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KEHORAHDmt OF AGREEMENT

B!TWEElf

THE STATE OF WASRIlfGTOJl

THE UNITED STATES INVIROMKElfTAL PROTBCTIOlf AGENCY

REGION X FOR IIiTIlUK AUTJIORIZATIOlf

PRASE I AND PRASE "II, -COMPOMUTS A AlfD B

I. General

This KeIIOrandUil of Agreement (hereafter "Agreement") establishes

policies, responsibilities, and_procedures pursuant to 40 CFR 123.126

for operation of the State of W••hinaton'. Hazardous Waste Kanagement

Progr.. (ureafter "State Proeraa") authorized under Section"3006(C)

of the Resource Conservation and Recovery Act (hereafter "RCRA" or

"the Act") of 1976 (Pu. L. 94-580, USC 6901·, et seq.) and the United

State. Envi.oaaental Protection Agency (hereafter EPA) Regional

Office for Region X. This Agreement further set. forth the IIl8nner

in which the state will coordinate with EPA in administering the . State Program.

This agreement is entered into by the Director of the Washington

State Department of Ecology (hereafter "Director" or "the State"),

the lead agency for the state program (as designated by the state

pursuant to 40 CFR 123.124(b» and the Regional Administrator, EPA,

Region X (hereafter "Regional Adainistrator" or "EPA").

Nothing in this Agreement restricts EPA's authority to fulfill its

oversight and enforcement responsibilities under RCRA. Nothing in

this agreement shall be construed to contravene 40 CFR Part 271.

The parties will review this Agreement jointly at least once a year

during preparation of the annual State Grant Work Program (hereafter

"State Work Program"), in connection with grant funding under

Section 3011 of RCRA.

This Agreement may be modified upon the initiative of either party

in order to ensure consistency with state program modification or

for any other purpose mutually agreed upon. Any revisions or modifications must be in writing and must be signed by both the Director

and the Regional Administrator.

This Agreement will remain in effect until the State withdraws from

authorization or until such time as state program authorization is

withdrawn by EPA, according to the prOVisions of 40 CFR 123.136, or

reverts to EPA according to the provisions of 40 CFR 123.137.

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Final authorization will require the execution of a new Ke80randua

of Aareellent.

Until the State'a prosraa ia amended to reflect the Federal require-

.enta in or ste.minS fra. the Hazardous and Solid Waste Amend.enta

of 1984 (BSWA) and such prosram amendments receive interim or final

authorization, the A~iniatrator shall have the authority in the

state to carry out the proviaiona required by BSWA." The sta~e and

the adainiatrator ahall jointly have the authority to issue or deny

federal RCRA pemita with the aet.iniltrator havinl- authority over

thoae portionS of pemita affected by.the new requirements.

Unless otherwise atipulated, thia Asreellent, and -any subaequent

.odificationa ..de, vill take effect t.IIediately upon beins sisned

by the Director and the iesional Administrator. .

II. RESPOliSIBILITIES OF PARTIES

A. Policy State.ent

Each of the parties to_ this Asreeeent is responsible for

ensurins that ita oblisations under RCRA are .et. The Director

and the Resional AdaiDistrator asree to ..intain a hiah level

of cooperation and coordination between state and EPA staffs in

a partnership to a.sure successful and effective adainistration

of the state authorized prosram.

The state has primary authority and responsibility for all

aspects of the authorized hazardous waste prosram within its

boundaries. Under interim authorization, Washinston will have

responsibility for coordination of the prosram with other

authorized atates and with EPA in states without authorization.

The state expects to have minimum resources for implementins

this prosram and will prioritize activities throush the annual

state work plan and accomplish them in order of priority.

EPA will keep the Director informed of the content and interpretation~ of federal statutes, by prOViding regulations,

guidelines, standards, policy decisions, directives, and any

other factors that affect the atate program. EPA also will

provide training and seneral technical assistance to the state.

B. Information Sharing

1. EPA General Program Information Transfer

EPA agrees to provide copies of all Notification Forms

(8700-12), including issued EPA identification numbers

from hazardous waste generators, transporters, and treatment, storage, and disposal facilities located in the

state to the Director within thirty (30) days of this

Agreement.

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EPA will also provide, within thirty (30) day. of receipt,

copies of the Notification Forms (8700-12), including EPA

identification numbers, submitted by persons located in

the state after the date of this agree-ent.

