NEBRASKA CORRECTIVE ACTION MEMORANDUM
OF AGREEMENT September 16, 2016 By and Between THE NEBRASKA DEPARTMENT
OF ENVIRONMENTAL QUALITY Lincoln, Nebraska and REGION7 OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Lenexa, KansasTable of Contents I. Purpose II. Program Goals III. Roles and Responsibilities IV. Performance Standards v. Permit Procedures VI. Order Procedures VII. Compliance with Permits and Orders VIII. Training IX. Resources X. Dispute Resolution XI. Reservation
of Rights XII. Effective Date XIII. Amendments Table 1 - 2020 Baseline- High Priority Facilities Subject to Corrective Action Table 2- Non 2020 Facilities Subject to Corrective Action Attachment
I- FY16-17 Nebraska Grant Work Plan Attachment II- FY16 Multi- Year Facility Planning Strategy Attachment III
- Corrective Action Guidance Documents (list)

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## I. 

## PURPOSE Memorandum

of Agreement for Corrective Action in 

## the State of Nebraska 

# A. The Nebraska Department
of Environmental Quality (NDEQ) and Region

7 of the United States Environmental Protection Agency (Region 7), enter into this Memorandum

of Agreement (MOA), for the following purposes:

1) to facilitate NDEQ's efforts for carrying out Resource Conservation and Recovery Act (RCRA) Subtitle
C corrective action in the State ofNebraska;

2) to identify the roles and responsibilities

of Region

7 and NDEQ for implementation ofthe RCRA corrective action program
in the State ofNebraska authorized under Section 3006 of the Resource Conservation and Recovery Act (hereinafter "RCRA" or "the Act") of 1976 (42 USC 6901 et seq.), as amended (Public laws 94-580,96-482, 98-616);
3) to acknowledge that EPA and NDEQ will continue working toward the Government Performance and Results Act (GPRA) goal of implementing final remedies
at all facilities requiring corrective action by the year 2020; and 4) to describe procedures for the coordination and issuance of corrective action permits, orders, and alternative enforcement mechanisms. B. 

# This MOA supersedes the earlier MOA between Region

7 and NDEQ dated December

4, 2013 for 'Investigation and Cleanup Activities
at Hazardous Waste Management Facilities', 

# but does not supersede any other Memorandums

of Agreement (MOAs) between NDEQ and Region

7 unless specifically stated herein. Both Region

7 and NDEQ reserve their respective enforcement authorities and responsibilities. This MOA is consistent with the requirements
of 40 CFR


# § 271.8. C. It 

# is the intention ofNDEQ and Region

7 to coordinate the implementation

of this MOA to the greatest degree possible. To achieve this level of coordination, Region 7 and NDEQ agree that frequent communication

is critical to the success of the RCRA corrective action program. NDEQ and Region

7 will coordinate the development
of the corrective action portion of permits and state corrective action orders and review of corrective action deliverables

at hazardous waste facilities. II. PROGRAM GOALS A. 

# Region

7 and NDEQ seek to protect human health and the environment

at RCRA facilities by implementing
the following strategic goals: 1. Assure the appropriate cleanup of RCRA facilities subject to corrective action and control human exposures and groundwater releases
to meet corrective action objectives within the State's geographic boundaries, except Indian country. Specifically, Region

7 and NDEQ will emphasize results-based corrective action

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# over process, maximizing procedural and program flexibility, potentially reducing the need for Region

7 reviews of documents.

In 

# order for Region

7 and NDEQ to meet this goal, the agencies will jointly set implementation schedules for each of the facilities during the multi-year planning strategy (MYPS) negotiations. 2. Provide environmental and regulatory information

to property owners, citizens, municipalities, counties, and elected officials
to allow for informeddecisionmaking regarding identified contamination

at RCRA facilities. NDEQ will provide opportunities
for meaningful public and community involvement prior to implementation

of any significant interim measures; during issuance of permits, consent orders, or other alternative enforcement mechanisms under state authority; and at the time of the proposed final remedy. NDEQ and Region 7 will conduct public involvement

in accordance with legal, regulatory, and policy requirements. NDEQ and Region

7 will use RCRA public involvement requirements and guidelines when using alternative enforcement mechanisms. 3. Assure remediation activities of contaminated media at RCRA facilities take into consideration projected future land uses; applicable federal and state law; local land use regulations; are protective ofhuman health and the environment; achieve media cleanup objectives; and address sources of releases

. For those sites not cleaned to any use standards, ensure institutional controls are in place to prevent incompatible use. 4 . Assure long-term reliability of remediation measures

at RCRA facilities by controlling human exposures and groundwater releases of hazardous wastes and constituents through the use of enforceable permits, orders, and/or institutional controls. 5 . Assure coordination with Region

7 in setting media cleanup objectives and remedy selection. B. 

# NDEQ and Region

7 recognize each other as partners in the ongoing success of cleanups
at RCRA facilities. Region

7 and the NDEQ commit
to continuing

to share information
on facilities in the corrective action and permit universes (as defined in RCRAinfo

), implementation priorities, new program initiatives, cleanup criteria decisions, national RCRA corrective action GPRA goal achievement status, and other relevant issues. NDEQ and Region

7 shall conduct periodic meetings or conference calls to discuss progress
in implementing this MOA, GPRA commitments, and facility-specific concerns. The annual Grant Work Plan (Attachment

I) and Multi Year Facility Planning Strategy (MYPS) (Attachment
II) will identify the universe each is responsible for and detail the individual
as well as joint activities
to be performed on permit and order issuance and on-going corrective action activities.

