Section 58.01.05.005 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 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.
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.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. 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.b. Initial Verification Testing. 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.ii. Before the initial treatment of any new source of EAFD, USEI must notify the Department in writing. The written notification includes:(1) The waste profile information; and(2) The name and address of the generator.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.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.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: (1) Initial verification testing demonstrates that the CSEAFD meets the delisting levels specified in Subsection 005.02.d.; and(2) The operational and analytical test data is submitted to the Department pursuant to Subsection 005.02.b.iv.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.c. Subsequent Verification Testing. 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.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.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.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.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:(1) Retested, and retreated if necessary, until it meets the levels set forth in Subsection 005.02.d.; or(2) Managed and disposed of in accordance with Subtitle C of RCRA.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.d. Delisting Levels. 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 |
ii. Metal concentrations must be measured in the waste leachate by the method specified in 40 CFR Part 261.24.e. Modification of Treatment Process. 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.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.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.f. Records and Data Retention and Submittal.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.ii. The records and data maintained by USEI must be furnished upon request to the Department or EPA.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.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."Idaho Admin. Code r. 58.01.05.005