."." ,.'

Final Draft 6/13/85

MEMORANDUM OF AGREEMENT

OtITLINE

I. GENERAL

II. RESPONSIBILITIES

A. Policy Statement

B. Information Sharing

1. EPA General Program Information Transfer

2. State General Program Information Transfer

3. Emergency Situations and Information Transfer

4. Confidentiality

C. Frequency and Content of Reports

D. Conditions for State Program Review

E. Permit Issuance

1. EPA

2. State

F. Provisions for Enforcement and Compliance Monitoring

1. State

2. EPA

3. Site Visits

4. Enforcement Agreement

G. Provisions for Modification of the MOA
.---'" r: :.

''';0;;-

MEMORANDUM OF AGREEMENT

BETWEEN

THE STATE OF WASHINGTON

AND

:.~,

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION X FOR" INTERIM AUTHORIZATION

PHASE I AND PHASE II, COMPONENTS A AND B

I. General

This Memorandwn of Agreement (hereafter "Agreement") establishes

policies, responsibilities, and procedures pursuant to 40 CFR 123.126

for operation of the State of Washington's Hazardous Waste Management

Program (hereafter "State Program") authorized under Section 3006(C)

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

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

States Environmental Protection Agency (hereafter EPA) Regiona I

Office for Region X. This Agreement further sets forth the manner

in which the state will coordinate with EPA in administering the

State Program.

This agreement is entered into by the Director of the Washington

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

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

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

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

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

oversight and enforcement responsibilities under RCRA. Nothing in

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

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

during preparation of the annual State Grant Work Program (hereafter

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

Section 3011 of RCRA.

This Agreement may be modified upon the initiative of either party

in order to ensure consistency with state program modification or

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

and the Regional Administrator.

This Agreement will remain in effect until the State withdraws from

authorization or until such time as state program authorization is

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

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

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Final authorization will require the execution of a new Memorandum

of Agreement.

Until the State's program is amended to reflect the Federal requirements in or stemming from the Hazardous and Solid Waste Amendments

of 1984 (HSWA) and such program amendments receive interim or final

authorization, the Administrator shall have the authority in the

state to carry out the provisions required by HSWA. The state and

the administrator shall jointly have the authority to issue or deny

federal RCRA permits with the administrator having authority over

those portions of permits affected by the new requirements.

Unless otherwise stipulated, this Agreement, and any subsequent

modifications made, will take ~ffect immediately upon being signed

by the Director and the Regional Administrator.

11. RESPONSIBILITIES OF PARTIES

A. Policy Statement

Each of the parties to this Agreement is responsible for

ensuring that its obligations under RCRA are met. The Director

and the Regional Administrator agree to maintain a high level

of cooperation and coordination between state and EPA staffs in

a partnership to assure successful and effective administration

of the state authorized program.

The state has primary authority and responsibility for all

aspects of the authorized hazardous waste program within its

boundaries. Under interim authorization, Washington will have

responsibility for coordination of the program with other

authorized states and with EPA in states without authorization.

The state expects to have minimum resources for implementing

this program and will prioritize activities through the annual

i--------------------stat-e-work---plan-and-accompli-sh--them-in-order __ o.L'p.r.i.o.r.Lt.y., - _

EPA will keep the Director informed of the content and interpretations of federal statutes, by providing regulations,

guidelines, standards, policy decisions, directives, and any

other factors that affect the state program. EPA also will

provide training and general technical assistance to the state.

B. Information Sharing

1. EPA General Program Information Transfer

EPA agrees to provide copies of all Notification Forms

(8700-12), including issued EPA identification numbers

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

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

Agreement.

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material

These

and

I'~ ~.::.• 1

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

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

identification numbers, submitted by persons located in

the state after the date of this agreement.

EPA agrees to transfer to the Director or his designee

copies of all Part A and Part B hazardous waste management

facility permit applications originally submitted to EPA

under 40 eFR 122.22 by facilities located in the state

b~fore the date of this Agreement.

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

copies of Part A and Part B permit applications submitted

directly to EPA after the effective date of this Agreement.

EPA will keep the department informed of all proposed or

adopted federal regulations as promulgated in the Federal

Register adopted pursuant to RCRA or required of another

federal agency to implement the full scope of the state

approved hazardous waste management program.

EPA agrees to compile the data (compliance inspections,

letter of compliance, and enforcement letters) submitted

by the state and produce the Quarterly Statistical and

Narrative Non-Compliance Reports.

EPA will assist the department in obtaining publications

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

publication developed by EPA, EPA contr.actor, or other

federal agency related to the development of a state

approved hazar.dous waste management program.

EPA agrees to make available to the state copies of any

reports and data resulting from compliance inspections

within sixty (60) days of completion of the inspection.

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

information necessary for the development and maintenance

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

EPA agrees to make available to the state copies of

received in response to notices sent to facilities.

notices requested information on solid waste units

prior releases which will require corrective action.

EPA agrees to share enforcement sensitive information1

with the state except for criminal referrals and court

):. 1 Enforcement sensitive information is defined as all information,

written or otherwise, that mayor does concern potential or pending

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specified materials. However, enforcement sensitive information will not be released without written consent of the

agency generating the information. The state agrees to

take appropriate·precautions to ensure such information is

not further distributed.

2. State General Program Information Transfer

The state agrees to inform the Regional Administrator of

any program changes which would affect the state's ability

to implement the authorized program. Program changes of

concern include modification of state legal authorities

(statutes, regulations, judicial decisions), modifications

of interagency agreements or modifications of resource

levels.

The state agrees to require new generators, transporters,

and hazardous waste management facilities to obtain identification numbers consistent with the Dun and Bradstreet

Data Universal Numbering (DUN) system for businesses and

General Service Administration Real Property Number, or

equivalent, for governmental agencies. EPA and the state.

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

TSD facilities who notify the state. The state will receive

and review all new notifications of dangerous waste activities and send to EPA for an identification number assignment. The state will then inform the requestor of the new

identification number. Both EPA and the state will work

as rapidly as possible to provide identification numbers

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

updates or changes in previously submitted notification

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

"Administratorwittlintwenti worKing~"aa-jsoT-receipt:~---"-----

The state agrees to coordinate with the Regional Administrator C

and share permit information as necessary for joint permit

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 interagency and

intraagency documents or correspondence remain enforcement sensitive

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

court involvement.

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3.

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The state agrees to submit to EPA copies of inspection

reports for all EPA oversight inspections. If such reports

do not constitute a sufficient number, EPA and the state

will negotiate an additional number of inspection reports

to be submitted to EPA by the state.

Emergency Situations and Information Transfer

Upon receipt of any information that the handling, storage,

treatment, transportation, or disposal of hazardous waste

is endangering human health or the environment, the party

in receipt of such information shall immediately notify by

telephone the other party(ies) to this agreement of the

existence of such situation. A list of appropriate contacts

will be maintained and updated as a part of the annual

program plan.

4. Confidentiality

EPA Agrees to furnish to the state information in its

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

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

the state information submitted to EPA under a claim of

confidentiality which the state needs to implement its

program. All confidential information EPA agrees to transfer

to the state will be transferred in accordance with the

requirements of 40 CFR Part 2.

Any information obtained or used in the administration of

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

under a claim of confidentiality, the state must submit

that claim to EPA when providing information. EPA will

treat all information submitted to it with a claim of

confidentiality in accordance with the procedures of 40

CFR Part 2.

Frequency and Content of Reports

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

reports, and other information.

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

Compliance monitoring and enforcement report

2. Quarterly

Permit status report

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,-..

, \

3. Annual

Annual

number

state,

number

4. Biennial

program reports containing information on the

of generators and major facilities in the

the quantities of wastes handled, and the

of anticipated inspections for the next year.

Biennial report summarizing the quantities and types

of hazardous waste generated, transported, treated,

stored, and disposed in the state as specified in the

RCRA gu i.dance , by October 1 of each even-numbered

year.

5. Other

Additional reports as negotiated in' the state Work

Program.

D. Conditions for State Program Review

The Regional Administrator will assess the Director's administration and enforcement of the state program on a continuing

basis for consistency with RCRA, with this Agreement, and with

all applicable federal requirements and policies. This program

evaluation will generally be accomplished by an EPA review of

the information submitted by the Director in accordance with

this Agreement and the State Work Plan, permit overview, compliance and enforcement overview, and review of state program

activities. The Regional Administrator may also consider, as

part of this regular assessment, written comments about the

state's program administration and enforcement that are received

from regulated persons, the public, and federal, state, and

--------.-l-o-c-a-l-a-gen-c'i-e-s-;---Coptes--of--any--such--comment-s---re ce ived--by-the-------------

Regional Administrator will be provided to the Director.

The following approach to state program review will generally

be followed by EPA and the state. All significant concerns

raised during EPA review of the information submitted by the

state in accordance with this agreement and the work plan will

be submitted in writing to the State Hazardous Waste Program

Assistant Director. All EPA concerns raised as a result of

permit overview, compliance and enforce~ent overview, and review

of State Program activities will be submitted by EPA to the

State Hazardous Waste Program Assistant Director.

