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, r MEMORANDUMOFAGREEMENT BETWEEN THE STATEOFWASHINGTON AND THEUNITED STATES ENVIRONMENTAL PROTECTIONAGENCY REGIONXFORFINALDANGEROUS WASTE PROGRAMAUTHORIZATION

November26, 1985

I. GENERAL

This Memorandum of Agreement (hereafter "Agreement") establishes policies, responsibilities, and procedures pursuant to 40CFR 271.8 for operation of the State ofWashington's Dangerous Waste Management Program (hereafter "State Program") authorized under Section 3006 of the Resource Conservation and Recovery Act (hereafter "RCRA" or "theAct") of 1976 (Pub. Law94-580, 42 USC 6901, et**~.)** and the United States Environmental Protection Agency (hereafter EPA) Regional Office for Region X. This Agreement further sets forth the manner in which the state will coordinate with EPA in administering the State Program.

This agreement is entered into by the Director of the Washington State Department of Ecology (hereafter "Director" or "the State"), the lead agency for the state program (as designatedby the state pursuant to 40 CFR 271.6(b) and the Regional Administrator, EPA, Region

### X(hereafter "Regional Administrator" or "EPA"). Nothing in this Agreement restricts EPA's aut.hori.t.y to fulfill its oversight and enforcement responsibilities under RCRA. Nothing in this agreement shallbe construed to contravene 40 CFRPart 271.

The parties will review this Agreementjointly at**le~st** once ayear during preparationofthe annual State GrantWorkProgram (hereafter "State WorkProgram"), in conjunctionwith grant funding under section 3011 ofRCRA'
Until the state's program is amended to ,reflect the federal requirements in, or stemming from, the Hazardous and S9lid Waste Amendments of 1984 (HSWA), and such program amendments receive interim or final authorization, EPA shall have the authority in the state to carryout the provisions requiredby theHSWA.

This Agreement will remain in effectuntil the Statewithdraws from authorization or until such time as stateprogramauthorization is withdrawn by EPA, according to the provisions of 40 CFR271.22 or reverts to EPAaccording to the provisions of40 CFR271.23.

This Agreementwill take effect atthe time the state's authorization takes effect, which shall be 14 days after the-date ofpublication in the Federal Register ofEPA's decisionto grant authorizationto the state.

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.,'..' II. RESPONSIBILITIES OF PARTIES

A. Policy Statement

Each ofthe parties to this Agreement is responsible for ensuring that its obligations under RCRA are met. The Director and the Regional Administrator agree to maintain a high level ofcooperation and coordinationbetween state and EPA staffs in apartnership to assure successful and effective administrationofthe state authorizedprogram.
The state has primary authority and responsibility for all aspects of the hazardous waste programwithin its boundaries. EPA's primary responsibility under this agreement is the oversight of the fully authorized state program. Thepurpose of oversight is to ensure that progress on environmental objectives is being made and environmental laws are being implemented in a consistentmanner. EPA retains its responsibility to ensure full and faithful execution af the requirements ofRCRA including direct implementation in the event the state is unable to act. Under final authorization, Washington will have responsibility for coordination of theprogramwith other authorized states andwithEPA in states without authorization. The state expects to have minimumresources for implementing this program and will prioritize activities and accomplish them inorder ofpriority

. EPA assumes an oversight role upon granting final authorization to the state. EPA agrees to conduct i.ts oversight of the state program in a manner consistent with the following principles outlined in the official RegionX Oversight Policy:

Focus on Overall Performance EPA will be concerned with the overall performance and environmental results achieved by state programs. The oversight process will focus on individual procedures or actions only as indicators ofoverall program performance, or where actions involve significant national issues.

.":. RespectStateTechnical Judgments EPA will respect the judgments of state technical staff, unless statutory requirements call for direct EPA involvement in project decisions or the technical issue has significant policy implications.

