Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.005 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

Current through August 31, 2023
40 CFR Part 261 and all Subparts (excluding 261.4(b)(17)),
				except the language "in the Region where the sample is collected" in
				40 CFR
				261.4(e)(3)(iii), are
				incorporated by reference in Section
				002. For
				40 CFR
				261.10 and
				40 CFR
				261.11, "Administrator" is defined as the EPA
				Administrator. For purposes of
				40 CFR
				261.4(b)(11)(ii),
				40 CFR
				261.39(a)(5),
				40 CFR
				261.41, and
				40 CFR
				261 Appendix IX, "EPA" is defined as the EPA.
				Copies of annual reports and advance notifications under these sections must
				also be sent to the Director. (3-24-22)
01.
Hazardous Secondary Materials
			 Managers Emergency Notification
. In addition to the emergency
			 notification provided in 40
			 CFR 261.411(d)(3) and
			 261.420(f)(4)(ii),
			 the emergency coordinator must also immediately notify the Idaho Office of
			 Emergency Management by telephone, 1-800-632-8000, to file an identical report.
			 (3-24-22)
02.
Excluded
			 Wastes
. Chemically Stabilized Electric Arc Furnace Dust (CSEAFD)
			 generated by US Ecology Idaho, Inc. (USEI), formerly Envirosafe Services of
			 Idaho, at USEI's facility in Grand View, Idaho, using the Super Detox(R)
			 treatment process as modified by USEI and that is disposed of in a Subtitle D
			 or Subtitle C landfill, is excluded from the lists of hazardous waste provided
			 USEI implements a program that meets the following conditions. (3-24-22)
a. Verification Testing. Sample Collection
			 and analyses, including quality control procedures, conducted pursuant to
			 Subsections 005.02.b. and 005.02.c., must
			 be performed according to SW-846 methodologies and the RCRA Part B permit,
			 including future revisions. (3-24-22)
b. Initial Verification Testing. (3-24-22)
i. For Subsection
			 005.02.b., "new source" means
			 any generator of Electric Arc Furnace Dust (EAFD), EPA and Idaho Department of
			 Environmental Quality Hazardous Waste No. KO61, whose waste has not previously
			 been processed by USEI 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
			 005.02.d. (3-24-22)
ii. Before the initial treatment of any new
			 source of EAFD, USEI must notify the Department in writing. The written
			 notification includes: (3-24-22)
(1) The waste
			 profile information; and (3-24-22)
(2) The name and address of the generator.
			 (3-24-22)
iii. The first
			 four (4) consecutive batches treated must be sampled in accordance with
			 Subsection 005.02.a. Each of the four (4)
			 samples must be analyzed to determine if the CSEAFD generated meets the
			 delisting levels specified in Subsection
			 005.02.d. (3-24-22)
iv. If the initial verification testing
			 demonstrates that the CSEAFD samples meet the delisting levels specified in
			 Subsection 005.02.d., USEI must submit
			 the operational and analytical test data, including quality control
			 information, to the Department in accordance with Subsection
			 005.02.f. Subsequent to such
			 data submittal, the CSEAFD generated from EAFD originating from the new source
			 must be considered delisted. (3-24-22)
v. CSEAFD generated by USEI from EAFD
			 originating from a new source must be managed as hazardous waste in accordance
			 with Subtitle C of RCRA until: (3-24-22)
(1)
			 Initial verification testing demonstrates that the CSEAFD meets the delisting
			 levels specified in Subsection
			 005.02.d.; and
			 (3-24-22)
(2) The operational and
			 analytical test data is submitted to the Department pursuant to Subsection
			 005.02.b.iv.