The review of State Program activities shall be conducted as a

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

review, including any associated audit of the state regional

office operations, shall be scheduled with written notice at

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

more frequent than quarterly and shall become less frequent as

the state program matures and good performance is consistently

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demonstrated. The scheduling shall include a jointly agreed to

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

and commitments outlined in the National Program Criteria and

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

EPA will provide written notice to the state at least

prior to conducting any other review of state files.

emergency situations, the IS-day notice may be waived,

prior notice is still required.

15 days

Under

however

To ensure effective program review, the Director agrees to

allow EPA access to all files and other information requested

by the Regional Administrator and deemed necessary for

evaluating state program administration and enforcement.

Program review meetings between the Director and the Regional

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

procedures and schedules, to resolve problems, and to discuss

mutual program concerns. These meetings must be scheduled at

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

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

at least one week before the meeting date, unless o~herwise

agreed upon.

Permit Issuance

1. EPA

Under Interim Authorization, EPA has suspended issuance of

federal permits for activities subject to Components A and

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

the state will issue joint permits for activities subject

to Components A and B if there are RCRA 1984 Amendment

requirements involved for which the state has not been

authorized.

For facilities which received a federal RCRA permit prior

to the date 9f 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, i.denti ca L conditions as the federal permit.

In these instances, the jointly issued/identical state

permit will be considered a RCRA permit.

EPA may comment in writing on draft permits or proposed

permit modifications for facilities (whether or not EPA

commented on the permit application) during the public

comment period which will consist of 45 days from when the

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

would be inconsistent with the approved program, EPA will

follow 40 CFR 123.134 in providing comments. These comments

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will be in writing to the department and will include 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 department prior to sending a copy of the comment

to the permit applicant. EPA shall withdraw such comment

when satisfied the state has met or refuted the concern.

Upon a request by the state, EPA will provide technical

assistance for permit issuance. This assistance could be

in the form of using the "permit assistance team."

2. State

Under Interim Authorization, the state will continue the

permit issuance activity initiated jointly with EPA prior

to authorization for facilities subject to Phase II Components A and B unless the state and EPA agree to terminate

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

state will issue joint permits for activities subject to

Components A and B if there are RCRA reauthorization

requirements involved for which the state has not been

authorized. Annual commitments for the timely call-in and

issuance of permits for all facilities subject to Phase II

Components A and B will be reflected in annual state work

plans.

The state is responsible for drafting, circulating for

public review and comment, issuing, modifying, reissuing,

and terminating RCRA permits covered by Phase I and Phase II

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

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

-------.- --~.-----.--------activities-wHl--be--done-joint-ly-by--EPA-and-t-he--st-at-e.--- - -----r:-.----- o..~ .1J/JJ

The state agrees to consider all timely comments EPA makes CL~)t~ on permit applications and draft permits before or during vr

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

EPA's concerns on a particular permit application, proposed

permit application, or draft permit and, if appropriate,

will response in writing before issuing the permit or

making the modification.

The state agrees to issue, modify or reissue permits in

accordance with all applicable state permitting regulations.

The state agrees that any compliance schedules contained

in permits will require compliance with the Dangerous

Waste Regulations.

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F. Provisions for Enforcement and Compliance Monitoring

Upon 't"~~). authorization,' the state has primary responsibility

for cOintfliance and enforcement actions within the approved

state program and under state 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 and EPA agrpp

that the following elements are mandatory for an effective

enforcement and compliance monitoring program under final authorization; 1) clear oversight criteria specified in advance

for program performance evaluation, 2) clear criteria for direct

federal enforcement specified in advance with written procedures

for advance consultation and notification, and 3) adequate

state reporting to ensure effective oversight.

1. State

The state agrees to carry out a timely and effective program

for monitoring the compliance of generators, transporters,

and facilities with applicable program requirements. As

part of this program, the state will conduct compliance

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

standards, permit requirements (including late or deficient

Part B applications) compliance schedules, and all other

program requirements, including violations detected by

state or federal compliance inspections. A compliance and

enforcement tracking system is operated by the state to

ensure timely and appropriate enforcement actions, ensure

adequate compliance follow-up, monitor compliance rates,

assess categories and violations and report necessary,

accurate, and timely compliance and enforcement information

to EPA for the purposes of oversight and program performance

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

specified in the annual state work program and shall be

consistent with applicable federal requirements and with

the state's program description.

Timely and appropriate state enforcement response will be

based on a department approved enforcement policy for

dangerous waste program violation. This policy will be

consistent with state requirements for ensuring that all

major threats to the environment and public health are

treated effectively.

In civil enforcement proceedings, the department agrees

not to oppose intervention allowed under Civil Rule for

Superior Court 24, on the grounds that the applicant 1 s

interest is adequately represented by the state.

The state agrees to retain all records for at least three

years unless there is an enforcement action pending. I II

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2.

that case all records will be retained for at least three

years after such action is resolved.

EPA

EPA's p. 'mary role in enforcement and compliance monitoring

under i~f authorization shall be that of oversight as

describe Ln Section II.A. and in accordance with oversight

criteria and measures and oversight procedures and protocols

as set forth in this agreement. Deviations to these procedures will only occur in unusual circumstances where

warranted. EPA has the right to inspect any hazardous

waste generator, 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 inhibit EPA's

independent authority to issue orders and bring actions

under Sections 3008, 3013, and 7003 of RCRA or any other

applicable federal statute.

For the purposes of oversight of compliance inspections

and enforcement EPA shall maintain a policy of "no surprises"

to ensure the productive use of limited state and federal

resources and an effective "partnership" in achieving

compliance. This principle should be applied to all aspects

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

information, and management data swmnaries upon which

state and national performance is assessed.

In order to guarantee that there is ample advance

notification, EPA agrees to confer with the state to

establish agreement in writing and reach a clear, consistent understanding on the following matters:

- ------~----- ---------------------Aavance-notiT1cat-ion-of-- i:ntended---tnspections--and--------------

enforcement actions;

Specific identification of who will be notified;

How the notification will be done;

When the notification will occur;

Define the process of state/federal consultation and

dispute resolution on enforcement actions and policy

and regulatory interpretation.

The written agreement to be established on the above

matters is incorporated by reference in this memorandum of

agreement.

------. EPA also agrees to inform the state in writing of any \

national or regional policy changes or program direction \

changes and__ w!.g$enerally allow the state 9Q 4a.:Y~.. to J imp.l.~~ent those changes-:- --._. --- --' - -~ . -- -._.~

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

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

11
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follow-up activities, and enforcement actions. The state

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

first quarter and 30 days prior to the beginning of each

subsequent quarter a list of facilities to be inspected

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

the first quarter and the first week of each subsequent

quarter, EPA will submit to the state a list of the facilities to receive an ove r s i ght, inspection (approximately

10%). Specific inspection dates will be scheduled later

with the appropriate inspector at least 16 working days

before inspection is to occur. If EPA has a concern about

a particular facility or compliance situation, EPA shall

-request in writing that the department perform an inspection

within 15 working days. If the state performs a compliance

..insp.e.c.tion and submits a report and data relevant thereto

. / ·within that time to EPA, no EPA inspections will be made, IF unless the Regional Administrator deems the state report

and and data to be inadequate. The Regional Administrator

may shorten or waive notice periods in emergency situations,

but in all cases will inform the state before going on-sit~.

The Regional Administrator may take enforcement act ion

against any person determined to be in violation of the

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

After written prior notice to the state, EPA may take

action under Section 3008 of RCRA against a holder of a

state issued permit on the ground that the permittee is

not complying with a condition of that permit.

This Agreement will be modified to reflect approved state

and national enforcement policies.

In addition, EPA may take action under Section 3008 of

RCRA against a holder of a state issued permit. This

action will be based on any unresolved formal comments

that were made by EPA during the public review and issuance

of that permit. EPA shall give advance written notice of

such action to the state.

3. Site Visits

EPA is responsible for maintaining reliable national data

on hazardous waste management. These data are used to

report to the President and Congress on the achievements

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

it needs to obtain certain information, EPA will first

seek to gain this information from the state. The state

agrees to reply in a reasonable time to the Regional

Administrator with this information if readily available

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

the information or if it is necessary to supplement thp

state information, EPA may conduct a special surveyor

perform information collection site· visits a f t e r prior

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notification to the state. EPA will share with the state

in a timely fashion any national or regional reports

developed by EPA as a result of such information collection.

4. Enforcement Agreement

The RCRA Enforcement Agreement will be included as Attachment

A to this Agreement. The intent of the Enforcement Agreement

is to provide a basis for implementing an effective state/

federal enforcement relationship. The Enforcement Agreement

identifies oversight criteria, standards for assessing

compliance and enforcement performance standards, protocols

for notification, consultation, overfiling on RCRA enforcement matters, and state reporting. This Enforcement Agreement

also delineates the relationship of the state enforcement

policy to the compliance strategy and the Enforcement

Agreement itself. The objective of the Enforcement Agreement

is to maintain a stable, predictable, and coordinated

enforcement presence.

G. Provisions for Modification of the MOA

This Agreement may be modified upon the initiative of either

party to ensure consistency with state program modifications or

for any other purpose mutually agreed upon. Any revisions or

modifications must be in writing and must be signed by both the

Director and the Regional Administrator.

