# APPENDIX V

### MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF IDAHO 

## AND
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 I. GENERAL TIris Memorandum ofAgreement (hereinafter "Agreement") establishes policies, responsibilities, and procedures pursuant to 40 CPR 271.8 for the State ofIdaho Hazardous Waste program (hereinafter "State Program") authorized under Section 3006 ofthe Resource Conservation and Recovery Act (hereinafter "RCRA or "the Act") of 1976 (42 USC 6901 et seq.), as amended (Public Laws 94-580,96-482,98-616), and the United States Environmental Protection Agency (hereinafterEPA) Regional Office for Region 10. This Agreement further sets forth the mannerin which the State and EPA will coordinate in the State's administration and enforcement ofthe State program and, pending State authorization, EPA's administration ofthe non-authorized provisions ofthe Hazardous and Solid Waste Amendments of 1984 (HSWA). Forpurposes ofthis Agreement, references to "RCRA" include HSW

### A. This Agreement is entered into by the Administratorofthe Division ofEnvironmental Quality, Idaho Department ofHealth and Welfare (hereinafter "DEQ Administrator" or "the State") and the Regional Administrator, EPA Region 10 (hereinafter "RegionalAdministrator" or "EPA").

. Nothing in this Agreement shall be construed to restrict in any way EPA's authority to fulfill its oversight and enforcement responsibilities underRCRA. Nothing in this Agreement shallbe construed to contravene any provision of40 CFRPart 271. This Agreement does not restrict EPA's oversight authority for State program activities that are part ofthe federal program, does not establishprivity between EPA and the State, and does not restrict EPA's independent enforcement authority. The parties will review the Agreementjointly at least once a year (and other times as appropriate) during preparation ofthe annual State Grant workplan orPerfonnance Partnership Grant (hereinafter "Grant"), in connection with grant funding under section 3011 ofRCRA. TIris Agreement may be modified upon the initiative ofeitherparty in order to ensure consistency with State programmodifications made or for any other purpose nmtually agreed upon. Any revisions ormodifications to this Agreement nmst be in writing and nmst be signed by the State and the Regional Administrator. TIris Agreement will remain in effect until such

1. Revised 7-30-01time as State program authorization is withdrawn by or is voluntarily transferred to EPA according to the criteria and procedures established in 40 CFR 271.22 and 40 CFR 271.23. TIris Agreement is being revisedbecause the State is submitting arevised authorization application. TIris Agreement shallbe signed by the State and the Regional Administrator and shallbecome effective afterbeing signed by bothparties. This Agreement shall replace the Agreement dated September 

### 17, 1996, effective October 

### 6,1998. 

### II. POLICY STATEMENT Each ofthe parties to this Agreement is responsible for ensuring that its obligations under RCRA are met. Upon granting offinal authorizationby EPA, the State assumes 

### primary responsibility for implementing the authorized provisions ofthe RCRAhazardous waste program within its geographic boundaries, except in Indian country. The State will conduct its.hazardous waste programin accordance with EPA programpolicies and guidance. 1 While EPAretains responsibility for the direct implementation ofthose provisions ofHSWA for which the State is not authorized, it is the intention ofEPA and the State to .coordinate the implementation ofsuch provisions to the greatest degree possible. The State and the RegionalAdministrator agree to maintain a highlevel ofcooperation and coordinationbetweentheirrespective staffs in a partnership to assure successfuland effective administration ofthe Stateprogram. EPA will oversee implementation ofthe authorized Stateprogramin order to ensure full execution ofthe requirements ofRCRA, to promote national consistency in the hazardous waste program, to allow EPA to report to the President and Congress on the achievements ofthe hazardous waste program, and to encourage the State and EPA to agree on desirable technical support and targets forjoint efforts to prevent and mitigate environmental problems associated with the impropermanagement ofhazardous wastes. Oversight willbe accomplishedbyEPA throughwrittenreporting requirements, pennit overview, compliance and enforcementoverview. and annual review ofthe State's programs.