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## C. The national goals of the RCRA Corrective Action program are set and measured with regard to the 2020 Baseline of facilities, which generally consist ofhigher priority sites requiring remediation. NDEQ agrees to work with Region

7 to assist in meeting the FY20 goals for corrective action at the 2020 Baseline facilities, with details to be established
in the annual Grant Work Plan and MYPS. 

# III. ROLES AND RESPONSIBILITIES A. Region

7 will work with NDEQ to transfer increasing RCRA corrective action responsibilities

to the State. Region

7 and NDEQ will work together
to determine when and how best to accomplish this task in order to minimize disruption of ongoing corrective action work and to achieve the best possible program outcomes. Although site-specific corrective action work sharing activities will be defined in annual grant work plans and the MYPS, the following

is a description
of the current universe ofRCRA facilities in Nebraska subject to corrective action and the initial distribution
of workload between EPA and NDEQ. However,
as part of development ofthe annual MYPS and grant work plan, EPA and NDEQ can agree upon joint or individual responsibilities
for oversight of specific corrective action activities
at each facility. 1. There are 41 high priority and permitted facilities
in Nebraska on the current 2020 Baseline subject to corrective action. Of these 41, twelve have achieved corrective action complete or performance measures met (Table 1). Of the remaining
29 facilities, NDEQ has assumed technical lead at six facilities and one (Magnus Farley) is being addressed under the NDEQ Voluntary Cleanup Program (VCP). In addition, seventeen of these 29 facilities have achieved remedy construction complete, leaving twelve facilities on the Baseline that are still completing corrective action activities. 2. There are 29 low and medium priority facilities that have currently been identified
as being subject to corrective action (non-2020 Baseline facilities). Of these 29, 17 have achieved corrective action complete or performance measures met (Table 2). The referenced tables are subject to change as facilities move through the corrective action process or new facilities are added. B. The general roles and responsibilities
for Region

7 and NDEQ are as follows: EPA will make available
to the State other relevant information

as requested which the State needs to implement
its approved program. Information provided
to the State will be subject to the terms of 40 CFR Part 2, which requires authorization
of the State to receive confidential business information

in accordance with the procedures ofPart

2 and 

## Neb. Rev. Stat. §84-712.08.

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# C. The MYPS will be revised at least semi-annually

to reflect changes in the lead agency for corrective action and the status of corrective action projects. Upon execution of this MOA, and as facilities are added to this MOA, Region

7 and NDEQ will communicate and coordinate on the level of Region

7 involvement necessary for individual facilities subject to the MOA in order to reduce duplication of effort and streamline the efforts between the agencies. Regardless
of which agency assumes

a formal program leadership role on a site specific basis, both parties agree to continue
to communicate about, and coordinate (including work sharing), respective corrective action activities
at RCRA facilities. Where either party can offer management, programmatic

or technical assistance
to the other in meeting site-specific objectives
or mutual program goals, such support will be provided
to the extent resources and competing priorities allow. To the degree possible, specific plans and expectations with regard to corrective action activities will be negotiated
in annual RCRA grant work plans and the MYPS. All changes
to the MYPS should be made by consensus between Region

7 and NDEQ and conducted according
to the schedule
in the current Grant Work Plan. D. Generally, whenever Region

7 or NDEQ offer each other an opportunity

to comment on draft permits or orders, or other corrective action related submittals and documents; the review will take place within 45 days of receipt or within another mutually agreeable timeframe. When comments
or a request for additional time are not received, the documents subject to review will be considered final. NDEQ and Region

7 will strive to reach concurrence
on the issues raised as a result of the reviews. E. At all GPRA 2020 corrective action Baseline sites in Nebraska (as identified
in the grant work plan), irrespective
of which agency has technical lead, all facility submittals will be sent directly
to Region

7 and NDEQ. NDEQ will coordinate record retention of documents for NDEQ-lead facilities. For state lead/technical lead facilities, technical review and comment correspondence will be sent directly from the NDEQ to the facility. F. For state-lead facilities, NDEQ will be responsible for ensuring that facility investigations and reports address all elements and objectives established

in the facility permit, order, or agreement; and are submitted according

to the schedule contained therein. NDEQ will be responsible for conducting oversight of field activities. The level of such oversight will vary depending upon facility-specific circumstances and conditions. On a site-specific basis, Region

7 and NDEQ will coordinate reviews of facility corrective action documents. For all state-lead facilities where EPA is the regulatory authority (i.e., signatory on the permit or order), EPA shall be consulted
to confirm agreement on the final determinations relating
to corrective action activities.CA MOA NDEQJEPA September 16,2016 Page
5 of20 G. In accordance with the RCRA Facility Investigation Remedy Selection Tract (FIRST) process, NDEQ will make site-specific determinations

of whether remedy selection will require

a full Corrective Measures Study (CMS),

a limited CMS, or no CMS. For facilities requiring

a full CMS, NDEQ will ensure that all relevant remedial alternatives are evaluated. NDEQ will ensure that the CMS reports include an evaluation of the proposed remedies
in terms of the four threshold criteria and five selection decision factors for remedy selections that assist in gauging the overall effectiveness
of the alternatives. The four threshold criteria that all remedies must meet are: 1) protect human health and the environment;

