."." ,.' 

### Final Draft6/13/85 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 ofReports 

### D. Conditions for State ProgramReview 

### 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

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''';0;;-

MEMORANDUM OFAGREEMENT BETWEEN THE STATE OF WASHINGTON AND**:.~**,

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION XFOR"INTERIM AUTHORIZATION PHASE I AND PHASE II, COMPONENTS AAND 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 ofWashington'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) RegionaI 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.

2Final authorization will require the execution of a newMemorandum ofAgreement. 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 ofpermits 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. RESPONSIBILITIESOF 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 coordinationbetween 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.,

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_ 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.

3material 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 Aand 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 Dunand 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 whonotify 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 Apermit 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.

53. ·........., ,'- .."",,

.**'.~~-**

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 EPAby 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, EPAwill 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 CFRPart 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

6,-..

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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 gui.dance, by October 1 of each even-numbered year. 5. OtherAdditional 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---received--by-the------------- Regional Administrator will be provided to the Director. The following approach to state program review will generally be followed by EPA and the state. All significant concerns raised during EPA review of the information submitted by the state in accordance with this agreement and the work plan will be submitted in writing to the State Hazardous Waste Program Assistant Director. All EPA concerns raised as a result of permit overview, compliance and**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

7:-.'-."

......".. -,..-,"

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, EPAhas suspended issuance of federal permits for activities subject to Components Aand 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.denticaL 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, EPAwill follow 40 CFR 123.134 in providing comments. These comments

8

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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 initiatedjointly with EPA prior to authorization for facilities subject to Phase II Components Aand Bunless 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 ofpermits for all facilities subject to Phase II Components Aand Bwill 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 withRCRA, the Memorandum ofAgreement, 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 particularpermit application, proposed permit application, or draft permit and, ifappropriate, 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.

9F. 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. Acompliance and enforcement tracking system is operated by the state to ensure timely and appropriate enforcement actions, ensure adequate compliance follow-up, monitor compliance rates, assess categories and violations and report necessary, accurate, and timely compliance and enforcement information to EPA for the purposes 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 1s 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. III 10

### 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 LnSection 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 ofRCRA 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 ofwhowill 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 memorandumof 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.....---

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 over sight, 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 action against any person determined to be in violation of the authorized program in accordance with Section 3008(a)(2). After written prior notice to the state, EPA may take action under Section 3008 of RCRA against a holder of a state issued permit on the ground that the permittee is not complying with a condition of that permit. This Agreement will be modified to reflect approved state and national enforcement policies. In addition, EPA may take action under Section 3008 of RCRA against a holder of a state issued permit. This action will be based on any unresolved formal comments that were made by EPA during the public review and issuance of that permit. EPA shall give advance written notice of such action to the state. 3. Site Visits EPA is responsible for maintaining reliable national data on hazardous waste management. These data are used to report to the President and Congress on the achievements of the hazardous waste program and to support EPA's regulatory development efforts. Whenever EPA determines that it needs to obtain certain information, EPA will first seek to gain this information from the state. The state agrees to reply in a reasonable time to the Regional Administrator with this information if readily available and as resources allow. If the state is unable to provide the information or if it is necessary to supplement thp state information, EPA may conduct a special surveyor perform information collection site·visits afte r prior 12

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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 Ato 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 ofeither party to ensure consistency with state programmodifications or for any other purpose mutually agreed upon. Anyrevisions or modifications mustbe in writing and must be signedby both the Director and the Regional Administrator. For the State: For the Federal Government:

STATE OFWASHINGTON U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION X**~----- ~-_._----**  ..**_~--** _.--**-._~ ---_._-----~--**  -._----**--~-** ---------**----~-------_._--** DEPARTMENT OF ECOLOGY**~y:** By:

Title: Title:

Date: Date:

13·-. 

### Final Draft6/13/85 MEMORANDUM OF UNDERSTANDING COOPERATIVE ARRANGEMENT BETWEEN THE U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION 10 AND THE STATE OFWASHINGTON Relating to the cooperative administration of the laws enacted by the United States of America under Subtitle Cof 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 ofEcology (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 ofEPA 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 InterimAuthorization for Phase II Component C. It is understood that EPA retains full and ultimate responsibility -----------for--tne--aaminist:r at:Hfli-and---enfoYcement-'0f--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 ofState 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 ofwhich 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 Regiona1 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 CFR30.920, 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, EPAand 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.Arules 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 osure. 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 jointpermits 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 processedjointly, 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 Aand 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 andjointly withEPA terminating interim status for land disposal facilities. EPAAgrees 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-teterres·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 -" 

# .. 

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### MEMORANDUMOFAGREEMENT OUTI..INE

L 

### GENERAL
II, RESPONSIBILITIES A. Policy Statement B. Information Sharing r--
..



### 1. EPAGeneral Program InformationTransfer 2. State General Program InformationTran.sfer 3. Emergency Situations and Information Transfer 4. Confidentiality C. Permit Issuance 1. 

