**~-;**

## ------.-

### ....'- •
...-.:l.•.



### KEHORAHDmtOFAGREEMENT
B!TWEElf 

### THE STATEOFWASRIlfGTOJl

THEUNITED STATES INVIROMKElfTALPROTBCTIOlfAGENCY REGIONXFOR IIiTIlUKAUTJIORIZATIOlf PRASE I ANDPRASE"II,

-COMPOMUTS AAlfD

### B

I. General This KeIIOrandUil of Agreement (hereafter "Agreement") establishes policies, responsibilities, and_procedures pursuantto 40CFR 123.126 for operationofthe 

### State ofW ••hinaton'. Hazardous Waste Kanagement Progr

.. (ureafter "StateProeraa") authorizedunder Section"3006(C) of the Resource Conservation and RecoveryAct (hereafter "RCRA" or "the

### Act") of 1976 (Pu. 

### L. 94-580, USC 6901·, et seq.) and theUnited State. Envi.oaaental Protection Agency (hereafter EPA) Regional Office for Region X. This Agreementfurther set. forth theIIl8nner in which the state will coordinate withEPA in administering the

.StateProgram.

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 designatedby the state pursuant to 40 CFR 123.124(b» and the Regional Administrator, EPA, RegionX(hereafter "RegionalAdainistrator" or "EPA"). Nothing in this Agreement restricts EPA's authority to fulfill its oversight and enforcement responsibilities under RCRA. Nothing in this agreement shallbe construedto contravene 40CFRPart 271. Theparties will review this Agreementjointly at least once ayear during preparation ofthe annual State GrantWorkProgram (hereafter "State Work Program"), in connection with grant funding under Section 3011 ofRCRA. This Agreement may be modified upon the initiative ofeitherparty in order to ensure consistency with state program modificationor for any otherpurpose mutually agreedupon. Any revisions ormodifications must be in writing and must be signedbyboththe Director and theRegional 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will remain in effect until the State withdraws from authorization or until such time as state program authorization is withdrawn by EPA, according to the prOVisions of40CFR 123.136, or reverts to EPA according to theprovisions of40CFR 123.137.

2



### -**~-~-;_.** 

### -....--..-_..

### _. ---.-.--..'.--

.Final authorization will require the execution of a newKe80randua ofAareellent. Until the State'a prosraa ia amended to reflect the Federal require- .enta in or ste.minS fra. the Hazardous and SolidWaste Amend.enta of 1984 (BSWA) and suchprosram amendments receive interimor final authorization, the**A~iniatrator** shall have the authority in the state to carry out the proviaiona requiredby BSWA." The**sta~e** and the adainiatrator ahall jointlyhave the authority to issue or deny federal RCRA pemita with the aet.iniltrator havinl-authority over thoae portionS ofpemita affectedby.the newrequirements. Unless otherwise atipulated, thia Asreellent, and -any subaequent .odificationa

..de, vill take effect t.IIediately upon beins sisned by theDirector and the iesional Administrator.

. II. RESPOliSIBILITIESOF PARTIES A. PolicyState.ent Each of the parties to_this Asreeeent is responsible for ensurins that ita oblisations underRCRA are .et. The Director and the Resional AdaiDistrator asree to

..intain a hiah level ofcooperation and coordinationbetween state andEPA staffs in a partnership to a.sure successful and effective adainistration ofthe state authorizedprosram. The state has primary authority and responsibility for all aspects of the authorized hazardous waste prosram within its boundaries. Under interim authorization, Washinstonwill have responsibility for coordination of the prosram with other authorized atates and withEPA 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 ofpriority. EPA will keep the Director informed of the content and inter**pretation~** 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 InformationTransfer 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.