2) attain media cleanup goals; 3) control sources of contamination; and 4) comply with appropriate federal and state requirements and standards. The five selection decision factors that aid remedy selection are: 1) long-term effectiveness;

2) short-term effectiveness;

3) implementability;

4) toxicity, mobility, and volume reduction; and 5) cost. H. For all state-lead facilities where EPA is the regulatory authority, Region

7 and NDEQ will coordinate development and review of all documents pertaining

to remedy selection and decision (i.e., Statements of Basis and Final Remedy Decision documents). For facilities under an existing order or permit issued by Region
7, all remedy decision documents will be issued by Region
7. Administrative records will be prepared by the agency with technical lead for each facility, and will be maintained by both NDEQ and Region
7. I. Entry of corrective action data into the RCRA Information (RCRAinfo) database

is a shared responsibility between NDEQ and Region
7. NDEQ
is responsible for all RCRAinfo corrective action data entry on state lead and joint corrective action projects,
as designated
in the MYPS, conducted pursuant
to permits and orders. Region

7 remains responsible for RCRAinfo corrective action data entry on Region 7-lead projects,
as designated
in the MYPS, conducted pursuant
to permits, orders or other agreements. 

### J. For each state-lead facility, NDEQ will provide annual reports in accordance with the RCRA Subtitle
C Hazardous Waste Management Program Grant Work Plan. Schedules and completion dates of tasks to be completed for state lead facilities will be identified on the MYPS Table in NDEQ's Grant Work Plan. K. NDEQ will ensure that the facility provides financial assurance for corrective action; the facility maintains financial assurance
to cover costs of implementing orders, permits, or agreements; and the facility annually updates such financial assurance during the term of the instrument. Specific financial assurance requirements will be modeled on those described
in 40 CFR 264 Subpart H. L. GPRA goals are high priority national goals that are tracked by EPA and Congress. NDEQ and Region

7 will communicate and coordinate
on activities
at the GPRA 2020 Baseline facilities (as identified

in Table

1 and the annual grant work plan) soCA MOA NDEQ/EPA September 16, 2016 Page
6 of20 that the status of GPRA goals can be tracked and communicated

to EPA Headquarters. RCRA currently has four national GPRA goals for corrective action that apply to 2020 Baseline facilities. These are 1) identify and achieve human exposures under control (CA 725); 2) control the migration of contaminated groundwater (CA 750); 3) complete remedy construction (CA550) and 4) corrective action performance standards attained (CA900/CA999). M. Responsibility
for preparing RCRA Environmental Indicator (EI) evaluations for achievement
of the CA 725 and CA 750 GPRA goals will rest with the agency with technical lead. NDEQ will prepare these evaluations for state lead facilities, with assistance from Region
7, as requested. For facilities
at which Region

7 has technical lead, NDEQ will assist Region

7 in preparing the RCRA EI evaluation, by providing Region

7 with any technical information about the facility that NDEQ has obtained. The number and timing of these evaluations will be negotiated with Region

7 in the MYPS. When developing
its evaluations, NDEQ will use (1) appropriate EPA EI evaluation guidance (Interim Final Guidance for RCRA Corrective Action Environmental Indicators, February

5, 1999); (2) checklists associated with the foregoing document; and (3) any new relevant guidance developed by EPA. The EI forms will be submitted
to Region

7 for review and signature per the agreed upon schedule, which will be negotiated

in the MYPS. N. In accordance with 40 CFR


### § 271.8(B)(2), the Regional Administrator will assess the State administration

of the corrective action program on a continuing basis for equivalence and consistency with RCRA, this MOA, and all applicable Federal requirements and policies, and for adequacy of enforcement. EPA will conduct this assessment by reviewing information submitted by the State in accordance with this MOA and the State grant work program, permit overview, compliance and enforcement overview, and annual review of State program activities. 

### IV. PERFORMANCE STANDARDS A. Releases from facilities subject to RCRA Corrective Action under RCRA Sections 3008(h), 3004(u), and/or 3004(v) pose, or potentially pose,

a significant risk to human and ecological receptors. Any releases from these facilities must be investigated and human health and ecological risks evaluated. NDEQ will evaluate health and ecological health risks consistent with EPA risk assessment guidance and policy, Superfund's National Contingency Plan (NCP), 40 CFR 300.430 (e)(2), and RCRA's Advance Notice ofProposed Rulemaking (ANPR) (Federal Register, Vol. 61, No. 85, Wednesday, May I, 1996, page 19432). Tabulated non-cancer

and carcinogenic risk-based contaminant concentrations, such as those provided
in the EPA Regional Screening Levels (RSLs) Tables, may be used as a screening tool to determine
if contaminant investigation objectives have been met for preliminary remediation goals at state lead facilities, except when multiple contaminants
are present. Final remediation goals at RCRA facilities investigated under this MOA

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## may be calculated based on EPA risk assessment methodology found in EPA's 

