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, Kansas 
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) 
I. PURPOSE 

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 
negotiations. 

2. Provide environmental and regulatory information to property owners, citizens, 

municipalities, counties, and elected officials to allow for informed decisionmaking 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. 
meeting the FY20 goa

s 

, 

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. 
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. 
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) so 
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 
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 to out-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 document toR5, 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 each 
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. 
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 authority 
action deliverables subm

tted 

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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. 
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- or companyspecific 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 may 
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 additional 
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. 
p

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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 

---- -- ----

~~

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Mark Hague 

Regional Administrator, 

U.S. Environmental Protection Agency 

Region 7 
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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 IN RED: NDEQ HAS TECHNICAL LEAD 

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 
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 

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 
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. 
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