•
 

MEMORANDUM OF AGREEMENT BETWEEN 

THE STATE OF IDAHO 

AND 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

I. GENERAL 

• 

This Memorandum of Agreement (hereinafter "Agreement") establishes policies, 

responsibilities, and procedures pursuant to 40 CFR 271.8 for the State of Idaho Hazardous 

Waste program (hereinafter "State Program") authorized under §3006 of the Resource 

Conservation and Recovery Act (hereinafter "RCRAor "the Act") of 1976 (42 USC 6901 et seq.), 

as amended (Public laws 94-580,95-609,96-463,96-510,96-482,97-272,98-45, and 98-616), 

and the United States Environmental Protection Agency (hereinafter EPA) Regional Office for 

Region 10. This Agreement further sets forth the manner in which the State and EPA will 

coordinate in the State's administration and enforcement of the State Program and, pending 

State authorization, EPA's administration of the provisions of the Hazardous and Solid Waste 

Amendments of 1984 (HSWA). For purposes of this Agreement, references to "RCRA" include 

HSWA. 

This Agreement is entered into by the Director of the Idaho Department of Health and 

Welfare (hereinafter "Director" or "the State") and the Regional Administrator, EPA Region 10 

(hereinafter "Regional Administrator" or "EPA"). 

Nothing in this Agreement shall be construed to restrict in any way EPA's authority to 

fulfill its oversight and enforcement responsibilities under RCRA. Nothing in this Agreement 

shall be construed to contravene any provision of 40 CFR Part 271. 

The parties will review the Agreement jointly at least once a year (and other times as 

appropriate) during preparation of the annual State Grant Work Plan, in connection with grant 

funding under §3011 of RCRA. 

This Agreement may be modified upon the initiative of either party in order to ensure 

consistency with State Program modifications made or for any other purpose mutually agreed 

• 

upon. Any revisions or modifications to this Agreement must be in writing and must be signed 

Memorandum of Agreement 

Page 5 - 1 

REVISED, January 1992 
•

by' the State and the Regional Administrator. This Agreement will 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time as State Program authorization is withdrawn by or is voluntarily transferred to EPA 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 shall be executed by the State and the Regional Administrator and 

shall replace the Memorandum of Agreement dated March 26, 1990. 

II. POLICY STATEMENT 

Each of the parties to this Agreement is responsible for ensuring that its obligations 

under RCRA are met. Upon granting of final authorization by EPA, the State assumes primary 

responsibility for implementing the authorized provisions of the RCRA hazardous waste 

program within its boundaries. EPA retains its responsibility to ensure full and faithful execution 

of the requirements of RCRA, including direct implementation of HSWA in the event the State 

is not authorized to act. The State and the Regional Administrator agree to maintain a high 

level of cooperation and coordination between their respective staffs in a partnership to assure 

successful and effective administration of the State Program. 

• 

Section 3006(g) of RCRAprovides 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 of Information, 

which cannot be implemented by EPA in authorized States. While EPA retains responsibility 

for the direct implementation of those provisions of HSWA which the State is not authorized to 

implement, it is the intention of EPA and the State to coordinate the implementation of such 

provisions to the greatest degree possible. 

EPA will oversee implementation of the authorized State Program in order to ensure 

full execution of the requirements of RCRA, to promote national consistency in implementation 

of the hazardous waste program, to allow EPAto report to the President and Congress on the 

achievements of the hazardous waste program, and to encourage States and EPA to agree on 

desirable technical support and targets for joint efforts to prevent and mitigate environmental 

problems associated with the improper management of hazardous wastes. Oversight will be 

accomplished by EPAthrough written reporting requirements, permit overview, compliance and 

enforcement overview, and annual review of the State Program. 

III. STATE PROGRAM REVIEW 

A. General 

The Regional Administrator will assess the State administration and enforcement of the 

hazardous waste program on a continuing basis for equivalence and consistency with RCRA, 

this Agreement, and all applicable Federal requirements and policies, and for adequacy of 

enforcement. This assessment will be accomplished by EPA review of information .subrnltted 

• Memorandum of Agreement 

Page 5 - 2 

REVISED January 1992 
by the State in accordance with this Agreement and the State Grant Work Plan, permit 

• overview, compliance and enforcement overview, and annual reviewof State Program activities. 

