, ,) 

### VIet-ORATIYEH Governor 

# Department ofEnvironmental Quality

522 S.W.FIFTH AVENUE, BOX 1760,PORTLAND,OREGON 97207 PHONE: (503) 229-5696 August 30, 1985

• Ernesta Barnes Regional Administrator U.S. Environmental ProtectionAgency Region X 1200 Sixth Avenue Seattle, WA 98101 Re:

### ~V"'~ Dear**~arnes:** Enclosed please find Oregon's revised application for Final Authorization to operate the state's hazardous waste program in lieu ofthe federal program current as ofMay 1, 1985. This submittal amends the state's original application ofJune 1, 1984. Therevised application addresses EPA's earlier comments and requests for**~;clarifying** information. Replacement pages are submitted for the Program**~- ~~DescriPtion,**  Attorney General's Statement, Memorandum ofAgreement and State Legislation Checklist. Recently adopted statutes (HB 2145 and SB 138) and amendedrules (OAR Chapter 340, Division 100-108) are also included to supplement those previously provided. TheDepartment will be submitting, by separate letter, a discussion on how the state program, in view ofthe provisions ofSB 138, meets the consistency requirement of40 CFR 271.4. Pursuant to the DEQ/EPA Letter of Intent signed February 20, 1985, the Department has madesignificant progress in resolving program deficiencies identified by EPA and hereby requests a program review. In response to EPA's request, the state's enforcement program is described more fully in the revised application. The discussionwill be supplemented with draft Enforcement Guidelines and Procedures to be forwarded to EPA in mid-September. This document will containguidance on enforcement responses and civil penalties. TheDepartment intends to provide an opportunity for public review of the enforcement guidelines followed by appropriate action by the Environmental Quality Commission November 22. I

OEQ-2 

# lR!&@&Oa7&

# SC~RiJ 

# W**~fCrYVffJJnzARDOU;'** MATE SEP RIALS D/V 3 1985

. OFFICE OF REGION,4.L

### AOMINISTRAT()~

# ,

i I

# ".~



# •.

,



# • Ernesta Barnes August 30, 1985 Page 2



### TheDepartment has made major enhancements ofits hazardous waste program since submittal ofthe original application for final authorization. Program staffing has increased through addition of two permitwriters and a hydrogeologist in the Hazardous Waste Section, a law intern in the Enforcement Section and EPA's assignment ofan IPA position for program planning and development. Our program management has been strengthened and we have provided several additional training sessions to hazardous waste staff. Compliance monitoring activities now are more thorough and better documented. Permit applications are being reviewed comprehensively with priority given to ensuring full compliance with groundwater monitoring requirements. These actions have resulted in a demonstrated increased capability to thoroughly implement the state hazardous waste program. I feel confident that during EPA's upcomingreview of the state program in September, the state's expanded capability will be clearly apparent. TheDepartment looks forward to a favorable EPA decision on the state's request for final authorization. Ifthere are any questions on the application, please feel free to contact me or Michael Downs, Administrator of the Hazardous and SolidWaste Division• Sincerely,

Fred Hansen Director FH:f SF126 Enclosure cc: Kenneth Feigner, EPA, Region 10 Michael Gearheard, EPA, Oregon Operations Office Michael Downs, Hazardous and SolidWaste DiVision Paul Henry, PUC BarbaraRowland, PUc. Michael Huston, Department ofJustice