### EPA 2. State D. State ProgramReview E. Enforcement 1. 

### Identification of "Hajor" Hazardous WasteManagement Facilities 2. ComplianceMonitoring 3. Enforcement Actions F. Specific State Program ImplementationAgreements ._-- --------,

### MEMORA1'IDUMOFAGREEMENT BE1\olEEN 

### THE STATE OFWASHINGTON AND THE UNITED STATES**E~~IRONMENTAL** 

### PROTECTIONAGENCY REGION XFOR INTERIMAUTHORIZATION PHASE I AND PHASE II,**CO}~ONENTS** 

### AAND B

I. 

### GENERAL This Memorandum of Agreement (hereafter "Agr eement") 

### establishes policies, responsibilities, and prqcedures pursuant to 40 CFR 123.126 for operation of the StateofWashington's Hazardous WasteManagement Program (hereafter "State Program") authorized under Section 3006(C) of the Resource Conservationand Recovery Act (hereafter ltRCRAltor "theAce' 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 themanner inwhich the statewill coordinate**t~ith** 

### EPA in administering State Program. This agreement is entered into by the Director of theWashington State Department ofEcology (hereafter "Df.reccor " or tithe State"), the lead agency for the state program (as designated by the state pursuant to 40 CFRl23.l24(b»and the RegionalAdministrator, EPA, RegionX (hereafter "RegLona LAdministrator" or"ltEPAtI) . 

### Nothing in this Agreement restricts EPA's authority to fulfill its oversight and enforcement responsibilities under RCRA. ---------Tlie parties will reviewthis Agreement

-jointlyatleast**onc~ayear**

### during preparation of the annual State Grantv70rkProgram (hereafter ,"StateWork Program"), in connectionwith grant funding under section 3011 ofRCRA. This Agreementmaybemodified upon the initiative of either party in order to ensure consistencywith state programmodification or for any other purposemutually agreed upon. Anyrevisions 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.t

### hdraws from authorization oruntil such time as state program authorization is withdrawn by EPA, according to the provisions of 40 CFR 123.136, orreverts to EPA according to the provisions of 40 CFR 123.137. Final authorizationwill require the execution of a new Memorandumof'Agreement. Unless otherwise stipulated, this Agreement, and any subsequent modifications made, will take effect immediately uponbeing signed by the Director and theRegional Administrator. 

### --,

### II. RESPONSIBILITIES OF PARTIES A. Policy Statement Each of the parties to this Agreement is responsible for ensuring that its obligations under RCRA aremet. The Director and the Regional Administratoragree to maintain a high level of cooperation and coordinationbetween 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, Washingtonwill haveresponsibility for coordination of the programwith other authorized states and with EPA in states without authorization. The state expects to have minimum resources for implementing this programand will prioritize activities through the annual state workplan and accomplish them in order of priority. EPAwill 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 providecopies ofall NotificationForms (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_wilLraLso.cp.rov.Ld

### e,-within-thi.t;ty--(-3O}-d-ya-s-of-t"-ec-eipt:=--,-cop-ies of the NotificationForms (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 PartAand Part Bhazardous wastemanagement facility permit applications originally submitted to EPAunder 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. EPAwill also provide, within thirty (30) 

### days ofreceipt, copies of Part Aand Part Bpermit applications submitted directly to EPA after the effective date of this Agreement. EPAwill keep the department informed of all proposed or adopted Federal regulations as promulgated in the Federal Register adopted pursuant to RCRAor required ofanother Federal agency to implement the full scope of the State approved hazardous waste management program. EPAagrees 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. EPAwill 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 Stateapproved hazardous waste mana.gement program. EPAwill 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 whichwould 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: Makeavailablewithin 30 days of compliance inspections n completed inspectionreport including any compliance letters and schedules. Semi-annual progress report summar1z1ng the State's efforts inmeeting the requirements of the "AuthorizationPlan." Quarterly forecasts of the facilities to be inspected for the upcoming quarter, by two weeks before the beginning of the quarter. EPAwill inform the State of the facility inspections inwhich EPAwill participate (approximately 5% annually). The Statewill provide EPAwith at least two weeks notice of the final date for inspectionof such identified facilities. The State agrees to require new generators, transporters, and hazardous waste management facilities to obtain identification numbers consistent'with the Dunand Bradstreet Data Universal Numbering (DUN) system for businesses and General Service AdministrationReal 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 statewill then inform the requestor of the new identification number. Both EPAand the state will work as rapidly as possible to provide identification numbers to new notifiers. The stat

### eag

### reas

### to submit to the Regional Administrator the following permit information as frequently as noted below for "major hazardous waste facilities." -3-",