1 These policies and guidance include, at a minimum, the OSWER Consolidated Guidance; the Office of Enforcement and Compliance Assurance MOA guidance; RCRA Civil Penalty Policy dated October 26, 1990; National Criteria for a Quality Hazardous Waste Program; revised Hazardous civil Enforcement Response Policy (April, 15, 1996); and the EPA Policy on Performance Based Assistance (May 31, 1985); and the May 1, 1996 Advanced Notice of Proposed Rule:making for the corrective Action Program, Setting CUstomer Service Standards (E.O. 12862, September 11, 1993); Improving Customer Service (Fred Hanson, April 8, 1998); Federal Actions to Address Environmental**J~stice** in Minority Populations and Lowincome populations (E.O. 12892, February 11, 1994); EPA OSWER Environmental Justice Action Agenda (EPA 540/R-95/023, 1995). 2. Revised 7-30-01

### III. STATE PROGRAM REVIEW The Regional Administrator will assess the State administration and enforcement ofthe hazardous waste programon acontinuing basis for equivalence and consistency withRCRA, this Agreement, and all applicable Federal requirements and policies, and for adequacy of enforcement. This assessment will be accomplished byEPA review ofinfonnation submitted by the State in accordance with this Agreement and the State Grant work program, pennit overview, compliance and enforcement overview, and annual review ofState program activities. The Regional Administratormay also consider, as part ofthis regular assessment, written comments about the State's program administration and enforcement that are received fromregulated persons, the public, and Federal,.State and local agencies. Copies ofany such comments received by the Regional Administrator will beprovided to the State. Except for those documents protectedby attorney client privilegepursuantto Idaho Rule ofEvidence 502 , Idaho Code § 9-203, or otherwise subject to protection as attorney work product pursuant to Idaho Rules ofCivil Procedure 26(b)(3), the State 

### shal1 allow EPA to' routinely review State records, reports, and files relevant to the administration and enforcement ofthe approved program EPA agrees that all requests for infonnation willbe coordinated in advance when possible. Coordination willnot subjectEPA to State FOlA requirements. Programreview meetings between the State and the EPA willbe scheduled atreasonable intervals to review specific operating procedures and schedules, to resolve problems and to discuss mutual programconcerns. These meetings will be scheduled at least fifteen days in advance unless mutually agreed to differently. A tentative agendafor the meeting willbe preparedby EPA. The State and EPA agree to develop, on an annual basis as a part ofthe State grant work program, criteria forpriority activities, including activities regarding handlers ofhazardous waste. These criteria will be based on guidance issuedby EPA in the annual Agency Operating Year Guidance, other guidance documents as may be appropriate, and State specific concerns, and will serve to identify those activities which should receive the highest priority during the grantperiod. 

### IV. INFORMATION SHARING A. General This Section covers infonnation sharing on miscellaneous elements ofthe RCRA program, including notification, RCRlS data, etc. Specific infonnation sharing requirements for the othermajorprogram elements are covered in their respective Sections: V. Pennit Issuance, VI. Pennit Administration, and VB. Enforcement. Detailed tables descn'bing the flow of documents between the State and EPA for Sections V., VI., and 

### Vll. ofthe 

### MOA are included at the end ofthis document. As the respective infonnation needs ofthe State and EPA evolve, changes to this section ofthe Agreement or the tables may be appropriate. During the annual

3. Revised 7-30-01

### , 

## -.

review ofthis Agreement the State and the Regional Administratorwill carefully examine the 

# r;. information sharing requirements for needed revision. 

# 'I )

Information related to Sections V. and VI., Permitting, and Section VII., Enforcement, shall be 

### sentby the State to: JeffHunt, EPA Region 10, 1200 SixthAve., WCM-122, Seattle, WA 98101. EPA shall send pennit and enforcement related information to: BrianMonson, Idaho Department ofHealth and Welfare, Division ofEnvironmental Quality, 1410 NorthHilton, Boise, ID 83706-1255. 1. EPA will keep the State informed ofthe content and meaning ofFederal 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 reports developedby EPA fromthe data submitted throughState reporting requirements. 2. EPA will make available to the State otherrelevant information as requested·whichthe State needs to implement its approved program. Informationprovided to the State willbe 

### subject to the terms of40 CPRI;'art2. 

### 3. The State agrees to infonnthe Regional Administrator ofany proposed programchanges which would affect the State's ability to implement the authorized programwith as much advance notice as possible. Programchanges ofconcern include modification ofthe State's legal authorities (i.e., statutes, regulations andjudicialor legislative actions

. affecting those authorities), modifications ofMernoranda ofAgreement or Understanding

with other agencies, and modifications ofresource levels (ie., available orbudgeted personnel and funds). Programchanges also include legal changes that would affect compliance monitoring and enforcement, such as. privileges and irrnnunities laws. The 

### State recognizes that programrevisions must be 

### made in accordance with the provisions of40 CPR 271.21, and that until approvedby EPA, revisions are not authorized as RCRA Subtitle Crequirements, however revisions maybe 

### enforced under State laws and authority butnot inlieu offederal RCRA until suchtime, if

### any, as EPAhas approved and authorized suchrevisions. EpA agrees to support the State with timely review of proposed State legislation that might have a significant potentialto affect the authorized hazardous waste program 4. Except for documents and information proteceted by attorney client privilege pursuant to Idaho Rule ofEvidence 502 and Idaho Code § 

### 9-203 or otherwise subject to attorney work product pursuant to Idaho Rules ofCivilProcedure 26 (b)(3) ,the State agrees to provide any pertinent information requested by the Regional Administrator orhis or her designee, within a munially agreed upon time frame, as necessary for EPA to carry out its oversightresponsibilities. The State agrees to submit the following reports and documents to the Regional Administrator orhis orher designee within the specified time periods: a) Midyear and 

### 5.

4. Revised 7-30-01

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6.



