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COOPERATIVE ARRANGEMENT ADDENDUM TO THE

MEMORANDUM OF AGREEMENT BETWEEN

THE U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION X

AND THE STATE OF OREGON

Relating to the cooperative administration of the laws enacted by the

United States of America under Subtitle C of the Resource Conservation and

Recovery Act of 1976, as amended (Pub. L. 94-580, 42 USC 6901 et. seq.)

(hereafter "RCRA" or "the Act") and the laws of the State of Oregon to

protect health and the environment by permitting hazardous waste storage,

treatment, and disposal facilities.

I. Preamble

The Regional Administrator, U.S. Environmental Protection Agency, Region X,

(hereafter "EPA" or "Regional Administrator") and the Director of the

Department of Environmental Quality (DEQ), designated as the lead agency

for the State, (hereafter "Director" or "the State") enter into this

Cooperative Arrangement (hereafter "Arrangement"). The purpose of this

Arrangement is to implement as effectively as possible EPA's responsibility

under RCRA through the cooperative efforts of EPA and the State. This

Arrangement will assure efficient allocation of public funds, will minimize

duplication of effort, and will avoid confusion of the regulated community .

. II. Authority and Responsibility

EPA has the authority to enter into this Cooperative Arrangement pursuant

to Section 3011 of RCRA for the purpose of funding elements of the

hazardous waste management program under RCRA. Because the State received

Interim Authorization for Phase I but has not yet received Interim

Authorization for Phase II Components A and B, this Arrangement is entered

into between EPA and the State. The Cooperative Arrangement is composed of

this addendum.to the MOA and the Cooperative Agreement negotiated between

EPA and the State pursuant to Section 3011 of RCRA.

It is understood that EPA retains full and ultimate responsibility for the

administration and enforcement of the Phase II Components A and B Federal

hazardous waste management program in Oregon and that nothing in this

Arrangement shall be construed to limit EPA's authority under RCRA. It is

understood that the Oregon hazardous waste management program operates in

lieu of the Phase I Federal hazardous waste management program as set forth

in the body of the Memorandum of Agreement. It is further understood that

the State's participation in this Arrangement is intended to maximize the

expeditious and efficient implementation of RCRA and to speed the State's

receipt of Final Authorization.

The Dire~tor shall administer those portions of the Federal hazardous waste

management program identified in this Arrangement consistent with the

provisions of other agreements, RCRA, current Federal policies and

regulations, and any separate working agreements which shall be entered

into with the Regional Administrator as necessary or desirable for the full

administration and enforcement of the Federal program.
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III. EPA Overview of State Activities

EPA shall oversee and evaluate the State's performance of functions

described in this Arrangement on a continuing basis to assure that such

performance is consistent with this Arrangement and all applicable

requirements embodied in current Federal policies, regulation, and laws.

The Regional Administrator may request and the Director shall submit

information and provide access to all files necessary for oversight and

evaluation of the State's performance of functions described in this

Arrangement. If, in the jUdgment of Regional Administrator, any

performance of functions is inconsistent with this Arrangement, or current

Federal policies, regulations, or laws, he/she shall notify the State and

may take any actions specified in 40 CFR Part 35.712.

IV. State Notification of Program Changes

As so.on as the.Director has information concerning. any substantial proposed

or actual change of any pertinent statute, regulation, directive,

significant judicial decision or form, any of which the Director has

submitted to the Regional Administrator or agreed to make use of in

connection with this Arrangement, the Director shall notify the Regional

Administrator and transmit the text of any such change to the Regional

Administrator. Within 30 days the Regional Administrator shall determine

whether the proposed change would restrict the authority of the State to

perform in accordance with this Arrangement. Such change may be cause for

termination, according to 40 CFR 30.920, et. seq., of the Cooperative

Agreement negotiated pursuant to this Arrangement.

v. Permit Issuance and Compliance Inspections

Editorial Note: For purposes of this cooperative arrangement, the terms

"DEQ Li cenae" and "EPA permit"· shall be considered ·synonymous and will be

referred.to simply as "permit."