## Risk Assessment Guidance for SuperfUnd Volume

1 -Human Health Evaluation Manual (Parts A-F) and other relevant EPA risk assessment guidance and policy. NDEQ Title 

# 118- Ground Water Quality Standards and Use Classification, Nebraska Voluntary Cleanup Program Remediation Goals, and background information may also be used in development
of cleanup standards, where appropriate. Consistent with the NCP, the ANPR, and the EPA's 

## Handbook of Groundwater Protection and Cleanup Policies for RCRA Corrective Action (EPA530-R-04-030),
EPA expects final remedies

at RCRA facilities
to protect and return usable ground water to its beneficial use which, for groundwater that is a current or reasonably expected source of drinking water, means establishing cleanup levels based upon

a residential drinking water exposure scenario. B. All state lead facilities will be required
to submit

a site-specific Quality Assurance Project Plan (QAPP) for all activities requiring collection of environmental data. NDEQ will be responsible for reviewing and approving the QAPP. For activities requiring collection of environmental data in the field by NDEQ, such as quality assurance or verification sampling,

a site-specific QAPP or a generic QAPP with
a site-specific QAPP addendum will be prepared by the agency with technical lead and oversight. The lead agency will be responsible for developing and implementing quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient
to produce data ofknown and documented quality adequate
to meet its intended use and to minimize loss of data due toout-ofcontrol conditions
or malfunctions.
All QAPPs should be prepared
to comply with the requirements outlined
in the current version of the document 

## EPA Requirements for Quality Assurance Project Plans, EPA QA!R5

. The companion documenttoR5, 

## Guidance for Quality Assurance Project Plans, EPA QA/G-5, may also be used to assist with the preparation
of the QAPP. Both of the above documents are available on-line at 

## http://www.epa

. gov/quality/qa_docs.html.

The QAPP should be reviewed and approved per the lead agency's approved Quality Management Plan. 

# V. PERMIT PROCEDURES A. Upon authorization
of the State program, the corrective action portion of new or reissued permits for RCRA hazardous waste management facilities will be issued under state authority. NDEQ will be the lead agency in developing these permits, reviewing the corrective action deliverables submitted thereunder, and coordinating all such reviews with appropriate personnel and agencies. NDEQ will utilize

a combination
of general, standard and site-specific permit language
in developing corrective action-related permit conditions. B. In preparing the corrective action portion of permits, NDEQ will review all pertinent information including the permit application, facility files and correspondence.

A schedule for submittal of corrective action deliverables will be established

in eachCA MOA NDEQ/EPA September 16, 2016 Page
8 of20 permit as necessary. This schedule will be based on the general nature and scope of actual/potential releases
at each facility, the corresponding environmental priority and the nature and scope of previous corrective action activities,
if any, already completed. The need for stabilization using interim measures will be considered. All Solid Waste Management Units (SWMUs) and Areas of Concern (AOCs) requiring further corrective action will be specified
in each permit. C. NDEQ
is responsible for drafting corrective action permit language, issuing the draft permit, facilitating public participation related to the draft permit, responding

to public comments and issuing the final permit. The MYPS will specify when an existing Region

7 permit or order is scheduled
to be replaced by a state permit. NDEQ is responsible for coordinating

all permit-related activities with Region

7 to ensure that appropriate site specific requirements from previously-issued Region ?permits and orders are covered by and integrated into the replacement permit. NDEQ's Project Manager (PM) will be responsible for coordinating these tasks both internally (i.e., with other sections/programs)
and externally (i.e., with Region 7). D. Permits previously issued by Region
7, which contain corrective action provisions, will continue
to be under EPA's legal authority until the Permit expires and the State's Permit
is issued and effective. The decision
to terminate any corrective action permit, other than by expiration, will be coordinated with NDEQ and specified
in the MYPS. E. If requested by NDEQ, and as resources allow, Region

7 will act in a permit development support role on state-issued permits. Region

7 will receive permit applications and other submittals from facilities and will be provided with an opportunity

to offer comments

to NDEQ on the permit applications, other submittals, draft Notices of Deficiency and NDEQ prepared draft/final permits before they are sent out. Pursuant
to 40 CFR 271.19, Region

7 may review and comment on all state-lead permits applications and draft permits

. Region

7 reserves the right to take any necessary enforcement action related to state-issued permits pursuant
to applicable federal laws and regulations. F. If requested by NDEQ, and as resources allow, Region

7 will serve in a technical support role for corrective action performed under state-issued permits, providing review and comment on deliverables under such permits,
as appropriate. When Region

7 is serving in a technical support role for a state-issued permit at NDEQ's request, the NDEQ PM will respond
to all of Region 7's comments and will either accept the comments, modify the comments
so as to be mutually acceptable

to NDEQ and Region
7, or notify Region

7 if there is continuing disagreement. NDEQ and Region

7 will strive to reach concurrence
on the issues raised as a result of the rev1ews.CA MOA NDEQ/EPA September 16,2016 Page
9 of20 G. Primary technical oversight of corrective action activities under Region

7 issued permits falls into two categories. Primary technical oversight for Region

7 permits, the corrective action (HSWA) portion of which was developed by Region
7, will reside with Region

7 unless the MYPS specifically redefines that responsibility. Primary technical oversight for those permits, the corrective action (HSW A) portion of which was developed by NDEQ on behalf of Region
7, will reside with NDEQ unless otherwise defined in the MYPS. When primary technical oversight

is provided by NDEQ, NDEQ will prepare and provide
to Region

7 draft approval, disapproval and/or permit modification documents for Region 7's review, approval, and/or modification.