EPA agrees to transfer to the Director or his designee

copies of all Part A and Part B hazardous wa.te aanageDent

facility permit applications originally subaitted to EPA

under 40 CFR 12i.22 by fac-ilitie. located in the state

before the date of thi~ Agreement.

EPA will also prOVide, within thirty (30) days of receipt,

copies of Part A and Part B permit applications subaitted

directly to EPA after the effective date of this Agreement.

EPA agrees to coordinate with the Director and share

permit information as necessary for joint permitting

activities. ,-

EPA will keep the departaent informed_of all proposed or

adopted federal regulations as promulgated in the Federal

Register adopted pursuant to RCRA or required of another

federal agency to implement the full scope of the state

approved hazardous waste management program.

EPA will -anist the department in obtaining publications

of any environmental impact or assessment statement, technical support document, guidance document, or any other

publication developed by EPA, EPA contractor, or other

federal agency related to the development of a state

approved hazardous waste management program.

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 inspection.

EPA agrees to provide the state, upon request, any data or

information necessary for the development and maintenance

of the state's automated data processing files and compliance monitoring and. permit tracking system.

EPA agrees to make available to the state copies of material

received in response to notices sent to facilities. These

notices requested information on solid waste units and

prior releases which will require corrective action.

EPA agrees to share enforcement sensitive information}

with the state except for criminal referrals and court

1 Enforcement sensitive information is defined as all information,

written or otherwise, that mayor does concern potential or pending

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specified materials. Enforcement sensitive information

will be withheld from public inspection and copying

consistent with the provisions of the Public Disclosure

Act of tlie State of Washington (ca. 42. 17 RCW). The

ltate agrees to take appropriate precautions to ensure

IUch info~tion is not further ~istributed.

2. State General Prosraa Info~tion Transfer

The state agrees tQ info~ the Regional Administrator or

any prograa changes· which would affect_the state's ability

to iJlplement the authorized progr8ll. Program changes o~ -

concern ·include modification of state legal authorities

. (statutes, regulations, judicial decisions), modifications

of interagency agreements or aodifications of resource

levels.

The state agrees to require new generators, transporters,

and hazardous waste -aaBasement facilitiel to obtain identification numbers consistent with the Dun and Bradstreet

Data Universal Huabering (DUI) systea for businesses and

General Service Administration Real Property Number, or

equivalent, for governmental agencies. EPA and the state

will participate in a joint effort to assign DUN identification numbers to all new generators, transporters, and

TSD facilities who notify the state. The state will receive

and review all new· notifications· of dangerous waste acti-

_vities and send to EPA for an identification number assignment. The state will then inform the requestor of the new

identification number. Both EPA and the state will work

as rapidly as possible to provide identification numbers

to new notifiers. The state will also submit to EPA any

updates or changes in previously submitted notification

submitted notification and Part A permit application information. This information will be provided to the Regional

Administrator within twenty working days of receipt.

The stat€ agrees to coordinate with the Regional Administrator

and share permit information as necessary for joint

permitting and EPA oversight activities.

The state agrees to submit copies of all Administrative

Orders to EPA.

enforcement action. When a formal enforcement action is issued,

correspondence with a Respondent, or any document publicly filed

(with any court or EPA Regional Hearing Clerk), is no longer

enforcement sensitive. Other materials including int.eragency and

intraagency documents or correspondence remain enforcement sensitive

because of the potential need for follow-up enforcement action or

court involvement..

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The state agrees to submit to EPA copies of inspection

reports for all EPA oversight inspections. If such reports

do not constitute -a sufficient number, EPA and the state

will negotiate an additional number of inspection reports

to be submitted to EPA by the state.

3. Emergency Situations and Information Transfer

Upon receipt of any.information that the handling, storage,

treatment, transportation, or disposal of hazardous waste

is endangering human health or the enviro~nt, the party

in receipt of such information shall immediately notify by

telephone the other party(ies) to this agreement of theexistence of such situation. A list of appropriate contacts

will be maintained and updated as a part of the annual

program plan.

4. Confidentiality

EPA Agrees to furnish to the state information in _its

files which ia not submitted under a claim of confidentiality and which the state needs to implement its program.

Subject to the conditions of 40 CFR Part 2, EPA will furnish

the state information submitted to EPA under a claim of

confidentiality which the state needs to implement its

program..All confidential information EPA agrees to transfer

to the state will be transferred in accordance with the

requirements of 40 CFR Part 2.

