APPENDIX V
MEMORANDUM OF AGREEMENT BETWEEN

THE STATE OF IDAHO

AND

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 10

I. GENERAL

TIris Memorandum of Agreement (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 (hereinafter EPA) Regional Office for Region 10. This Agreement further

sets forth the manner in which the State and EPA will coordinate in the State's administration and

enforcement ofthe State program and, pending State authorization, EPA's administration of the

non-authorized provisions of the Hazardous and Solid Waste Amendments of 1984 (HSWA).

For purposes ofthis Agreement, references to "RCRA" include HSWA.

This Agreement is entered into by the Administrator of the Division ofEnvironmental

Quality, Idaho Department of Health 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 under RCRA. Nothing in this Agreement

shall be construed to contravene any provision of 40 CFR Part 271. This Agreement does not

restrict EPA's oversight authority for State program activities that are part of the federal program,

does not establish privity between EPA and the State, and does not restrict EPA's independent

enforcement authority.

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

appropriate) during preparation of the annual State Grant workplan or Perfonnance Partnership

Grant (hereinafter "Grant"), in connection with grant funding under section 3011 ofRCRA.

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

consistency with State program modifications made or for any other purpose nmtually agreed

upon. Any revisions or modifications 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 7-30-01
time as State program authorization is withdrawn by or is voluntarily transferred to EPA

according to the criteria and procedures established in 40 CFR 271.22 and 40 CFR 271.23.

TIris Agreement is being revised because the State is submitting a revised authorization

application. TIris Agreement shall be signed by the State and the Regional Administrator and

shall become effective after being signed by both parties. This Agreement shall replace the

Agreement dated September 17, 1996, effective October 6,1998.

II. POLICY STATEMENT

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

RCRA are met. Upon granting offinal authorization by EPA, the State assumes primary

responsibility for implementing the authorized provisions of the RCRA hazardous waste program

within its geographic boundaries, except in Indian country. The State will conduct its.hazardous

waste program in accordance with EPA program policies and guidance. 1 While EPA retains

responsibility for the direct implementation of those provisions of HSWA for which the State is

not authorized, it is the intention of EPA and the State to .coordinate the implementation of such

provisions to the greatest degree possible. The State and the Regional Administrator agree to

maintain a high level of cooperation and coordination between their respective staffs in a

partnership to assure successful and effective administration of the State program.

EPA will oversee implementation ofthe authorized State program in order to ensure full

execution of the requirements ofRCRA, to promote national consistency in the hazardous waste

program, to allow EPA to report to the President and Congress on the achievements of the

hazardous waste program, and to encourage the State and EPA to agree on desirable technical

support and targets for joint efforts to prevent and mitigate environmental problems associated

with the improper management of hazardous wastes. Oversight will be accomplished by EPA

through written reporting requirements, pennit overview, compliance and enforcement overview.

and annual review of the 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 of the

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

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

enforcement. This assessment will be accomplished by EPA review of infonnation submitted by

the State in accordance with this Agreement and the State Grant work program, pennit overview,

compliance and enforcement overview, and annual 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 State.

Except for those documents protected by attorney client privilege pursuant to Idaho Rule

of Evidence 502 , Idaho Code § 9-203, or otherwise subject to protection as attorney work

product pursuant to Idaho Rules of Civil Procedure 26(b)(3), the State shal1 allow EPA to'

routinely review State records, reports, and files relevant to the administration and enforcement

of the approved program EPA agrees that all requests for infonnation will be coordinated in

advance when possible. Coordination will not subject EPA to State FOlA requirements.

Programreview meetings between the State and the EPA will be scheduled at reasonable

intervals to review specific operating procedures and schedules, to resolve problems and to

discuss mutual program concerns. These meetings will be scheduled at least fifteen days in

advance unless mutually agreed to differently. A tentative agenda for the meeting will be

prepared by EPA.

The State and EPA agree to develop, on an annual basis as a part ofthe State grant work

program, criteria for priority activities, including activities regarding handlers ofhazardous

waste. These criteria will be based on guidance issued by 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

grant period.

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 other major program 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. of the MOA are included at

the end of this 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
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review of this Agreement the State and the Regional Administrator will 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 sent by the State to: Jeff Hunt, EPA Region 10, 1200 Sixth Ave., WCM-122, Seattle,

WA 98101. EPA shall send pennit and enforcement related information to: Brian Monson,

Idaho Department ofHealth and Welfare, Division of Environmental Quality, 1410 North Hilton,

Boise, ID 83706-1255.