Use Specific Performance CriterIa EPA will specify the criteria after consultation with the states thatwillbe used to assess state programperformance and include these annually in the SEA or negotiated work plans as appropriate. The criteria will address major program outputs and legally required procedures. Useful oversight can occur only if states and EPA understand in advance about specific standards of performance to be met and how success in meeting them shouldbemeasured.

1II-2TailorAmountofOversight. The level and amount ofoversight will be geared to the maturity and performance of the state program. A program,which has been completely delegated for
more than a year and demonstrates consistently strong performance levels, requires less oversight. Specifically, there should be less need for real time reviews. Conversely, poor performance should result in increased oversightbyEPA. A new delegation should include a specified transition period. In general, the agency's oversight shouldreflect changing state needs and programpriorities. Emphasis on Strong, Informal EPA/State Relationships. EPA RegionX has a unique ability, because of its Operations Offices, to rely on informal working relationships as an oversight mechanism. The use of formal written reports will be kept to the minimumnecessary for the timely assessment and resolution of environmental problems andprogress. The states will also be encouraged to participate in the oversight of their ownprograms through joint audits and to evaluate EPA's performance in providing assistance and meeting commitments.

EPAwill RetainResponsibility. EPA is responsible under statute for ensuring the consistent application and enforcement of national standards. If direct EPA action is necessary to ensure that environmental laws are carried out, such action will be taken, with appropriate consultationwith the state. Oversight will be accomplished by EPA through written reporting requirements, permit overview, compliance and enforcement overview, and joint review with the state ofits program. EPA will keep the state informed ofthe contentand meaning of federal statutes, regulations, guidelines, st.andards, policy decisions, directives, and any other factors that affect the state program. EPAwill also provide general technical guidance to the state. EPA will share with the state any national reports developed by EPA from the data submitted through state reporting requirements.

B. Provisions for Transfer ofInformation

1. EPAProgram InformationTransfer

EPA agrees to provide copies of state "notification of dangerous waste activities" form 2 (ECY030-5), inlieu of EPA Form (8700-12) to generators, transporters, and TSD facilities who request assistance with obtaining an EPA/ State IDnumber.

EPA will also provide, within ten (10) working days of receipt, originals of EPANotificationForms (8700-12) or State NotificationForms (ECY030-5), includingEPAidentification number, submittedbypersons located inthe state

III-3/' ./ after the date of this agreement. EPA further agrees to inform each requestor, by mail, of the new ID number assigned within thirty (30) days of receipt.

EPA agrees to transfer to the Director or his designee any remaining originals of Part Aand Part Bhazardous waste management facility permit applications, including that information pertaining to land disposal facilities submitted to EPA under 40 CFR 270.10 by facilities located in the state before the date of this Agreement, togetherwith all pertinent file information (which includes narratives, plans, maps, etc.) draftpermits, public notices, administrative notices, fact sheets, and correspondence. Permit applications and file information, not already transferred to the state, will be provided to the Director or his designee within no more than thirty (30) days ofthe date of final authorization.

EPA will also provide, within five (5) working days of receipt, originals ofPartAand Part Bpermit applications
or revisions submitted directly to EPA after the date of final authorization.

EPA will keep the department informed ofall proposed or adopted Federal regulations as promulgated in the Federal Register adopted pursuant to RCRA or required ofanother Federal agency to implement the full scope of the State approved dangerous waste managemenc program.
EPAwill assist the department in 0btaining publications of any environmental impact or assessment statement, technical support document, guidance document, or any other publication developed by EPA, EPA contractor, or other Federal agency related to the development or operationof
a State approved hazardous waste management program.
EPA agrees to make available to the state copies ofany reports and data resulting from compliance inspections within sixty (60) days ofcompletion ofthe**in~pection.** Except for criminal referrals and court specified materials, EPA agrees to provLde enforcement sensitive information to the state. Enforcement sensitive information may include information, written or otherwise, that concerns potential orpending enforcement action. When a formal**e~forcement** action is taken any document publicly filed'and correspondence with the respondent is no longer considered enforcement sensitive. EPA shall clearly indicate in writing which documents or other types of information prOVided to the state are enforcement sensitive at the time they are provided. EPA shall also notify the state in writing when any document is no longer considered enforcement sensitive.