The Regional Administrator may also consider, as part of this regular assessment, 

written comments about the State's program administration and enforcement that are received 

from regulated persons, the public, and Federal, State and local agencies. Copies of any such 

comments received by the Regional Administrator will be provided to the State. 

. To ensure effective program review, the State agrees to allow EPA access to all files 

and other information requested by the Regional Administrator or his or her designee and 

deemed necessary by EPA for reviewing State Program administration and enforcement. 

Review of IDHW files may be scheduled at quarterly intervals. Program review 

meetings betweenthe Stateand the Regional Administrator or their designees will be scheduled 

at least fifteen (15) days in advance unless agreed to differently. A tentative agenda for the 

meeting will be prepared by EPA. 

B. Identification of Priority Activities 

• 

The State and EPA agree to develop, on an annual basis as a part of the State Grant 

Work Plan, criteria for priority activities, including activities regarding handlers of hazardous 

waste. These criteria will be based on guidance issued by EPAin the annual Agency Operating 

Year Guidance/RCRA Implementation Plan and other guidance documents as may be 

appropriate, and will serve to identify those activities which should receive the highest priority 

during the grant period. 

Examples of activities which will be considered high priority will include, but not be 

limited to, facilities to be inspected, facilities to be permitted, and enforcement against facilities 

with known or suspected ground-water contamination. 

IV. INFORMATION SHARING 

A. General 

As the national hazardous waste program matures, the respective roles and 

responsibilities in this State/EPA partnership will become more clear. As the respective 

information needs of the State and EPA evolve, changes to this section of this Agreement may 

be appropriate. During the" annual review of this Agreement the State and the Regional 

Administrator will carefully examine the following information sharing provisions for needed 

revision. 

• Memorandum of Agreement 

Page 5 - 3 

REVISED January 1992 " 
•

B. 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 will also provide general technical guidance to the 

State. EPA will share with the State any national reports developed by EPA from the 

data submitted through State reporting requirements. 

2.	 . The State and EPA have agreed to a joint permitting process (see Section V.D of this 

Agreement). Under this process the State and EPA have established policies and 

procedures by which each will pursue their respective and/or joint responsibilities 

under HSWA. 

The State and EPA agree to the sharing of information as specified under Section V.D 

of this Agreement "Joint Permitting Process" and the annual State Grant Work Plan. 

Specifically included shall be the procedures for sharing and coordinating the exchange 

of information on the following: 

a.	 Part A and Part B permit applications, whether received prior to the effective date 

of this Agreement or subsequent to the effective date of this Agreement and 

whether first received by the State or EPA; 

• 

b. Such other information necessary to support the foregoing information; 

c.	 Copies of draft permits, proposed permit modifications, public notices; 

d.	 Copies of final permits and permit modifications; and 

e.	 Notices of permit denials. 

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.	 EPA agrees to provide the State with notification information from EPA Form 8700-12 

obtained prior to the effective date of this Agreement if such information has not 

already been provided to the State. The Director and EPA shall agree on the format 

in which the information will be provided and the information will be provided within 

thirty (30) days of the effective date of this Agreement. EPA will also forward, on a 

monthly basis, notification information (including newly assigned EPA identification 

numbers) submitted by persons in the Statewho file such forms after the effective date 

of this Agreement. This information will be submitted to the Director within ten (10) 

days of the end of each month for the preceding month. 

• 

5~ EPA agrees to assign EPA identification numbers to generators and transporters and 

to owners and operators of hazardous waste treatment, storage and disposal facilities 

submitting notifications after the effective date of this Agreement. Pursuant to §3010 

Memorandum of Agreement 

Page 5 - 4
 

REVISED January 1992
 
• and according to agreements between EPA and the State, the State is responsible for 

receiving, processing, and verifying information on notification forms (Form 8700-12) 

and permit applications or Part A permit applications and for forwarding such 

information to EPA for the assignment of EPA identification numbers. 

6.	 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. At the discretion of the Regional 

,Administrator, "made available" may mean temporary access in lieu of actual delivery 

to the State. 