1. EPA will keep the State informed of the 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 developed by EPA from the data submitted

through State reporting requirements.

2. EPA will make available to the State other relevant information as requested·which the

State needs to implement its approved program. Information provided to the State will be

subject to the terms of 40 CPR I;'art 2.

3. The State agrees to infonn the Regional Administrator of any proposed program changes

which would affect the State's ability to implement the authorized program with as much

advance notice as possible. Program changes of concern include modification of the

State's legal authorities (i.e., statutes, regulations and judicial or legislative actions

. affecting those authorities), modifications ofMernoranda of Agreement or Understanding

with other agencies, and modifications ofresource levels (ie., available or budgeted

personnel and funds). Program changes also include legal changes that would affect

compliance monitoring and enforcement, such as. privileges and irrnnunities laws. The

State recognizes that program revisions must be made in accordance with the provisions

of 40 CPR 271.21, and that until approved by EPA, revisions are not authorized as RCRA

Subtitle C requirements, however revisions may be enforced under State laws and

authority but not in lieu offederal RCRA until such time, if any, as EPA has approved

and authorized such revisions. EpA agrees to support the State with timely review of

proposed State legislation that might have a significant potential to affect the authorized

hazardous waste program

4. Except for documents and information proteceted by attorney client privilege pursuant to

Idaho Rule of Evidence 502 and Idaho Code § 9-203 or otherwise subject to attorney

work product pursuant to Idaho Rules of Civil Procedure 26 (b)(3) ,the State agrees to

provide any pertinent information requested by the Regional Administrator or his or her

designee, within a munially agreed upon time frame, as necessary for EPA to carry out its

oversight responsibilities.

The State agrees to submit the following reports and documents to the Regional

Administrator or his or her 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 specified by the Grant.

The State agrees to provide EPA with a copy of any 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. Site Visits

EPA is responsible for maintaining reliable national data on hazardous waste

management. This data is used to report to the President and Congress on the achievements of

the hazardous waste program and to support EPA's regulatory development 'efforts. Whenever

EPA determines that it needs to obtain certain 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 surveyor perfonn information collection site

visits after notifying 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 of any infonnation th~t the handling, storage, treatment, transportation, or

disposal of hazardous 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 information has

been submitted to the State under a claim of confidentiality, the State IIlllSt submit said

infonnation to EPA in a manner reasonably anticipated to place EPA on notice ofsuch

claim of confidentiality. 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 7-30-01
2. EPAagrees to furnish to the State infonnation in its files which is not submitted under a

claim of confidentiality and which the State needs to implement its program EPA will

release confidential infonnation only to States with confidentiality provisions equivalent

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

State information submitted to EPA under a claim of confidentiality 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 of 40 CFR Part 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 of any delisting petition, and all subsequent revisions, 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 State have jointly decided that the State will assign all EPA I.D. numbers

and enter all notification data into RCRIS. If the applicant sends a notification form (8700-12 or

equivalent) directly to EPA, EPA will forward the form to the State for the assignment of an I.D.

number within 30 days ofreceipt. If the State receives a notification form from EPA or from the

applicant, the State will assign an I.D. number to the applicant and inform the applicant of its

number. .

G. Variances and Waivers

The State agrees to provide EPA with a copy of each proposed 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 case by case basis by

mutual consent. The State will transmit a copy of any public notices, variances, or waiver

approvals to EPA within ten (10) days of issuance.

H. ReRA Data Management

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 each responsible for the correctness ofthe data entered by 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 of all EPA data entered in the

RCRlS corrective action module prior to the State's authorization for HSWA corrective

action.

6. EPA will inform the 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 system in any

way without advance consultation with, and agreement of, the other party.

9. Both EPA and the State have the right, as implementers ofRCRIS, to choose and to

change their RCRIS hardware platforms to optimize system efficiency, but will not do so

in such a way as to negatively affect the RCRIS data base, access to the RCRIS data base

reports, or the potential for updating RCRIS with new data.

v. PERMIT ISSUANCE

A. EPA Permitting

Upon authorization of the State program, EPA will suspend issuance ofFederal pennits

for hazardous 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. If EPA 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 of a modification request until such time that the State receives authorization for the new

standards. At the time the State program is approved in the new areas, EPA will suspend

issuance of Federal pennits in the State. The State and EPA have agreed to a joint pennitting

process (see section V.D of this Agreement) for the joint processing and enforcement of pennits

for those provisions ofRCRA for which the State does not have authorization.