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# •• · ! ././ 2. EPA agrees to provide the state, upon request, any data
or information necessary'for the development and maintenance of the state Is automated data processing files and compliance monitoring and permit tracking system.

State Program InformationTransfer

The state agrees to require newgenerators, transporters, and hazardous waste management facilities to obtain identification numbers consistent with the Dunnand Bradstreet Data Universal Numbering (DUN) system for businesses and General Service Administration Real Property Number, or equivalent, for governmental agencies. EPAand the state will participate in a joint effort to assignDUN identification numbers to all new generators, transporters, and TSD facilities who notify the state. The state will receive and review all new and revised notifications of dangerous waste activities and send a copy to EPA for an identification number assignment. EPA will inform each requestor, by mail, of the new ID number within thirty (30) days of receipt. The state will also inform the requestor of the new identification number. BothEPA and the state will work as rapidly as possible to provide identification numbers to new notifiers. The state will also submit any updates or changes inpreviously submitted notification and PartA permit a.pli.cati.on information. This information will be provided to the Regional Administratorwithin twenty (20) working days of receipt.

The state agrees to inform the Regional Administrator of anyproposed or adopted program changes whichwould affect the state's ability to implement the authorizedprogram. Program changes of concern include modification of the state's legal authorities (i.e. statutes, regulations, and judicial or legislative actions affecting those authorities), modifications or memoranda of agreement or understanding with other agencies, and modifications of resource levels (i.e., available orbudgetedpersonnel and funds within the framework of the SEA). The state recognizes thatprogram revisions must be made in accordance with the provisions of40 CFR 271.21.

As a law enforcement agency the state agrees to treat enforcement sensitive information received and so marked by EPA in accordance with·/-the state's Public Disclosure Act, ch. 42.17 RCW, which provides for exceptions

.of information for public disclosure.

The state will provide compliance monitoring and enforcement informationto the Regional Administratoron a routine basis as specified in the state work program and the reporting section ofthis agreement.

III-SAs specified in the StateWorkProgram, and the reporting section of this agreement the state will provide the Regional Administrator with information indicating the status of the state's facility permitting activities.

Where the state program involves the granting ofvariances
or waivers, less stringent requirements than comparable federal requirements orvariances will notbe imposed. The state agrees to provide EPAwith a copy ofeach state RCRA variance orwaiver at the time it is granted. Any request for a variance or waiver concerning a RCRA regulated waste will be sent to the RegionXEPAoffice in Seattle for written comment before issuance. The department will respond in writing to any comments or concerns raised in the EPA review. All writtenresponses shall be provided to EPA before a variance or waiver is issued.

For the purposes ofpermit overview the state will provide EPA with the following information on the treatment, storage, and disposal facilities as identified and agreed to in the annual programplan.

ITEMDESCRIPTION Copies offacility permit applications and closure plans for review. Copies ofdraftpermits, proposedpermitmodification fact sheets Copies of final permit
orpermitmodifications Copies ofclosure plan approval public notices andpermitdetermination public notices FREQUENCYOF SUBMISSION

Within 15 working days of receipt

Within 10working days of completion

within 10working days ofcompletion

Within5 working days ofpublic notice

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### 3.' Emergency Situations and InformationTransfer Uponreceiptofany information that.the handling, storage, treatment, transportation, or disposal ofhazardous waste is endangering human healthor the environment, the party in receipt ofsuchinformation shall immediatelynotifyby telephone the other party(ies) to this Agreement of the

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### 4. existence 'o-f such situation. A list of appropriate contacts will be maintained and updated as a part of the annual programplan. Confidentiality

a. Anyinformationobtained or used in the administration of the state program shall be available to EPAupon request without restriction. Ifthe informationhas been submitted to the state under a claimofconfidentiality, the state must submit that claim to EPA whenproviding information. Anyinformationobtained from a state and subject to a claimof confidentiality will be treated in accordance with the regulations in 40 CFR Part 2.

b. EPA agrees to furnish to the state information in its files which is not submitted under a claimofconfidentiality andwhich the state needs to implement its program. Subject to the conditions of40 CFR Part 2, EPA will furnish the state information submitted to EPA under a claimofconfidentiality which the state needs to implement its program. All confidential information EPA agrees to transfer to the state will be transferred in accordance with the requirements of 40 CFR Part 2.