			 (3-24-22)
vi. For
			 Subsections 005.02.b. and 005.02.c.,
			 "batch" means the CSEAFD that results from a single treatment episode in a full
			 scale mixing vessel. (3-24-22)
c. Subsequent Verification Testing. (3-24-22)
i. Subsequent to initial verification
			 testing, USEI must collect a representative sample, in accordance with
			 Subsection 005.02.a., from each batch of
			 CSEAFD generated. USEI may, at its discretion, conduct subsequent verification
			 testing on composite samples. A composite sample may consist of representative
			 samples from a maximum of twenty (20) batches of CSEAFD. (3-24-22)
ii. The samples must be analyzed before
			 disposal of each batch of CSEAFD to determine if the CSEAFD meets the delisting
			 levels specified in Subsection
			 005.02.d. (3-24-22)
iii. Each batch of CSEAFD generated by USEI
			 must be subjected to subsequent verification testing no later than thirty (30)
			 days after it is generated. (3-24-22)
iv. If the levels of constituents measured in
			 a sample, or composite sample, of CSEAFD do not exceed the levels set forth in
			 Subsection 005.02.d., any batch of CSEAFD
			 which contributed to the sample that does not exceed the levels set forth in
			 Subsection 005.02.d. is non-hazardous and
			 may be managed at or disposed of in a Subtitle D or Subtitle C landfill.
			 (3-24-22)
v. If the constituent
			 levels in a sample, or composite sample, exceed any of the delisting levels set
			 forth in Subsection 005.02.d., USEI must submit
			 written notification of the results of the analysis to the Department within
			 fifteen (15) days from receiving the final analytical results, and any CSEAFD
			 which contributed to the sample must be: (3-24-22)
(1) Retested, and retreated if necessary,
			 until it meets the levels set forth in Subsection
			 005.02.d.; or
			 (3-24-22)
(2) Managed and disposed
			 of in accordance with Subtitle C of RCRA. (3-24-22)
vi. Each batch of CSEAFD must 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
			 005.02.d.
			 (3-24-22)
d. Delisting
			 Levels. (3-24-22)
i. All leachable
			 concentrations for these metals must not exceed the following levels (mg/l):
antimony
0.06
mercury
0.009
arsenic
0.50
nickel
1
barium
7.60
selenium
0.16
beryllium
0.010
silver
0.30
cadmium
0.050
thallium
0.020
chromium
0.33
vanadium
2
lead
0.15
zinc
70
(3-24-22)
ii. Metal concentrations must be measured in
			 the waste leachate by the method specified in 40 CFR Part 261.24 .
			 (3-24-22)
e. Modification
			 of Treatment Process. (3-24-22)
i. If USEI
			 proposes to modify the Super Detox(R) treatment process from the description of
			 the process as set forth in USEI's Petition for Delisting Treated K061 Dust by
			 the Super Detox(R) Process submitted to the Department on July 14, 1995
			 (available at the Department's state office), USEI must notify the Department
			 in writing before implementing the modification. (3-24-22)
ii. After USEI's receipt of written approval
			 from the Department, and subject to any conditions included with the approval,
			 USEI may implement the proposed modification. (3-24-22)
iii. If USEI 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.
			 (3-24-22)
f. Records and
			 Data Retention and Submittal. (3-24-22)
i.
			 Records of disposal site, operating conditions and analytical data from
			 verification testing must be compiled, summarized, and maintained at USEI's
			 Grand View facility for a minimum of five (5) years from the date the records
			 or data are generated. (3-24-22)
ii. The records and data maintained by USEI
			 must be furnished upon request to the Department or EPA. (3-24-22)
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 site for the specified time, will
			 be considered by the Department, at its discretion, sufficient basis to revoke
			 the exclusion to the extent directed by the Department. (3-24-22)
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 and criminal penalty of law for the making or submission of false
			 or fraudulent statements or representations, I certify that the information
			 contained in or accompanying this document is true, accurate, and complete. As
			 to any identified sections of this document for which I cannot personally
			 verify the truth and accuracy, I certify as the USEI official having
			 supervisory responsibility for the persons who, acting under my direct
			 instructions, made the verification that this information is true, accurate,
			 and complete. In the event that any of this information is determined by the
			 Department in its sole discretion to be false, inaccurate, or incomplete, and
			 upon conveyance of this fact to USEI, 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 USEI will be liable for any actions taken in
			 contravention of USEI's RCRA and CERCLA obligations premised upon USEI's
			 reliance on the void exclusion." (3-24-22)