7. Revised 7-30-01
EPA will transfer any pending pennit applications, completed pennits or pertinent file

infonnation to the State within forty-five days of the approval of the State program in

confonnance with the conditions of this Agreement.

B. EPA Overview of State 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 Work Program 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 or not EPA commented on the pennit application.

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

of the pennit would be inconsistent with the approved State program, EPA shall include in the

comment:

a. A statement of the 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 should be taken by the State to address the comment (including

the conditions which the pennit would include ifit were issued by EPA).

The State and EPA will usually reach concurrence on pennit conditions prior to issuance

of the draft pennit or approval of proposed pennit modifications. The DEQ Administrator and

EPA Regional Administrator agree to meet or confer, within the pennit review period, whenever

necessary to resolve a disagreement between their staffs on the terms of any State-issued permit.

EPA shall withdraw such comments ifsatisfied that the State has met its concerns. The State

agrees to consider all comments EPA makes on pennit applications and draft permits. The State

will satisfy or refute EPA's concerns on a particular permit application, proposed peinJit

. modification, or draft pennit in writing before issuing the permit or making the modification.

Under section 3OO8(a)(3) ofRCRA, EPA may terminate a State-issued permit in

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

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

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

CFR 271.19(e).

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
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program and shall do so in a manner consistent with RCRA as amended by HSWA, this

Agreement, all applicable Federal and State requirements, and the State's ProgramDescription.

In accordance with Idaho Code §39-4409(2), upon authorization interim status or final permits

issued by EPA prior to State authorization shall be adopted as State interim status final permits

until IDHW issues a new State permit. The State agrees to issue, modify and reissue all permits

subject to the authorized portions of the State's program in 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 after final authorization but for

which the processing may have begun before 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. Joint Pennitting Process

Pursuant to section 3006(g)(l), and in accordance with RCRA, as amended, EPA has the

authority to issue or deny pennits or those portions of permits to facilities in Idaho for the

requirements and prohibitions in or stennning from HSWA, until the State's program is amended

to reflect those requirements and prolnbitions and authorization is received for the portion or

portions of the program

EPA and Idaho hereby establish this joint pennitting process for the issuance ofRCRA

pennits in Idaho. TIJis joint pennitting process is established in accordance with section

3006(c)(3) ofRCRA. A determination on which sites may require joint permitting will be made

by the State and EPA, noted in the State Grant Workplan.

Upon authorization of the State for any ofthe provisions ofRCRA, the specifics ofthe

Joint Pennitting Agreement as set in the annual State grant work program shall be amended to

reflect the authorization. Amendment ofthis Memorandum of Agreement or the execution of a

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

of HSWA.

VI. PERMIT ADMINISTRATION

A. EPA

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

termination of those portions ofjoint StatelEPA penniis for which the State does not yet have

authority, until such time as the State adopts the provisions as a matter of State law and is

authorized for the provisions by EPA and in accordance with section VI.B of this 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 of this Agreement in accordance with 40 CFR 271.13(d), and to

modify, or revoke and reissue, such pennits as necessary to require compliance with the amended

State Program The State shall notify EPA of any 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 of 40 CFR 271.13(d), EPA will terminate the applicable Federal

pennit, or Federal portion ofthe pennit, pursuant to the procedures in 40 CPR 124.5(d), notify

the State that the pennit is terminated, and no longer administer those pennits portions of pennits

for which the State is authorized.

Where the State pennit is not equivalent to federal pennit requirements, the State may

modify, or revoke and reissue, its pennit as necessary to require compliance with its authorized

program in a manner consistent with RCRA as amended by HSWA. If the State does not

modify, or revoke and reissue, a pennit equivalent to the federal pennit, EPA will administer and

enforce its pennit until it expires or is terminated.