### C. Frequency and Content ofReports

The state agrees to submit to Region X, EPA the following documents, reports, and other Lufo rmation :
1. Monthly (on the 15thofthe month for the monthprevious) compliance monitoring and enforcement report and permit status reports.
2. Biennial report**summar~z~ng** the quantities and types of hazardous waste generated, transported, treated, stored, and disposed in the state as specified in**the_~CRA** guidance, by October 1 ofeacheven-numbered year.
3. Additional reports as negotiated in the State Work Program, and updated facility s.tat.us information as necessary.

././ D. Conditions for State ProgramReview

1. .The Regional Administrator will assess the Director's administration and enforcement of the state programon a continuingbasis for equivalence and consistencywithRCRA, with this Agreement, andwith all applicable Federal requirements. This program evaluation will generallybe accomplished by an EPA review ofthe information submittedby

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the Director in accordance with this Agreement and the State WorkPlan, permitoverview, compliance and enforcement overview, and review of state program activities. The Regional Administrator may also consider, as part'of this regular assessment, written comment.s about the state's program administration and enforcement that are received from regulated persons, the public, and federal, state, and local agencies. Copies of any such conunents received by the Regional Administratorwill be provided to the Director.

2. The following approach to state program review will be followed by EPA and the state. All significant concerns raised during EPA review of the information submittedby the state in accordance with this agreement and the work plan will be submitted in writing to the State Hazardous Waste Program Assistant Director. All EPA concerns raised as a result of permit overview, compliance and enforcement overview, and review of state program activities will be submitted by EPA to the State Hazardous Waste ProgramAssistantDirector.

The review of state programactivities shall be conducted
as a joint review by EPA and the State Hazardous Waste Program. Joint reviews, including any associated audits of the state regional office operations, shall be scheduled with written notice at least thirty (30) days prior to the audit. Reviews shall be no more frequent than quarterly and shallbecome less frequent as the state program matures and good performance is demonstrated consistently. The scheduling should lnclude ajointly agreed to state/EPA format and contentof the reviewwhich reflects goals and conunitments outlined in the National Program Criteria and the annual state program plan conunensurate with grant resources available to the state for meeting performance criteria.

EPA will provide written notice to the state at least fifteen (15) days prior to conducting any other review of state files. Under emergency situations the'iS-daynotice maybe waived, however, priornotice is still required.

To ensure effective program review, the director agrees to allow EPA access to all RCRA files and other RCRA information requested by the Regional Administrator and deemed necessary for**eval~ating** state programadministration and enforcement. During the first year of final authorization EPA may conduct RCRA file reviews at quarterly intervals. In the spirit of EPA's oversight policy these reviews will generally be reduced to annual
or in some cases semi-annual frequency after adequate performance levels havebeendemonstrated.

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# •• E. Program review meetings between the director and the Regional Administrator or their assignees will be scheduled at reasonable intervals not less than annually to review specific operating procedures and schedules, to resolve problems, and to discuss mutual program concerns. These meetings must be scheduled at least thirty (30) days in advance ofthe meeting, with a final agenda prepared by EPA and submitted to the director for comment at least one weekbefore the meeting date, unless otherwise agreed upon.
Permit Issuance

1. EPA Permitting Upon approval of the state program (final authorization), EPA will suspend issuance of federal permits for hazardous waste treatment, storage, and disposal facilities in the state.