### ITEMDESCRIPTION 

## a. Acopy of permit applications originally submitted to the state and subsequentrevisions or additions to these applications after the effective date of this Agreement by all major hazardous waste facilities. b. Copies ofdraft permitsr 

### proposed permitmodifications, and accompanying explanatory material for all major hazardous waste facilities.

c. Copies offinal 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 Uponreceipt ofany information that the handling, storage, treatment, transportation, or disposal ofhazardous 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 existenceof such situation. Eachparty will notify cooperatingresponse 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_,

_

---------**--~---------EPA**

### identificationnumber, nature of emergency, actionbeing taken by notifier, and actionrequested by notifier or other party(ies)', 4. Confidentiality All of the information EPA transfers to the statewill be provided subject to the terms of40 CFR Part 2. Anyinformation obtainedorused in the administration of the state program shall be available to EPAwithout r.estriction. If informationhas been submitted to the state under a claimof confidentiality, the state must inform EPAof such claim. EPAwill treat all information submitted to itwith a claim of confidentiality in accordancewith the procedures of 40 CFRPart 2. C. Permit Issuance 1. 

### EPA Uponapproval of the State program, EPAwill suspend issuanceof Federal permits for activities subject to Components Aand Bof Phase II (unless legallyunable to do so) where permitting has been a joint State/Federal process. For facilities whichreceived ,-4-**2~** 

### a Federal RCRApermit prior to the date ofauthorization, EPAwill seekpermittees' agreement to terminate the Federal permitwhere a State issued permitwas developed jointlywith EPA and contains at a minimum, identical conditions as the Federal permit. In these instances, thejointly issued/identical State permit will be considered a RCRA permit. EPAmay comment inwriting ondraft permits or proposed permitmodifications for major facilities (whether or not EPA commented on the permit application) during the public comment period whichwill consist of45 days from when the announcement is givenby public notice. Where EPA indicates that issuance, modification or reissuance ofa major permitwould be inconsistentwith the approved program, EPAwill follow 40 CFR 123.134 in providing comments. These comments will be inwriting 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 requestby the State, EPAwill provide technical assistance for permit issuance. This assistance couldbe in the form of using the "permit assistance team." State Uponapproval of the state program, the state will continue the permit issuance activity initiated jointlywith EPA prior to authorization for facilities subject to Phase II Components Aand B unless the state and'EPAagree to terminate the process on a caseby-casebasis.**~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 Aand Bin a manner consistentwith RCRA, theMemorandumofAgreement, and all applicable Federal requirements. The state agrees to consider all comments EPAmakes on major permit applications and draftmajor permits before orduring the 45 day public comment period. The statewill consider EPA's concerns on a particular major permit application, proposed major permit application, or draftmajor permit and, if appropriate, will respond inwriting 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 inpermits will require compliancewith the Dangerous WasteRegulations.



### -5-

### D. State ProgramReview The Regional Administrator will assess the Director's administration and enforcement of the state programon a continuing basis for consistency withRCRA. with this Agreement, and with all applicable Federal requirements and policies. This program evaluationwill generally be accomplished by an EPAreview of the information submitted by the Director in accordancewith this Agreement and the StateWorkPlan. The Regional Administrator mayalso consider, as part of this regular assessme.nt, writtencomments about the state's programadministration and enforcement that are received from regulated persons, the public. and Federal, state, and local agencies. Copies ofany 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 informationrequested by the Regional Administrator and deemed necessary for evaluating state programadmi.nistration and enforcement. Review ofdepartment files maybe scheduled at quarterly intervals. Programreviewmeetings 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 EPAand submitted to the Director for comments, at least oneweekbefore the meeting date, unless otherwise agreed upon. E. Enforcement 1. Identificationof**~~jor** 

### Hazardous Waste Management Facilities and Generators --_._------ 

### The Director agrees to develop with EPAa 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. EPAor the statemay, 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 inwriting. However, the deletionof any major facility from the list must be agreed to inwriting by both parties. This list will be reviewed and updated at least annually by both the state and EPA as partof the StateWorkProgram 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. ComplianceMonitoring The state agrees to operate a timely and effective compliance**mon~tor** 

### ing program to assess compliancewith facility standards, and generator and transporter requirements consistentwith established priorities. The state will monitor, evaluate, and take appropriate action for violations of all reporting requirements by dangerous waste generators, transporters, and facilities consistentwith 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 carryout a program for monitoring the compliance by generators, transporters, and facilities with applicable program requirements consistentwith established priorities. Compliance inspections will bedone to determinewhether 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 StateWorkProgram. EPA, after contacting the state, may conduct compliance inspections of hazardous waste generators, transporters, and facilities. EPAwill 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 itbelieves.is not incompliancewith 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 inspectionwithin seven (7) days and submits a report and data relevant thereto within an additional se"on (7) 

### days, no EPA inspectionwill 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 inviolation of generator and transporter standards (including manifest requirements), facility standards, permit require-- ments, compliance schedules, and all other program requirements consistentwith 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 availableunder RCRA or any