Any information obtained or used in the administration of

the state program shall be available to EPA without restriction. If information has been submitted to the state

under a claim of confidentiality, the state must submit

that claim to EPA when providing information/. EPA will

treat all information submitted to it with a claim of

confidentiality in accordance with the procedures of 40

CFR Part 2.

C. Frequency and Content of Reports

The state agrees to submit to Region X, EPA the following documents,

reports, and other information.

1. Monthly (on the 20th of the month for the month previous)

Compliance monitoring and enforcement report

Permit status report

Facility status sheets, as necessary

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2. Annual

Annual program reports containing information on the

nUliber of generators and llajor facilities in tbe

state, the quantities of wastes handled, and the

nUliber of anticipated inspections for the next year.

3. Bienaial

Bienaial report s~r1z1ng the quantitiea and types

of hazardous wa.te genera~ted, transported, treated,

stored, and disposed in the state as specified in the

RCRA gUidan~e,· by October 1 of each even-numbered

year.

4. Other

Additional report. aa negotiated in the state Work

Progr....

D. Conditions for State Proar.. Review

The Regional Administrator will as.ess ~he Director's administration and enforcement of the state program on a continuing

ba.i. for consistency with RCRA, with this Agreement, and with

all applicable federal requirements and policies. This program

evaluation will generally be accomplhhed by an ~PA review of

the information submitted by the Director in ·accordance with·

this Agreement and the State Work Plan, permit overview, compliance and enforcement overview, and 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 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 Director.

The following approach to state program review will generally

be followed by EPA and the state. All significant concerns

raised during EPA review of the information submitted by the

state in accordance with this agreement and the work plan will

be .submitted in writing to the State Hazardous Waste Program

Assistant Director. All EPA concerns raised as a result of

permit overview, compliance and enforcement overview, and review

of State Program activities will be submitted by EPA to the

State Hazardous Waste Program Assistant Director.

The review of State Program activities shall be conducted as a

joint review by EPA and the State Hazardous Waste Program. The

review, including any associated audit of the state regional

office operations, shall be scheduled with written notice at

least 30 days prior to the review/audit. Reviews shall be no

more frequent than quarterly and shall become less frequent as

the state program matures and good performance is consistently

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demonstrated. The scheduling shall include a jointly agreed to

State/EPA format and content of the review which reflects goals

and commitments outlined in the National Program Criteria and

the annual State Program plan commensurate with resources available to the state for meeting performance criteria.

EPA will provide written notice to the state at least

prior to conducting any other review of state filea.

emergency situations, the IS-day notice may be_waived,

. prior notice is still required.

15 days

Under

however

To ensure effective program review; the Director agrees to

allow EPA access to all files and other information requested

by the Regional Administrator and deemed necessary for

evaluating state program administration and enforcement.

Program review meetings between the Director and the Regional

Administrator or their assignees will be scheduled at reasonable intervals not less than ~nnually to review specific operating

procedures and schedules, to resolve problems, and ;0 discuss

mutual program concerns. These meetings must be scheduled at

least thirty (30) days in advance of the meeting, with a final

agenda prepared by EPA and submitted to the Director for comments,

at least one week before the meeting date, unless otherwise

agreed upon.

E. Permit Issuance

1. EPA

Under Interim Authorization, EPA has suspended issuance of

federal permits for activities subject to Components A and

B of Phase.!! (unless legally unable to do so). EPA and

the state will issue joint permits for activities subject

to Components A and B if there are RCRA 1984 Amendment

requirements involved for which the state has not been

authorized.

For facilities which received a federal RCRA permit prior

to the date of authorization, EPA will seek permittees'

agreement to terminate the federal permit where a state

issued permit was developed jointly with EPA and contains

at a minimum, identical conditions as the federal permit.

In these instances, the jointly issued/ identical state

permit will be considered a RCRA permit.

EPA may comment in writing on draft permits or proposed

permit modifications for facilities (whether or not EPA

commented on the permit application) during the public

comment period which will consist of 45 days from when the

announcement is given by public notice. Where EPA indicates that issuance, modification or reissuance of a permit

would be inconsistent with the approved program, EPA will

follow 40 CFR 123.134 in prOViding comments: These coaments

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will be in writing to the department and will in~lude a

statement of the reasons for the comment, including the

section of the federal or state laws or regulations that

are in effect. EPA will identify the actions the state

should take to satisfy these concerns and will discuss

with the departllent prior to sending a copy of the c~nt

to the pe~it applicant. EPA shall withdraw such com-ent

when satisfied the state has .et or refuted the concern.

