index

A

Applicant To BeaT Costs 9

Application Contents & Standard Of

Review 9

Availability Of Referenced 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 Or Alteration

OfA Commercial Hazardous Waste

Disposal. Treatment Or Storage

Facility 9

Expenditures From Hazardous Waste

Emergency Accounts 11

F

Failure To Comply With These Rules.

The HWMA. Or Other

Requirements 10

False Statements Or

Representations 10

G

Generator Emergency 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 Of Hazardous

Waste 3

Illegal Actions 10

Incorporation By Reference Of Federal

Regulations, IDAPA 58.01.05 2

Inspection Plan -- Frequency

Levels 10

Interim Status Standards For Owners &

Operators Of Hazardous 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 For Facilities Required To

Submit Engineering Or

Hydrogeologicallnfonnation 9

License Fee Scale 8

p

Procedures For Decision-Making (State

Procedures For RCRA Or HWMA ....

Pennit Applications) 7

Public Hearings 9

Public Information 9

R

RCRA 3

Regional Administrator 3

Routing Of Hazardous Waste

Shipments 10

S

Siting License Fee Nonrefundable 9

Standards Applicable To Generators Of

Hazardous Waste 6

Standards Applicable To Transpol1ers

Of Hazardous Waste 6

Standards For Owners & Operators Of

Hazardous Waste Treatment, Storage

& Disposal Facilities 6

Standards For The Management Of

Specific Hazardous Wastes &

Specific Types Of Hazardous Waste

Facilities 7

Standards For The Management Of

Used Oil 8

Standards For Universal Waste

Management 8

T

TSD 3

Title 2

Transport Facilities 10

Transport Vehicles 10

Transporting 10

u

u.S. Environmental Protection Agency

Or EPA 3

United States Or U.S 3

Used Oil As A Dust Suppressant 8

V

Variance Applications ForTSD

Page 12

Facilities Or Sites 9