### 7. End-of-Year reports on the dates set in the Grant and b) Additional reports and documents as specifiedby the Grant. The State agrees to provide EPA with a copy ofany decisions regarding requests made by hazardous waste handlers to change their classifications (e.g., requests to be deleted as generators but to retain facility status) and facility requests to make on-site 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.) EPA agrees to adhere to the schedules in the Grant and the schedules specified by the Grant, including the Document Flow Tables. 

### B. SiteVisits EPA is responsible for maintaining reliable national data onhazardous waste management. This data is used to report to the President and Congress on the achievements of the hazardous waste program and to support EPA's regulatory development'efforts. Whenever EPA determines that it needs to obtain certain infonnation, EPA will first seek to gain this infonnation from the States. The State ofIdaho agrees to supply the Regional Administrator with this information ifreadily available and as resources allow in accordance with section IV

, (A)(4) hereof. Ifthe State is unable to provide the information or ifit is necessary to supplement

the State information, EPA may conduct a special surveyorperfonn information collection site visits afternotifying the State (normally with at least seven days advance notice) and inviting the State to participate in the site visit. EPA will share with the State any reports developed by EPA as a result or"such infonnation collection. 

### C. Emergency Situations Upon receipt ofany infonnation**th~t** the handling, storage, treatment, transportation, or disposal ofhazardous waste is endangering human health or the environment, the party in receipt ofsuch information shall innnediately notify by telephone the Idaho Emergency Response Communication center at 1-800-632-8000. 

### D. Confidentiality Subject to the provisions ofsection IV (A) (4) herein regarding attorney client privilege and attorney work product protection ,any information obtained or used in the administration ofthe State program shall be available to EPA. Ifthe informationhas been submitted to the State under a claimofconfidentiality, the State IIlllSt submit said infonnation to EPA in a manner reasonably anticipated to place EPA on notice ofsuch claim ofconfidentiality. Any information obtained from a State and subject to a claim of confidentiality will be handled in accordance with the regulations in 40 CPR Part 2, Public Infonnation. 1.

5. Revised 7-30-012. EPAagrees to furnish to the State infonnation in its files which is not submitted under a claim ofconfidentiality and which the State needs to implement its program EPA will release confidential infonnation only to States with confidentiality provisions equivalent to 40 CFR Part2. Subject to the conditions in 40 CFRPart 2, EPA will furnish to the State information submitted to EPA under a claimofconfidentiality which the State needs to implement its program All information EPA agrees to transfer to the State will be transferred in accordance with the requirements of40CFRPart 2. EPA will notify affected facilities when such infonnation is sent to the State. The State will handle such information in accordance with the Idaho Public Records Act, Idaho Code § 9-337 et seq. 

### E. Delisting The State shall send a copy ofany delisting petition, and all subsequentrevisions, to EPA within 15 days ofreceipt. Please consult the Enforcement and Compliance document flow table, attached to this agreement that contains additional information on delisting documents the. State will share with EPA. 

### F. Notification EPA and the Statehavejointly decided that the State will assign all EPA I.D. numbers and enter all notification data into RCRIS. Ifthe applicant sends anotification form(8700-12 or equivalent) directly to EPA, EPA will forward the form to the State for the assignment ofan I.D. number within 30 days ofreceipt. Ifthe State receives a notification form from EPA or fromthe applicant, the State will assign an I.D. number to the applicant and informthe applicant ofits number.

. 

### G. Variances and Waivers The State agrees to provide EPA with a copy ofeachproposed variance and waiver at the time it is received. Within 45 days ofreceipt, EPA can reyiew and comment on any proposed variance or waiver. The State agrees to halt any proposed action, within the 45 day comment period, ifEPA determines that the proposed variance or waiver is inconsistent with the State's authorized program This 45 day comment period can be shortened on a caseby casebasis by mutual consent. The State will transmit a copy ofany public notices, variances, or waiver approvals to EPA within ten (10) days ofissuance. 

