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Governor

Department of Environmental 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 Protection Agency

Region X

1200 Sixth Avenue

Seattle, WA 98101

Re:

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Dear ~arnes:

Enclosed please find Oregon's revised application for Final Authorization

to operate the state's hazardous waste program in lieu of the federal

program current as of May 1, 1985. This submittal amends the state's

original application of June 1, 1984.

The revised application addresses EPA's earlier comments and requests for

~;clarifyinginformation. Replacement pages are submitted for the Program ~- ~~DescriPtion, Attorney General's Statement, Memorandum of Agreement and

State Legislation Checklist. Recently adopted statutes (HB 2145 and

SB 138) and amended rules (OAR Chapter 340, Division 100-108) are also

included to supplement those previously provided. The Department will be

submitting, by separate letter, a discussion on how the state program, in

view of the provisions of SB 138, meets the consistency requirement of 40

CFR 271.4.

Pursuant to the DEQ/EPA Letter of Intent signed February 20, 1985, the

Department has made significant 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 discussion will be supplemented

with draft Enforcement Guidelines and Procedures to be forwarded to EPA in

mid-September. This document will contain guidance on enforcement

responses and civil penalties. The Department intends to provide an

opportunity for public review of the enforcement guidelines followed by

appropriate action by the Environmental Quality Commission November 22.

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Ernesta Barnes

August 30, 1985

Page 2

The Department has made major enhancements of its hazardous waste program

since submittal of the original application for final authorization.

Program staffing has increased through addition of two permit writers and a

hydrogeologist in the Hazardous Waste Section, a law intern in the

Enforcement Section and EPA's assignment of an 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 upcoming review of the state program in September, the

state's expanded capability will be clearly apparent.

The Department looks forward to a favorable EPA decision on the state's

request for final authorization.

If there are any questions on the application, please feel free to contact

me or Michael Downs, Administrator of the Hazardous and Solid Waste

Division•

Sincerely,

Fred Hansen

Director

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SF126

Enclosure

cc: Kenneth Feigner, EPA, Region 10

Michael Gearheard, EPA, Oregon Operations Office

Michael Downs, Hazardous and Solid Waste DiVision

Paul Henry, PUC

Barbara Rowland, PUc.

Michael Huston, Department of Justice