C. State 

1.	 The State agrees to inform the Regional Administrator in advance of ,any proposed 

.program changes which would affect the State's ability to implement the authorized 

program. Program changes of concern include modification of the State's legal 

authorities (l.e., statutes, regulations and judicial or legislative actions affecting those 

authorities), modifications of Memoranda of Agreement 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 of 40 CFR 271.21, and that until approved by EPA, revisions are 

not authorized as RCRA Subtitle C requirements. 

• 2. Annually, through development of the State Grant Work Plan, EPA and the State will 

agree on the type and frequency of reports the State will make in order for EPA to 

maintain oversight of the implementation of the State's authorized program. Such 

reporting shall include, but not be limited to, the following: 

a.	 Compliance monitoring and enforcement information; 

b.	 Corrective action activity; 

c.	 Information indicating the status of the State's permitting, closure, post-closure, 

and ground-water monitoring and corrective action activities; 

d.	 Various reports designed to accurately describe the status of the State's 

authorized program inclUding biennial reports summarizing the quantities and 

types of hazardous waste generated, transported, treated, stored and disposed 

in the State; and The State may modify and will transmit to applicable handlers 

EPA Biennial Report forms to ensure that the format reflects current state 

statutory and/or regulatory authority. 

e.	 .State decisions to grant variances, waivers, and delisting requests made by 

hazardous waste handlers. 

•	 Memorandum of Agreement. 

Page 5 - 5
 

REVISED January 1992
 
The State agrees to provide EPA with a copy of any decisions regarding requests • 3. made by hazardous waste handlers to change their classifications (e.g., requests to 

be deleted as generators but to retain facility status) and facility requests to make onsite changes prior to permit issuance (e.g., requests to handle additional wastes not 

identified on the facility's original notification and RCRA Part A Permit Application.) 

4.	 The State agrees to provide EPA with copies of reports on data resultinq from any 

compliance inspection and subsequent enforcement actions, when EPA requests such 

copies. 

5.	 The State agrees to provide any pertinent information requested by the Regional 

Administrator or his or her designee within a mutually agreed upon time frame, as 

necessary for EPA to carry out its oversight responsibilities. 

'. 

6.	 The State agrees to provide EPA with a copy of each State decision regarding 

variances, waivers, and delisting petitions at the time such requests are granted. The 

State agrees to provide EPA with a copy of each proposed variance, waiver, or 

delisting submittal at the time it is received. If granting of a variance, waiver, or 

delisting would impair the State's equivalency; l.e., impose standards less stringent 

than RCRA, the EPA will confer with the State Program to resolve these issues. The 

state agrees not to issue a waiver, variance, or delisting which would render the State 

Program less stringent than that of EPA. 

D. Site Visits • EPA is responsible for maintaining reliable national data on hazardous waste 

management. This data is 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 first seek to gain 

this information from the States. The State of Idaho agrees to supply the Regional 

Administrator with this information if readily available and as resources allow. If the State is 

unable to provide the information or if it is necessary to supplement the State information, EPA 

may conduct a special surveyor perform information collection site visits after notifying the 

State. 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 State shall notify the Director of EPA's Idaho 

Operations Office «208)334-1450). The. EPA shall notify the Administrator of the Division of 

Environmental Quality «208)334-5840).. 

•	 Memorandum of Agreement 

Page 5 - 6
 

REVISED January 1992
 
• 

F. Confidentiality 

1.	 Any information obtained or used in the administration of the State Program shall be 

availableto EPA upon request without restriction. If the information has been declared 

by the State to be confidential business information (CSI), the State must submit that 

claim to EPAwhen providing the information. Any information obtained from the State 

and declared CSI will be treated in accordance with the regulations in 40 CFR Part 2. 

2.	 EPA agrees to furnish to the State information in its files which is not declared CSI and 

which the State needs to implement its program. All CSI information EPA transfers to 

the State will be transferred in accordance with the requirements of 40 CFR Part 2. 

EPA will notify affected facilities when such information is sent to the State. The State 

shall not disclose such CSI information except as provided by 40 CFR Part 2 and in 

accordance with Idaho Code §9-340(1). 

v. PERMIT ISSUANCE 

.A. EPA Permitting 

• 

Upon authorization of the State Program EPAwill'suspend issuance of Federal permits 

.for hazardous waste treatment, storage, andolsposal facilities for which the State is receiving 

authorization. 

