# Oregon Department of Environmental Quality Part III Memorandum ofAgreement

Portland Oregon

July 28, 1995v 

### Memorandum ofAgreement Revision Authorization Application Oregon Department of Environmental Quality

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### Portland, Oregon June 1995

MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF OREGON AND THE UNITED STATES ENVIRONMENTAL PROTi::CTION AGENCY REGION 10



### I.**GENERA~** This Memorandum of Agreement (hereinafter "Agreement") establishes policies, responsibilities, and procedures pursuantto 40 CFR 271.8 for the State of Oregon's Hazardous Waste Program (hereafter "State Prograrn'jauthorized underSection 3006 of the Resource Conservation and RecoveryAct (hereinafter "RCRA" or ''the Act") of 1976 (42 USC 6901 et seg.) as amended (Public Laws 94-580,96-482,98-616) and the United States Environmental Protection Agency (hereafter EPA) Regional Office for Region 10. This agreementfurthersets forth the manner in which the State and EPA will coordinate the

.State's administration and enforcementof the State program. This agreement is entered into by the Directorofthe Departmentof Environmental Quality (hereinafter "Director" or ''the State', and the Regional Administrator, EPA Region 10 (hereinafter "Regional Adrninlstratorvor "EPA). For administrative purposes, the Departmentof Environmental Qualitywill serve as lead agency to simplify coordination and communication between the State and

### ~PA. Nothing in thisagreementshall be construed.torestrictln anyway EPA's authoiityto fulfill its oversight and enforcement responsibilities under RCRAas amended, Nothing in this· agreementshall be construed to contravene any provision of40 CFR Part 271. .'./ This Agreementmay be modified upon the initiative ofeither party in orderto ensure consistencywith State orFederal program modifications made or for anyother purpose mutually agreed upon, and will bereviewed.at leastonce ayear...Any revisions orI I I 

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_. modifications must be in writing and must be signed by the State and the. EPA. This' Agreementwill remain in effect until such time as State program authorization is withdrawn by or is voluntarily transferred to EPA according to the criteria and procedures established in 40 CFR 271.22 and 40 CFR 271.23. This Agreement is being executed because the State is receiving authorization for certain RCRA amendments. This Agreement supersedes the Agreementwhich was effective October4, 1994. This agreement shall be executed by the Directorand the Regional Administrator and shall become effective at the time the State's authorization takes effect, which shall be the date set out in the Federal Register notice ofthe Regional Administrator's decision to grant authorization to the State. II. POLICY STATEMENT Each of the parties to this Agreement is responsible for ensuring that its obligations under RCRA as amended, are met. Upon granting final authorization by EPA, the State assumes primary responsibilityfor implementing the authorized provisions ofthe RCRA hazardous waste program within its boundaries exceptfor tribal lands. EPA retains its responsibility to ensure full and faithful execution ofthe requirements of RCRA as amended, including direct implementation of HSWA in the event the State is not authorized to act. EPA also retains full authority and responsibilityfor implementation of RCRA on Indian lands in Oregon. The . State and the EPA agree to maintain a high level ofcooperation and coordination between their respective staffs in a partnership to assure successful and effective administration of the State program. Sectlon 3006(g) of HSWA provides that hazardous waste requirements and prohibitions promulgated pursuant to HSWA are applicable in authorized States at the same time that they are applicable in unauthorized States with the exception of 3006(f)-Availability ot Information, which cannot be implemented by EPA in authorized States, and EPA retains responsibility for the direct implementation ofthose provisions of HSWAwhich the State is not authorized to implement and it is the intention of EPA and the State to coordinate the implementation ofsuch provisionsto the greatestdegree possible. EPA will oversee implementation ofthe authorized State program in orderto ensure full execution of the requirements of RCRA as amended, to promote national consistency in implementation ofthe hazardouswaste program; to allow EPA to report to the President and Congress on the achievements ofthe hazardouswaste program, and to encourage States and the EPA to agree on desirabletechnical support and targets forjointefforts to prevent and mitigate environmental problems associatedwith the impropermanagement of hazardouswastes.: Oversightwill be accomplished by EPA through written reporting requirements, permit overview, compliance and enforcementoverview, and periodic review of the State's programs...