Upon the effective date of an 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 a manner consistent with its

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 or bring enforcement action against any person believed to be in

violation of the State or Federal hazardous waste program or belieVed to have a release of

hazardous waste or constituent. Before conducting a civil compliance/enforcement inspection of

a generator, transporter or facility, the Regional Administrator will nonnally give the State at

least seven days notice of the intent to inspect in accordance with 40 CPR 271.8(b)(3)(i). In case

of an imminent hazard to human health or the environment, the Regional Administrator may

shorten or waive the notice period. EPA agrees to make available to the State copies of any

reports and data resulting from compliance inspections within a reasonable t~ from completion

of the inspections.

Under current Region 10 policy, ifthe State makes notice to EPA that an inspection will

be made, with an inspection report 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 human health or the

environment; however, notwithstanding the above policy and as required by 40 CPR 271.8(b)(5)

no limitationson EPA compliance inspections of generators; transporters, or non-major HWM

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 inspect major

HWM facilities. Before conducting a civil inspection, EPA will allow the State a reasonable

opportunity to conduct a compliance evaluation inspection.

The frequency of EPA oversight and training inspections will be specified in the annual

State grant work program. .EPA will negotiate on an annual basis with the State the number or

percentage of the State's compliance inspections on which EPA will 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 State has not taken tim::ly and appropriate enforcem::nt action or upon

request by the State. Prior to issuing a compliance order under section 3OO8(a) EPA will give.

notice to the State pursuant to 3008(a)(2). EPA also retains its rights to issue orders and bring

actions under sections 3OO8(h), 3013 and 7003 ofRCRA and any other applicable Federal

statute.

After notice to the State, EPA may take action under section 3008 ofRCRA against a

holder of a State-issued pennit on the grounds that the pennittee is not complying with a

condition of that pennit. In addition, EPA may take action under section 3008 ofRCRA against

a holder or a 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 program requirem::nts, whether or not

that condition was included in the final pennit.

B. State

The State agrees to carry out a tim::ly and effective program for monitoring compliance

by generators, transporters, and TSD facilities (see 40 CFR 271.15). As part of this 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 program requirements. Compliance monitoring activities and priorities will be

specified in the Office ofEnforcem::nt and Compliance Assurance's bi-annual MOA guidance

and the annual State grant work program and shall be consistent with all applicable Federal

requirem::nts and with the State's Program Description. State specific activities and priorities for

compliance monitoring, TSD and generator inspections will be negotiated in the annual grant

workplan.

11. Revised 7-30-01
Individuals in the State program may be designated by the Regional Administrator as

EPA representatives under section 3007 ofRCRA, so that they can inspect facilities for

violations of the terms and conditions of Federal pennits. Designations with respect to section

3007 ofRCRA will be negotiated in the annual grant workplan or at other times upon mutual

agreement of both parties.

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 program requirements, including violations

detected by State or Federal compliance inspections. The State will maintain procedures for

receiving and ensuring proper consideration ofinformation about violations submitted by the

public.

Subject to the provisions of section 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 at least 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 of hazardous waste. Such information must be available to the public in

substantially the same manner as, and to the same degree as, that available under federal 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 information request. Examples of these

materials are final opinions or orders in case adjudication, State regulations, statements of

Agency policy, and administrative staff manuals affecting the public. In addition, records

prepared for routine public distnbution will also be made available. Examples of such

records are press releases, copies of speeches, pamphlets, and educational materials.

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

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

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

for the denial and to notify the requestor of any State jUdicial, 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. or under the Federal Freedom ofInformation

Act, 5 U.S.c. 552(a)(2), if.such exemption is recognized by the State.

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

representative ofthe press or other communication medium, or from a public interest

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

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

considered as primarily benefitting the general public.

c. Confidentiality ofBusiness Information

Pursuant to the Idaho Public Records Act, Idaho Code § 9-335 et seq.,the State agrees to

determine whether a record constitutes a trade secret pursuant to Idaho Code § 9-340(2) within

three (3) days, or, upon notice to the requestor not longer than ten (10) days from receipt of a

request for such a record. Records which have not been claimed as trade secrets by a business at

the first opportunity at or near the time ofsubmission or collection and have not been subject of

reasonable effort to maintain secrecy, and are not trade secrets within the meaning of Idaho Code

§ 9-340(2) will be released upon request without fwther notice to the business.

D. Oversight

1. The State agrees to keep a 10g of denials ofrequests for information (or a file containing

copies of denial letters sent to requestors) which will be made available to EPA during

the State review.