A. State Permit Issuance Procedures

As a result of recent legislative action, State will be able to

permit on-site storage and treatment facilities beginning

November 1981 (authority to permit off-site storage and treatment

facilities previously existed). State desires to issue these

required permits· expeditiously. EPA and State agree to

prioritize EPA's current list of Part A applicants for purposes

of permit issuance. Then State will seek permit applications,

prepare draft permit conditions, seek timely (14 day) EPA review

and comment, publish public notice and issue permits. Until such

time as Oregon receives Phase II or Final Authorization, when

only State standards and rules will apply, State will issue

permits in conformance with any effective 40 CFR Part 264

standards.
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B. Joint EPA/State Permit Issuance Procedures

At such time as EPA can implement its permit authorities, EPA and

State agree that joint permit issuance will minimize confusion

and avoid duplication for Oregon's regulated community. To

facilitate joint permit issuance,

EPA agrees to:

1. Appoint team leader for each permit

2. Seek Part B permit applications

3. Maintain administrative record

4. Issue public notice

5. Hold pUblic hearing

6. Propose use of Permit Assistance Team

7. Issue permit

State agrees to:

2. Draft permit conditions

1. Appoint permit coordinator

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3.

4.

Draft fact sheet or statement of basis

Assist with public hearing

'Ie.......

C.

5. Recommend issuance/denial of permit to Regional

Administrator & Director

6. Issue permit

Draft permits will be written to satisfy 'applicable State and

Federal laws and rules. Said permits will be jointly issued so

that permit can remain in effect at such time that Oregon

achieves Phase II or Final Authorization.

EPA Permit Issuance Procedures

Because of the public health and environmental protection

afforded by facilities operating in compliance with State

permits, such facilities will be considered low priority for the

issuance of joint or separate federal permits. At this time, EPA

does not foresee issuing any joint or separate federal permits to

facilities operating under State permits. However, until Oregon

receives Phase II or Final Authorization, EPA reserves the right

to ~ssue joint or separate permits if necessary to 'ensure that

EPA's responsibilities under RCRA to protect public health and

the environment are carried out.
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D• Permit Inspections

State will assume lead agency role for conducting compliance

aS6urance inspections of management facilities receiving a joint

permit subject to EPA oversight previously identified in the

Phase I Memorandum of Agreement. Any operator of a major

facility listed in Section VI of this arrangement, who is also a

generator, will receive an annual compliance assurance inspection

for compliance with generator standards.

VI. Revised Major Hazardous Waste Management Facilities List

Unless otherwise stipulated, this Arrangement and any subsequent

modifications will take effect immediately upon being signed by the

Director and the Regional Administrator.

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Allied Plating, Portland

Baron Blakeslee, Portland

Borden Chemical, La Grande.

Chempro, Port.Land .

Chem-Security, Arlington

Gerber Legendary Blades, Portland

Gilmore Steel, Portland

Great Western Chemical, Eugene

Great Western Chemical, Tigard

Gould, Metals Div., Portland

Intel, Hillsboro

Madera products, Albany

VII. Effective Date

Pacific Chemicals, Albany

Permapost, Hillsboro

Rbodda Paint; Portland . Rhone-poulenc,· Inc., Portland

Portland Industrial Chemists

Portland Willamette, Portland

Sol-Pro, Portland

Tektronix, Beaverton

Teledyne Wah Chang, Albany

Van Waters & Rogers, Portland

Widing Transportation, Portland

Widing Trans., Springfield

VIII. Amendments

This Arrangement may be amended or modified by mutual written agreement

signed by both the Director and the Regional Administrator.

IX. Termination

This Arrangement will terminate when the State receives Interim or Final

Authorization for Phase II Components A and B according to the'provisions

of 40 CFR 123, or on the date on which all Interim Authorizations end,

whichever is earlier. It may also terminate at any time in accordance with

40 CFR 30.920, et. seq.

ZC666

Department of Environmental Quality Protection

Date _~-------------

U.