For the State: For the Federal Government:

STATE OF WASHINGTON U.S. ENVIRONMENTAL PROTECTION

AGENCY, REGION X ~----- ~-_._---- .._~-- _.- - -._~ ---_._-----~-- -._---- --~- --------- ----~-------_._-- DEPARTMENT OF ECOLOGY

~y: By:

Title: Title:

Date: Date:

13
·-.

Final Draft 6/13/85

MEMORANDUM OF UNDERSTANDING

COOPERATIVE ARRANGEMENT BETWEEN

THE U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION 10

AND THE STATE OF WASHINGTON

Relating to the cooperative administration of the laws enacted by the

United States of America under Subtitle C of the Resource Conservation

and Recovery Act of 1976, as amended (Pub. L. 94-58, 42 U.S.C. 6901

et. seq. hereafter "RCRA" or "the Act") and the laws of the State of

Washington to protect health and the environment by permitting hazardous

waste disposal facilities.

I. Preamble

The Regional Administrator, U.S. Environmental Protection Agency,

Region 10, (hereafter "EPA" or "Regional Administrator") and the

Director of the Washington Department of Ecology (WDOE) , designated

as the lead agency for the State, (hereafter "Director" or "the

State") enter into the Cooperative Arrangement (hereafter

"Arrangement"). The purpose of this Arrangement is to implement as

effectively as possible EPA's responsibility for permitting land

disposal facilities (Phase II Component C) under RCRA through the

cooperative efforts of EPA and the State.

II. Authority and Responsibility

EPA has the authority to enter into this Arrangement pursuant to

3011 of RCRA for the purpose of funding elements of the hazardous

waste management program under RCRA. This Arrangement is entered

into between EPA and the State because the State has not received

Interim Authorization for Phase II Component C.

It is understood that EPA retains full and ultimate responsibility

-----------for--tne--aaminist:r a t:Hfli-and---enfoYcement- '0 f--tne--Phase-I-I-Component-G

Federal hazardous waste management program in Washington and that

nothing in- this Arrangement shall be construed to limit EPA's

authority under RCRA.

III. EPA Overview of State Activities

The Regional Administrator may request and the Director shall

submit information and provide access to all files necessary for

oversight and evaluation of the State's performance of functions

described in this Arrangement. If, in the judgment of the Regional

Administrator, any performance of functions is inconsistent with

this Arrangement, or current Federal policies, regulations, or

laws, he/she shall notify the State and may take any actions

specified in 40 CFR Part 35.712.

State Notification of Program Changes

As soon as the Director has information concerning any substantial

proposed or actual change of any pertinent statute, regulation,

directive, significant judicial decision, or form, any of which the
~_._---------~- --~---- -- ---------

r>.

Director has agreed to make use of in connection with this

Arrangement, the Director shall -notify the Regional Administrator

and transmit the text of any such change to the Regiona 1

Administrator. Within 30 days, the Regional Administrator shall

_determine whether the proposed change would restrict the authority

of the State to perform in accordance with this Arrangement. Such

change may be cause for termination, according to 40 CFR 30.920, et.

seq., of the Cooperative Agreement negotiated pursuant to this

Arrangement.

IV. Permit Issuance - Land Disposal Facilities

A. Permit Issuance Authorities

By the regulations of 40 CFR Part 264, EPA has requirements

for permitting of land disposal facilities, including surface

impoundments, waste piles, landfills and land treatment

operations. These regulations were promulgated July 26,

1982.

By the regulations of Chapter 173-303 WAC, the State has

requirements to permit these same kinds of facilities. These

regulations were adopted April 17, 1984 and became effective

May 17, 1984. With limited exceptions, as discussed below,

these authorities are not included in the State's Phase II

interim authorization. Furthermore, the State is not yet

authorized to implement new authorities provided under the

November 1984 amendments to RCRA. Therefore, EPA and the State

will be jointly calling for and processing permit applications

for disposal facilities until final authorization is achieved

for Component C.

As described in the August 2, 1983 Federal Register approving

interim authorization for the State of Washington, the interim

authorized program includes permitting for a limited class of

surface impoundments_ and waste piles -- those facilities originally inel~ded;J-iIL~t}l~.-.Ph.a~~ Ll Component. A rules promulgated

by EPA on Jamici"iyi'i;--1981 -.- : These standards (for double lin-ed

impoundments and for lined waste piles used for storage or

treatment of wastes) were subsequently incorporated into the

July 26, 1982 amendments. The State's rules, as adopted on

March 26, 1982 at WAC 173-303-650 and 660, corresponded to the

EPA January 12, 1981 rules. WDOE retains its Phase II interim

authorization for permitting a limited universe of surface

impoundments and waste piles. These are impoundments or piles

which can be permitted under the provisions of WAC 173-303-650

and 660 to be exempt from the WAC 173-303-645 requirements for

ground water protection and which are permitted to require

removal or decontamination of all waste material and residues

at c l o sure. All other impoundments and piles and all other

land disposal facilities are subject to EPA's Part 264 and

Part 270 permitting requirements until the State achieves final

authorization.

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EPA and the State do not believe there are presently any

surface impoundments or waste piles which can satisfy the

requirements for exemption described above. Accordingly, EPA

and the State expect to process permits for surface impoundments, waste piles, landfills, and land treatment operations

as joint permits until final authorization is achieved.

B. Joint Permitting Procedures

Because EPA and the State each have permit issuance authorities,

permits will be called for and processed jointly, incorporating

terms and conditions necessary to satisfy Federal and State

requirements. Where a disposal facility has other storage/

treatment processes, the application for these other units will

be processed under the terms of the interim authorization for

Phase II Components A and B.

Where a facility closes under interim status in lieu of receiving

an operating permit, WDOE has lead responsibility for reviewing and approving the closure plan and jointly with EPA terminating interim status for land disposal facilities.

EPA Agrees To

Call for remaining Part B

application in accordance

with schedule agreed to with

WDOE

Conduct compliance evaluation

and permit review meeting with

applicant

State Agrees To

Call for remaining Part B

application (including

storage/treatment components)

Conduct compliance evaluation

and permit review meeting

with applicant

Review application for Review application for -----~ ---~--------_.-~compre~e-ness-~----------~-_. ·comp-te terre s·s·---------.-

D.

Secure additional information

Declare application complete

Draft permit conditions

Issue joint notice/hold hearing

Issue (deny) permit

SEA Fy,iwork Plan

Secure additional information

Declare application complete

Draft permit conditions

Issue joint notice/hold

hearing

Issue (deny) permit

The joint permitting procedures for land disposal facilities

stated in this section will be applied to the number of facilities

agreed to under the permitting task of the FY 86 work plan.

- 3 -
V. Effective Date

Unless otherwise stipulated, this Arrangement and any subsequent

modifications will take effect immediately upon being signed by

the Director and the Regional Administrator.

VI. Amendments

This Arrangement may be amended or modified by mutual written

agreement signed by both the Director and the Regional Administrator.

The Arrangement will be reviewed and amended, as necessary, in conjunction with development of the State's annual work program for

Federal fiscal support.

VII. Termination

This Arrangement will terminate when the State receives Final

Authorization according to the provisions of 40 CFR 271 or on the

date on which all Interim Authorizations end, whichever is earlier.

It may also terminate at any time in accordance with 40 CFR 30.920,

et. seq.

· "

Department of Ecology

By

Date

U.S. Environmental Protection

Agency, Region 10

By

Date

- 4 -
"

.. -\

MEMORANDUM OF AGREEMENT

OUTI..INE

L GENERAL

II, RESPONSIBILITIES

A. Policy Statement

B. Information Sharing

r--..

1. EPA General Program Information Transfer

2. State General Program Information Tran.sfer

3. Emergency Situations and Information Transfer

4. Confidentiality

C. Permit Issuance

1. EPA

2. State

D. State Program Review

E. Enforcement

1. Identification of "Hajor" Hazardous Waste Management

Facilities

2. Compliance Monitoring

3. Enforcement Actions

F. Specific State Program Implementation Agreements

._----------,
MEMORA1'IDUM OF AGREEMENT

BE1\olEEN

THE STATE OF WASHINGTON

AND

THE UNITED STATES E~~IRONMENTAL PROTECTION AGENCY

REGION X FOR INTERIM AUTHORIZATION

PHASE I AND PHASE II, CO}~ONENTS A AND B

I. GENERAL

This Memorandum of Agreement (hereaf ter "Agr eemen t ") establishes policies,

responsibilities, and prqcedures pursuant to 40 CFR 123.126 for operation

of the State of Washington's Hazardous Waste Management Program (hereafter

"State Program") authorized under Section 3006 (C) of the Resource Conservation and Recovery Act (hereafter ltRCRAlt or "the Ace' of 1976 (Pu , L. 94-580,

USC 6901, ~~) and the United States Environmental Protection Agency

(hereafter EPA) Regional Office for Region X. This Agreement further sets

forth the manner in which the state will coordinate t~ith EPA in administering

State Program.

This agreement is entered into by the Director of the Washington State Department of Ecology (hereafter "Df.r ec cor " or tithe State"), the lead agency for the

state program (as designated by the state pursuant to 40 CFR l23.l24(b» and

the Regional Administrator, EPA, Region X (hereafter "RegLona L Administrator"

or" ltEPAtI ) .

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

and enforcement responsibilities under RCRA.

