# •

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 pursuantto 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 laws94-580,95-609,96-463,96-510,96-482,97-272,98-45, 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 Agreementjointly 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 orderto ensure consistency with State Program modifications made or for any other purpose mutually agreed 

# • upon. Any revisions or modificationsto this Agreement must be in writing and mustbe 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 This Agreement will remain in effect until such time as State Program authorization is withdrawn by or is voluntarily transferred to EPA according to the criteria and procedures established in 40 CFR 271.22 and 40 CFR 271.23.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 programwithin its boundaries. EPA retains its responsibilityto 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 partnershipto assure successful and effective administration of the State Program. 

# • Section 3006(g) of RCRAprovidesthat hazardouswaste requirements and prohibitions promulgated pursuantto 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 notauthorized 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 hazardouswaste program, to allow EPAto reportto the President and Congresson the achievements of the hazardouswaste 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 EPAthroughwritten reporting requirements, permit overview, complianceand enforcement overview, and annual review of the State Program.

III. STATE PROGRAM REVIEW 

### A. General The RegionalAdministratorwill assess the Stateadministration and enforcementof 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 1992by the State in accordance with this Agreement and the State Grant Work Plan, permit • overview, compliance and enforcementoverview, 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 enforcementthatare 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 effectiveprogram review, the State agrees to allow EPAaccess 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 designeeswill 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 againstfacilities 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. Specificallyincluded shall be the proceduresfor 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. EPAwill makeavailable 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 1992The 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 butto retain facility status) and facility requeststo 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 inspectionand subsequentenforcementactions, when EPA requestssuch 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 thetime 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 notto issue awaiver, variance, or delisting which would renderthe 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 usedto reportto the Presidentand Congress on the achievements of the hazardous waste program and to support EPA's regulatory development efforts. Whenever EPAdeterminesthatit needsto obtaincertain information, EPA willfirstseekto 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 necessaryto supplementthe 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 thatthe handling, storage, treatment, transportation, or disposal of hazardouswaste 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 Agreementof the existence of such situation. The State shall notifythe Directorof 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 providingthe information. Any information obtainedfrom 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 informationto 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 inconsistentwith 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 theconditionswhich the permitwould include if it were issued by EPA). The State Director and EPA RegionalAdministratoragree 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 commentsto the permit applicant. EPA shallwithdrawsuch commentswhen satisfied that the State has met or refuted its concerns and shall also providethe 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 accordancewith the procedures of 40 CFR Part 22 in the case of a violation of a State Program requirement. In exercising these authorities, EPA willobservethe 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 LaboratoryChemical 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 priorto 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, modifyand reissue al1 permitscontained 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 Departmentof Health and Welfare Rules and Regulations, Title 5, Chapter3, "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 1992The State agrees to consider all comments EPA makes on permit applications arid 

# e draft permits. The State will satisfy or refute EPA'sconcernson a particular permitapplications, proposed permit modification, or draft permit in writing before issuing the permitor making the modification.
D. Joint Permitting Process , Pursuant to §3006(g)(1), and in accordance with HSWA, EPA has the authorityto 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 issuanceof 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 GrantWork Plan shall be reviewed and revised as often as necessary, but no less often than annuallyto assure its continued appropriateness. 

# e Upon authorization of the State for any of the provisions of HSWA, the specifics of the Joint PermittingAgreement 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'AEPA will administer the enforcement, modification, revocation, reissuance, and termination of portions of joint State/EPA permits for which the State is notyet 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 underState 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 Departmentof 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 priorto 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 notthe 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 adoptionthroughthe 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. EPANothing 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 personbelieved 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, transporteror TSD facility, the RegionalAdministratorwill 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 RegionalAdministrator mayshorten or waive the notice period. TSD facilitiesinspectionswill be negotiated annually in accordancewith 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 enforcementaction against any person determinedto be inviolation 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 aholderof a State-issued permit on the grounds that the permittee is notcomplying with a condition thatthe Regional Administrator, in commenting on that permit application or draft permit, 

### stated was necessary to implement approved State Program requirements, whether or not thatconditionwas included in the final permit.


### B. State The State agrees to carry outa timely and effective program for monitoringcompliance 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 andtransporter 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 Agreementand 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 ManagementAct, 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 inorderthat they can inspect EPA permitted facilities for violations of the terms and conditions of the Federal permits. 

# • The Stateagrees to take timely and appropriateenforcement action inaccordancewith specific timelines as projected in the ComplianceAssurance Agreement or annual State Grant Work Plan against all persons in violation of generator and transporter standards Oncluding manifest requirements), facilitystandards, 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 proceduresfor receiving and ensuring properconsideration 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 RCRAprovidesthat 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 withouta 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 arequestor 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 ofState 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 requestfrom a representative of the press or other communication medium, or from apublicinterest 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. ENVIRONMENTALPROTECTION AGENCY DEPT. OF HEALTH & WELFARE REGION 

### 10

BY:



# ------------- REGIONALADMINISTRATOR

DATE:

_



# • Memorandum of Agreement Page 5 - 14 REVISED January 

### 1992