Whenever EPA adds permitting standards for processes not currently covered by 

Federal regulations, EPA will process and enforce RCRA permits in the State in the new areas 

until the State receives final authorization for them. At the time the State Program is approved 

in the new areas, EPA will suspend issuance of Federal permits in the State. EPA will also 

transfer any pending permit applications, completed permits or pertinent file information to the 

State within thirty (30) days of the approval of the State Program in conformance with the 

conditions of this Agreement. 

The State and EPA have agreed to a joint permitting process for the joint processing 

and enforcement of permits for those provisions of HSWA for which the State does not have 

authorization. As the State receives authorization for additional provisions of HSWA, EPA will 

suspend issuance of Federal permits in the State for those provisions. 

B. EPA Overview of State Permits 

While EPA may comment on any permit application or draft permit, EPA's overview 

function will focus primarily on those facilities identified by the State and EPA in the State's 

Multi-Year PermitStrategy, annual State Grant Work Plan and the State's Program Description. 

EPA may comment in writing on any draft permit or proposed permit modification, 

whether or not EPA commented on the permit application, within forty-five (45) days of its 

• 

receipt. EPA should be notified by the state and be allowed at least as long to comment as 

Memorandum of Agreement 

Page 5 - 7 

REVISED January 1992 
•

the public at large; this time period should be tied to each state's public participation process. 

Where EPA indicates in a comment that issuance, modification, reissuance, termination or 

denial of the permit would be inconsistent with the approved State Program, EPA shall include 

in the comment: 

a.	 a statement of the reasons for the comment Oncluding the section of the State 

or federal law or regulations that supports the comment), and 

. b. .the actions that should be taken by the State in order to address the comment 

(lncludlnq the conditions which the permit would include if it were issued by EPA). 

The State Director and EPA Regional Administrator agree to meet or confer, within the 

permit review period, whenever necessary to resolve a disagreement between their staffs on 

the terms of any RCRApermit to be issued by the State. EPA shall send a copy of its written 

comments to the permit applicant. EPA shall withdraw such comments when satisfied that the 

State has met or refuted its concerns and shall also provide the permit applicant with a copy 

of such withdrawal. 

• 

Under §3008(a)(3) of RCRA, EPA may terminate a State-issued permit in accordance 

with the procedures of 40 CFR Part 124, Subpart E, or bring an enforcement action in 

accordance with the procedures of 40 CFR Part 22 in the case of a violation of a State Program 

requirement. In exercising these authorities, EPA will observe the conditions established in 40 

CFR 271.19(e). 

The State agrees to provide EPA with the following information in the timeline as specified for 

Envirosafe Services of Idaho -- Site A, Envirosafe Services of Idaho -- Site 8, Dart, Inc., 

Mountain Home Air Force Base, the Idaho National Engineering Laboratory Chemical Plant,the 

Safety-Kleen Old Boise site, and Pressure Treated Timber: 

Copies of facility permit Within fifteen (15) working days of receipt.
 

applications, revisions,
 

additions, and permit
 

modification requests.
 

Copies of final draft permits, Within ten (10) working days of completion and at
 

proposed permit modifi­ least prior to public notice.
 

cations, public notices,
 

fact sheets.
 

Copies of final permit or Within ten (10) working days of completion.
 

permit modifications.
 

Copies of permit appeals, Within fifteen (15) working days of receipt or
 

responses and resolution. completion.
 

•	 Memorandum of Agreement 

Page 5 - 8 

REVISED January 1992 
•
 Copies of closure plan Within ten (10) working days of completion and at
 

approvals, public notices, least prior to pubhc notice.
 

and permit determinations.
 

While 40 CFR 271.19 provides specific procedures for EPA review and comment on 

state issued permits which will be followed at a minimum, the State and EPA further agree to 

continue technical information sharing as fol1ows: 

1.	 The State wil1, as deemed necessary, request regulatory interpretations and/or draft 

product (permits, closure plans, and corrective action documents) reviews from EPA 

on non-major as wel1 as major facilities. Non-major facilities being other than those 

identified above. The interpretation/review requests will include a desired timeframe, 

not less than thirty (30) calendar days, within which the State would require EPA's 

response. 