---------Tlie parties will review this Agreement -jointlyatleast onc~ayearduring

preparation of the annual State Grant v70rk Program (hereafter ,"State Work

Program"), in connection with grant funding under section 3011 of RCRA.

This Agreement may be modified upon the initiative of either party in order

to ensure consistency with state program modification or for any other

purpose mutually agreed upon. Any revisions or modifications must be in

writing and must be signed by both the Director and the Regional Administrator.

This Agreement will remain in effect until the State wi.thd raws from authorization

or until such time as state program authorization is withdrawn by EPA, according

to the provisions of 40 CFR 123.136, or reverts to EPA according to the provisions of 40 CFR 123.137.

Final authorization will require the execution of a new Memorandum of'Agreement.

Unless otherwise stipulated, this Agreement, and any subsequent modifications

made, will take effect immediately upon being signed by the Director and

the Regional Administrator.

--,
II. RESPONSIBILITIES OF PARTIES

A. Policy Statement

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

its obligations under RCRA are met. The Director and the Regional

Administrator agree to maintain a high level of cooperation and coordination between state and EPA staffs in a partnership to assure successful and effective administration of the state authorized program.

The state has primary authority and responsibility for all aspects of the

authorized hazardous waste program. Under interim authorization, Washington will have responsibility for coordination of the program with other

authorized states and with EPA in states without authorization. The

sta te expects to have minimum resources for implementing this program and

will prioritize activities through the annual state work plan and accomplish

them in order of priority.

EPA will keep the Director informed of the content and interpretations of

Federal statutes, by providing regulations, guidelines, standards, policy

decisions, directives, and "any other factors that affect the state program ..

EPA also will provide general technical assistance to the state.

B. Information Sharing

1. EPA General Program Information Transfer

EPA agrees to provide copies of all Notification Forms (8700-12),

including issued EPA identification numbers from hazardous waste

generators, transporters, and treatment, storage, and disposal

facilities located in the state to the Director within thirty

(30) days of this Agreement.

___EPA_wil LraLso.cp.rov.Lde,-within-thi.t;ty--(-3O}-d-ya-s-of-t"-ec-eipt:=--,-cop-ies

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

number, submitted by persons located in the state after the date

of this agreement.

EPA agrees to transfer to the Director or his designee copies of

all Part A and Part B hazardous waste management facility permit

applications originally submitted to EPA under 40 CFR 122.22 by

facilities located in the state before the date of this Agreement.

Permit applications, not already transferred to the state, will be

provided to the Director or his designee within thirt.y (30) days

of the execution of this Agreement.

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

of Part A and Part B permit applications submitted directly to

EPA after the effective date of this Agreement.

EPA will keep the department informed of all proposed or adopted

Federal regulations as promulgated in the Federal Register adopted

pursuant to RCRA or required of another Federal agency to implement the full scope of the State approved hazardous waste management program.

EPA agrees to compile the data (compliance inspections, letter of

compliance, and enforcement letters) submitted by the state and

-2-
l " .- .,,--" , .-..

produce the Quarterly Statistical and Narrative Non-Compliance.

Reports.

EPA will assist the department in obtaining publications of any

environmental impact or assessment statement, technical support

document, guidance document, or any other publication developed

by EPA, EPA contractor, or other Federal agency related to the

development of a State approved hazardous waste mana.gement program.

EPA will make available to the Director all updated information

developed by EPA (e.g., permits) or other information as requested

which the state needs to implement its approved program including

automatic data processing (ADP) computuer files.

2. State General Program Information Transfer

The State agrees to inform the Regional Administrator of any program changes which would affect the State's ability to implement

the authorized program. Program changes of concern include

modification of State legal authorities (statutes, regulations,

judicial decisions), modifications of interagency agreements or

modifications of resource levels.

The State agrees to submit to the Regional Administrator the following documents, reports, and other information:

Make available within 30 days of compliance inspections n

completed inspection report including any compliance letters

and schedules.

Semi-annual progress report summar1z1ng the State's efforts

in meeting the requirements of the "Authorization Plan."

Quarterly forecasts of the facilities to be inspected for the

upcoming quarter, by two weeks before the beginning of the

quarter. EPA will inform the State of the facility inspections

in which EPA will participate (approximately 5% annually). The

State will provide EPA with at least two weeks notice of the

final date for inspection of such identified facilities.

The State agrees to require new generators, transporters, and hazardous waste management facilities to obtain identification numbers

consistent' with the Dun and Bradstreet Data Universal Numbering (DUN)

system for businesses and General Service Administration Real Property

Number, or equivalent, for governmental agencies. EPA and the state

will praticipate in a joint effort to assign DUN identification

numbers to all new generators, transporters, and TSD facilities who

notify the state. The state will receive and review all new notifications of dangerous waste activities and send to EPA for an identification number assignment. The state will then inform the requestor

of the new identification number. Both EPA and the state will work as

rapidly as possible to provide identification numbers to new notifiers.

The sta t e agr eas to submit to the Regional Administrator the following

permit information as frequently as noted below for "major hazardous

waste facilities."

-3-
",

ITEM DESCRIPTION

a. A copy of permit applications

originally submitted to the

state and subsequent revisions

or additions to these applications after the effective

date of this Agreement by all

major hazardous waste facilities.

b. Copies of draft permitsr proposed permit modifications,

and accompanying explanatory

material for all major hazardous waste facilities.

c. Copies of final permits for all

hazardous waste facilities.

.,--..,

: . -.~

FREQUENCY OF SUBMISSSION

Within 30 days of their receipt

by the state.

Within five working days of their

completion.

Within 30 days of their issuance.

3. Emergency Situations and Information Transfer

Upon receipt of any information that the handling, storage, treatment, transportation, or disposal of hazardous waste is endangering human health or the environment, the party in receipt of such

information shall immediately notify by telephone the other party(ies)

to this Agreement of the existence of such situation. Each party

will notify cooperating response agencies according to their

respective oil and hazardous substance spill plans. Such notification

shall include name oJ_g~nerator or facilit~,__ad_dr_e_ss__of_emergency_, _ --------- --~---------EPAidentification number, nature of emergency, action being taken

by notifier, and action requested by notifier or other party(ies) ',

4. Confidentiality

All of the information EPA transfers to the state will be provided

subject to the terms of 40 CFR Part 2.

Any informa tion obtained or used in the administration of the state

program shall be available to EPA without r.estriction. If information has been submitted to the state under a claim of confidentiality, the state must inform EPA of such claim. EPA will treat all

information submitted to it with a claim of confidentiality in

accordance with the procedures of 40 CFR Part 2.

C. Permit Issuance

1. EPA

Upon approval of the State program, EPA will suspend issuance of

Federal permits for activities subject to Components A and B of

Phase II (unless legally unable to do so) where permitting has

been a joint State/Federal process. For facilities which received

,-4-
2~

a Federal RCRA permit prior to the date of authorization, EPA will

seek permittees' agreement to terminate the Federal permit where

a State issued permit was developed jointly with EPA and contains

at a minimum, identical conditions as the Federal permit. In these

instances, the jointly issued/identical State permit will be considered a RCRA permit.

EPA may comment in writing on draft permits or proposed permit modifications for major facilities (whether or not EPA commented on the

permit application) during the public comment period which will

consist of 45 days from when the announcement is given by public

notice. Where EPA indicates that issuance, modification or reissuance of a major permit would be inconsistent with the approved

program, EPA will follow 40 CFR 123.134 in providing comments.

These comments will be in writing to the department and will include

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 department prior to sending a

copy of the comment to the permit applicant. EPA shall withdraw

such comment when satisfied the State has met or refuted the concern.

Upon a request by the State, EPA will provide technical assistance

for permit issuance. This assistance could be in the form of using

the "permit assistance team."

State

Upon approval of the state program, the state will continue the permit issuance activity initiated jointly with EPA prior to authorization for facilities subject to Phase II Components A and B

unless the state and'EPA agree to terminate the process on a caseby-case basis. ~9JL«~Q~i~~~~~e,~~~~~~n.EaDd~

~UGJ!!~ji~~~!~~~rC~~l~f1lSoi>1~;i;~~?~,~~·~~~.~~t~~ ' -----.---- ---·-~4.:.ftn4~'\'~rijdiT;;b£3;;E~i:J;~C·t~~~~9tate' .wo~k:JPlaQ$. :

i

I

The state is responsible for drafting, circulating for public review

. and comment, issuing, modifying, reissuing, and terminating RCRA

permits covered by Phase I and Phase II Components A and B in a

manner consistent with RCRA, the Memorandum of Agreement, and all

applicable Federal requirements.

The state agrees to consider all comments EPA makes on major permit

applications and draft major permits before or during the 45 day

public comment period. The state will consider EPA's concerns on

a particular major permit application, proposed major permit

application, or draft major permit and, if appropriate, will respond

in writing before issuing the permit or making the modification.

The state agrees to issue, modify or reissue permits in accordance

with all applicable state permitting regulations.

The state agrees that any compliance schedules contained in permits

will require compliance with the Dangerous Waste Regulations.