If Region

7 believes that significant revision ofNDEQ's draft documents

is necessary, Region

7 will consult with NDEQ before making such revisions. H. For sites where EPA has lead enforcement authority, corrective action technical review and comment correspondence will be sent directly from NDEQ to the facility after Region

7 has had an opportunity

to review and comment on NDEQ's draft correspondence
and after disagreements,

if any, have been resolved.
If no comments are received from Region

7 within 45 days of receipt ofNDEQ's draft correspondence

or another mutually agreed upon timeframe, NDEQ may finalize such correspondence
and transmit

it directly
to the facility and copy Region
7. If comments are received from Region
7, the NDEQ PM will respond
to all of Region 7's comments and will either accept the comments, modify the comments
so as to be mutually acceptable

to NDEQ and Region
7, or notify Region

7 if there is continuing disagreement. NDEQ and Region

7 will strive to reach concurrence
on the issues raised as a result of the reviews. I. EPA retains authority for the Hazardous and Solid Waste Amendments (HSW A) regulations which the State has not yet adopted. EPA will continue
to issue HSW A permits covering these regulatory requirements until such time as the regulations are adopted by the State. Non-HSWA regulations/requirements

that have been adopted by the State but not yet authorized by EPA will be incorporated into the State portion of each permit and will be enforced,
as appropriate, under state law. 

### VI. ORDER PROCEDURES A. NDEQ will continue
to provide corrective action oversight under existing state orders. Corrective action orders may be issued in Nebraska under either state or federal authority. NDEQ and Region

7 will coordinate during the MYPS process and/or by conference
on the choice of state or federal authority for the issuance of corrective action orders. Region

7 and NDEQ will specify which facilities are targeted for corrective action orders in the MYPS. During MYPS development, Region

7 and NDEQ will discuss the level of coordination that is anticipated for issuance and implementation

of such orders and develop mutually acceptable timelines for order development and issuance. The lead agency/order authorityCA MOA NDEQ/EPA September 16, 2016 Page 10 of20 identified
in the MYPS will determine whether Region

7 or NDEQ will coordinate the development and issuance of specific orders. B. NDEQ will be the lead agency in developing state orders, reviewing the corrective action deliverables submitted thereunder and coordinating

all such reviews with appropriate personnel and agencies. As appropriate, Region

7 will provide guidance and assistance

to NDEQ during the order development process and each agency's files will be made available
to the other agency to assist in order development.

In preparing draft consensual and unilateral orders, NDEQ will utilize orders that contain major elements and provisions that are consistent with and comparable

to the orders used by Region
7. Once these draft orders are finalized, NDEQ may provide Region

7 with
a copy of the draft order and indicate whether Region

7 review
is being requested.

If review
is requested and Region

7 provides comments, NDEQ and Region

7 will strive to reach concurrence
on the issues raised as a result of the reviews. Once signed by all parties, NDEQ will provide copies of the signed order to the facility and Region
7. C. EPA corrective action-related guidances and directives will be used by NDEQ where relevant and appropriate and within the context of applicable state laws and regulations

in the drafting of its permits and orders to inform RCRA TSDs how to comply with the RCRA corrective action process. These guidances and directives are not regulations nor do they change or substitute for the statutory provisions applicable

to the facilities, nor do they confer legal rights or impose legal obligations upon any member of the public. D. If requested by NDEQ and as resources allow, Region

7 will serve in a technical support role for corrective action performed under state-issued orders, providing review/comment

on facility deliverables and/or agency comment letters to the facility, as appropriate. The NDEQ PM will notify Region

7 of any schedule constraints, modifications

or specific issues for resolution

to ensure adequate and timely reviews of such deliverables and/or comment letters. When Region

7 is serving in a support role at NDEQ's request, the NDEQ PM will respond
to all of Region 7's comments and will either accept the comments, modify the comments
so as to be mutually acceptable

to NDEQ and Region
7, or notify Region

7 if there is continuing disagreement. NDEQ and Region

7 will strive to reach concurrence
on the issues raised as a result of the reviews. E. Corrective action orders previously
or hereafter issued by Region

7 will remain under EPA authority until terminated by Region

7 as completed and/or incorporated into a state corrective action permit or order. Primary technical oversight for EPA orders will reside with Region

7 unless the MYPS specifically redirects that responsibility

to NDEQ.CA MOA NDEQ/EPA September 16, 2016 Page 11 of20 F. Region

7 and NDEQ reserve their respective rights under applicable laws to issue orders as may be necessary
to respond
to findings of endangerment

to public health or the environment. Region

7 retains the authority
to issue corrective action orders under federal authority, but will consult with and notify NDEQ prior to the issuance of any federal corrective action orders in Nebraska. Region

7 recognizes that the State possesses state authority
to issue state corrective action orders; however, the issuance of such orders
is pursuant
to state laws and regulations and does not preclude Region 7's issuance of corrective action orders under federal authority, including Section 3008(h) ofRCRA, which is not part of the State's authorized program. Reservation
of rights language, which does not preclude Region 7's right to require further corrective action, will be included in state corrective action orders. Region

7 also reserves the right to issue orders as part of facility- orcompanyspecific enforcement actions. 