2.	 EPA will, within the timeframe specified, provde the State; an appropriate written 

response or a written notification that additional time is required to complete the 

request. 

c. State Permitting 

• 

The State is responsible for expeditiously drafting, circulating for public review and 

comment, issuing, modifying, reissuing and terminating RCRA permits for those hazardous 

waste treatment, storage and disposal facilities contained in the authorized provisions of the 

State's program and shal1 do so in a manner consistent with RCRA, this Agreement, al1 

applicable Federal requirements, and the State's Program Description. In accordance with 

Idaho Code §39-4409(2), the granting of interim status or final permits prior to State 

authorization shal1 be adopted by IDHW as State interim status or final permits until IDHW 

issues a new State permit. The State agrees to issue, modify and reissue al1 permits contained 

in the authorized portions of the State's program in accordance with IDAPA §§16.01.5013 et 

seq., the State equivalent to 40 CFR Part 124, the Idaho Administrative Procedure Act, Idaho 

Department of Health and Welfare Rules and Regulations, Title 5, Chapter 3, "Rules of Practice 

.and Procedure" and to include as permit conditions all applicable provisions of IDAPA 

§§16.01.5013 et seq. This agreement also applies to permits issued after final authorization 

but for which the processing may have begun before final authorization. 

The State agrees to use EPA equivalent permitting procedures contained in IDAPA 

§§16.01.5012 and 5013 and in the performance of permit issuance, modification, denial, 

termination or reissuance. 

The State agrees that any compliance schedules contained in permits it issues will 

require compliance with applicable standards within a specified time period. The State may 

issue a variance to a permittee under Idaho Code §39-4409(5), and IDAPA §16.01.5356, if, in 

the judgement of the Director, application of permit regulations would cause unreasonable 

hardship, and the granting of a variance would not be harmful to the public interest or 

• 

inconsistent with RCRA requirements. 

Memorandum of Agreement 

Page 5 - 9
 

REVISED January 1992
 
e The State agrees to consider all comments EPA makes on permit applications arid 

draft permits. The State will satisfy or refute EPA's concerns on a particular permit applications, 

proposed permit modification, or draft permit in writing before issuing the permit or making the 

modification. 

D. Joint Permitting Process 

, Pursuant to §3006(g)(1), and in accordance with HSWA, EPA has the authority to issue 

or deny permits or those portions of permits to facilities in Idaho for the requirements and 

prohibitions in or stemming from HSWA until the State's program is amended to reflect those 

requirements and prohibitions and authorization is received for the portion or portions of the 

State Program. 

EPA and IDHW hereby establish this joint permitting process for the issuance of RCRA 

permits in Idaho. This joint permitting process is established in accordance with §3006(c)(3) 

of RCRA. The details of the joint permitting process shall be incorporated into the annual State 

Grant Work Plan. The duties and responsibilities of EPA and the State for joint permitting shall 

also be specified in the annual State Grant Work Plan. 

The details of the joint permitting process as contained in the State Grant Work Plan 

shall be reviewed and revised as often as necessary, but no less often than annually to assure 

its continued appropriateness. 

e Upon authorization of the State for any of the provisions of HSWA, the specifics of the 

Joint Permitting Agreement as set in the annual State Grant Work Plan shall be amended to 

reflect the authorization. Amendment of this Memorandum of Agreement or the execution of 

a separate Memorandum of Agreement may be required for authorization of any of the 

provisions of HSWA. 

VI. PERMIT ADMINISTRATION 

A. Ei'A 

EPA will administer the enforcement, modification, revocation, reissuance, and 

termination of portions of joint State/EPA permits for which the State is not yet authorized until 

such time that the State is granted authorization or specific rule authority is adopted via State 

requlatlons, • 

B. State 

The State agrees to review all hazardous waste permits which were issued under State 

law prior to the effective date of this Agreement and to modify or revoke and reissue such 

permits as necessary to require compliance with the amended State Program under Idaho 

Code §§39-4409 et seq., Idaho Administrative Procedures Act, Idaho Department of Health and 

e· Memorandum of Agreement 

Page 5 - 10
 

REVISED January.1992
 
•

Welfare Rules and Regulations, Title 5, Chapter 3, "Rules of Practice and Procedures" and 

IDAPA §§16.01.5008 et seq. The State agrees to modify or revoke and reissue these permits 

issued prior to State authorization. 