A

BY""~~~ G/

AUG 19 1981 Date '. --------------
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October 23, 1981

DavId Hanllne

Program Development Section

EPA Region X

1200 SIxth Avenue

Seattle, WA 98101

Dear Hr. Hanllne:

In accordance wIth your letter of October 9, 1981, we will add

Johnson Controls and Roseburg Lumber to our list of "major

facilIties" for compliance Inspections during the current fiscal

year.

~~~ i~~ Richard Reiter, Supervisor

Hazardous Waste Section

SolId Waste DivisIon

FSB:dro
Richard Reiter, Supervisor

Hazardous Waste Section

Oregon Department of Environmental

P.O. Box 1760

Portland, Oregon 97207

• REPLY TO

ATTN Of:

OCT

u. s.

M/S 530

9 1981

ENVIRONMENTAL PROTECTION AGENCY

REGION X

1200 SIXTH AVENUE

SEATTLE. WASHINGTON 98101

Qua1ity

i'.

Dear Mr. Relter:

To follow up on our recent discussions of "major facilities", for more

frequent compliance inspections during the current fiscal year, we would

like to respond to Fred Bromfeld's memorandum giving justifications for

deletions from EPA's original proposed list of majors. We are in

agreement that both J.H. Baxters, Riverbend Landfill, Umatilla Depot,

and Union Carbide be dropped from the majors category. We do feel,

however, that Johnson Controls and Roseburg Lumber should remain on the

majors 1ist.

Even though Johnson Controls' pond was recently closed, the surface

impoundment had been designed as an evaporation and percolation pond.

Considering some of the potential pollutants which were discharged to

the pond (lead hydroxide and lead sulfate), and the proximity of the

'pond to groundwater and water supply wells, we ~eel that retention of

this facility as a "major" will help ensure that possible adverse impacts

from past practices can be adequately monitored.

With Roseburg Lumber, we are also concerned with possible groundwater

impacts from disposal practices. It is our understanding that hazardous

waste disposal has been authorized only when the option of recycling is

not available.. However, given the fact that disposal has occurred and

presumably will continue to occur in a site which was not specifically

designed for hazardous wastes, we feel this facility should also remain

a "major".

Thus, in keeping with our Memorandum of Agreement for Interim Authorization,

we request that both Johnson Controls and Roseburg Lumber be added to

the list of major facilities which is part of the FY'82 State/EPA

Agreement.

Sincerely,

\....:.k' ,_, • • ~1I ' .jJt2.1h.{L ~J

David Hanline

Program Development Section

SOli,j ~'i"~',,, u',' , . Dc t " ."- .. - VISIOil

P . of ('1 "JronmclIl .., Q ..

(O) ~I rrB r !i 1\7 (2~;j'@':Y UU " ',J ',' r i-= D ' , OCT :t ;j 1981
VICTOR ATIYEH GOVERNOA

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Department of Environmental- Quality

522 SOUTHWEST 5TH AVE. PORTLAND. OREGON

MAILING ADDRESS; P.O. BOX 1760. PORTLAND. OREGON 97207

August 3, 1981

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Dear Messrs/Mesdames:

The Department of En~ironmental Quality has been designated by the U. s.

Environmental Protection Agency as the management agency in Oregon for

the first phase of the federal hazardous waste management program.

In May, 1980, EPA promulgated rules under the Resource Conservation and

Recovery Act to protect human health and the environment from the improper

management of hazardous waste. These rules apply to any person generating,

storing, transporting, treating, or disposing of hazardous waste and

co~stitute a program for the cradle-to-grave management of these wastes.

The Act also provides for state assumption of the hazardous waste program

as long 'as an existing state program meets certain federal criteria•

Because of a phased approach to promulgation of federal hazardous waste

regUlations, Interim Authorization is correspondingly granted in phases.

To receive Interim Authorization for the first phase, a state must

demonstrate that its hazardous waste management program is substantially

equivalent to the federal program with regard to such activities as the

designation of hazardous wastes, standards applicable to generators and

transporters of hazardous waste, including a manifest system, and standards

applicable to storers, treaters, and disposers of such wastes. Authorization for subsequent phases will require a greater degree of state

authority particularly in the area of permitting activities.

As you m~y be aware, the DEQ has a hazardous waste program which was

developed for Oregon over the past 10 years. In many respects, it is

similar to the federal program, but, we believe, more sensitive to local

conqerns. To avoid unnecessary duplication of effort, and in accordance

with the wishes of a majority of industry, we have requested, and, on July

16, 1981, received Interim Authorization to manage the first phase of the

federal program•
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December 8, 1980

Pursuant to the Department's Hazardous Waste Rules (which became effective

August 23, 1979) you have registered with us as a hazardous waste

generator. Since the Department's rules became effective a number of

federal events have occurred that warrant review as they impact our previous

relationship.