3EPAwill also provide, within thirty (30) day. of receipt, copies of the NotificationForms (8700-12), including EPA identification numbers, submitted by persons located in the state after the date ofthis agree-ent. EPA agrees to transfer to the Director or his designee copies of all Part Aand PartBhazardous 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 ofPart Aand Part Bpermit applications subaitted directly to EPA after the effective date ofthis 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 managementprogram. EPA will-anist the department in obtaining publications ofany 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 ofmaterial 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, thatmayor does concernpotential or pending

4specified 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·whichwould 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 newgenerators, 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 jointeffort to assignDUN identification numbers to all new generators, transporters, and TSD facilities who notify the state. The state will receive and review all new·notifications· ofdangerous waste acti- _vities and send to EPA for an identification number assignment. The state will then inform the requestor ofthe new identification number. Both EPA and the state will work as rapidly as possible to provide identificationnumbers to new notifiers. The state will also submit to EPA any updates or changes in previously submitted notification submitted notification and PartApermit application information. This informationwill be provided to the Regional Administratorwithin twentyworking 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..

5.-:"'.

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 ofinspection reports to be submitted to EPAby the state. 3. Emergency Situations and InformationTransfer Uponreceipt ofany.information that the handling, storage, treatment, transportation, or disposal ofhazardous waste is endangering human health or the**enviro~nt,** the party in receipt of such information shall immediately notifyby telephone the other party(ies) to this agreement of theexistence of such situation. Alist of appropriate contacts will be maintained and updated as a part of the annual programplan. 4. Confidentiality EPA Agrees to furnish to the state information in

_ its files which ia not submitted under a claim ofconfidentiality and which the state needs to implement its program. Subject to the conditions of40 CFRPart 2, EPAwill furnish the state information submitted to EPA under a claimof confidentiality which the state needs to implement its program
..All confidential informationEPA agrees to transfer to the state will be transferred in accordance with the requirements of40 CFR Part 2. Any information obtained or used in the administration of the state program shall be available to EPAwithout 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 CFRPart 2. C. Frequency and Content ofReports The state agrees to submit to RegionX, EPA the following documents, reports, and other information. 1. Monthly (on the 20th ofthe month for the month previous) Compliance monitoring and enforcement report Permit status report Facility status sheets, as necessary

62. 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 ofanticipated inspections for the nextyear. 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 withRCRA, 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 WorkPlan, 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 reviewwill 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 workplan 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 ProgramAssistant 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

7demonstrated. The scheduling shall include ajointly agreed to State/EPA format and content ofthe 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 maybe_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

## ;0discuss mutual program concerns. These meetings mustbe scheduled at least thirty (30) days in advance ofthe meeting, with a final agenda preparedby 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 InterimAuthorization, EPAhas suspended issuance of federal permits for activities subject to Components Aand B of Phase.!! (unless legally unable to do so). EPA and the state will issue jointpermits for activities subject to Components Aand B if there are RCRA 1984 Amendment requirements involved for which the state has not been authorized.
For facilities which received a federal RCRApermit 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 RCRApermit.
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 commentperiod which will consist of 45 days from whenthe announcement is given by public notice. WhereEPA 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

8·

### ------

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 departllentprior to sending a copy ofthe**c~nt** to the**pe~it** applicant. EPA shall withdraw such com-ent when satisfied the state has .etor refuted the concern. Upon a request by the state, EPA will prOVide technical assistance for**pe~it** issuance. This assistance couldbe in the**fo~** ofusing the "pemit assistance teu."
2. State Under lntert. Authorization, the state·will continue the perait iSSUAnce activity initiatedjointlywithEPAprior to authorization for facilities subject to Phase II**C~­** ponents Aand BUDleu the state and EPAagree-to**te~in.ate** theprocess on a case.-by.-casebasis. However, EPAand 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 ofpermits for all facilities subject to Phase II**C~onents** A and 

### Bwill be reflected in annual state.work plans. The stat·e is responsible for drafting, circulating for public review and comment, issuing, modifying, reissuing, and terminatingRCRApermits coveredby Phase I and Phase II Components A and B in a manner consistentwithRCRA, the Memorandum ofAgreement, and all applicable federal requirements. In cases involving RCRA reauthorization, the above activities will be done jointlybyEPA and the state. The state agrees to consider all timely comments EPAmakes on permit applications and draftpermits before or during the 45-daypublic commentperiod. The state will consider EPA's concerns on a particularpermit application, proposed permit application, draft permit, or closure plans and, if appropriate, will response in writing before issuing the permit ormaking 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.