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# iIII. STATE PROGRAM REVIEW A. General The Regional Administratorwill assess the State administration and enforcement of the hazardous waste program on a continuing basis for equivalence and consistency with RCRA, with this Agreement, and with all applicable Federal requirements and policies and for adequacy of enforcement. This assessmentwill be accomplished "by EPA review of information submitted by the State in accordance with this Agreement and the annual State GrantWork Program, permit overview, compliance and enforcement overview, and annual review of State program activities. The Regional Administrator may also consider, as part of this regular assessment, written comments about the State's program administration and enforcementthat are" received from regulated persons, the public, and Federal, State and local agencies. Copies of any such comments received by the Regional Administratorwill be provided to the State, To ensure effective program review, the Director agrees to allow EPA access to all files and other information requested by the Regional Administrator and his or her designee and deemed necessary by EPA for reviewing State program administration and enforcement. 

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.' " "/ Review of the Department of Environmental Quality files may be scheduled at quarterly intervals. Program review meetings between the State and EPA will be scheduled at reasonable intervals not less than annually to review specific operating procedures and schedules, to resolve problems and to discuss mutual program concerns. These meetings will be scheduled at least fifteen (15) days in advance 

# C unless agreed to differently. B. Identification of Priority Activities The State and EPA agree to develop, on an annual basis as part of the State grant work program, criteria for priority activities, including activities regarding handlers of hazardous waste. These criteria will be based on guidance issued by EPA in the annual RCRA Implementation Plan (RIP) and otlierguidance documentsas may be appropriate, and will serve to identifythose activities which should receive the highest priority during the grant period. "

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# I .• IV. INFORMATION SHARING A. General As the national hazardous waste program matures, the respective roles and responsibilities in this State/Federal partnership will become more clear. As the respective information needs ofthe State and EPA evolve, changes to this section of theAgreement may be appropriate ora separate agreement may be necessary. During the annual State Grant Work Program, the State and EPA will carefully examine the following information sharing provisions for needed revision. 8. EPA 1. EPA will keep the State informed of the content and meaning of Federal statutes, regulations, guidelines, standards, policy decisions, directives. and any other factors that affect the State Program. EPA agrees to provide this information in a timely manner. "A timely manner" means EPA will forward relevant information and materials to the state Within a reasonable period of time. EPA will also provide general technical guidance to the State upon the state's request, and when information of mutual interest or concern is developed or acquired by EPA. EPA will provide at least quarterly, a list and summary of regulatory and policy changes which ," may affect the state program. EPA will share with the State any national reports developed byEPAfrom the data submitted through State reporting requirements, or that would be of interestto the state.

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### 2. The State and EPA have agreed to ajoint permitting process (see Section V.D. of this agreement). Underthe process. the State and EPA have established pollcles; and procedures by which each will pursue their respective and/orjoint ' responsibilities under the RCRA as amended. The State and EPA agree to the sharing of information as specified under"V.D. Joint Permitting Process" and the annual State Grant Work Program. Specifically included shall be the"procedures for sharing and coordinating the exchange of information on, but not limited to, the following: a. Part A and Part B Permlt.Appllcations, whether received prior to the effective date of this Agreement or subsequentto the effective date .of this Agreement and whetherfirst received by the State or EPA; 

### b. Information indicating the status ofcorrective action activities;

4e. Copies of final permits and permit modifications; and f. Notices of permit denials. 

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_ 3. EPA agrees to make available to the State copies of any reports and data resulting from compliance inspections within sixty (60) days of completion of the inspections. 4. Hazardous waste handler notification identification numbers will be handled in accordance with the most recent RCRIS·MOU and RCRA grant workplan agreement.
5. EPA will make available to the State other relevant information as requested which the State needs to implement its approved program. "Made available" may mean temporary access in lleu of actual delivery tothe state. Information provided to the 'State will be subjectto the terms of40 CFR, Part 2. C. State 1. The State agrees to inform EPA in advance of any proposedand adopted program changes which would affectthe State's ability to implementthe authorized program. Program changes ofconcern may include modification ofthe State's legal authorities (Le., statutes, regulations and judicial or legislative actions affecting those authorities), modifications of Memoranda ofAgreement or Understanding with other agencies, and modifications of resource levels (i.e., available or budgeted personnel and funds). The State recognizes that program revisions must be made in accordance with the provisions of40 CFR 271.21 and that until approved by EPA" revisions are not authorized as RCRA Subtitle C requirements. EPA will review, comment and advise the State as appropriate on State proposed revisions to the State regulations within the specified public reviewtime frame. 