### VII. COMPLIANCE WITH PERMITS AND ORDERS A. Following the enactment ofHSWA, corrective action for releases
at hazardous waste management facilities
in Nebraska was implemented through EPA RCRA permits (HSW A Part II) and enforcement orders. In parallel, NDEQ used compliance orders and consent orders issued under state authority for achieving cleanup of releases
at RCRA facilities. B. Presently, releases
at Nebraska facilities are addressed using the following: • EPA corrective action enforcement orders • EPA HSW A Part II permits • NDEQ state consent orders • NDEQ state compliance orders • NDEQ HSW A corrective action permits • Voluntary agreements C. Enforcement
of corrective action permits and orders will be consistent with existing enforcement agreements and principles and will be as stringent
as federal regulations. Where Region

7 is the issuing authority for a permit or an order, but NDEQ has lead technical oversight responsibility, NDEQ will provide Region

7 notice of any initial determinations

of non-compliance

by a facility. ND EQ will advise Region

7 as to the nature and scope of these determinations and may provide recommendations

to Region

7 regarding enforcement action(s) based on the nature of any violation(s)

to respond
to such violations and to effectively return the facility to compliance. Region

7 will coordinate with NDEQ on any final determinations

of noncompliance with corrective action requirements
for facilities where NDEQ has the technical lead and will provide NDEQ notice prior to commencement

of any enforcement action related to non-compliance with such requirements. NDEQ mayCA MOA NDEQ/EPA September 16, 2016 Page 12 of20 make determinations

of compliance
or non-compliance with state-issued corrective action permits and orders and communicate such determinations directly
to facilities without prior notice to Region
7. D. Where NDEQ finds
a facility may be defined as a "significant non-complier" under the RCRA 2003 Hazardous Waste Civil Enforcement Response Policy (ERP), NDEQ will consult with Region

7 and may refer such matters
to Region

7 for enforcement. Region

7 reserves the right to comment on, determine compliance with, and/or enforce state issued permits under 40 CFR 271.19 and applicable federal laws and regulations. Region

7 is responsible for notifying NDEQ about recalcitrance and significant non-compliance with EPA-issued orders and HSWA permits and discussing appropriate enforcement actions to be taken. NDEQ and Region

7 agree that all violations identified by the State and EPA, respectively, will be reported and accurately reflected
in EPA's RCRAinfo database. VIII. TRAINING A. Introductory training will continue
to be necessary
to address the needs of new corrective action staff. Advanced training will be necessary

to address the needs and enhance the skills of more experienced corrective action staff. Region

7 has in the past and will, as resources allow, provide training
to NDEQ on various aspects of corrective action and related topics. NDEQ will also provide for non-EPA training, as appropriate,

to ensure long-term success in state implementation

of the Corrective Action Program. B. The following general areas have been identified

as those for which training may be provided: • Federal/State Regulations and Guidance (e.g., Corrective Action/Permitting Overview and related regulations training) • Site Assessment and Investigation (e.g., RF A/RFI, groundwater) • Risk Assessment, Management, and Decision-Making • Remedial Alternatives Evaluation and Implementation (e.g., CMS/CMI) • Corrective Action Order Development and Negotiation • Project Management, Communication
and Leadership Skills • Public Participation and Systematic Development
of Informed Consent IX. RESOURCES It is understood by NDEQ and Region

7 that adequate human, financial and technical resources are necessary
to carry out this MOA, including performance
of corrective action activities
to meet the goals established

in the State-EPA Grant Work Plan and associated MYPS. Therefore, based on available resources, NDEQ will take on additionalCA MOA NDEQ/EPA September 16, 2016 Page 13 of20 corrective action responsibilities

on a site-specific basis through mutual agreement with Region

7 during the MYPS negotiation process. NDEQ will continue
to require EPA's support in specialized technical areas such as performing and reviewing risk assessments, etc. X. DISPUTE RESOLUTION For all state lead facilities, the parties will strive to reach concurrence

in a timely manner on any conflicting positions that may arise. It is the desire of both parties that any disagreements identified

as a result of joint reviews and work sharing on a particular facility be resolved
at the lowest organization level, which may include the program staff or program supervisory level. In the event

a resolution cannot

be reached
in a timely manner, any continuing major disagreements will be brought
to the attention of the Division Director ofthe EPA Air and Waste Management Division, and the NDEQ Waste Management Division Administrator
for resolution. XI. RESERVATION
OF RIGHTS Nothing
in this MOA shall be construed

to restrict in any way EPA's oversight and enforcement authority under RCRA. Further, nothing in this MOA shall be construed

to contravene any provision of 40 CFR Part 271. NDEQ and Region

7 reserve any and all rights and authority that they respectively have, including but not limited to: legal, equitable,
or administrative rights and authority. This specifically includes NDEQ's and Region 7's authority
to conduct, direct, oversee, and require environmental response
in connection with any facility which is listed in this MOA. Notwithstanding
any other provision of this MOA, nothing herein affects or limits NDEQ's or Region 7's authority or ability to take any enforcement action authorized by law. 