### H. ReRA 

### DataManagement 1. The State agrees to use, maintain, and enter data into, the national RCRA data management systems (currently RCRIS). The State and EPA share one RCRIS database, effective October 1, 1998. The State and EPA Region' 10 are eachresponsible for the correctness ofthe data enteredby their agency. 

### 2.

6. Revised 7-30-01

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3. The State will enter all required RCRA Core data monthly into RCRlS and may submit or enter data as agreed between EPA and the State. 4. The State will collect Biennial Reporting data and provide Biennial Reporting System (BRS) data that has passed all basic BRS edits to EPA for loading into the national BRS according to the schedule promulgated by EPA Headquarters, and the schedule in the Grant. 5. EPA will be responsible for maintenance and clean-up ofallEPA data entered in the RCRlS corrective action module prior to the State's authorization for HSWA corrective action. 6. EPA will informthe State promptly when changes are made to RCRlS that might affect the State's implementation ofRCRIS. EPA will assist the State in RCRlS consulting and training 

### as resources allow. 7. As resources allow, EPA will assist the State in developing RCRISIRCRA Info reports. 8. Neither the State nor EPA will unilaterally change its RCRIS implementer systemin any way without advance consultation with, and agreement of, the otherparty. 

### 9. BothEPA and the State have the right, as implementers ofRCRIS, to choose and to change theirRCRIS hardware platforms to optimize systemefficiency, but will not do so in such a way 

### as to negatively affect the RCRIS database, access to the RCRIS database reports, or the potential for updating RCRIS withnew data. 

## v. PERMIT ISSUANCE 

### A. EPA Permitting Upon authorization ofthe State program, EPA will suspend issuance ofFederal pennits forhazardous waste treatment, storage, and'disposal facilities for which the State is receiving authorization_ IfEPA promulgates standards for additional regulations mandated by HSWA, that are not covered by the State's authorized program, EPA will issue and enforce RCRA pennits in the State for these new regulations until the State receives final authorization for equivalent and consistent State standards. IfEPA promulgates new standards requiring a pennit modification, then EPA may, pursuant to 40 CFR 270.42(b)(6)(vii), extend the time period for final approval or denial ofamodification request until such time that the State receives authorization for the new standards. At the time the State programis approved in the new areas, EPA will suspend issuance ofFederal pennits in the State. The State and EPA have agreed to ajoint pennitting process (see section V.D ofthis Agreement) for thejoint processing and enforcement ofpennits for those provisions ofRCRA for which the State does nothave authorization.

7. Revised 7-30-01EPA will transfer any pending pennit applications, completed pennits or pertinent file infonnation to the State within forty-five days ofthe approval ofthe State programin confonnance with the conditions ofthis Agreement.



### B. EPA Overview ofState Pennits While EPA may comment on any pennit application or draft pennit, EPA's overview function will focus primarily on those facilities identified by the State and EPA in the State's RCRIS Pennitting Six Quarter Plan, annual State Grant WorkProgram and the State's Program Description. EPA may comment in writing on any draft pennit or proposed pennit modification, within forty five days ofits receipt, whether ornotEPA commented

# on the pennit application. Where EPA indicates in a comment that issuance, modification, reissuance, termination.or denial ofthe pennit wouldbe inconsistent with the approved State program, EPA shall include in the comment:

a. A statement ofthe reasons for the comment (including citation to the section of the State or federal law or regulations that supports the coniment), and b. The actions that shouldbe taken by the State to address the comment (including the conditions which the pennit would include ifit were issuedby EPA). The State and EPA willusually reach concurrence on pennit conditions prior to issuance ofthe draft pennit or approval ofproposed pennitmodifications. The DEQ Administrator and EPA Regional Administrator agree to meet or confer, within the pennitreview period, whenever necessary to resolve a disagreementbetween their staffs on the terms ofany State-issued permit. EPA shall withdraw such comments if satisfied that the State has metits concerns. The State agrees to consider all comments EPA makes on pennit applications and draftpermits. The State will satisfy or refute EPA's concerns on a particularpermit application, proposed peinJit

. modification, or draft pennit in writing before issuing the permit ormaking the modification. Under section 3OO8(a)(3) ofRCRA, EPA may terminate a State-issued permit in accordance with the procedures of40 CFR Part 124, Subpart E, orbring an enforcement action in accordance with the procedures of40 CFR Part 22 in the case ofa violation ofa State program requirement. In exercising these authorities, EPA will observe the conditions established in 40 CFR 271.19(e). 