### -7-**~"**



### other applicable statute. The statewill be keptvfu.Lky informed of all further actions to be taken. Before initiating enforcement action EPAwill provide notice required by section 3008 (a)(2) and in additionwill 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 inviolationof any state dangerous waste r

### egulat

### Ions, including butnot limited to violations detected by state or Federal inspections. The statewill maintain procedures for receiving and ensuring proper considerationof informati.on about violations submitted by the puhLd.c• 

### Appropriate state enforcementresponsemay include, but is not limited to, warning letters for any violation followed by timely initiation and prosecutionof enforcement proceedings whichmaybe, as determined on a case-by-casebasis, administrative orjudicial in nature, or other administrative remedies as prescribed by state laws. F. Specific State Program ImplementationAgreements 1. Interstate Shipments Under provisions ofWAC 173-303-141, the State agrees to require generators located inWashington shipping dangerous waste to another state to designate as receiving facilities only those facili.ties which are approved in that stateunder an authorized state program or by EPA (inunauthorized states). The State also agrees that upon receipt ofa manifest exceptionreport from a generator located inWashington, the Statewill informEPA or the appropriate stateagency (in authorized states) where the designated facility is located.**-----2.-Liabi-l-iot-y-Insurance-Requirements-for--Perm~ttea-'** 

### FacilTt-ies Inapplying the provisions of

### WAC 173-303-620(8), the Statewill require sudden arid'non-sudden insurance:coverage identical to the requirements promulgated by EPA at 40 CFR 264.147 issued onApril 16, 1982. 3. Public Notice Procedures

- Permittin& For major and non-major 

### RCRApermitting under the authorized program, the state agrees to provideboth newspaper a.nd radio broadcast notices to,the public as specified inWAC 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 !J** **2" t!1** **f~~,~f~~P~E:.~1:c'"Gou:r:t;;:~~~'·** l'

-8-STATE

### AGENCY

By:



# ---------------

Date:

## ---------,.------- U.S.**ENVIRO~~ENTAL** 

### PROTECTIONAGENCY,**REGIO~** 

### X

--- - -------

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

----------- ---- ------- --------- - -----



### -9-

# ·

. ....

### :

# ..**I~** 

## <:

MEMORANDUMOFAGREEMENT OUTLINE

I. GENERAL

II. RESPONSIBILITIES A. Policy Statement B. Information Sharing 1. EPAGeneral Program Information Transfer 2. StateGeneral Program Information Transfer 3. Emergency Situations and Information Transfer 

### 4. Confidentiality C.. Permit Issuance 1. EPA 2. State D. State ProgramReview E. Enforcement 1. 

### Identification of "Haj

### or" Hazardous WasteManagement Facilities 2. ComplianceMonitoring 3. EnforcementActions F. Specific State Program ImplementationAgreements 

# Wit /-c..j-?3> IL**·~~·r'·,'\l** 1'1:""-.'1'

### b

..'./\,\-"

'If.**--~** ,I,.',•• ,,:\'

'".,i"A:.. ,**!..._~':':**

### ::1', I \.;.':.::'"

...-

# . 

# .. MEMORANDUMOFAGREEMENT BETWEEN TIlE STATEOFWASHINGTON 

### AND TIlEUNITED STATES**E~~IRONMENTAL** 

### PROTECTIONAGENCY REGIONXFOR INTERIMAUTHORIZATION PHASE I ANDPHASE II, COMPONENTSAAND B

I. GENERAL Thisl1emorandumof Agreement (hereafter "Agreement") es.tablishes policies, responsibilities, and procedures pursuant to 40 CFR 123.126 for operation of the State ofWashington's HazardousWasteManagement Program (hereafter "StateProgram") authorized under Section 3006(C) of the Resource Conservationand RecoveryAct (hereafter "RCRA" or "theAct" of 1976 (Pu. L. 94-580,

.USC 6901,**et~)** 

### and theUnited States Environmental ProtectionAgency

(hereafterEPA) Regional Office for Region

### X. This Agreement further sets forth themanner inwhich the statewill coordinatewith EPA inadministering StateProgram. This agreement is·entered intoby theDirector of theWashington StateDepartment ofEcology (hereafter "Director" or "the State") J 

### the leadagencyfor the stateprogram (as designated by the statepursuant to 40 CFRl23.l24(b»and theRegionalAdministrator, EPA, RegionX(hereafter "RegionalAdministrator" or "EPA"). Nothing in this Agreementrestricts EPA's authority to fulfill its oversight and enforcementresponsibilities underRCRA. The parties will.review this Agreementjointly at leastoncea year during preparationof the annual StateGrantWorkProgram (hereafter "StateWork Program"), inconnectionwithgrant funding under section 3011 ofRCRA. This Agreementmaybemodified upon the initiative ofeitherparty inorder to ensureconsistencywith stateprogrammodificationor for any other purposemutually agreed upon. Anyrevisions ormOdifications mustbe in writingandmustbe signedby both theDirectorand theRegionalAdministrator. This·Agreementwill remain in effectuntil the Statewithdraws from authorization oruntil such time as.stateprogram authorizationis withdrawnby EPA, according to the provisions of 40 CFR123.136, orreverts to EPAaccording to theprovisions of 40 CFR123.137. Final authorizationwill require the executionof a newMemorandumof/Agreement. Unless otherwise stipulated, this Agreement, and any subsequentmodifications made, will take effect tmmediatelyuponbeing signedby theDirectorand theRegionalAdministrator.