EPA intends to addpermitting standards for processes not currently covered by the Part 264 standards. For example, the Part 264 standards do not currently cover treatment and storage of hazardous substances in certain types of underground tanks. When EPA does promulgate standards for additional processes, EPA will process and enforce RCRA permits in the state in the'newareas until the state receives final**authoriz~tion** ofequivalentand consistent state standards. Every attempt will be made to coordinate with the state in processing these permits. At the time the state program is approved in the new areas, EPA will suspend issuance of federal permits for the new requirements in the state. EPAwill also transfer any pending permit applications, completed permits or pertinent file information to the state within thirty (30) days of the approval ofthe state program in conformance withthe conditions ofthis agreement.

Pursuant to RCRA Section 3006(g)(1) and in**ac~~rdance** with the HSWA, EPA has the authority to issue or denypermits (or those portions ofpermits), to facilities inWashington for the requirements and prohibitions inHSWA, or in regulations adopted by EPA under the authority ofHSWA, until the state's program is amended to reflect those requirements and prohibitions, and'authorization is received for those portions/ofthe program. Tothe extent allowed by state authority, regulations and resources, such,permits (orportions of permits), will be jointly issuedby EPA andEcology.

In accordance with Section 3006(c)(3) ofRCRA, Ecology will participate in the administrationofthe requirements which take effect pursuant to HSWA, as state resources

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# "-'e , , , allow. Ecology's activities to administer HSWA requirements will be established on a facility-specific basis through facility management plans and referenced in the annual work program. Facility management plans, along with any associated agreements, will be reviewed and revised as often as necessary. Completion of permit actions in progress and disposition of EPA issued permits will generally be in accordance with EPA Program Implementation Guidance (PIG) 82-5. It is expected that at the time of final authorization only Condition5 in PIG 82-5 will apply to Washington. Any permit actions taken up to the time of final authorization will be joint actions by the state and EPA.

2. State Permitting

The state agrees to carry out permitting procedures consistent and equivalent to those at 40 CFRParts 270 and 124. Upon final authorization the state will continue timely permit issuance activity initiated prior to finai authorization, including completion of permit issuance activity initiatedjointlywithEPA.

The state is responsible for expeditiously drafting, circulating for public review and comment, issuing, modifying, reissuing, and terminating RCRA permits for all hazardous waste TSD facilities in the state, and shall do so in a manner consistent with RCRA, this Memorandum of Agreement, all applicable federal requirements, and with the state Is program description. Annual commitments for the call in and issuance of permits will be reflected in the approved annual program plan.

The state agrees to consider all timely comments EPA makes on TSD facilities as identified in the approved State WorkProgram regarding draft TSD facility permits ·and major permit modifications during the required 45-day public comment period. The state will satisfyor refute the concern in writing before issuing the permit or making the modification.

The state agrees to Lssue j.modify, and reissue permits in accordance with all applicable state permitting regulations and. applicable statutes, and to include as permit conditions all applicable provisions of WAC 173-303. This agreement also .app Ii.es to permits issued after final authorization but for which the processing mayhave begunbefore final authorization.



### III-lOThe state agrees that any compliance schedules contained in permits will require compliance with the dangerous waste regulations.

3. EPA Overview ofState Permit Actions

EPAIS overview function for permit actions, including closure of interim status and final status facilities, will focus on those facilities identified in the approved annual program plan. EPA's overview will be in keeping with the six principles of EPA's Oversight Policy as stated in Section II.A. of this agreement. EPA shall provide, in a timely fashion, clear and consistent guidance to the state in performing their review and overview function regarding state issued

### RCRA permits and permit actions.

For all 

### RCRA permit-actions written and issued on TSD facilities identified for oversight by the State of Washington, there will be three opportunities for EPA review.



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b. The first review will be of the draft application submitted by the TSD facility prior to completeness determination by the state. EPA will review the draft application to aid in determining ifall appropriate technical information has beenprovided. The purpose of this review is to avoid a situationwhere
a permit is drafted and then cannotbe issued due to
a lack of information or inadequate information in an application. EPA's review COl1lments shall include the following: 1) a justification, based onguidance or regulation, why additional or different information is necessary, and 2) a specific description ofwhat changes need to be made in order to determine the application complete: These comments must be submitted inwriting to the state in accordance withthe application review schedule establishedby the state.