### C. State Pennitting 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 subject to the authorized provisions of

### the State's 8. Revised 7-30-01

# .'

program and shall do so in amanner consistent withRCRA as amended by HSWA, this Agreement, all applicable Federal and Staterequirements, and the State's ProgramDescription. In accordance with Idaho Code §39-4409(2), upon authorization interimstatus orfinal permits issued by EPA prior to State authorization shallbe adopted as State interim status final permits until IDHW issues anew State permit. The State agrees to issue, modify and reissue all permits subject to the authorized portions ofthe State's programin accordance with the applicable provisions of IDAPA §§ 16.01.05.013 the state equivalent to 40 CFR Part 124, the Idaho Administrative Procedures Act, Idaho Code § 67-5440-79, Idaho Department ofHealth and Welfare Rules Governing Contested Case Proceedings and Declarartory Rulings, IDAPA §§ 16.05.03 et seq. and to include as pennit conditions all applicable provisions ofIDAPA §§ 16.01.05. et. seq. This Agreement also applies to pennits issued afterfinal authorizationbut for which the processing may have begunbefore final authorization. The State agrees that any compliance schedule contained in any permit issued will require compliance with applicable standards within a specified time period. 

### D. JointPennitting Process Pursuant to section 3006(g)(l), and in accordance withRCRA, as amended, EPA has the authority to issue or deny pennits or those portions ofpermits to facilities in Idaho for the requirements and prohibitions in or stennning fromHSWA, until the State's programis amended to reflect those requirements and prolnbitions and authorization is received for the portion or portions ofthe program EPA and Idaho hereby establish thisjoint pennitting process for the issuance ofRCRA pennits in Idaho. TIJisjointpennitting process is established in accordance with section 3006(c)(3) ofRCRA. A determination on which sites may requirejoint permitting will be made by the State and EPA, noted in the State GrantWorkplan. Upon authorization ofthe State for any ofthe provisions ofRCRA, the specifics ofthe Joint Pennitting Agreement as set in the annual State grant work program shallbe amended to reflect the authorization. Amendment ofthis Memorandum ofAgreement or the execution ofa separate Memorandum ofAgreement may be required for authorization ofany ofthe provisions ofHSWA. 

### VI. PERMIT ADMINISTRATION A. EPA EPA 

### will administer the enforcement, modification, revocation, reissuance, and termination ofthose portions of joint StatelEPA penniis for which the State does not yethave authority, until such time as the State adopts the provisions as a matter ofState law and is authorized for the provisions by EPA and in accordance with section VI.B ofthis

### agreernent.~

9. Revised 7-30-01

### B. State The State agrees to review all hazardous waste pennits which were issued under State law prior to the effective date ofthis Agreement in accordance with 40 CFR 271.13(d), and to modify, or revoke and reissue, suchpennits as necessary to require compliance with the 

### amended State Program The State shall notify EPA ofany pennits not equivalent to federal pennit requirements, including any pennits that have been issued but are pending administrative or judicial appeal. Except for these non-equivalent pennits, once EPA has determined that the 

### State has fulfilled the 

### requirements of40 CFR 271.13(d), EPA will terminate the applicable Federal pennit, or Federal portion ofthe pennit, pursuantto the procedures in 40 CPR 124.5(d), notify the State that the pennit is terminated, and no longer administer those pennits portions ofpennits for which the State is authorized. Where the Statepennit is not equivalent to federal pennit requirements, the 

### Statemay modify, orrevoke and reissue, its pennit as necessary to requirecompliance with its authorized programin amanner consistent with RCRA as amendedby HSWA. 

### Ifthe State does not modify, orrevoke andreissue, a pennit equivalent to the federal pennit, EPA will administer and enforce its pennit until it expires or is terminated. Upon the effective date ofan equivalent State pennit, EPA will terminate the.

### federal pennit pursuant to 40 CPR 271.8(b)(6) and 124.5(d). EPA will notify the pennittee by certified mail 

### ofits intent to terminate the federal pennit, and give the pennittee 30 days in which to agree or object to termination ofthe 

### pennit·. The State agrees to resolve all State pennit appeals in amanner consistent withits authorized RCRA program. 

### VII. COMPLIANCE MONITORING AND ENFORCEMENT A. EPA Nothing in this Agreement shall restrict EPA's right to inspect any hazardous waste generator, transporter or facility orbring enforcement action against any personbelieved to be in violation ofthe State or Federalhazardous waste programorbelieVed to have a release of hazardous waste or constituent. Before conducting a civil compliance/enforcementinspection of a generator, transporter or facility, the Regional Administrator will nonnally give the 