-5-
D. State Program Review

The Regional Administrator will assess the Director's administration and

enforcement of the state program on a continuing basis for consistency

with RCRA. with this Agreement, and with all applicable Federal requirements and policies. This program evaluation will generally be accomplished by an EPA review of the information submitted by the Director in

accordance with this Agreement and the State Work Plan. The Regional

Administrator may also consider, as part of this regular assessme.nt,

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.

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 admi.nistration and enforcement.

Review of department files may be scheduled at quarterly intervals.

Program review meetings between the Director and the Regional Administrator or their assignees will be scheduled at reasonable intervals not less

than annually to review specific operating procedures and schedules, to

resolve problems, and to discuss mutual program concerns. These meetings

must be scheduled at least thirty (30) days in advance of the meeting,

with a final agenda prepared by EPA and submitted to the Director for

comments, at least one week before the meeting date, unless otherwise

agreed upon.

E. Enforcement

1. Identification of ~~jor Hazardous Waste Management Facilities and

Generators --_._------

The Director agrees to develop with EPA a criteria for listing of

major hazardous waste facilities and selected generators and transporters located within the state. This criteria is a part of the

program description. EPA or the state may, based on the criteria,

add or delete facilities, generators or transporters to the list

(the list to be prepared by the 3rd Quarter of FY 83) and shall

notify the other party in writing. However, the deletion of any

major facility from the list must be agreed to in writing by both

parties. This list will be reviewed and updated at least annually

by both the state and EPA as part of the State Work Program process.

This review and update does not require a formal amendment to this

agreement.

Since the final listing of "major" facilities based on state criteria

has not been currently agreed upon the current EPA's list of "major"

facilities will apply until such time as the state criteria and list

of "major" facilities is finally agreed upon.

-6-

! . ,

i
.~

2. Compliance Monitoring

The state agrees to operate a timely and effective compliance mon~toring program to assess compliance with facility standards, and generator

and transporter requirements consistent with established priorities.

The state will monitor, evaluate, and take appropriate action for

violations of all reporting requirements by dangerous waste generators,

transporters, and facilities consistent with established priorities.

This shall include a timely substantive review of such reports to

determine the compliance status of persons filing the reports. The

state agrees to retain all records for at least three years unless

there is an enforcement action pending. In that case all records

will be retained until such action is resolved.

The state agrees to carry out a program for monitoring the compliance

by generators, transporters, and facilities with applicable program

requirements consistent with established priorities. Compliance

inspections will be done to determine whether a generator, transporter

or facility is meeting manifest requirements, generator and transporter

requirements, and facility standards for recordkeeping, operation and

maintenance, self-monitoring, reporting, and other activities as

defined in the annual State Work Program.

EPA, after contacting the state, may conduct compliance inspections of

hazardous waste generators, transporters, and facilities. EPA will

not ordinarily conduct such inspections of nonmajor hazardous waste

generators, transporters, and facilities; however, nothing in this

Agreement shall be construed to restrict EPA's right to inspect any

facility, generator, or transporter that it believes. is not in compliance with Program requirements~

Before conducting an inspection of a generator, transporter or facility,

the Regj"QnaLAdministrator--wil1-normal-l-y-g-ive-t-he-Dil:-ec-Eo-r-f-ou-r-t;een--.:---------

(14) days notice of the intent to inspect in accordance with 40 CFR

123.126. If the Director performs a state compliance inspection within seven (7) days and submits a report and data relevant thereto within an additional se"on (7) days, no EPA inspection will be made,

unless the Regional Administrator deems the state report to be inadequate. In case of an imminent hazard to hU~3n health and the environment, the Regional Administrator may shorten or waive the notice period,

but instead, will give notice to the Department by phone. Joint State!

EPA inspections ,,,ill normally be made on cases involving imminent

hazard.

3. Enforcement Action

The state agrees to take timely and appropriate enforcement action

against persons in violation of generator and transporter standards

(including manifest requirements), facility standards, permit require--

ments, compliance schedules, and all other program requirements consistent with established priorities. This includes violations detected

by state or Federal compliance evaluation inspections. In instances

where EPA determines that the state has not initiated timely and

appropriate enforcement action against a violator, EPA shall proceed

with any or all of the enforcement options available under RCRA or any

-7-
~"

other applicable statute. The state will be kep tvfu.Lky informed of

all further actions to be taken. Before initiating enforcement action

EPA will provide notice required by section 3008 (a)(2) and in

addition will confer or meet with the state to discuss the situation

before initiating the action, except in instances representing

:imminent hazard.

The state agrees to take the enforcement lead with appropriate enforcement action against persons in violation of any state dangerous waste

r egula t Ions, including but not limited to violations detected by

state or Federal inspections. The state will maintain procedures for

receiving and ensuring proper consideration of informati.on about

violations submitted by the puhLd.c •

Appropriate state enforcement response may include, but is not limited

to, warning letters for any violation followed by timely initiation

and prosecution of enforcement proceedings which may be, as determined

on a case-by-case basis, administrative or judicial in nature, or

other administrative remedies as prescribed by state laws.

F. Specific State Program Implementation Agreements

1. Interstate Shipments

Under provisions of WAC 173-303-141, the State agrees to require

generators located in Washington shipping dangerous waste to another

state to designate as receiving facilities only those facili.ties which

are approved in that state under an authorized state program or by

EPA (in unauthorized states). The State also agrees that upon receipt

of a manifest exception report from a generator located in Washington,

the State will inform EPA or the appropriate state agency (in authorized states) where the designated facility is located.

-----2.-Liabi-l-iot-y-Insurance-Requirements-for--Perm~ttea-' FacilTt-ies

In applying the provisions of WAC 173-303-620(8), the State will

require sudden arid 'non-sudden insurance :coverage identical to the

requirements promulgated by EPA at 40 CFR 264.147 issued on April 16,

1982.

3. Public Notice Procedures - Permittin&

For major and non-major RCRA permitting under the authorized program,

the state agrees to provide both newspaper a.nd radio broadcast notices

to ,the public as specified in WAC 173-303-840(3) (d)(ii) and (iii).

a:he:;A~p.~~~en..t::~-p.._.. b-;..n.._.9~'2~)·~ose:~~1l~ry...~!!"P.l:l?i;i.I!. :,g.~~;i.~~~'?,..rF.~ ..me. "I' ll~~. p~-o;;,~i~~tmlDi.hen',.';1frti~t'ven:t·iB~'I)';Iii..i~~\iested~urt;der~clv'i:f~%1-L !J2"t!1

f~~,~f~~P~E:.~1:c'"Gou:r:t;;:~~~'·l'

-8-
STATE AGENCY

By:---------------

Date:

---------,.-------

U.S. ENVIRO~~ENTAL PROTECTION AGENCY,

REGIO~ X

- -----------". ----------- ---- ------- --------- - -------- - -------

-9-
·. ....:.. I~

<:

MEMORANDUM OF AGREEMENT

OUTLINE

I. GENERAL

II. RESPONSIBILITIES

A. Policy Statement

B. Information Sharing

1. EPA General Program Information Transfer

2. State General Program Information Transfer

3. Emergency Situations and Information Transfer

4. Confidentiality

C.. Permit Issuance

1. EPA

2. State

D. State Program Review

E. Enforcement

1. Identification of "Hajor" Hazardous Waste Management

Facilities

2. Compliance Monitoring

3. Enforcement Actions

F. Specific State Program Implementation Agreements

Wit

/-c..j-?3>

IL

·~~·r'·,'\l 1'1:""-.'1' b..'./\,\-" '

I f. --~ ,I,. ',••,,:\''".,i"A :.., !..._~':': ::1', I

\.;.' :.::'" ... -
.

.. MEMORANDUM OF AGREEMENT

BETWEEN

TIlE STATE OF WASHINGTON

AND

TIlE UNITED STATES E~~IRONMENTAL PROTECTION AGENCY

REGION X FOR INTERIM AUTHORIZATION

PHASE I AND PHASE II, COMPONENTS A AND B

I. GENERAL

This l1emorandum of Agreement (hereafter "Agreement") es.tablishes policies,

responsibilities, and procedures pursuant to 40 CFR 123.126 for operation

of the State of Washington's Hazardous Waste Management Program (hereafter

"State Program") authorized under Section 3006(C) of the Resource Conservation and Recovery Act (hereafter "RCRA" or "the Act" of 1976 (Pu. L. 94-580,

. USC 6901, et~) and the United States Environmental Protection Agency

(hereafter EPA) Regional Office for Region X. This Agreement further sets

forth the manner in which the state will coordinate with EPA in administering

State Program.

This agreement is ·entered into by the Director of the Washington State Department of Ecology (hereafter "Director" or "the State") J the lead agency for the

state program (as designated by the state pursuant to 40 CFR l23.l24(b» and

the Regional Administrator, EPA, Region X (hereafter "Regional Administrator"

or "EPA").

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

and enforcement responsibilities under RCRA.

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

preparation of the annual State Grant Work Program (hereafter "State Work

Program"), in connection with grant funding under section 3011 of RCRA.

This Agreement may be modified upon the initiative of either party in order

to ensure consistency with state program modification or for any other

purpose mutually agreed upon. Any revisions or mOdifications must be in

writing and must be signed by both the Director and the Regional Administrator.

This·Agreement will remain in effect until the State withdraws from authorization

or until such time as .state program authorization is withdrawn by EPA, according

to the provisions of 40 CFR 123.136, or reverts to EPA according to the provisions of 40 CFR 123.137.