### XII. EFFECTIVE DATE Unless otherwise stipulated, this agreement will take effect immediately upon: 1) being signed by both the Director ofNDEQ and the Regional Administrator, Region
7, EPA, and 2) publication

in the Federal Register of an 'Immediate Final Rule' granting Nebraska final authorization
for its state corrective action program.

# CA MOA NDEQ/EPA 

# September 16, 2016 Page 14 of20 

# XIII. AMENDMENTS This MOA may be amended or modified upon the initiative of either party for any purpose mutually agreed upon. NDEQ and EPA shall keep each other informed of any proposed or actual amendments

to applicable state or federal statutory

/ regulatory authority, directives, guidance, and legal

/ regulatory interpretations

as may impact the MOA. The MOA will be periodically reviewed by NDEQ and EPA to determine
if revisions are necessary. To be effective, the revised MOA must be in writing and must be signed by the signatories below, their successors

, or designees. Jim Macy Director

, Nebraska Department
of Environmental Quality



# By **~-**

.. __..., Date: 

# II \ l b { {A


# l (p **----**
**-- ----**  **~~ -------**  

# Mark Hague Regional Administrator, U.S. Environmental Protection Agency Region

7

### CA MOA NDEQ

/ EPA September 16,2016 TABLE 1: 2020 Baseline

· High Priority Facilities Subject to Corrective Action FACIUlY NAME RCRAEPAID# 3D INVESTMENT, INC NED986368728 AGRIUMADV. TECH. (FORMERLYTETRA MICRONUTRIENTS) NED000610550 AGROMAC- LOCKWOOD CORPORATION NED044101442 AMERICAN METER CO NED007265077 ASH GROVE CEMENT PLANT NED007260672 BEHLEN MFG CO NED007268790 BOSCH SECURITY SYSTEMS (FORMERLYTELEX) NED089569024 BOSS ELMAN TRAVEL CENTER NER000000521 BURLINGTON NORTHERN



### & SANTA FE NED000822767 CERTIFIED TANK NER000000737 CLEAN HARBORS ENVIRONMENTAL SERVICES INC NED981723513 CROWN CORK 

### & SEAL CO USA INC NED007263353 CURTIS METALS NED058808908 DEETER FOUNDRY INC NED007272701 DUDLEY LAUNDRY COMPANY NED035093178 EATON CORP NED065133167 EATON CORP DBA SORENSON PARK PLAZA (FORMERLY

V

I CKERS) NED007286198 GENERAL DYNAMICS MAIN PLANT NED043534635 IBP

, INC. NED072892037 MAGNUS FARLEY NED007285257 MALNOVE INCORPORATED

OF NEBRASKA NED007258213 MARATHON

01 L (FORMERLY WEST SYDNEY GAS) NER000008276 NASHUA LABEL CORPORATION NED045275260 N UCOR STEEL NEBRASKA NED087069050 OFFUTT AFB NE8571924648 PARKER HANNI FIN CORP

N ED05507 4892 PAXTON MITCHELL NER000000372 SAFETY

- KLEEN GRAND ISLAND NED000687186 SAFETY-KLEEN SYSTEMS INC NED053316535 SAFETY-KLEEN SYSTEMS INC (GERING)

N ED000687178 SAFETY

- KLEEN SYSTEMS INC (OMAHA

- A STREET) NED981495724 SEAGATE TECHNOLOGY (FORMERLY IMPRIMIS) NED072901945 STATE STREET LANDFILL (DOUGLAS COUNTY LANDFILL) NET320010234 TENNECO AUTOMOTIVE OPERATING CO INC NED007263619 UNION PACIFIC RAILROAD NED000829754 UNION PACIFIC RAILROAD NPLATTE BAILEY YD NED047042270 UNIVAR (FORMERLYVOPAK
USA INC) NED986375327 UNIVAR USA INC

- OMAHA NED000809483 VALMONT INDUSTRIES INC NED007267214 VAN DIEST SUPPLY CO NER000500439 VAN DIEST SUPPLY/LICHTENWALDT NER000500934 FACILITIES

I N RED

: NDEQ HAS TECHNICAL LEAD
DEFERRED (CA210) CA900 CA999 5/26/04SF 09/17/04RM 8/18/99SF 05/18/12NF 06/16/0BNF 07/26/llNF 06/13/0SCR 09/17/10RM 8/12/140T 05/18/00RM 12/30/14NF 01/14/1SNC 09/04/14NF 06/01/98NF 09/16/10NF

### CA MOA NDEQ/EPA 

### September 16, 20 16 TABLE 2: Non-2020 Fadlitles Subject to Corrective Action FACIUTY NAME RCRAEPAID# ATWOOD ENTERPRISES INC NED000610444 AUBURN BOARD OF PUBLIC WORKS NEROOOSOSS86 CAMACO LLC NED980325559 ENVIRONMENTAL SERVICES INC NED000610576 GBW RAILCAR SERVICES LLC NED981117153 GOULD INC NED006451033 GREENBRIER RAIL SERVICES NED986369098 KOCH FERTILIZER BEATRICE LLC NED000325167 LINDSAY MANUFACTURING