### State at least seven days notice ofthe intent to inspect in accordance with 40 CPR 271.8(b)(3)(i). In 

### case ofan imminent hazard to human health or the environment, the Regional Administratormay shorten or waive the notice period. EPA agrees to make available to the State copies ofany reports and dataresulting from compliance inspections within a reasonable**t~** 

### fromcompletion ofthe inspections. Undercurrent Region 10 policy, 

### ifthe State makes notice to EPA that an inspection will be made, with an inspectionreport provided, no EPA civil inspection will be made, unless the
10. Revised 7-30-01

# ~) Regional Administrator deems the State actions to be inadequate or the Regional Administrator has reason to believe there is an imrniilent and substantial endangerment to humanhealthor the environment; however, notwithstanding the above policy and as requiredby 40 CPR271.8(b)(5) no limitationson EPA compliance inspections ofgenerators; transporters, ornon-majorHWM facilities under 40 CPR 271.8(b)(4) shall restrict EPA's right to inspect any generator, transporter, or HWM facility which it has cause to believe is not in compliance withRCRA, and as required by 40 CPR 271.8(b) this policy shall not restrict EPA's authority to inspectmajor HWM facilities. Before conducting a civil inspection, EPA will allow the State a reasonable opportunity to conduct a compliance evaluation inspection. The frequency ofEPA oversight and training inspections will be specifiedin the annual State grant work program. .EPA willnegotiate on an annual basis with the State the number or percentage ofthe State's compliance inspections on whichEPAwill accompany the State. EPA may take enforcemmt action against any person detemJined to be in violation of RCRA in accordance with section 3008. EPA will take civil enforcem::nt action upon detennining that the Statehas nottaken tim::ly and appropriate enforcem::nt action orupon request by the State. Prior to issuing a compliance order under section 3OO8(a) EPA will give. notice to the Statepursuant to 3008(a)(2). EPA also retains its rights to issue orders andbring actions under sections 3OO8(h), 3013 and 7003 ofRCRA and any other applicable Federal statute.Afternotice to the State, EPA may take action under section 3008 ofRCRA against a holder ofa State-issued pennit on the grounds that the pennittee is not complying with a condition ofthat pennit. In addition, EPA may take action under section 3008 ofRCRA against aholder ora State-issued pennit on the grounds that the pennittee is not complying with a condition that the Regional Administrator, in connnenting on that pennit application or draft pennit, stated was necessary to implem::nt approved State programrequirem::nts, whether ornot that condition was includedin the final pennit. 

### B. State The State agrees to carry out a tim::ly and effective programfor monitoring compliance by generators, transporters, and TSD facilities (see 40 CFR 271.15). As part ofthis program, the State will conduct inspections to assess compliance with generator and transporter standards (including manifest requirements), facility standards, pennit requirements, compliance schedules, and all other programrequirements. Compliance monitoring activities and priorities willbe specified in the Office ofEnforcem::nt and Compliance Assurance's bi-annual MOA guidance and the annual State grant work program and shallbe consistent with all applicable Federal requirem::nts and with the State's ProgramDescription. State specific activities and priorities for compliance monitoring, TSD and generator inspections will be negotiated in the annual grant workplan.

11. Revised 7-30-01Individuals in the State programmay be designated by the Regional Administrator as EPA representatives under section 3007 ofRCRA, so that they can inspect facilities for violations ofthe terms and conditions ofFederalpennits. Designations withrespect to section 3007 ofRCRA will be negotiated in the annual grant workplan or at other times upon mutual agreement ofbothparties. The State agrees to take timely and appropriate enforcement action as defined in the 1996 Hazardous Waste Enforcement Response Policy against all persons in violation of generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all other programrequirements, including violations detected by State orFederal compliance inspections. The State willmaintainprocedures for receiving and ensuring proper consideration ofinformation about violations submittedby the public. Subject to the provisions ofsection IV (A)(4) herein, the State agrees to provide EPA with copies ofreports resulting from any compliance inspection-and subsequent enforcement actions, when EPA requests such copies. The State agrees to retain all records for atleast three years unless there is an enforcement action pending. In that case all records will be retained until three years from the date such action is resolved. 

### VIII. AVAILABILITY OF INFORMATION A. General Section 3006(f) ofRCRA requires an authorized state to provide for the public availability ofinformation obtained by the State regarding facilities and sites for treatment, storage and disposal ofhazardous waste. Such information must be available to the public in substantially the same manner as, and to the same degree as, that available underfederal law

. 