9....

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 .onitoringprogramunder interi. authorization; 1) clear

-oversight criteria specified in-advance

- for programperformance evaluation, 2) clear criteria for direct federal enforcement specified in advance withwrittenprocedures 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 (includingmanifest requirements), facility standards, permitrequi-rements (including late-or deficient_ Part B applications) comPliance schedules, and all other program requirements, including violations detected by state or federal compliance inspections. Acompliance 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 ofoversight 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 representedby the state. The state agrees to retain all records for at least three years unless there is an enforcement actionpending. In
10tbat 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 ofoversigbt as described in Section II.A. and in accordance witb oversiabt criteria and .easures and oversightprocedures and protocols atset 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 UDderSections 3008, 3013,

.and 7003 ofRCRA or any otber applicable federal statute.

-"\For the purposes of oversight of cOlipliance**~inspections** and enforcementEPA**sbal~** _intain a policy of "no surprises" to ensure the productive use oflimited state and federal resources and an effective "partnersbip" in acbieving

- compliance. This principle sbouldbe applied to all aspects ofthe 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, consistentunderstanding on the following matters: Advance notification of intended inspections and enforcement actions; Specific identification ofwho will be notified; How tbe notificationwill 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 programdirection 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 10percent ofthe state's compliance inspections to evaluate the state's techniques,

11**.~.**

follow-up activities, and enforcement actions. The state will submit to EPA by the end of the first month ofthe first quarter and 30 days prior to the beginning ofeach subsequent quarter a list of facilities to be inspected for the upcoaing quarter. By the end ofthe sixth week of the first quarter and the first week of each subsequent quarter, EPA will submit to the state a list ofthe 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. IfEPAbas 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. Ifthe 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 Administratormayshorten orwaivenotice 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 ofthe 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 thatpermit. This Agreement will be modifiedto reflect approved state and national enforcementpolicies.
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. Ifthe state is unable to provide
12

### 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. EPAwill sharewith the state in a ti.llely fashion any national or relional reports developedbyEPA as a result ofsuch information collection. 4. EnforcementAlree.ent TheRCRAEnforcementAlreementwill be included as Attachment Ato this Alree.ent. The intent of

## theEnforcement**Alre~nt** 

### is to prOVide abaai. for implementing an effective statel federal enforce-ent relationship. TheEnforcementAlreement identifies oversipt criteria, standards for asaeuinl· compliance and enforcementperformance standards, protocols for notification, consultation, overfilinl onRCRAenforcement matters, and state reportinl. This EnforcementAlreement al.o delineates the relation.hip ofthe state enforcement policy 

### to the cQIIPliuce .tratelY**and~** 

### the Enforce-ent Aaree-ent it.elf. Theobjective ofthe EnforcementAlreeDent is 

### to Ilaintain a stable, predictable, and coordinated enforcementpresence. G. Provisions forModificationofthe KOA 

### This Alreement maybe modified upon the initiative ofeither partyto ensure consistencywith 

### stateprolrammodifications or· for any other purpose mutually alreed upon. Any revisions or modifications mustbe inwritinl and mustbe silnedbyboth the Director and the Relional Administrator. For the State:**---~_.---** ----**---~-------** ------------ - ---- 

### STATE OFWASHINGTON DEPARTMENTOFECOLOGY For the Federal Government:

AGENCY, REGION X



### Title:

Date:

13 

### Title:

Date: 

### JUL 1