LLC NED068645696 MIDDLE STATE MFG INC NED007287725 OWEN-SHORT MANUFACTURING NED986377729 PLA TIE CHEMICAL CO NED000819060 PLATIE CHEMICAL CO NED000819078 PLATIE CHEMICAL COMPANY OFFICE/WAREHOUSE NED000819045 PLATIE CHEMICAL COMPANY WAREHOUSE NED986369726 PROGRESS RAIL SERVICES CORP- ALLIANCE CAR SHOF NED986377646 PUBLIC WORKS/UTILITIES-EQUIPMENT
MGMT NED981707722 RADIO ENGINEERING INDUSTRIES NED986369007 RICHARD AND STEVEN PAYNE NEROOOS03052 SAFETY-KLEEN CORP 5-127-01 NED020185138 SMC ACQUISITION CORP NER000003848 SNYDER INDUSTRIES, INC. NED007266992 TRAFFIC ENGINEERING NED981127343 US MEAT ANIMAL RESEARCH CENTER NE2120519606 UNIVERSITY
OF NEBRASKA- LINCOLN NED000766816 UNIVERSITY
OF NEBRASKA MEDICALCTR NED000809475 USA TIRE MANAGEMENT
INC NER000007732 VANTAGE AGRI SERVICE INC NEROOOS00975 ZIMMERMAN FARM (VAN DIESTSUPPLYCOMPANY) NEXOOOS03367 DEFERRED (CA210} CA900 CA999 08/18/08NF 07/26/12NF 01/15/14NF 01/29/14NF 02/18/14NF 08/05/15CR 07/26/12NF 12/02/14NF 05/18/12NF 12/10/14NF 01/29/14NF 02/08/05NF 02/06/14NF 12/03/14NF 01/29/14NF 09/10/14NF 06/06/BNF

## CA MOA NDEQ/EPA 

# September 16,2016 

# Attachment
III Select RCRA Corrective Action Guidance Documents* EPA, 2016, RCRA Facilities Investigation Remedy Selection Track-
A Toolbox for Corrective Action EPA, 2004, Handbook of Groundwater Protection and Cleanup Policies for RCRA Corrective Action, EPA530-R-04-030. (April). EPA, 2003. Final Guidance on Completion
of Corrective Action Activities

at RCRA Facilities (68 FR 8757, February 25). EPA, 2002. OSWER Draft Guidance for Evaluating the Vapor Intrusion
to Indoor Air Pathway from Groundwater and Soils (Subsurface Vapor Intrusion Guidance). EPA, 2002, Guidance for Quality Assurance Project Plans, EPA QA/G-5 (EPA/240/R-02/009). EPA, 2001, Requirements
for Quality Assurance Project Plans, EPA QAIR5 (EPA/240/B-01/003). EPA, 2000. Institutional Controls:

A Site Manager's Guide to Identifying, Evaluating and Selecting Institutional Controls
at Superfund and RCRA Corrective Action Cleanups (EPA/540/F-00/005, September). OSWER Directive 9355.0-74FS-P. EPA, 1999. Corrective Action for Solid Waste Management Units at Hazardous Waste Management Facilities (64 FR 54604, October 7). EPA, 1999. Use of Monitored Natural Attenuation

at Superfund, RCRA Corrective Action and Underground Storage Tank Sites (April21). OSWER Policy Directive 9200.4-17P. EPA, 1999, Interim Final Guidance for RCRA Corrective Action Environmental Indicators (February 5). EPA, 1998. Technical Protocol for Evaluating Natural Attenuation
of Chlorinated Solvents in Groundwater (September).
EP A/600/R-98/128. EPA, 1996. Advance Notice of Proposed Rulemaking
(61 FR 19432, May 1). EPA, 1994, RCRA Corrective Action Plan, Final (May). OSWER Directive 9902.3-2A. EPA, 1992, Regional Policy on Differential Corrective Action Oversight and Corrective Action Oversight Guidance, OSWER Directive 9902.7 (EPA/530-SW-88-029). EPA, 1991, Statement of Basis, Final Decision and Response

to Comments Guidance (February), EP A/540/G-91/011.

### CA MOA NDEQ/EPA September 16, 20 16 

# EPA, 1991, Guidance on Managing the Corrective Action Program for Environmental Results: The RCRA Facility Stabilization Effort (October 25). EPA, 1991, RCRA Stabilization Strategy. EPA, 1990. National Oil and Hazardous Waste Contingency Plan (55 FR 8666 and 40 CFR 300) EPA, 1990, Corrective Action for Solid Waste Management Units at Hazardous Waste management Facilities; Proposed Rule (SubpartS) (55 FR 30798), (July 27). EPA, 1989, Risk Assessment Guidance for Superfund (EPA/540/1-89/002). EPA, 1989, RCRA Facility Investigation Guidance, Interim Final (May), OSWER Directive 9502.00- 6D. EPA, 1988, RCRA Corrective Action Interim Measures Guidance, OSWER Directive 9902.4. EPA, 1987. Alternate Concentration Limit Guidance (EPA/530/SW-87/017). EPA, 1986, Guidelines for Groundwater Classification under the EPA Ground-water Protection Strategy, Final Draft (December). EPA, 1986. RCRA Facility Assessment Guidance, October, OSWER Directive 9502.00-5 KDHE, 2010, Risk-Based Standards for Kansas (RSK Manual Version

5 (October). 

# * Any subsequent
or updated guidance should also be consulted,
as applicable