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../ 2. Annually, through development ofthe State grantwork program, EPA and the State will agree on the type and frequency of reports the state will make in orderfor EPAto maintain oversight ofthe implementation ofthe State's authorized program. Such reporting shall include, but not be limited to, the following:
a. Compliance monitoring arid enforcement information; , b. Information indicating the status ofthe State's permitting, closure, post closure, and ground-water monitoring activities;



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### State decision to grantvariances, waivers, and delisting requests made by hazardous waste handlers; and d. Various reports designed to accurately describe the status of the State's authorized program, including Biennial Reports summarizing the quantity and types of hazardous wastes generated, treated, stored and disposed in the state. 3. The State agrees to provide EPA with a copy of each proposed variance, waiver, or ' delisting submittal within five (5) days of receipt. 4. The State agrees to provide EPA a copy ofany decisions regarding requests made by hazardous waste handlers to change their classification (e.g., requests to be deleted as generators but to retain their facility status) and facility requests to make on-site changes prior to permit Issuance (e.q., requests to handle additional wastes not identified on the facility's original notification and RCRA Part A Permit Application.) 5. The State agrees to provide EPA with copies of reports and data resulting from any compliance inspection and subsequent enforcement actions, when EPA requests such copies. 

### 6. The State agrees to provide any pertinent information requested by EPA within a mutually agreed upon time frame, as necessaryfor EPA to carry out its oversight responsibilities. Unless otherwise agreed upon, the above informatlon shall be sent to the EPA, Region 10.
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### D. Site Visits EPA is responsible for maintaining reliable national data on hazardous waste management. These data are used to report to the President and Congress on the achievements of the hazardous waste program and to support EPA's regulatory development efforts. Whenever EPA determines that it needs to obtain certain information, EPA will normallyfirst seekto gain this information from the State. The State agrees to supply the Regional Administratorwith this information if readily available and as resources allow. Ifthe State is unable to provide themtormatlcn or if it is necessaryto supplementthe State-information, EPA may conduct a special surveyorperform information collection site visits after notifying the. EPA will share with the State any national reports developed by EPA as a result of such information collection.E. Emergency Situations .Upon receipt of any information that the handling, storage, treatment, transportation, or disposal of hazardous waste is endangering human health or the environment, the party in receipt of such information shall immediately notify by telephone the other party(ies) to this Agreement of the existence of such situation. The Department of Environmental Quality shall notify EPA's Oregon Operations office «503) 326-3250). The EPA shall notify the Department of Environmental Quality's Hazardous Waste Program «503) 229-5913). F. Confidentiality 1. Any information obtained or used in the administration' of the State program shall be available to EPA upon request without restriction. If the information has been submitted to the State under a claim of confidentiality, the State must submit that claim to EPA when providing information. Any information obtained from the State and subject to a claim of confidentialitywill be treated in accordance with the regulations in 40 CFR Part 2 and the provisions of 3006(f) for which the State is authorized. In no case will the name and address of a permit applicant or permittee be deemed confidential information by the State or EPA. 

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2. EPA agrees to furnish to the State information in its files which is not submitted undera claim of confidential business information. and which the State needs to implement its program. Subjectto the conditions in 40 CFR Part 2, EPA will furnish the State information submitted to EPA undera claim of confidentiality which the

.State needs to implement its program. All information EPA agreesto transfer to the State will be transferred in accordance with the requirements of 40 CFR Part 2. EPA will notify affected facilities when such confidential business information is sent to the State. 