The second review will be of the**initi~i** draft of the permit prior to the public notice process. This is an informal review, the primarypurpose ofwhich is to identify any areas where the intentof

### RCRA is not being met and any significant issues between the department and EPA related to the facility and the permit which should**b~** resolved prior to the permit going to public comment , The philosophy here is that EPA and the department should resolve their differences at this point in the permit process to present a more consistent and unified approach to the regulated community. EPA shall include intheir comments the following: 1) a statement of

-the
reasons for the comment (including the section of 

### RCRA and the state regulations that support the

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# •••• c. comment); 2) the action that should be takenby the state in order to address the comments (including the conditions which the permit would include ifit**~ere** issued by EPA).

EPA shall respond during this review period in accordance with the review schedule set by the state. If for some reason EPA cannot respond in that time or does not wish to comment on this draft permit review opportunity, they will so indicate in writing to the state that they will not be commenting or they may request an extended review time inwriting.

The third review is the formal review of the draft permit following public notice. During this review EPA may comment in writing on any draft permit action or proposed permit modification, whether or not EPA commented on the permit application, within forty-five (45) days of public notice. For all comments including those where EPA indicates that issuance of the permit or the permit action would be inconsistent with the approved state program, EPA shall include in the comment; 1) a statementofthe
reasons for the comment (including the sectionofthe state regulations and RCRA that supportthe comment); and 2) the actions that shouldbe takenby the state in order to address the comments (including the conditions which the permit**~ould** include ifitwere issued by EPA). EPA mayprovide a copyofits comments to the applicant where a comment is madethat the draft permit includes conditions inconsistent with the approved state program or lacks conditions necessary to be consistentwith the approvedprogram.
When EPA submits any comments to the applicant, such comments shall also be provided verbatim to the state at the same time. The state shall provide a written explanation for addressing the formal comments submitted by EPA during the**pu~lic** review period. Based on this response, EPA shallwithdraw such comments, in**wri~ing,** when satisfied that the state has met or refuted its concerns. This withdrawal statement shall also include a statement of EPA's proposed course of action, including timing, for any concerns which are not being withdrawn. A copy.'<>f this statement and any comments made by EPA which have not been resolved shall be sent to the applicant at the same time it is submitted to the state.' This withdrawal statement shall be submitted within ten (0) days prior to the scheduledpermit issuance date

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# .... F. The Regional Administrator and the Director shall agree to meet at the request ofthe state in circumstances where comments by EPAon a draft orproposedpermit are not sufficiently resolved by staffto allow issuance ofthe permit. Ifthe state believes that the terms imposedby EPA staffcomments are notjustified because of specific conditions or circumstancest the request for .meet.i.ng maybe initiated by the Director. The Regional Administrator shall respond to such request with recommended meeting date(s) or shall concur with the Director's suggested date within ten (10) working days ofreceiving the Director's request. The Regional Administrator and the Directorwillmake maximum effort to meetwithin twenty (20) days ofthe Regional Administrator receiving the Director's request. Anagenda and briefing paper covering the issues needing resolution shall be preparedby EPA and the state and both shall be provided to the Regional Administrator and Director at least five (5) working days before the scheduledmeeting.

Under Section 3008(a)(3) of RCRAt EPA may terminate a stateissued permit in accordance with the procedures of Part 124t SubpartE, or bring an enforcement action in accordance with the procedures of 40 CFRPart 22 in the case ofaviolation of
a state program requirement. Inexercising these authorities t EPAwill observe the conditions established in40 CFR271.19(e). Upon a requestby the statet EPAwill provide technical assistance for permit actions within EPA resource and expertise constraints. This assistance could be in the form of using the "permit assistance teamt" RegionXstafft orEPA contractor(s).