Pursuant to Idaho Code §39-4409(2), permit requirements contained in either an EPA 

issued or joint EPA/State issued permit shall be adopted and be fully enforceable as State 

permit requirements prior to and alter the date of State authorization, whether or not the permit 

has been reissued as a State-only permit. 

EPA HSWArequirements which govern interim status and permitted facilities that have 

not been incorporated into a permit and which have not been adopted by the State through 

statute or regulation shall continue to be enforced only by EPA until such time that the State 

adopts specific authority equivalent to HSWA provisions. 

Non-HSWA regulations which may affect permitted as well as interim status facilities 

shall only become effective and enforceable by the State after adoption through the State rulemaking process. EPA HSWA regulations which become effective after July 1, 1990 .shall 

continue to be enforced by EPA only until such time that the State adopts these regulations. 

By use of this Agreement, the State adopts EPA's Northwest Corrective Action 

Strategy. 

• VII. COMPLIANCE MONITORING AND ENFORCEMENT 

A. EPA 

Nothing in this Agreement shall restrict EPA's right to inspect any hazardous waste 

generator, transporter or treatment, storage, and disposal (fSD) facility or bring enforcement 

action against any person believed to be in violation of the State or Federal hazardous waste 

program or believed to have a release of hazardous waste or constituent. Before conducting 

an inspection of a generator, transporter or TSD facility, the Regional Administrator will give the 

State at least seven (7) days notice of the intent to inspect in accordance with 40 CFR 

271.8(b)(3)D). If the State performs a compliance inspection and submits to EPA a report and 

data relevant thereto within that time to. EPA, no EPA inspection will be made, unless the 

Regional Administrator deems the State report and data to be inadequate. In case of an 

imminent hazard to human health and 'the environment, the Regional Administrator may shorten 

or waive the notice period. 

TSD facilities inspectionswill be negotiated annually in accordance with the State Grant 

Work Plan and the Compliance Assurance Agreement. The frequency of EPA oversight and 

training inspections will be specified in the annual State Grant Work Plan. EPA will negotiate 

on an annual basis the number of inspections in which EPA will accompany the State. 

• 

The EPAmay take enforcement action against any person determined to be in violation 

of RCRA in accordance with §3008(a)(2) or upon request by the State. EPA will take 

Memorandum of Agreement 

Page 5 - 11
 

REVISED January 1992
 
•

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 

§3008(a) EPA will give notice to the State. EPA also retains its right to issue orders and bring 

actions under §§3008(h), 3013 and 7003 of RCRA and any other applicable Federal statute. 

After notice to the State, EPA may take action under §3008 of RCRA against a holder of a 

State-issued permit on the grounds that the permittee is not complying with a condition of that 

permit. In addition, EPA may take action under RCRA §3008 against a holder of a State-issued 

permit on the grounds that the permittee is not complying with a condition that the Regional 

Administrator, in commenting on that permit application or draft permit, stated was necessary 

to implement approved State Program requirements, whether or not that condition was included 

in the final permit. 

B. State 

The State agrees to carry out a timely and effective program for monitoring compliance 

by generators, transporters, and TSD facilities with applicable program requirements (see 40 

CFR271.15). As part of this program, the State will conduct inspections to assess compliance 

with generator and transporter standards (including manifest requirements), facility standards, 

permit requirements, compliance schedules, and all other program requirements. Compliance 

monitoring activitiesand priorities will be specified in the Compliance Assurance Agreement and 

the annual State Grant Work Plan and shall be consistent with all applicable Federal 

requirements and with the State's Program Description. 

• By use of this Agreement, the State adopts EPA's Enforcement Response Policy 

(issue~ December 1987) and a State-modified version of EPA's Civil Penalty Policy to identify 

enforcement priorities and set monetary or equivalent penalties to effectuate owner/operator 

compliance. 