Final authorization will require the execution of a new Memorandum of/Agreement.

Unless otherwise stipulated, this Agreement, and any subsequent modifications

made, will take effect tmmediately upon being signed by the Director and

the Regional Administrator.
.. '

'.

II. RESPONSIBILITIES OF PARTIES

A. Policy Statement

,

r>

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

its obligations under RCRA are met. The Director and the Regional

Administrator agree to maintain a high level of cooperation and coordination between state and EPA staffs in a partnership to assure successful and effective administration of the state authorized program.

The state has primary authority and responsibility for all aspects of the

authorized hazardous waste program. Under interim authorization, Washington will have responsibility for coordination of the program with other

authorized states and with EPA in states without authorization. The

state expects to have minimum resources for implementing this program and

will prioritize activities through the annual state work plan and accomplish

them in order of priority.

EPA will keep the Director informed of the content and interpretations of

Federal statutes, by providing regulations, guidelines, standards, policy

decisions, directives, and 'any other factors that affect the state program.

EPA also will provide general technical assistance to the state.

B. Information Sharing

1. EPA General Program Information Transfer

EPA agrees to provide copies of all Notification Forms (8700-12),

including issued EPA identification numbers from hazardous waste

generators, transporters, and treatment, storage, and disposal

facilities located in the state to the Director within thirty

(30) days of this Agreement. ~,,"" '.~

EPA will also provide, within thirty (30) dyas of receipt, copies

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

number, submitted by persons located in the state after the date

of this agreement.

EPA agrees to transfer to the Director or his designee copies of

all Part A and Part B hazardous waste management facility permit

applications originally submitted to EPA under 40 CFR 122.22 by

facilities located in the state before the date of this Agreement.

Permit applications, not already transferred to the state, will be

provided to the Director or his designee within thirty (30) days

of the execution of this Agreement.

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

of Part A and Part B permit applications submitted directly to

EPA after the effective date of this Agreement.

EPA will keep the department informed of all proposed or adopted

Federal regulations as promulgated in the Federal Register adopted

pursuant to RCRA or required of another Federal agency to implement the full scope of the State approved hazardous waste management program.

EPA agrees to compile the data (compliance inspections, letter of

compliance, and enforcement letters) submitted by the state and

-2-
produce the Quarterly Statistical and Narrative Non-Compliance

. Reports.

EPA will assist the department in obtaining publications of any

environmental impact or assessment statement, technical support

document, guidance document, or any other publication developed

by EPA, EPA contractor, or other Federal agency related to the

development of a State approved hazardous waste management program.

EPA will make available to the Director all updated information

developed by EPA (a.~., permits) or other information as requested

which the state needs to implement its approved program including

automatic data processing (ADP) computuer files.

2. State General Program Information Transfer

The State agrees to inform the Regional Administrator of any program changes which would affect the State's ability to implement

the authorized program. Program changes of concern include

modification of State legal authorities (statutes, regulations,

judicial decisions), modifications of interagency agreements or

modifications of resource levels.

The State agrees to submit to the Regional Administrator the following documents, reports, and other information:

Make available within 30 days of compliance inspections a

completed inspection report including any compliance letters

and schedules•

.,.. Semi-annual progress report summarizing the State's efforts

. in meeting the requirements of the "Authorization Plan."

Quarterly forecasts of the facilities to be inspected for the

upcoming quarter, by two weeks before the beginning of the

quarter. EPA will inform the State of the facility inspections

in which EPA will participate (approximately 5% annually). The

State will provide EPA with at least two weeks notice of the

final date for inspection of such identified facilities.

The State agrees to require new generators, transporters, and hazardous waste management facilities to obtain identification numbers

consistent with the Dun and Bradstreet Data Universal Numbering (DUN)

system for businesses and General Service Administration Real Property

Number, or equivalent, for governmental agencies. EPA and the state

will praticipate in a joint effort to assign DUN identification

numbers to all new generators, transporters, and TSD facilities who

notify the .state. The state will receive and review all new notifications of dangerous waste activities and send to EPA for an identification number assignment. The state will then inform the requestor

of the new identification number. Both EPA and the state will work as

rapidly as possible·to provide identification numbers to new notifiers.

The state~&re~s to submit to the Regional Administrator the following

permit information as frequently as noted below for '~ajor hazardous

waste facilities."

-3-
.' . .'

ITEM DESCRIPTION

a. A copy of permit applications

originally submitted to the

state and subsequent revisions

or additions to these applications after the effective

date of this Agreement by all

major hazardous waste facilities.

b. Copies of draft permits, proposed permit modifications,

and accompanying explanatory

material for all major hazardous waste facilities.

c. Copies. of final permits for all

hazardous waste facilities.

".--.

FREQUENCY OF SUBMISSSION

Within 30 days of their receipt

by the state.

Within five working days of their

completion.

Within 30 days of their issuance.

3. Emergency Situations and Information Transfer

Upon receipt of any information that the handling, storage, treatment, transportation, or disposal of hazardous waste is endangering human health.or the environment, the party in receipt of such

information shall immediately notify by telephone the other party(ies)

to this Agreement of the existence of such situation. Each party

will notify cooperating response agencies according to their

respective oil and hazardous substance spill plans. Such notification

shall include name of generator or facility, address of emergency,

EPA identification number, nature of emergency, action being taken

by notifier, and action requested by notifier or other party(ies)~

4. Confidentiality

All of the information EPA transfers to the state will be provided

subject to the terms of 40 CFR Part 2.

Any information obtained or used in the administration of the state

progr~ shall be available to EPA without restriction. If information has been submitted to the state under a claim of confidentiality, the state must inform EPA of such claim. EPA will treat all

information submitted to it with a claim of confidentiality in

accordance with the procedures of 40 CFR Part 2.

C. Permit Issuance

1. EPA

Upon approval of the State program, EPA will suspend issuance of

Federal permits for activities subject to Components A and B of

Phase II (unless legally unable to do so) where permitting has

been a joint State/Federal process. For facilities which received

-4-
-t>, ,.,-~

a Federal RCRA permit prior to the date_ of authorization, EPA

will seek permittee5 agreement to terminate the Federal permit

where a State issued permit was developed jointly with EPA and

contains at a minimum, identiCal conditions as the Federal permit.

In these instances, the jointly issued/identical State permit

will be considered a RCRA permit.

EPA may comment in ~~iting on draft permit~ or proposed permit

modifications for major facilities (whether or not EPA commented on the permit application) during the public comment period

which will consist of 45 days from when the announcement is

given by public notice. Where EPA indicates that issuance, modification or reissuance of a major permit would be inconsistent

with the approved program, EPA will follow 40 CFR 123.134 in

providing comments. These comments will be in writing to the

department and will include 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 viII discuss

with the department prior to sending a copy of the comment to the

permit applicant. EPA shall withdraw such comment when satisfied

the State has met or refuted the concern.

Upon a request by the State, EPA will provide technical assistance for permit issuance. This assistance could be in the form

of using the IIpermi t assistance team."

2. State

Upon approval of the state program, the state will continue the

permit issuance activity initiated jointly with EPA prior to

authorization for facilities subject to Phase II components A

and B unless the state and EPA agree to terminate the process

. on a case-by-case basis.

The state is responsible for drafting, circulating for public

review and comment, issuing, modifying, reissuing, and terminating RCRA permits covered by Phase I and Phase II Components

A and B in a manner consistent with RCRA, the Memorandum of

Agreement, and all applicable Federal requirements.

The state agrees to consider all comments EPA makes on major

permit applications and draft major permits before or during

the 45 day public comment period. The state will consider EPA's

concerns on a particular major permit application, proposed

major permit application, or draft major permit and, if

appropriate, will respond in writing before issuing the permit

or making the modification.

The state agrees to issue, modify and 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.

-5-
D. State Program Review

The Regional Administrator will assess the Director's administration and

enforcement of the state program on a continuing basis for consistency

with RCRA, with this Agreement, and with all applicable Federal requirements and policies. This program evaluation will generally be accomplished by an EPA review of the information submitted by the Director in

accordance with this Agreement and the State Work Plan. 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, statet

and local agencies. Copies of any such comments received by the Regional

Administrator will be provided to the Director.

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.

Review of department files may be scheduled at quarterly intervals.

Program review meetings between the Director and the Regional Administrator or their assignees will be scheduled at reasonable intervals not less

than annually to review specific operating procedures and schedules, to

resolve problems, and to discuss mutual program concerns. These meetings

must be scheduled at least thirty (30) days in advance of the meeting t

with a final agenda prepared by EPA and submitted to the Director for

comments, at least one week before the meeting date, unless otherwise

agreed upon.

E. Enforcement

1. Identification of Major Hazardous Waste Management Facilities and

Generators

The Director agrees to develop with EPA a criteria for listing of

major hazardous waste facilities and selected generators and transporters located within the state. This criteria is a part of the

program description. EPA or the state may, based on the criteria,

add or delete facilities, generators or transporters to the list

(the list to be prepared by the 3rd Quarter of FY 83) and shall

notify the other party in writing. HOwever, the deletion of any

major facility from the list must be agreed to in writing by both

parties. This list will be reviewed and updated at least annually

by both the state and EPA as part of the State Work Program process.