Upon a request by the state, EPA will prOVide technical

assistance for pe~it issuance. This assistance could be

in the fo~ of using the "pemit assistance teu."

2. State

Under lntert. Authorization, the state· will continue the

perait iSSUAnce activity initiated jointly with EPA prior

to authorization for facilities subject to Phase II C~­

ponents A and B UDleu the state and EPA agree- to te~in.ate

the process on a case.-by.-case basis. However, EPA and the

state will issue joint pe~ts for activit~es subject to

COliponenta A and B if there are RCRA reauthorization

requirements involved for which the state has not been

authorized~ Annual commitments for the timely call-in and

issuance of permits for all facilities subject to Phase II

C~onents A and B will be reflected in annual state.work

plans.

The stat·e is responsible for drafting, circulating for

public review and comment, issuing, modifying, reissuing,

and terminating RCRA permits covered by Phase I and Phase II

Components A and B in a manner consistent with RCRA, the

Memorandum of Agreement, and all applicable federal requirements. In cases involving RCRA reauthorization, the above

activities will be done jointly by EPA and the state.

The state agrees to consider all timely comments EPA makes

on permit applications and draft permits before or during

the 45-day public comment period. The state will consider

EPA's concerns on a particular permit application, proposed

permit application, draft permit, or closure plans and,

if appropriate, will response in writing before issuing

the permit or making the modification.

The state agrees to issue, modify or reissue permits in

accordance with all applicable state permitting regulations.

The state agrees that any compliance schedules contained

in permits will require compliance with the Dangerous

Waste Regulations.

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F. Provisions for Enforcement and Compliance Monitoring

Upon final authorization, the atate has primary responsibility

for cc.pliance and enforceaent actions within the approved

atate program and under atate statutory and regulatory authority.

EPA retains responsibility for ensuring fair and effective

enforcement of federal requirements and a credible national

deterrence to noncompliance through an effective state/federal

partnership and an oversight role. The state an~ EPA agree

that the following elements ar-e- IDandatory for an effective

enforcement and compliance .onitoring program under interi. authorization; 1) clear -oversight criteria specified in -advance -

for program performance evaluation, 2) clear criteria for direct

federal enforcement specified in advance with written procedures

for advance consultation and notification, and 3) adequate

state reporting to ensure effective oversight.

1. State

The state-agrees to carry out a timely and effective program

for monitoring the cc.pliance of-generators, transporters,

and facilities with applica~le program reqUirements. As

part of this program, the state will conduct compliance

inspections to assess compliance with generator and transporter standards (including manifest requirements), facility

standards, permit requi-rements (including late- or deficient_

Part B applications) comPliance schedules, and all other

program requirements, including violations detected by

state or federal compliance inspections. A compliance and

enforcement tracking system is operated by the state to

ensure timely and appropriate enforcement actions, ensure

adequate compliance follow-up, monitor compliance rates,

assess categories and violations and report necessary,

accurate, and timely compliance and enforcement information

to EPA for the purposes of oversight and program performance

evaluation. Compliance monitoring and enforcement activities, priorities and reporting requirements will be

specified in the annual state work program and shall be

consistent with applicable federal requirements and with

the state's program description.

Timely and appropriate state enforcement response will be

based on a department approved enforcement policy for

dangerous waste program violation. This policy will be

consistent with state requirements for ensuring that all

major threats to the environment and public health are

treated effectively.

In civil enforcement proceedings, the department agrees

not to oppose intervention allowed under Civil Rule for

Superior Court 24, on the grounds that the applicant's

interest is adequately represented by the state.

The state agrees to retain all records for at least three

years unless there is an enforcement action pending. In

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tbat case all records will be retained for at least tbree

years after sucb action is resolved.

2. -EPA

EPA's primary role in enforcement and compliance monitoring

under interia authorization sball be that of oversigbt as

described in Section II.A. and in accordance witb oversiabt

criteria and .easures and oversight procedures and protocols

at set forth in tbis agreement. Deviations to-tbese procedures will only occur in unusual circumstances wbere

warranted. EPA bas tbe dgnt to inspect any bazardous

waste aenerator, transporter or TSD facility or to bring

any enforcement action in accordance with Section 3308(a)(2)

of RCRA. This document does not affect or inbibit-EPA's

independent autbority to issue orders and bring actions

UDder Sections 3008, 3013, . and 7003 of RCRA or any otber

applicable federal statute.