2. The State agrees to keep EPA fully infonned of any proposed JOOdifications to its basic

statutory or regulatory authority, its forms, procedures, or priorities, 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 Itern DesCription State Action EPA Action

I New and revised Part A application Copy to EPA Review and become

familiar with

document

2 a) LDF Operating Permit Part Bs, and Copy to EPA Review and become

subsequent revisions within 30 days of familiar with

b) Combustion Operating Permit Part Bs, receipt. documents.

including trial bum plans, and Comment as

subsequent revisions, and risk appropriate at State

assessment protocols and risk request

assessments

c) SubpartX Part B's, risk assessment

protocols, and risk assessments

3 Copies of warning letter and first Notice Copy to EPA Review for HSWA

ofDeficiency (NOD) for all TSDFs applicability, e.g. CC.

4 Copies of 2nd and subsequent Send draft 30 days Comments, if any,

NODs/Order for facilities in item 2. prior to issuance if wlin 30 days of

comments receipt

requested; final

when issued.

5 Completeness detenninations for all Send 30 days prior Monitor progress.

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 item 2, with fact sheets and days before start w/in 30 days of

public notices of public comment receipt.

period.

7 Draft permits and draft modifications for Copy to EPA with Review and comment

all other TSDFs, 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.Ql
8 Final pennits and final modifications for .Copy to EPA Review ifEPA

all TSDFs, and notices of permit 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 Tank Units 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 Plan public 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 and provide

associated documents connnents to State

during connnent

period.

14 Other documents at State's request Per State schedule Assist State to

maximum extent

possible.

,

16. Revised 7-30-01

""""
•

CORRECTIVE ACTION DOCUMENT FLOW

BETWEEN EPA AND IDAHO DEQ

Item Item Description State Action EPA Action

1 Visual Site Inspection notification letters cc: EPA Review letter· or

sent to facilities supply standard letter

for state use.

Accompany State, if

appropriate.

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

draft form when .w/in 30 days of

sent to facility for receipt, or tell State

comment will not review.

3 Final RFA Reports 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. Stabilization Evaluation Questionnaires Copy to EPA Comments, if any to

(GPRA Universe) . State w/in 30 days of

receipt

6 All work plans and reports that address Copy to EPA Become familiar with

investigation and'corrective action unless comments documents.

requirements for SWMUs at facilities requested on

with high NCAPS ranking. expedited

schedule.

7 Notices ofTechnicallnadequacy cc:EPA EPA review, if

(NOTls) and NOVs and Orders on requested.

Corrective Action Documents in item 7

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 of draft.

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. Itern Description State Action EPA Action

1 List of all 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 for joint Send to EPA for Comment to State

EPAlState inspections prior to review w/in 15 days of

finalization receipt.

2B EPA draft report for joint EPAlState Review draft EPA Final reports 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 ofinspection reports, and any time frame appropriate

follow-up reports, warning letters, action.

NOVs, and administrative orders, etc.

4 All enforcement referrals from district Send copy to EPA (Same as above)

offices to central office

5 Notice oflntent to receive hazardous Send copy to EPA Region review and

waste from a foreign source pursuant upon receipt I within take action as

to 40 CFR 265.12 5 days ofreceipt necessary

6 Notification of State that EPA will Receive notification Notification prior to

take enforcement action . and take appropriate issuing 3OO8(a) Order

response, ifrequired by telephone and lor

writing within a

specified time frame

•

18. Revised 7-30-01
,

I /)

.,

7 Notification of EPA of any State notifies EPA EPA reviews per offdetennination 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 or the environment or

otherwise affect the satisfactory

operation of the facility.

8 For all TSDFs receiving CERCLA off State will send within EPA reviews per offsite waste, Inspection Reports, NOVs, 15 days of issuance site rule, consults

Orders, Civil and or Criminal actions with State, and takes

and corrective action requirements appropriate action.

when significant RCRA violations

occur and a fonnal enforcement

response is initiated

9 Draft and final delisting decisions, Send draft to EPA 30 EPA review and

where State is authorized for delisting days before public provide comments to

notice. Send final State within 30 days

decision to EPA 15 ofreceipt of draft

days before mailing decision. EPA notify

to applicant State before State

mails final decision

to applicant ifEPA

finds serious

technical

deficiencies.

10 Citizen concerns referred to State by State investigate and EPA refer to State.

EPA report results to.EPA

w/in 30 days of

referral from EPA.

19. Revised 7-30-01