This review and update does not require a formal amendment to this

agreement.

Since the final Lf.st Lng of "major" facilities based on state criteria

has not been currently agreed upon the current EPA's list of "major"

facilities will apply until such time as the state criteria and list

of "maj or" facilities is finally agreed upon.

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: r.-.......... -

2. Compliance Monitoring

The state agrees to operate a timely and effective compliance monitoring program to assess compliance with facility standards, and generator

and transporter requirements consistent with established priorities.

The state will monitor, evaluate, and take appropriate action for

violations of all reporting requirements by dangerous waste generators,

transporters, and facilities consistent with established priorities.

This shall include a timely substantive review of such reports to

determine the compliance status of persons filing the reports. The

state agrees to retain all records for at least three years unless

there is an enforcement action pending. In that case all records

will be retained until such action is resolved.

The state agrees to carry out a program for monitoring the compliance

by generators, transporters, and facilities with applicable program

requirements consistent with established priorities. Compliance

inspections will be done to determine whether a generator, transporter

or facility is meeting manifest requirements, generator and transporter

requirements, and facility standards for recordkeeping, operation and

maintenance, self-monitoring, reporting, and other activities as

defined in the annual State Work Program.

EPA, after contacting the state, may conduct compliance inspections of

hazardous waste generators, transporters, and facilities. EPA will

not ordinarily conduct such inspections of nonmajor hazardous waste

generators, transporters, and facilities; however, nothing in this

Agreement shall be construed to restrict EPA's right to inspect any

facility, generator, or transporter that it believes is not in compliance with Program requirements.

Before conducting an inspection of a generator, transporter or facility,

the Regional Administrator will normally give the Director_ fourteen

(14) days notice of the intent to inspect in accordance with 40 CFR

123.126. If the Director performs a state compliance inspection within seven-(7) days and submits a report and data relevant thereto within an additional seven (7) days,-no EPA inspection will be made,

unless the Regional Administrator deems the state report to be inadequate. In case of an imminent hazard to human health and the environment, the Regional Administrator may shorten or waive the notice period,

but instead, will give notice to the Department by phone. Joint State!

EPA inspections will normally be made on cases involving imminent

hazard.

3. Enforcement Action

The state agrees to take timely and appropriate enforcement action

against persons in violation of generator and transporter standards

(including manifest requirements), facility standards, permit requirements, compliance schedules, and all other program requirements consistent with established priorities. This includes violations detected

by state or Federal compliance evaluation inspections. In instances

where EPA determines that the state has not initiated timely and

appropriate enforcement action against a violator, EPA shall proceed

with any or all of the enforcement options available under RCRA or any

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• ('.

other applicable statute. The state will be kept .'fully informed of

all further actions to be taken. Before initiating enforcement action

EPA will provide notice required by section 3008 (a)(2) and in

addition will confer or meet with the state to discuss the situation

before initiating the action, except in instances representing

imminent hazard.

The state agrees to take the enforcement lead with appropriate enforcement action against persons in violation of any state dangerous waste

regulations, including but not limited to violations detected by

state or Federal inspections. The state will maintain procedures for

receiving and ensuring proper consideration of information about

violations submitted by the public.

Appropriate state enforcement response may include, but is not limited

to, warning letters for any violation followed by timely initiation

and prosecution of enforcement proceedings which may be, as determined

on a case-by-case basis, administrative or judicial in nature, or

other administrative remedies as prescribed by state laws.

F. Specific State Program Implementation Agreements

1. Interstate Shipments

Under provisions of WAC 173-303-141, the State agrees to require

generators located in Washington shipping dangerous waste to another

state to designate as receiving facilities only those facilities which

are approved in that state under an authorized state program or by

EPA (in unauthorized states). The St~te also agrees that upon receipt

of a manifest exception report from a generator located in Washington,

the State will inform EPA or the appropriate state agency (in authorized states) where the designated facility is located.

2. Liability Insurance Requirements for Permitted Facilities

In applying the provisions of WAC 173-303-620(8), the State will

require sudden andr.ncn-isudd en insurance 'coverage identical to the

requirements promulgated by EPA at 40 CFR 264.147 issued on April 16,

1982.

3. Public Notice Procedures - Permitting

For major and non-major RCRA permitting under the authorized program,

the state.agrees to provide both newspaper and radio broadcast notices

to the public as specified in WAC l73-303-840(3) (d) (ii) and (iii).

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"'" :: ', ~.

STATE AGENCY

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u.s. ENVIRONMENTAL PROTECTION AGENCY,

REGION X

By:---------------

Date:--------------

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MOA OUTLINE

I. GENERAL

II. RESPONSIBILITIES

A. Policy Statement

B. Information Sharing

1. EPA Genera~ Program Information Transfer

2. State General Program Information Transfer

3. Emergency Situations and Information Transfer

4. Confidentiality

C. Permit Issuance

1 EPA

2. State

D. State ~rogram Review

E. Enforcement

1. Ide nt ifica t ion of ''Maj 0 r" Haza rdous Waste

Management Facilities

2. Compliance Monitoring

3. Enforcement Actions
..-....

MEMORANDUM OF AGREEMENT

BETWEEN

THE STATE OF WASHINGTON

AND

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION X FOR INTERIM AUTHORIZATION

PHASE I AND PHASE II, COMPONENTS A AND B

I. GENERAL

This Memorandum of Agreement (hereafter "Agreement") establishes

policies, responsibilities, and procedures pursuant to 40 CFR 123.126

for operation of the the State of Washington's Hazardous Waste Management Program (hereafter "State Program") authorized under Section

3006(C) of the Resource Conservation and Recovery Act (hereafter "RCRA"

or "the Act") of 1976 (Pu. L. 94-580, 42 USC 6901, ~.) and the

United States Environmental Protection Agency (hereafter EPA) Regional

Office for Region X. This Agreement further sets forth the manner in

which the state will coordinate with EPA in administering the State

Program.

This agreement is entered into by the Director of the Washington State

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

agency for the state program (as designated by the state pursuant to

40 CFR 123.124(b) and the Regional Administrator, EPA, Region X (hereafter "Regional Administrator" or "EPA").

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

oversight and enforcement responsibiities under RCRA.

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

during preparation of the annual State Grant Work Program (hereafter

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

3011 of RCRA.

This Agreement may be modified upon the initiative of either party

in order to ensure consistency with state program modification or for

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

the Regional Administrator.

This Agreement will remain in effect until the State withdraws from

authorization or until such time as state program authorization is

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

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

Final authorization will require the execution of a new Memorandum of

Agreement.

Unless otherwise stipulated, this Agreement, and any subsequent

modifications made, will take effect immediately upon being signed

by the Director and the Regional Administrator.

2
II. RESPONSIBILITIES OF PARTIES

A. Policy Statement

Each of the parties to this Agreement is responsible for ensuring

that its obligations under RCRA are met. The Director and the

Regional Administrator agree to maintain a high level of cooperation and coordination between state and EPA staffs in a partnership to assure successful and effective administration of the

state authorized program.

The state has primary authority and responsibility for all

aspects of the hazardous waste program, except as qualified in

the "Authorization Plan." Under interim authorization, Washington will have responsibility for coordination of the program with

other authorized states and with EPA in states without authorization. The state expects to have minimum resources for implementing this program and will prioritize activities and accomplish

them in order of priority.

EPA will keep the Director informed of the content and interpretations of Federal statutes, by providing regulations, guidelines,

standards, policy decisions, directives, and any other factors

that affect the state program. EPA also will provide general

technical assistance to the state.

B. Information Sharing

1. EPA General Program Information Transfer

EPA agrees to provide copies of all Notification Forms (8700-12),

including issued EPA identification numbers from hazardous

waste generators, transporters, and treatment, storage, and

disposal facilities located in the state to the Director

within thirty (30) days of this Agreement.

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

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

identification number, submitted by persons located in the

state after the date of this agreement.

EPA agrees to transfer to the Director or his designee copies

of all Part A and Part B hazardous waste management facility

permit applications originally submitted to EPA under 40 CFR

122.22 by facilities located in the state before the date of

this Agreement. Permit applications, not already transferred

to the state, will be provided to the Director or his designee

within thirty (30) days of the execution of this Agreement.

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

copies of Part A and Part B permit applications submitted

directly to EPA after the effective date of this Agreement.

EPA will keep the department informed of all proposed or

adopted Federal regulations as promulgated in the Federal

3
Register adopted pursuant to RCRA or required of another

Federal agency to implement the full scope of the State

approved hazardous waste management program.

EPA will assist the department in obtaining publications of

any environmental impact or assessment statement, technical

support document, guidance document, or any other publication

developed by EPA, EPA contractor, or other Federal agency

related to the development of a State approved hazardous

waste management program.

EPA will make available to the Director all updated information developed by EPA (i.e., permits) or other information

as requested which the state needs to implement its approved

program including automatic data processing (ADP) computer

files.

2. State General Program Information Transfer

The state agrees to submit to the Regional Administrator the

following documents, reports, and other information:

- Quarterly compliance inspection reports including

correspondence from generators and major facilities

in a format agreed to between both parties.