- "\ For the purposes of oversight of cOlipliance ~inspections

and enforcement EPA sbal~ _intain a policy of "no surprises"

to ensure the productive use of limited state and federal

resources and an effective "partnersbip" in acbieving -

compliance. This principle sbould be applied to all aspects

of the compliance and enforcement program; covering inspections, enforcement activities, press releases, and-public

itt"fonaatiott-, .and .anagement data sWllllUlriesupon- wbicb

state and national performance is assessed. -

In order to guarantee tbat tbere is ample advance

notification, EPA agrees to confer with the state to

establisb agreement in writing and reacb a cle_ar, consistent understanding on the following matters:

Advance notification of intended inspections and

enforcement actions;

Specific identification of who will be notified;

How tbe notification will be done;

When the notification will occur;

Define the process of state/federal consultation and

dispute resolution on enforcement actions and policy

and regulatory interpretation.

The written agreement to be establisbed on the above

matters is incorpora~ed by reference in this memorandum of

agreement.

EPA also agrees to inform the state in writing of any

national or regional policy changes or program direction

changes and will generally allow the state 90 days to

implement those cbanges.

At a minimum, the following will be adhered to by EPA, EPA

shall attend approximately 10 percent of the state's compliance inspections to evaluate the state's techniques,

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.~.

follow-up activities, and enforcement actions. The state

will submit to EPA by the end of the first month of the

first quarter and 30 days prior to the beginning of each

subsequent quarter a list of facilities to be inspected

for the upcoaing quarter. By the end of the sixth week of

the first quarter and the first week of each subsequent

quarter, EPA will submit to the state a list of the facilities to receive an oversight inspection (approximately

101.). Specific inspection. dates will be scheduled later

-with the appropriate inspector a~ least 10 working days"

before inspection is to occur. If EPA bas a concern-about

a particular facility "or compliance situation, EPA shall

request that the department perform an inspection normally

within 15 wor"king days. This notice ..ay be oral but

shall be followed by a written request no later than five

working days after the oral notice. If the state perforas

a c<8Pliance inspection and submits a report and data

relevant thereto within that tt.e.to EPA, no EPA inspections will be made, unless .the Regional Administrator

deems the state report and and data to be inadequate. The

Regional Administrator may shorten or waive notice periods

in emergency situations, but in all cases will inform the

state before going on-site.

The Regional Administrator lIUly take enforcement action

against any person .determined to. be in violation of the

authorized program in accordance with Section 3008(a)(2).

After written prior notice to the state, EPA may take

action under Section 3008 of RCRA against a holder of a

state issued permit on the ground that the permittee is

not complying with a condition of that permit.

This Agreement will be modified to reflect approved state

and national enforcement policies.

In addition, EPA may take action under Section 3008 of

RCRA against a holder of a state issued permit. This

action will be based on any unresolved formal comments

that were made by EPA during the public review and issuance

of that permit. EPA shall give advance written notice of

such action to the state.

3. 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 first

seek to gain this information from the state. The state

agrees to reply in a reasonable time to the Regional

Administrator with this information if readily available

and as resources allow. If the state is unable to provide

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the information or if it is necessary to supplement the

state information, EPA may conduct a special surveyor

perfont information collection site visits after .prior

notification to the state. EPA will share with the state

in a ti.llely fashion any national or relional reports

developed by EPA as a result of such information collection.

4. Enforcement Alree.ent

The RCRA Enforcement Alreement will be included as Attachment

A to this Alree.ent. The intent of the Enforcement Alre~nt

is to prOVide a baai. for implementing an effective statel

federal enforce-ent relationship. The Enforcement Alreement

identifies oversipt criteria, standards for asaeuinl·

compliance and enforcement performance standards, protocols

for notification, consultation, overfilinl on RCRA enforcement matters, and state reportinl. This Enforcement Alreement

al.o delineates the relation.hip of the state enforcement

policy to the cQIIPliuce .tratelY and~ the Enforce-ent

Aaree-ent it.elf. The objective of the Enforcement AlreeDent

is to Ilaintain a stable, predictable, and coordinated

enforcement presence.

G. Provisions for Modification of the KOA

This Alreement may be modified upon the initiative of either

party to ensure consistency with state prolram modifications or·

for any other purpose mutually alreed upon. Any revisions or

modifications must be in writinl and must be silned by both the

Director and the Relional Administrator.

For the State:

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STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

For the Federal Government:

AGENCY, REGION X

Title:

Date:

13

Title:

Date: JUL 1