Provisions for Enforcement and ComplianceMonitoring Upon final authorizationt the state has primary responsibility for compliance and enforcement actions within the approved state program and under state statutory and regulatory authority. EPA retains responsibility for ensuring fair and effective enforcement of federal requirements and a credible national deterrence to noncompliance through an effective state/Federal partnerihip and an oversight role

.. The state and EPA agree that the following elements are mandatory for an effective enforcement and compliance monitoring programunder final authorization; 1) clear oversight criteria specifiedin advance for program performance evaluationt 2) clear criteria for direct Federal enforcement specified in advance with written procedures for advance consultation and notification, and 3) adequate state reporting to .ensure effective oversight.

1. State

The state agrees to carry out a timely and effectiveprogram for monitoring the compliance ofgeneratorst transporters, and facilities with applicable programrequirements. As part of this programt the state will conduct

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compliance inspections to assess compliance withgenerator and transporter standards (includingmanifest requirements), facility standards, permit requirements, (including late
or deficient Part B applications), compliance schedules, and all other program requirements; including violations detected by state or Federal compliance inspections. A compliance and enforcement tracking systemis operatedby the state to ensure timely and appropriate enforcement actions, adequate compliance follow-up, monitor compliance rates, assess categories and violations and report necessary, accurate, and timely compliance and enforcement information to EPA for the purposes of oversight'and program performance evaluation. Compliance monitoring and enforcement activities, priorities and reporting requirements will be specified in the annual state program plan and shall be consis·tent with applicable Federal requirements and with' the state's programdescription. Timely and appropriate state enforcement response will be based on a department approved enforcement policy for dangerous waste program violations. This policywill be consistent with state requirements for ensuring that all major threats to the environment and public health are treated effectively.

In civil enforcement proceedings, the department agrees not to oppose intervention allowed under Civil Rule for Superior Court 24, on the grounds that the applicant's interest is adequately represented by the state.
The state agrees to retain all records for at least three years unless there is an enforcement actionpending. In that case all records will be retained until suchaction is resolved.

EPA

EPA's primary role in enforcement and**co~pliance** monitoring under final authorization shall

### 'be that of oversight as described inSection II.A. and in accordance with oversight criteria and measures and oversight procedures and protocols as set forth inthis agreement. Deviations to these procedures will only occur inunusual circumstances where warranted and not without prior written explanation to**th~** state.' EPA has the rightto inspect any hazardous waste generator, transporter, or TSD facility or tobring enforcement action inaccordance with Sections 3008(a)(2), 3013, and 7003 of RCRA or any otherapplicable federal statute.

III-14" For the purposes of oversight of compliance inspections and enforcement EPA shall maintain a policy of "no surprises" to ensure the productive use oflimited state and federal resources and an effective "partnership" in achieving compliance. This principle should be applied to all aspects ofthe compliance and enforcementprogram; covering inspections, enforcement activities, press releases, and public information I and management data summaries upon which state and national performance are assessed.

In order to guarantee that there is ample advance notification, EPA agrees to confer with the state to establish agreement in writing and reach a clear, consistent understanding on the following matters:

• Advance notification of intended inspections and enforcement actions;

• Specific identification ofwho will be notified;

• How the notificationwill be done;

• When the notificationwill occur; 

# e- • Define the process for state/federal consultation and dispute resolution on enforcement actions and policy and regulatory interpretation.



# -e The written agreement to be established on the above matters

_is incorporated by reference in this memorandum ofagreement.

EPA also agrees to inform the state in writing in a timely manner of any national or regional policy changes
or program direction changes and will generally allow the state a minimumof ninety (90) days to implement those changes.
At a minimum, the following will be adheredit,o by EPA, EPA shall attend approximately ten (10) percent of the state's compliance inspections to evaluate the state's techniques, follow-up activities, and enforcementactions. EPAwill receive from the state, thirty (30) days priorto the beginning of eachquarter, a listoffacilities to be inspected for the upcoming quarter. By the end of the first week of that**quarte~-** EPA will submit to the state hazardous waste program director a listoffacilities to receive an oversight inspection that quarter (approximately 