### B. Requests for Information 1. After a determination that this information is available for disclosure under the Idaho Public Records Act, Idaho Code § 9-337 et seq., the State agrees to make certain materials routinely available without a formal informationrequest. Examples ofthese materials are final opinions or orders in case adjudication, State regulations, statements of Agency policy, and administrative staffmanuals affecting the public. In addition, records prepared for routine public distnbution will also be made available. Examples ofsuch records are press releases, copies ofspeeches, pamphlets, and educational materials. 2. The State Agency agrees to make reasonable efforts to assist arequestor in identifying records being sought, and to help the requestorfommlate his or herrequest. 

### Ifa request for information is denied, the State agrees to provide the requestor thebasis for the denial and to notify the requestor ofany StatejUdicial, administrative procedures, 3.

12. Revised 7-30-01 

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or statutes oflimitation in accordance with the Idaho Public Records Act, Idaho Code § 9-337, et seq. 

### 4. The State agrees to make the fullest possible disclosure ofrecords to the public, except where the record would qualify for any ofthe exemptions under the Idaho Public Records Act, Idaho Code § 9-337, et seq. orunder the FederalFreedomofInformation Act, 5 U.S.c. 552(a)(2), if.suchexemption is recognizedby the State. 

### 5. A reduction or waiver offees will be considered in connection with eachrequest from a representative ofthe press or other communicationmedium, orfrom a public interest group. The State agrees to reduce or waive the fee ifit determines that areduction or waiver ofthe fee is in the public interestbecause furnishing the information canbe considered as primarilybenefitting the general public. 

# c. Confidentiality ofBusiness Information Pursuant to the Idaho Public Records Act, Idaho Code § 9-335 et seq.,the State agrees to determine whether arecord constitutes a trade secret pursuant to Idaho Code § 9-340(2) within three (3) days, or, upon notice to the requestornot longer than ten (10) days fromreceipt ofa request for such a record. Records whichhave notbeen claimed as trade secrets by abusiness at the first opportunity at ornear the time ofsubmission or collection and have not been subject of reasonable effort to maintain secrecy, and are not trade secrets within the meaning ofIdaho Code § 9-340(2) will be released upon request without fwthernotice to the business. 

### D. Oversight 1. The State agrees to keep a 10g ofdenials ofrequests for information (or afile containing copies ofdenial letters sent to requestors) which will be made available to EPA during the State review. 2. The State agrees to keep EPA fully infonned ofany proposed JOOdifications to its basic statutory orregulatory authority, its forms, procedures, orpriorities, as applied to section 3006(f).

U.S. ENVIRONMENTAL PROTECTION AGENCY REGION 10

13. Revised 7-30-01**BY:._--=~~~_-I.~~~** REGIONAL**A»MI~TRATOR** DATE 

# f 

# I f 

# I (J ( STATE OF IDAHO DE FHEATH &**WEI~**Item IternDesCription State Action EPA Action I New and revised Part A application Copy to EPA Review andbecome familiar with document 2 a) LDF Operating Permit Part Bs, and Copy to EPA Review andbecome subsequent revisions within 30 days of familiar with b) Combustion Operating Permit Part Bs, receipt. documents. including trialbumplans, and Comment as subsequent revisions, and risk appropriate at State assessmentprotocols and risk request assessments c) SubpartXPart B's, risk assessment protocols, and risk assessments 3 Copies ofwarning letter and first Notice Copy to EPA Review for HSWA ofDeficiency (NOD) for all TSDFs applicability, e.g. CC. 

### 4 Copies of2nd and subsequent Send draft 30 days Comments, ifany, NODs/Orderfor facilities in item2. prior to issuance if wlin 30 days of comments receipt requested; final when issued. 

### 5 Completeness detenninations for all Send 30 days prior Monitorprogress. TSDFs to issuance Comments, if any, due within 30 days of receipt. 

### 6 Draft permits and draft modifications for Send to EPA 30 Comment to State TSDFs in item2, with fact sheets and days before start w/in 30 days of public notices ofpublic comment receipt. period. 

### 7 Draft permits and draft modifications for Copy to EPA with Review and comment all otherTSDFs, with fact sheets and mo)lthly to State/facility if public notices submittals cursory review indicates problems. I



### BASE PERMITTING DOCUMENT FLOW BETWEEN EPA AND IDAHO DEQ

15. Revised 7-30.Ql8 Final pennits and final modifications for

.Copy to EPA Review ifEPA all TSDFs, and notices ofpermit denials connnented on draft. 

### 9 Emergency Permits Notify EPA by Monitor situation. telephone ASAP, then send copy of permit 10 a) Clean Closure Plans for LDFs Send to EPA with Become familiar with b) Closure Plans for TankUnits monthly plans, particularly submittals clean closure

. submittals 11 Closure Plan NODs for item 10 facilities Copy to EPA Review and provide connnents to State, if requested. 12 Closure Planpublic notices, approval Copy to EPA Connnent during letters and closure acceptance letters for public comment all TSDFs period. 