# .. ' 

# '.

II. RESPONSIBILITIES OF PARTIES A. Policy Statement 

### r> 

### ,

Eachof the parties to this Agreement is responsible for ensuring that its obligations under RCRA aremet. The Director and the Regional Administrator agree to maintain a high level of cooperationand coordinationbetween stateand EPA staffs ina 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, Washingtonwill haveresponsibility for coordination of the programwith other authorized states and with EPA in states without authorization. The state expects to haveminimumresources for implementing this programand will prioritize activities through the annual stateworkplanand accomplish them inorderofpriority. EPAwill 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 stateprogram. EPA also will provide general technical assistance to the state. B. Information Sharing 1. EPAGeneral Program InformationTransfer EPA agrees to providecopies ofall Notification Forms (8700-12), including issued EPA identificationnumbers 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.**~,,"" '.~**  

### EPAwill also provide, within thirty (30) dyas ofreceipt, copies of the NotificationForms (8700-12), including EPA identification number, submittedby persons located in the stateafter the date of this agreement. EPA agrees to transfer to the Director orhis designee copies of all PartA and Part Bhazardous wastemanagement facility permit applications originally submitted to EPAunder 40 CFR 122.22by facilities located in the statebefore thedate of this Agreement. Permit applications, not already transferred to the state, will be provided to the Director or his designeewithin thirty (30) days of the execution of this Agreement. EPAwill also provide, within thirty (30) days ofreceipt, copies ofPartAand Part Bpermit applications submitted directly to EPA after the effectivedate of this Agreement. EPAwill keep the department informed ofall proposed or adopted Federal regulations as promulgated in theFederal Register adopted pursuant to RCRAorrequired ofanother Federal agency to implement the full scope of the Stateapprovedhazardous wastemanagementprogram. EPAagrees to compile thedata (compliance inspections, letter of compliance, and enforcement letters) submitted by the state and -2-

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

.Reports.

EPAwill assist the department inobtaining publications of any environmental impact or assessment statement, technical support document, guidance document, or any other publicationdeveloped by EPA, EPAcontractor, or otherFederal agency related to the development of a State approved hazardous wastemanagement program. EPAwillmake 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. StateGeneral Program Information Transfer The State agrees to inform the Regional Administrator ofany programchangeswhichwould affect the State's ability to implement the authorized program. Programchanges ofconcern include modificationof State legal authorities (statutes, regulations, judicial decisions), modifications of interagencyagreements or modifications of resource levels. The Stateagrees to submit to the Regional Administrator the following documents, reports, and other information: Makeavailablewithin 30 days of compliance inspections a completed inspectionreport including any compliance letters and schedules•

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

.inmeeting therequirements of the "AuthorizationPlan."

Quarterly forecasts of the facilities to be inspected for the upcoming quarter, by

## two weeksbefore thebeginning of the quarter. EPAwill inform the Stateof the facility inspections inwhich EPAwill participate (approximately 5% annually). The Statewill provide EPAwith at least two weeks notice of the final date for inspectionof such identified facilities. The State agrees to require new generators, transporters, and hazardous wastemanagement facilities to obtain identification numbers consistentwith the Dunand BradstreetData Universal Numbering (DUN) system for businesses and General ServiceAdministrationReal Property Number, or equivalent, for governmental agencies. EPA and the state will praticipate in ajoint effort to assignDUN identification numbers to all new generators, transporters, and TSD facilities who notify the.state. The statewill receive and review all newnotifications of dangerouswaste activities and send to EPA for an identification number assignment. The statewill then inform the requestor of the newidentificationnumber. Both EPAand the statewill work as rapidly as possible·to provide identificationnumbers to newnotifiers. The**state~&re~s** 

### to submit to theRegional Administrator the following permit informationas frequently as noted below for**'~ajor** 

### hazardous waste facilities." -3-.'

## . 

## . '



### ITEMDESCRIPTION 

## a. Acopy ofpermit applications originally submitted to the state and subsequentrevisions or additions to these applications after the effective date of this Agreementby all major hazardous waste facilities. b. Copies ofdraft permits, proposed permitmodifications, and accompanying explanatory material for all major hazardouswastefacilities.