### 10%). Specific inspection dates willbe scheduled with the appropriate inspector at leastten (10) working days before the inspection is to occur. EPA shall only conduct independent oversight inspections after giving a minimum of ten (10) working days written notice to a

III-IS.I Department ofEcology representative oftheir intent to do so and giving the DepartmentofEcology an opportunity to attend. If EPA has a concern about a particular facility
or compliance situation, they shall request that the department perform an inspection, and fifteen (15) working days prior notice will be the standardbusiness practice. This notice may be oral initially, but shall be provided to Ecology in writing at least ten (10) working days in advance of the date thatEPAwould conduct an inspection. If the state performs

### acompliance inspection and submits
a report and data relevant thereto within that time to EPA, no**E~A** inspections will be made, unless-the Regional Administratordeems the state report and data to be inadequate. The Regional Administrator may shorten or waive

-notice periods in emergency situations, but inall cases

will inform the state before going on-site.

The Regional Administrator may take enforcement action against any person determined to be in violation ofthe authorized program in accordance with Section 3008(a)(2) ofRCRA.

After written prior notice to the state, EPA may take action under Section3008 of RCRA against a holder ofa state issued permit on the ground that the permittee is not complying with a conditionofthatpermit.

This agreement will be modified to reflect approved state andnational enforcementpolicies.

In addition, EPA may take action under Section3008 of RCRA against a holder of a state issued permit. This action will be based on any_unresolved formal comments that were made by EPA during the public review and issuance of that permit. EPA shall give advance written notice ofsuchaction to the state.
3. Site Visits

EPA is responsible formaintaining reliable**na~ional** data
on hazardous waste management. These data are used to report to the President and Congress on the achievements of the hazardous wasteprogramand to supportEPA's regulatory development efforts. WheneverEPAdetermines that it needs to obtain certain information, EPA will first seek to gain this information from the state. The state agrees to reply.in a reasonable time to the Regional Administrator with this information if readily available and as resources allow. Ifthe state is unable to provide the information or if it is necessary to supplementthe state information, EPA may conduct a special surveyor perform information collection site visits after prior notification to the state. EPAwill share withthe state ina timely fashion anynational reports or regional reports developedbyEPAas a resultofsuchinformationcollection.

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### 4. EnforcementAgreement

The RCRA enforcement agreement will be included as AttachmentAto this agreement. The intent ofthe enforcement agreement is to provide abasis for implementing an effective state/federal enforcement relationship. The enforcement agreement identifies oversight criteria, standards for assessing compliance and enforcement performance standards, protocols for notification, consultation, overfiling on RCRA enforcement matters, and state reporting. This enforcementagreementalso delineates the relationship ofthe state enforcementpolicy to the compliance strategy and the enforcement agreement itself. The objective of the enforcement agreement is to maintain a stable, predictable, and coordinated enforcementpresence.
G. StateDelisting Action

If a state delisting action causes the authorized programto be no longer equivalent to EPA's, then EPA shall provide written notification of this position to the state within twenty (20) working days of the action. The state shall have twenty (20) working days to refute ordemonstrate equivalency beforeEPAmaybeginproceedings towithdrawprogramapproval.


### H. Provisions for Modification oftheMOA

This agreement maybe modified upon the initiative ofeither party to ensure consistency with state or federal program modifications or for any other purpose mutually agreed upon. As final authorization is achieved for the 1984 amendments to the Hazardous and SolidWasteAct (HSWA) and future amendments to RCRA these shall be appended as attachments to this memorandum of agreement with any necessary changes to state statutes, regulations, the state program description, and Attorney General's statement. Until the state is authorized for the 1984 HSWA and any future amendments, EPA shall retain responsibility and authority for the amendments. Any revisions or modifications must be in writing and must be signedbyboth the director andtheRegional Admini$trator.

Forthe State:

STATEOFWASHINGTON DEPARTMENTOFECOLOGY

III-17FortheFederal Government:

U.S. ENVIRONMENTALPROTECTION AGENCY, REGIONX