On February 26, May 19 and July 16, 1980, the Federal Environmental

Protection Agency (EPA) promulgated its rules for a national hazardous

waste management program. Effective date for most of these rules was

November 19, 1980. EPA's rules provide for authorization of state programs

to operate in lieu of the federal program.

On September 16, 1980, Oregon applied for interim authorization of our

existing program. On November 17, 1980, EPA held a public hearing on our

application. A decision on our application is due by January 15, 1981.

While Oregon believes we have a substantially equivalent program in

effect, EPA has the final say.

Several important points must be kept in mind while final decisions are

made in this matter:

Q. As a generator, which program(s) must I comply with today?

A. As of November 19, 1980, both programs were legally in effect

in Oregon. Until EPA makes a decision on our request for interim

authorization you must continue to comply with both programs.

In case of apparent conflict, the more restrictive provision

of the state or federal program must be complied with.

Q. What happens if Oregon achieves interim authorization?

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A. If Oregon's program is granted interim authorization it will

operate in lieu of the federal program. EPA would oversee

the administration of the state program but would not implement

their program. Under Section 7003 of the Resource Conservation
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December 8, 1980

Page 2

and Recovery Act of 1976, EPA does reserve the right to take

enforcement action if an imminent hazard to public health or

the environment exists.

Q. What happens if Oregon doesn't achieve interim authorization?

A. You will continue to be responsible to comply with both programs

until one of the following things happens:

1. Oregon reapplies and receives interim authorization status.

2. Oregon applies and achieves final authorization status.

3. Oregon Legislature decides not to continue the state's

program, .Ln which case,'only--the federal program will apply. . . . .

At such time as any of the above circumstances occur, we will

immediately notify you.

Q. If I need technical assistance on either program, where can I

obtain it?

A. At this time DEQ is in a position' to assist with either program,

however, that does not preclude you from contacting EPA direct.

Technical assistance is available at:

• Oregon Department of

Environmental Quality

Hazardous Waste Operations

522 SW Fifth

Portland, OR 97204

(503) 229-5913

1-800-452-7813 (Toll Free in Oregon)

Mailing Address

P. O. Box 1760

Portland, OR 97207

Environmental Protection Agency

Air & Hazardous Material Branch

1200 Sixth Avenue

Seattle, WA 98-101

(206) 442-1260-

1-800-426-0663 (Toll Free

to EPA)

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Q. What generator identification number must I use on a manifest or

report?

A. State Program

When registering with DEQ we had asked you to identify your federal

employer identification number (EIN) (or your general service

administration real property number in the case of public agencies).

We adopted the EIN number approach based on EPA'S proposed rules of

December 18, 1978.

Between December 18, 1978 and May 19, 1980, EPA received sufficient

input to convince them that the Dunn & Bradstreet Data Universal

Numbering (DUN) system was the most complete listing of U. S•

businesses by plant site. To avoid confusion and to support
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December 8, 1980

Page 3

consistency between states, we are prepared to adopt EPA's DUN system

in lieu of the EIN system. As you receive your modified DUN number

from EPA, we request you use it in place of the EIN number. In case

you have not received acknowledgment of your notification and modified

DUN number and need to ship wastes to an authorized treatment or

disposal site, we will continue to accept the EIN number on a manifest

or report. For those companies for whom we have received information

from EPA the mailing label on the first page shows the modified DUN

number. If this number matches the number in your records, DO

NOTHING. If you believe there is a discrepancy please contact: Bill

Hartford, Environmental Specialist, (503) 229-5913 or Toll Free in

Oregon 1-800-452-7813. In the case where you are a generator only

under the Stat~ program, we intenq t~ continue .using the EIN at least

until such time as we apply for final authorization.

Federal Program

EPA'S 1dentification system is based on the DUN system. Just knowing

your DUN number is not sufficient, however, since formal registration

with EPA is still necessary. EPA will acknowledge your notification

and issue a modified DUN number. That modified number is the number

that EPA and Oregon will accept on manifests and reports. If you have

not received acknowledgement from EPA to date·, you may call either

of the EPA telephone numbers identified above •

If you have any questions regarding this letter, please call Bill Hartford

or me.

Supervisor

Operations

RPR:g

ZGD37 (1)

~c: EPA-Region 10

EPA-Oregon Operations Office

Ernest A. Schmidt, Administrator, Solid Waste Division

Richard Reiter, Hazardous Waste Operations