c. Copies.offinal permits for all hazardouswaste 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 Uponreceipt ofany information that thehandling, storage, treatment, transportation, or disposal ofhazardous waste is endangeringhumanhealth.or the environment, the party inreceipt of such information shall immediatelynotifyby telephone the other party(ies) to this Agreementof the existenceof such situation. Eachparty will notify cooperatingresponse agencies according to their respective oil andhazardous substance spill plans. Suchnotification shall include nameofgenerator or facility, address of emergency, EPA identificationnumber, nature of emergency, actionbeing taken by notifier, and actionrequested by notifier or other**party(ies)~** 

### 4. Confidentiality All of the information EPA transfers to the statewill beprovided subject to the terms of 40 

### CFRPart 2. 

### Anyinformation obtainedorused in the administrationof the state**progr~** 

### shall be available to EPAwithoutrestriction. If information has been submitted to the state undera claimof confidentiality, the statemust informEPAof suchclaim. EPA

### will treat all information submitted to itwith a claimof confidentiality in accordancewith the procedures of 40 

### CFRPart 2. 

### C. Permit Issuance 1. 

### EPA Uponapproval of the Stateprogram, EPAwill suspend issuanceof Federal permits for activities subject to ComponentsAand Bof Phase II (unless legallyunable to do so) where permittinghas beenajoint State/Federal process. For facilities whichreceived 

### -4--t>,**,.,-~**



### a Federal

### RCRApermitprior to the

### date_ of authorization, EPA will seekpermittee5agreement to terminate the Federal permit where a State issued permitwas developed jointlywith EPAand contains at a minimum, identiCal conditions as the Federal permit. In these instances, thejointly issued/identical Statepermit will be considered a 

### RCRApermit. EPAmay comment in**~~iting** 

### on draft**permit~** 

### or proposed permit modifications formajor facilities (whether or not EPA commented 

### on the permit application) during the public comment period whichwill consistof

### 45days fromwhen the announcement is givenby public notice. Where EPA indicates that issuance, modification orreissuance ofa major permitwould be inconsistent with the approved program, EPAwill follow 40 CFR 123.134 in providing comments. These comments will be inwriting to the department andwill includea statementof the reasons for the comment, including the sectionof the Federal or State laws or regulations that are in effect. EPAwill identify the actions the State should take to satisfy these concerns and viII discuss with the department prior to sending a copyof the comment to the permit applicant. EPA shall withdraw such commentwhen satisfied the Statehas met or refuted the concern. Upon arequestby the State, EPAwill provide technical assistancefor permit issuance. This assistance could be in 

### the form ofusing the II

### permi t assistance team." 2. State Uponapproval of the state program, the statewill continue the permit issuance activity initiatedjointlywith EPAprior to authorizationfor facilities subject to Phase II components A and Bunless the state and EPAagree to terminate the process . on a case-by-casebasis.

The state is responsiblefor drafting, circulating for public reviewand comment, issuing, modifying, reissuing, and terminating

### RCRApermits coveredby Phase I and Phase II Components Aand Bin a manner consistentwithRCRA, theMemorandumof Agreement, and all applicableFederal requirements. The stateagrees to consider all comments EPAmakes onmajor permit applications and draftmajor permits before or during the 

### 45day public commentperiod. The statewill consider EPA's concerns ona particular major permit application, proposed major permit application, or draftmajor permit and, if appropriate, will respond inwriting before issuing the permit or making themodification. The state agrees to issue, modify and reissue permits in accordancewithall applicable state permitting regulations. The stateagreesthat any compliance schedules contained inpermits will require compliancewith the DangerousWasteRegulations.



### -5-

### D. State ProgramReview The Regional Administrator will assess the Director's administrationand enforcement of the state programona continuing basis for consistency withRCRA, with this Agreement, and with all applicable Federal requirements and policies. This program evaluationwill generallybe accomplished 

### by an EPAreview of the information submitted by the Director in accordancewith this Agreement and the StateWorkPlan. The Regional Administrator mayalso consider, as part of this regular assessment, writtencomments about the state's programadministrationand enforcement that are received from regulated persons, the public, and Federal, statet 

### and local agencies. Copies ofany such comments received by the Regional Administrator will be provided to the Director. Toensure effective program review, the Director agrees to allow EPA access to all files and other informationrequested by theRegional Administrator and deemed necessary for evaluating state programadministration and enforcement. Review ofdepartment files maybe scheduled at quarterly intervals. Programreview meetings between the Director and the Regional Administrator or their assignees will be scheduled atreasonable intervals not less than annually to review specific operating procedures and schedules, to resolve problems, and to discuss mutual program concerns. Thesemeetings must be scheduled at least thirty (30) days in advance of the meetingt 