The State will inspect on at least a biennial basis, every interim status or permitted nonfederal TSD facility to enforce compliance with the Idaho Hazardous Waste Management Act, 

State or jointly-issued permits, and all State regulations. TSD facility inspections will be 

negotiated annually in accordance with the State Grant Work Plan. and the Compliance 

Assurance Agreement. Inspections which reveal violations of EPA rules which the State has 

not yet adopted will be referred to EPA for further action, the exception being for State-issued 

warning letters which request compliance of the noted EPA regulations. More frequent 

inspeCtions may be performed at TSD facilities (Le., land disposal, corrective action) as 

negotiated in the annual State Grant Work Plan process. 

Individuals in the State Proqrarn may be designated as EPA representatives under 

§3007 of RCRA in order that they can inspect EPA permitted facilities for violations of the terms 

and conditions of the Federal permits. 

• 

The Stateagrees to take timely and appropriate enforcement action in accordance with 

specific timelines as projected in the Compliance Assurance Agreement or annual State Grant 

Work Plan against all persons in violation of generator and transporter standards Oncluding 

manifest requirements), facility standards, permit requirements, compliance schedules, and all 

Memorandum of Agreement 

Page 5 - 12 

REVISED January 1992 
•

other program requirements, including violations detected by State- or Federal compliance 

inspections. The Statewill maintain procedures for receiving and ensuring proper consideration 

of information about violations submitted by the publlc, The State agrees to retain all records 

for at least three years unless there is an enforcement action pending. In that case all records 

will be retained until such action is resolved. 

VIII.	 AVAILABILITY OF INFORMATION (§3006(f» 

A. General 

Section 3006(f) of RCRA provides that States may be authorized by the Administrator 

under this section if the State Program provides for the public availability of information 

obtained by the State regarding facilities and sites for treatment, storage, or disposal of 

hazardous waste; and that such information is available to the public in substantially the same 

manner, and to the same degree, as would be the case if the Administrator were carrying out 

the provisions of this subtitle in the State. 

B. Requests for Information 

• 

1. Consistent with the Federal Freedom of Information Act (FOIA), 5 U.S.C. 552(a)(2), the 

State agrees to make certain materials routinely available to the public without a formal 

FOIA request. Examples of these materials are final opinions or orders in case 

adjudication, State regulations, statements of Agency policy, and administrative staff 

manuals affecting the public. In addition, records prepared for routine public 

distribution will also be made available. Examples of such records are press releases, 

copies of speeches, pamphlets, and educational materials. 

2.	 The StateAgency agrees to make reasonable efforts to assist a requestor in identifying 

records being sought, and to help the requestor formulate his or her request. 

3.	 If a request for information is denied, the State agrees to provide the requestor the 

basis for the denial and notification of State judicial procedures, including statues of 

limitation. 

4.	 The State agrees to make the fullest possible disclosure of records to the public, 

subject to any of the exemptions under the Federal FOIA recognized by the State. 

5.	 A reduction or waiver of fees will be considered in connection with each request from 

a representative of the press or other communication medium, or from a public interest 

group. The State agrees to reduce or waive the fee if it determines that a reduction 

or waiver of the fee is in the public interest because furnishing the information can be 

considered as primarily benefitting the general public. 

•	 Memorandum of Agreement 

Page 5 - 13 

REVISED January 1992 
• 

C. Confidentiality of Business Information 

The State agrees to determine whether a record constitutes a trade secret pursuant 

to Idaho Code §9-340(2) within three (3) days, or, upon notice not longer than ten (10) days 

from receipt of a request for such record. Records which have not been claimed as trade 

secrets by a business at the first opportunity at or near the time of submission or collection 

have not been the subject of reasonable efforts to maintain secrecy and will be released upon 

request without further notice to the business. 

D. Oversight 

1.	 The State agrees to keep a log of denials of requests for information (or a file 

containing copies of denial letters sent to requestors) 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 

§3006(f). 

• STATE OF IDAHO us. ENVIRONMENTAL PROTECTION AGENCY 

DEPT. OF HEALTH & WELFARE REGION 10 

BY: ------------- REGIONAL ADMINISTRATOR 

DATE:	 _ 

•	 Memorandum of Agreement 

Page 5 - 14 

REVISED January 1992