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V. PERMIT ISSUANCE. ADMINISTRATION AND TRANSITION A. EPA Peanitting Upon the effective date of authorization, the Statewill.begin to administer and enforce corrective action requirements in the State of Oregon. U.S. EPA Region 10 actions which fall underthe federal omnibus authority, and/orwhich are part of the federal oversight and overfile authoritieswill continue to be administered by U:S. EPA Region 10. In addition, HSWA amendments for which the State has not been authorized will continue to be administered and enforced by EPA Region 10. Permits issuedjointly by EPA and Oregon which contain language in the preamble allowing forthe automatictransferof the permit upon authorization of the State for corrective action, will transferautomaticallyto Oregon on the effective dateof authoriZation. 

# No permitcondition for.which Oreqon.is Rot yet authorized will autcrnaticallytransfer.

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C. EPA may comment on any permit application or draft permit. EPA will abide by the provisions of 40 CFR 271.19 (b) through (t).

. State Permitting The State is responsible for expeditiously drafting, circulating for applicant review and comment, issuing, modifying, reissuing or denying and terminating RCRA permits for those hazardous waste treatment, storage and disposal facilities contained in the authorized provisions ofthe State's program, and shall do so in a manner consistentwith RCRA as amended by

### the HSWA, with this Agreement, with all applicable Federal requirements. The State agrees to issue, modify and reissue, or deny all permits contained in the authorized portions of the State's program in accordance with Oregon Revised Statutes (ORS) 466 and to include as permit conditions all applicable provisions of OAR 340, Divisions 100 through 120. This agreementalso applies to permits issued afterfinal.authorization butforwhich the processing may have begun before final authorization. The State agrees not to use its broaderwaiver, variance or exemption authorities so that they will result in the imposition of any requirement less stringentthan comparable Federal program requirements. Joint Permitting. Pursuant to Section 3006(g)(1) of RCRA and in accordance with HSWA, EPA has the authorityto issue or deny permits (or those portions of permits) to facilities in Oregon for the requirements and prohibitions in or promulgated pursuantto HSWA until the State's program receives authorization forthose portions of the program. Oregon shall issue permits for those provisions of RCRA, as amended, for which Oregon has been authorized: EPA shall issue permit provisions for which Oregon is not yet authorized, excluding non-HSWA provisions; EPA and Oregon shall jointly sign such permits. Upon granting offinal authorization, EPA and DEQ will notify all permittees that the Department of Environmental Qualitywill have prime responsibility for the future administration and enforcementof said joint permits. The work program pertaining to permitting will be reviewed at least annually. The duties and responsibilities of EPA and the State forjoint permitting shall also be specified in the annual State GrantWork Proqrarn. D. COMPLIANCE WITH 40 CFR 270.3 Authorization of the State does not relieve EPA of its responsibilityfor compliance with other Federal laws that may applyto the issuance ofpermits (see 40 CFR 270.3). EPA and Oregon agreeto coordinate to the greatestdegree possible any permit actions as specified in 40 CFR 270.3:;>

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## VI. COMPLIANCE MONITORING AND ENFORCEMENT

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·8/, Nothing in this Agreement shall restrict EPA's right to inspect any hazardous waste generator, transporter orfacility or bring enforcementaction against any person believed to be in violation of the authorized State or Federal hazardous waste program or believed to have a release of hazardouswaste or hazardous constituent. Before conducting an inspection of a generator, transporter, or facility, EPA will give the State as least seven days notice of intentto inspect in accordance with 40 CFR 271.8 (b) (3) (i). Nothing in this agreement shall, or shall be construed to, constitute a valid defense by regulated parties in violation of any State or Federal environmental statute, regulation or permit. The frequency of EPA oversight and tralninqinspections will be specified in the annual State GrantWork Program. On an annual basis, EPA will negotiate with the State the percentage of the State's compliance inspections on which EPA will accompany the State. ' The EPA may take enforcement action against any person determined to be in violation of RCRA in accordance with Section 3008(a)(2). EPA may take enforcement action upon determining that the State has not taken timely and appropriate enforcement action or upon request by the State. Prior to issuing a compliance order under Section 3008(a), EPA will give notice to the State. 'EPA retains its rights to issue orders and bring actions under Sections 3008(a) and (h), 3013 and 7003 of RCRA and any other applicable Federal statute. ' After notice to the State, EPA may take action underSection 3008 of RCRA against a holderof a State-issued permiton the grounds that the permittee is not complying with a condition of that permit, In addition, EPA may take action under Section 3008 of RCRA against a holderof a State-issued permiton the grounds that the permittee is not complying with a condition that the Regional Administrator, in commenting on that permitapplication or draft permit, stated was necessaryto implement approved State program requirements; whether'or not