### with a final agenda prepared by EPAand submitted to the Director for comments, at least oneweekbefore themeeting date, unless otherwise agreed upon. E. Enforcement 1. IdentificationofMajor HazardousWasteManagementFacilities and Generators The Directoragrees to develop with EPAa 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. EPAor the statemay, 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 inwriting. HOwever, the deletion of any major facility from the list must be agreed to inwriting by both parties. This listwill be reviewed and updated at least annually by both the state and EPA as partof the State WorkProgramprocess. This review and update does not require a formal amendment to this agreement. Since the final Lf.stLng

### of "major" facilities based on state criteria has notbeen currently agreed upon the current EPA's list of "major" facilities will apply until such time as the state criteria and list of "ma j

### or" facilities is finally agreed upon.



### -6-

### : 

### r.-..........-
2. ComplianceMonitoring The state agrees to operate a timely and effective compliancemonitoring program to assess compliancewith facility standards, andgenerator and transporter requirements consistentwith established priorities. The statewill monitor, evaluate, and take appropriate actionfor violations of all reporting requirements by dangerous waste generators, transporters, and facilities consistentwith establishedpriorities. This shall includea timely substantive review of suchreports to determine the compliance status of persons filing the reports. The state agrees to retain allrecords for atleast three years unless there is an enforcement action pending. In that case all records will beretained until such action is resolved. The state agrees to carry outa program for monitoring the compliance by generators, transporters, and facilities withapplicable program requirements consistentwith established priorities. Compliance inspectionswill bedone to determinewhether a generator, transporter orfacility is meeting manifestrequirements, generator and transporter requirements, and facility standards for recordkeeping, operationand maintenance, self-monitoring, reporting, and other activities as defined in the annual StateWorkProgram. EPA, after contacting the state, mayconductcomplianceinspections of hazardous waste generators, transporters, and facilities. EPAwill notordinarily conduct such inspections of nonmajor hazardous waste generators, transporters, and facilities; however, nothing in this Agreement shallbeconstrued to restrictEPA's right to inspectany facility, generator, or transporter that itbelieves is not incompliancewithProgramrequirements. Before conducting an inspectionof a generator, transporter or facility, theRegionalAdministratorwill normally give the Director_fourteen (14) days noticeof the intent to inspect in accordancewith40 CFR 123.126. If theDirector performs a state compliance inspectionwithin seven-(7) days and submits areport and data relevant theretowithinan additional seven (7) days,-no EPA inspectionwill bemade, unless the Regional Administratordeems the statereport to be inadequate. In case of an imminenthazard to humanhealthand the environment, the RegionalAdministrator mayshorten orwaive the noticeperiod, but instead, will give notice to theDepartmentby phone. Joint State! EPAinspections will normallybemadeon cases involving imminent hazard. 3. EnforcementAction The state agrees to take timely and appropriate enforcementaction against persons inviolation of generatorand transporter standards (including manifest requirements), facility standards, permitrequirements, compliance schedules, and all otherprogramrequirements consistentwith established priorities. This includesviolations detected by stateor Federal compliance evaluation inspections. In instances where EPA determines that the statehas not initiated timely and appropriate enforcementactionagainst aviolator, EPA shall proceed withany or all of the enforcementoptions availableunder RCRAor any



### -7-

### • ('. 

### other applicable statute. The statewill bekept.'fully informed of all further actions to be taken. Before initiating enforcement action EPAwill providenotice required by section 3008 (a)(2) and in additionwill confer or meetwith the state to discuss the situation before initiating the action, except in instances representing imminenthazard. The stateagrees to take the enforcementleadwithappropriate enforcement action against persons inviolationofany statedangerous waste regulations, including butnot limited toviolations detectedby state orFederal inspections. The statewillmaintainprocedures for receiving and ensuring proper considerationof information about violations submitted by the public. Appropriate state enforcementresponsemayinclude, but is not limited to, warning letters for any violation followed by timely initiation and prosecutionof enforcement proceedings whichmaybe, as determined onacase-by-casebasis, administrative orjudicial innature, or otheradministrativeremedies as prescribed by state laws. F. Specific State ProgramImplementationAgreements 1. Interstate Shipments Under provisions ofWAC 173-303-141, the Stateagrees to require generators located inWashington shipping dangerous waste to another state to designate as receiving facilities only those facilities which are approved in that stateunder an authorized stateprogramorby EPA

### (inunauthorized states). The**St~te** 

### also agrees that upon receipt ofamanifest exceptionreport froma generator located inWashington, the Statewill informEPA or the appropriate stateagency (in authorized states) where the designated facility is located. 

### 2. Liability Insurance Requirements for Permitted Facilities Inapplying the provisions ofWAC 173-303-620(8), the State

### will require sudden andr.ncn-isudd

### en insurance'coverage identical to the requirements promulgatedby EPAat 40 CFR264.147 issued onApril 

### 16, 1982. 3. Public NoticeProcedures

- Permitting Formajor and non-majorRCRApermitting under the authorized program, the state.agrees to providebothnewspaper and radio broadcast notices to the public as specified inWAC l73-303-840(3)(d)(ii) and (iii).