- Annual program reports containing information

on the number of generators and major facilities

in the state, the quantities of wastes handled,

and the number of anticipated inspections for

the next year.

- Semiannual progress report summarizing the

State's efforts in meeting the requirements

of the "Authorization Plan."

- Quarterly forecasts of the facilities to be

inspected for the upcoming quarter.

The state agrees to require new generators, transporters,

and hazardous waste management facilities to obtain identification numbers consistent with the Dun and Bradstreet Data

Universal Numbering (DUN) system for businesses and General

Service Administration Real Property Number, or equivalent,

for governmental agencies. EPA and the state will participate in a joint effort to assign DUN identification numbers

to all new generators, transporters, and TSD facilities who

notify the state. The state will receive and review all new

notifications of dangerous waste activities and send to EPA

for an identification number assignment. The state will

then inform the reguestor of the new identification number.

Both EPA and the state will work as rapidly as possible to

provide identification numbers to new no t Lf Lers ,

4
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The state agrees to submit to the Regional Administrator the

, following permit information as frequently as noted below

for "major hazardous waste facilities" (see Program Description for criteria which determines "major facilities").

ITEM DESCRIPTION

a. A copy of permit applications

originally submitted to the state

and subsequent revisions or additions to these applications after

the effective date of this Agreement by all major hazardous waste

facilities.

b. Copies of draft permits, proposed

permit modifications, and accompanying explanatory material

for all major hazardous waste

facilities.

c. Copies of final permits for all

hazardous waste facilities.

FREQUENCY OF SUBMISSION

Within 30 days of their

receipt by the state.

Within five working

days of their completion.

Within 30 days of their

issuance.

3. Emergency Situations and Information Transfer

Upon receipt of any information that the handling, storage,

treatment, transportation, or disposal of hazardous waste is

endangering human health or the environment, the party in

receipt of such information shall immediately notify by

telephone the other party(ies) to this Agreement of the

existence of such situation. Each party will notify cooperating response agencies according to their respective oil

and hazardous substance spill plans. Such notification shall

include name of generator or facility, address of emergency,

EPA identification number, nature of emergency, action being

taken by notifier, and action requested by notifier of other

party(ies).

4. Confidentiality

All of the information EPA transfers to the state will be

provided subject to the terms of 40 CFR Part 2.

Any information obtained or used in the administration of

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

a claim of confidentiality, the state must inform EPA of

such claim. EPA will treat all information submitted to it

with a claim of confidentiality in accordance with the

procedures of 40 CFR Part 2.

5
C. Permit Issuance

1. EPA

Upon approval of the State program, EPA will suspend issuance

of Federal permits for activities subject to Components A and

B 0 f Ph as e I I •

EPA may comment in writing on draft permits or proposed permit

modifications for major facilities (whether or not EPA commented on the permit application) during the public comment

period which will consist of 45 days from when the announcement is given by public notice. Where EPA indicates that

issuance, modification or reissuance of a major permit would

be inconsistent with state regulations, EPA will submit

those comments to the department in writing. The comments

will include a statement of the reasons for the comment,

including the section of the Federal or state laws or

regulations that are in effect according to the agreement.

Upon approval of the state program, EPA will suspend issuance of Federal permits (unless legally unable to do so) for

activities subject to components A and B of Phase II where

permitting has been a joint Federal/state process or where

the state Attorney General determines the state has authority

to issue/administer permits initiated by EPA.

If the state does not have authority to, or chooses not to

complete permit issuance or enforcement of Federal permits,

EPA will complete the facility permits in progress and will

administer those permits until they are reissued under state

authorities.

Upon a request by the state, EPA will provide technical

assistance for permit issuance. This assistance could be in

the form of using the "permit assistance team."

2. State

Upon approval of the state program, the state will continue

the permit issuance .activity initiated by EPA prior to

authorization for facilities subject to Phase II components A

and B unless the state and EPA agree to terminate the process

on a case-by-case basis.

The state is responsible for drafting, circulating for public

review and comment, issuing, modifying, reissuing, and terminating RCRA permits covered by Phase I and Phase II Components A and B in a manner consistent with RCRA, the Memorandum

of Agreement, and all applicable Federal requirements.

The state agrees to consider all comments EPA makes on major

permit applications and draft major permits during the 45 day

public comment period. The state will consider EPA's concerns

6
.--...

< , -=.,.

on a particular major permit application, proposed major permit

application, or draft major permit and, if appropriate, will

respond in writing before issuing the permit or making the

modificat ion.

The state agrees to issue, modify and 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 consistent with established priorities.

D. State Program Review

The Regional Administrator will assess the Director's administration and enforcement of the state program on a continuing basis for

consistency with RCRA, with this Agreement, and with all applicable

Federal requirements and policies. This program evaluation will

generally be accomplished by an EPA review of the information

submitted by the Director in accordance with this Agreement and

the State Work Plan. 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.

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.

Review of department files may be scheduled at quarterly intervals. Program review meetings between the Director and the

Regional Administrator or their assignees will be scheduled at

reasonable intervals not less than annually to review specific

operating procedures and schedules, to resolve problems, and to

discuss mutual program concerns. These meetings must be scheduled

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

agenda prepared by EPA and submitted tQ the Director for comment,

at least one week before the meeting date, unless otherwise agreed

upon.

E. Enforcement

1. Identification of Major Hazardous Waste Management

Facilities and Generators

The Director agrees to develop in coordination with EPA a

criteria for listing major hazardous waste facilities and

selected generators and transporters located within the

state. This criteria is a part of the program description.

EPA or the state may, based on the criteria, add or delete

facilities, generators or transporters to the list (the list

7
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'.- 11

2.

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to be prepared during FY 82) and shall notify the other

party in writing. However, the deletion of any major facility from the list must be agreed to in writing by both

parties. This list will be reviewed and updated at least

annually by both the state and EPA as part of the State Work

Program process. This review and update does not require a

formal amendment to this agreement.

Compliance Monitoring

The state agrees to operate a timely and effective compliance monitoring program to assess compliance with facility

standards, and generator and transporter requirements consistent with established priorities.

The state will monitor, evaluate, and take appropriate action

for violations of all reporting requirements by dangerous

waste generators, transporters, and facilities consistent

with established priorities. This shall include a timely

substantive review of such reports to determine the compliance status of persons filing the reports. The state agrees

to retain all records for at least three years unless there

is an enforcement action pending. In that case all records

will be retained until such action is resolved.

The state agrees to carry out a program for monitoring the

compliance by generators, transporters, and facilities with

applicable program requirements consistent with established

priorities. Compliance inspections will be done to determine

whether a generator, transporter or facility is meeting manifest requirements, generator and transporter requirements,

and facility standards for recordkeeping, operation and

maintenance, self-monitoring, reporting, and other activities

as defined in the annual State Work Program.

EPA, after contacting the state, may conduct compliance

inspections of hazardous waste generators, transporters,

and facilities. EPA will not ordinarily conduct such

inspections of nonmajor hazardous waste generators, transporters, and facilities; however, nothing in this Agreement

shall be construed to restrict EPA's right to inspect any

facility, generator, or transporter that it believes is not

in compliance with Program requirements •

Before conducting an inspection of a generator, transporter

or facility, the Regional Administrator will normally give

the Director thirty (30) days notice of the intent to inspect

in accordance with 40 CFR 123.126. If the Director performs

a state compliance inspection and submits a report and data

relevant thereto within that time, no EPA inspection will .be

made, unless the Regional Administrator deems the state report

and data to be inadequate. In case of an imminent hazard to

human health and the environment, the Regional Administrator

may shorten or waive the notice period, but instead, will

give notice to the Director by phone. Joint State/EPA

inspections will be made on cases involving imminent hazard.

8
· . '\

3. Enforcement Actions

The state agrees to take timely and appropriate enforcement

action against persons in violation of generator and transporter standards (including manifest requirements), facility

standards, permit requirements, compliance schedules, and

all other program requirements consistent with established

priorities. This includes violations detected by state or

Federal compliance evaluation inspections. In instances

where EPA determines that the state has not initiated timely

and appropriate enforcement action against a violator, EPA

shall proceed, only after meeting with the state to discuss

the situation, with any or all of the enforcement options

available under RCRA or any other applicable statute. The

state will be kept fully informed of all further actions to

be taken.

The state agrees to take the enforcement lead with appropriate enforcement action against persons in violation of

any state dangerous waste regulations, including but not

limited to violations detected by state or Federal inspections. The state will maintain procedures for receiving and

ensuring proper consideration of information about violations

submitted by the public.

Appropriate state enforcement response may include, but is

not limited to, warning letters for any violation followed by

timely initiation and prosecution of enforcement proceedings which may be, as determined on a case-by-case basis,

administrative or judicial in nature, or other administrative remedies as prescribed by state laws.

The Regional Administrator may take enforcement action, after

prior notification and meeting with the state, against any

person determined to be in violation of RCRA in accordance

with Section 3008(a)(2). EPA will take enforcement action

only upon determining that the state has not taken timely and

appropriate enforcement action. Prior to issuing a Notice of

Violation under Section 3008 EPA will give prior notice to

the state.

9
'~ . 11\.,",,-' .....

STATE AGENCY

By:

Date:

10

u.s , ENVIRONMENTAL PROTECTION

AGENCY, REGION X