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)