-8-"'"

# :: ',**~.**



### STATEAGENCY 

## ()

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## .--



# u.s. ENVIRONMENTALPROTECTIONAGENCY, REGIONX

By:



# ---------------

Date:



# --------------

-9-

### MOA OUTLINE

I. GENERAL



### II. RESPONSIBILITIES A. Policy Statement

B. Information Sharing 1. EPA**Genera~** 

### ProgramInformationTransfer 2. StateGeneral ProgramInformationTransfer 3. Emergency Situations and Information Transfer 4. Confidentiality

C. Permit Issuance 1 EPA 

### 2. State

D. State**~rogram** 

### Review

E. Enforcement 1. Identif

### ication of ''Maj0

### r" Hazardous Waste Management Facilities 2. ComplianceMonitoring 3. Enforcement Actions..-....

MEMORANDUM OFAGREEMENT BETWEEN THE STATE OFWASHINGTON AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION XFOR INTERIM AUTHORIZATION PHASE I AND PHASE II, COMPONENTS AAND B I. GENERAL This Memorandumof Agreement (hereafter "Agreement") establishes policies, responsibilities, and procedures pursuant to 40 CFR 123.126 for operation of the the State of Washington's Hazardous WasteManagement Program (hereafter "State Program") authorized under Section 3006(C) of the Resource Conservation and Recovery Act (hereafter "RCRA" or "theAct") 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 "StateWorkProgram"), in connection with grant funding under section 3011 ofRCRA. This Agreement maybe modified upon the initiative of either party in order to ensure consistency with state programmodification or for any other purpose mutually agreed upon. Any revisions or modifications must be inwriting 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.

2II. 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 programwith 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 themin order of priority. EPAwill 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 stateprogram. 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 Aand Part Bhazardous waste management facility permit applications originally submitted to EPAunder 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. EPAwill also provide, within thirty (30) days of receipt, copies of Part Aand Part Bpermit 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

3Register 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 programreports 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 "AuthorizationPlan."

- 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 BradstreetData 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 statewill receive and review all new notifications of dangerous waste activities and send to EPA for an identification number assignment. The statewill then inform the reguestor of the new identification number. Both EPA and the statewill work as rapidly as possible to provide identification numbersto new notLf Lers,



### 4.-..,

The state agrees to submit to the Regional Administrator the

,following permit information as frequently as noted below

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

ITEM DESCRIPTION

a. Acopy 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 claimof confidentiality, the state must informEPA 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.

5C. Permit Issuance 1. EPA Upon approval of the State program, EPA will suspend issuance of Federal permits for activities subject to Components Aand B 0f Phase 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 permitwould 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 Aand B of Phase II where permitting has been a joint Federal/state process orwhere 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, EPAwill 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 Aand B in a manner consistent with RCRA, the Memorandum of Agreement, and all applicable Federal requirements. The state agrees to consider all comments EPAmakes 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 inwriting 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 theDangerous Waste Regulations consistent with established priorities. D. State Program Review The Regional Administrator will assess theDirector's administration and enforcement of the state programon a continuing basis for consistency withRCRA, with this Agreement, and with all applicable Federal requirements and policies. This programevaluationwill generally be accomplished by anEPA review of the information submitted by the Director in accordance with this Agreement and the StateWorkPlan. The Regional Administrator may also consider, as part of this regular assessment, written comments about the state's programadministration 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. Toensure 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 maybe 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 coordinationwith 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 programdescription. EPA or the state may, based on the criteria, add or delete facilities, generators or transporters to the list (the list



### 7**~i~** ., -, 

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to be prepared during FY 82) and shall notify the other party inwriting. However, the deletion of any major facility from the list must be agreed to inwriting by both parties. This list will be reviewed and updated at least annually by both the state and EPA as part of the StateWork Programprocess. This review and update does not require a formal amendment to this agreement. ComplianceMonitoring 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 establishedpriorities. The state will monitor, evaluate, and take appropriate action for violations of all reporting requirements by dangerous waste generators, transporters, and facilities consistent with establishedpriorities. 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 programfor monitoring the compliance by generators, transporters, and facilities with applicable programrequirements 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 StateWork Program. EPA, after contacting the state, may conduct compliance inspections of hazardous waste generators, transporters, and facilities. EPAwill 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 inspectionwill.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 inviolation of generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all otherprogram 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 underRCRA or any other applicable statute. The statewill 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 inviolation 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 maybe, 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 inviolation of RCRA in accordance with Section 3008(a)(2). EPAwill 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 EPAwill give prior notice to the state.

9**'~** 

### . 11\.,",,-'

.....

STATEAGENCY



### By:

Date:

10 

## u.s , ENVIRONMENTAL PROTECTION AGENCY, REGION X