### 13 Closure equivalency petitions and all Copy to EPA Review andprovide associated documents connnents to State during connnent period. 14 Other documents at State's request Per State schedule Assist State to maximumextent possible. 

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16. Revised 7-30-01 

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CORRECTIVE ACTION DOCUMENT FLOW BETWEEN EPA AND IDAHO DEQ

Item ItemDescription State Action EPA Action 

### 1 Visual Site Inspection notification letters cc: EPA Review letter· or sent to facilities supply standardletter for state use. Accompany State, if appropriate. 

### 2 Draft RFA Reports generated by State Send to EPA in Comments to State draft formwhen

.w/in 30 days of sent to facility for receipt, or tell State comment willnotreview. 

### 3 Final RFAReports sent to facilities Copy to EPA Review ifEPA commented on draft. 4 Final EI evaluations and NCAPS Send to EPA Review ifEPA worksheets commented on draft 5. StabilizationEvaluation Questionnaires Copy to EPA Comments, ifany to (GPRA Universe)

. State w/in 30 days of receipt 6 Allworkplans and reports that address Copy to EPA Becomefamiliar with investigation and'corrective action unless comments documents. requirements for SWMUs at facilities requested on withhighNCAPS ranking. expedited schedule. 7 Notices ofTechnicallnadequacy cc:EPA EPAreview, if (NOTls) and NOVs and Orders on requested. Corrective Action Documents in item7 

### 8 Remedy Selection Documents (Pennit Copy to EPA 30 Review and comment mods., Orders, SOBs, etc.) days w/in 30 days of before issuance of receipt ofdraft. draft. copy of Review final for final to EPA upon conformity to EPA issuance. comments.

17. Revised 7-30-01

### ENFORCEMENT AND COMPLIANCE DOCUMENT FLOW· BETWEEN EPA AND IDAHO DEQ (Items in Italics show varying requirements between States)

Item. IternDescription State Action EPA Action 1 List ofall 

### facilities I

### TSDFs I 

### Send list to EPA Review list and significant generators that State will prior to start of notify State which inspect each quarter/year quarter I 

### year facilities EPA will inspect. 2A2 

### State draft inspection reports forjoint Send to EPA for Comment to State EPAlState inspections prior to review w/in 15 days of finalization receipt. 2B EPA draft report forjointEPAlState Review draftEPA Finalreports to be 

### inspections; EPA final inspection joint inspection sent to facility with report for independent inspections report and provide cc to State w/in 45 comments to EPA days after inspect. 3 For all 

### inspections I 

### inspections of Send to EPA upon Monitor State Action Significant Non-Compliers (SNCs), issuance I 

### specified for timeliness and copies ofinspectionreports, and any time frame appropriate follow-up reports, warning letters, action. NOVs, and administrative orders, etc. 4 All enforcementreferrals from district Send copy to EPA (Same as above) offices to central office 5 Notice oflntent to receive hazardous Send copy to EPA Regionreview and 

### waste from a foreign source pursuant upon receipt I 

### within take action as to 40 CFR265.12 5 days ofreceipt necessary 6 Notification ofState that EPA will Receive notification Notificationprior to take enforcement action

. and take appropriate issuing 3OO8(a) Order response, if

### required by telephone and lor writing within a specified time frame •

18. Revised 7-30-01

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I /) 

# ., 7 Notification ofEPA ofany State notifies EPA EPAreviews peroffdetennination that a CERCLA off-site within 5 days of site rule, consults facility 

### is a SNC or may be posing determination with State, and takes significant threat to public health, appropriate action. welfare orthe environment or otherwise affect the satisfactory operation ofthe facility. 

### 8 For all TSDFs receiving CERCLA off State will send within EPAreviews peroffsite waste, Inspection Reports, NOVs, 15 days ofissuance siterule, consults Orders, Civil and or Criminal actions with State, and takes and corrective actionrequirements appropriate action. when significantRCRA violations occur and a fonnal enforcement response is initiated 9 Draft and final delisting decisions, Send draft to EPA 30 EPAreview and where State is authorized for delisting days before public provide comments to notice. Sendfinal State within30 days decision to EPA 15 ofreceipt ofdraft days before mailing decision. EPA notify to applicant Statebefore State mails final decision to applicant ifEPA finds serious technical deficiencies. 10 Citizen concerns referred to Stateby State investigate and EPArefer to State. EPA reportresults to.EPA w/in 30 days of referral fromEPA.

19. Revised 7-30-01