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## B. The State agrees to carry out a timely and effective program for monitoring the compliance by generators, transporters, and facilities, including federal facilities with applicable program requirements (see 40 CFR 271.15). As partof this program, the State will conduct compliance inspections to assess compliancewith generatorand transporterstandards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all**citt1~r** program requirements. Compliance monitoring activities and priorities will be specified in the annual 

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# (. GrantWork Program and shall be consistentwith all applicable Federal requirements. The State agrees to take timely and appropriate enforcement action against persons in violation of generatorand transporter standards (including manifest requirements), facility stand-ards, permit requirements, compliance schedules, and otherprogram requirements, including violations detected by State or Federal compliance inspections. The State will maintain procedures for receiving and ensuring proper consideration of information aboutviolations submitted by the public. The State agrees to retain all records for at leastthree years unless there is an enforcement action pending. In that case all records will be retained until such action is resolved

.. VII. AVAILABILITY OF INFORMATION A. General Section 3006(f) of .RCRAprovides that States may be authorized by the Administrator underthis section if the State program provides for the public availability of information obtained by the State regarding facilities and sites for treatment, storage and disposal of hazardous wastes; and that such information is available to the public in substantiallythe same manner, and to the same degree, as would be the case if the Administratorof EPAwere carrying out he provision of this subtitle in the State. The DEQ received authorization from EPA on May 29,1990 to implement Section 3006(f) in lieu ofthe EPA. 

## B. Requests for Information 1.

. Pursuantto the Federal Freedom of Information Act (FOIA), 5 U.S.C. 552(a)(2), Oregon Revised Statutes, and OAR 340-100 to 120, the State agrees to make certain materials routinely available without a forma.' FOrA request. Examples of these materials are final opinions or orders in case adjudlcation, State regulations, statements ofAgency policy, and administrative staffmanuals affecting the public. In addition, records prepared for routine public distribution will also be made available. Examples ofsuch records are press releases, copies ofspeeches, pamphlets, and educational material. 2. The State agency agrees to make reasonable efforts to assista requester in identifying records being sought, and to help the requesterfonnulate his or her request. 

### 3. If a requestforinfonnation is denied, the State agrees to provide the requesterthe basis for the denial and

# to notifythe requesterofStatejudicial 

### (Of, ifthey exist, administrative) proceduces, includ.ing statutes oflimitation-.



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### 4. The State agrees to make the fullest possible disclosure of records to the public, subjectto any of-the exemptions underthe Federal FOIA 

### recoqnized by the State, and in accordance with the EPA authorized and equivalent Statutes and regulations of the State.ofOregon

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### 5. A reduction orwaiveroffees will be considered in connection with each requestfrom a representative ofthe press or othercommunication medium, or from a public interest group. The State agrees to reduce

### orwaive the fee ifit determinesthat a reduction or waiverof the fee is in the best interest because furnishing the information can be considered as primarily benefiting the general public. C. Confidentiality of Business Information If a claim of confidentiality is asserted and cannot be resolved in the time period provided for an agency response.to a request, the State agrees to notify the requesterof the confidentiality claim within the maximum 20-daytime limit provided for an agency response. In addition, the requesterwill be told that the,request was denied in orderto resolve the business confidentiality claim. 

### D. Oversight 1. The State agrees to keep a log ofdenials of requests for information (or a file containing copies ofdenial letters sentto requesters) which will be made available to EPA during the State review. 

### .2. The State agrees to keep EPAfully informed of any proposed modifications to its basic statutory or regulatory authority,its forms, procedures. or priorities, as applied to section 3006(f). 

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BY: DATE:

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