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MEMORANDUMOFAGREEMENT OUTLINE

I. GENERAL

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

### 4. Confidentiality C.. Permit Issuance 1. EPA 2. State D. State ProgramReview E. Enforcement 1. Identification of "Hajor" Hazardous WasteManagement Facilities 2. ComplianceMonitoring 3. EnforcementActions F. Specific State Program ImplementationAgreements 

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# .. MEMORANDUMOFAGREEMENT BETWEEN TIlE STATE OFWASHINGTON 

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

### PROTECTIONAGENCY REGIONXFOR INTERIMAUTHORIZATION PHASE I AND PHASE II, COMPONENTS AAND B

I. GENERAL Thisl1emorandum of 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 "State Program") 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

(hereafter EPA) Regional Office for Region

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

### the lead agency for the stateprogram (as designated by the state pursuant to 40 CFRl23.l24(b»and theRegionalAdministrator, EPA, RegionX(hereafter "RegionalAdministrator" or "EPA"). Nothing in this Agreement restricts EPA's authority to fulfill its oversight and enforcement responsibilities under RCRA. The parties will.review this Agreementjointly at least oncea year during preparationof the annual StateGrantWorkProgram (hereafter "StateWork Program"), inconnectionwith grant funding under section 3011 ofRCRA. This Agreementmaybemodified upon the initiative ofeitherparty inorder to ensureconsistencywith state programmodification or for any other purposemutually agreed upon. Anyrevisions ormOdifications mustbe in writing and mustbe signed by both theDirector and theRegionalAdministrator. This·Agreementwill remain in effect until the Statewithdraws from authorization oruntil such time as .stateprogram authorization is withdrawnby EPA, according to the provisions of 40 CFR 123.136, or reverts to EPAaccording to the provisions of 40 CFR 123.137. Final authorizationwill require the executionof a newMemorandumof/Agreement. Unless otherwise stipulated, this Agreement, and any subsequentmodifications made, will take effect tmmediatelyuponbeing signedby theDirectorand theRegionalAdministrator.

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II. RESPONSIBILITIES OF PARTIES A. Policy Statement 

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Each of 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 cooperation and 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 have responsibility 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 state work plan and accomplish them inorder ofpriority. 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 InformationTransfer EPA agrees to provide copies 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 Part A and Part Bhazardous wastemanagement facility permit applications originally submitted to EPAunder 40 CFR 122.22by facilities located in the statebefore the date 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 of Part Aand Part Bpermit applications submitted directly to EPA after the effective date of this Agreement. EPAwill keep the department informed ofall proposed or adopted Federal regulations as promulgated in the Federal Register adopted pursuant to RCRAorrequired ofanother Federal agency to implement the full scope of the State approvedhazardous wastemanagement program. 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 publication developed by EPA, EPA contractor, or other Federal 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 of any program changeswhichwould affect the State's ability to implement the authorized program. Program changes ofconcern include modificationof State legal authorities (statutes, regulations, judicial decisions), modifications of interagency agreements 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 the requirements of the "AuthorizationPlan."

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

## two weeks before 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 inspection of such identified facilities. The State agrees to require new generators, transporters, and hazardous wastemanagement facilities to obtain identification numbers consistentwith the Dunand Bradstreet Data 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 dangerous waste activities and send to EPA for an identification number assignment. The statewill then inform the requestor of the new identification number. Both EPA and the statewill work as rapidly as possible·to provide identification numbers to newnotifiers. The**state~&re~s** to submit to the Regional Administrator the following permit information as frequently as noted below for**'~ajor** hazardous waste facilities." -3-.'

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### ITEMDESCRIPTION 

## a. Acopy of permit 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 hazardous waste facilities.

c. Copies.offinal permits for all hazardouswaste facilities. ".--

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### 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 Agreement of the existence of such situation. Eachparty will notify cooperating response agencies according to their respective oil andhazardous substance spill plans. Such notification shall include nameof generator 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 under a 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 issuance of Federal permits for activities subject to ComponentsAand Bof Phase II (unless legallyunable to do so) where permitting has been ajoint State/Federal process. For facilities whichreceived 

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### a Federal 

### RCRA permit prior 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 State permit will be considered a 

### RCRA permit. EPAmay comment in**~~iting** 

### on draft**permit~** 

### or proposed permit modifications for major facilities (whether or not EPA commented 

### on the permit application) during the public comment period whichwill consist of

### 45days fromwhen the announcement is givenby public notice. Where EPA indicates that issuance, modification or reissuance 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 and will include a statement of 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 copy of the comment to the permit applicant. EPA shall withdraw such commentwhen satisfied the State has met or refuted the concern. Upon a request by the State, EPAwill provide technical assistance for 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-case basis.

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

### RCRA permits coveredby Phase I and Phase II Components Aand B in a manner consistentwith RCRA, theMemorandumof Agreement, and all applicableFederal requirements. The state agrees to consider all comments EPAmakes onmajor permit applications and draftmajor permits before or during the 

### 45day public comment period. The state will 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 and reissue permits in accordancewith all applicable state permitting regulations. The stateagreesthat any compliance schedules contained inpermits will require compliancewith the DangerousWaste Regulations.



### -5-D. State ProgramReview 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 evaluationwill generally be accomplished by an EPAreview of the information submitted by the Director in accordance with 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 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 informationrequested by the Regional 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 at reasonable 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 EPA and submitted to the Director for comments, at least oneweekbefore the meeting date, unless otherwise agreed upon. E. Enforcement 1. IdentificationofMajor Hazardous WasteManagement 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. EPA or 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 list will be reviewed and updated at least annually by both the state and EPA as partof the State WorkProgram process. This review and update does not require a formal amendment to this agreement. Since the final Lf.stLngof "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 "ma jor" facilities is finally agreed upon.



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2. ComplianceMonitoring The state agrees to operate a timely and effective compliancemonitoring 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 establishedpriorities. This shall include a timely substantive review of suchreports 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 outa 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 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, mayconductcompliance inspections 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 shall be construed to restrict EPA's right to inspectany facility, generator, or transporter that itbelieves is not incompliancewith Programrequirements. Before conducting an inspection of a generator, transporter or facility, theRegionalAdministrator will 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 a report and data relevant theretowithin an additional seven (7) days,-no EPA inspectionwill bemade, unless the Regional Administrator deems the statereport to be inadequate. In case of an imminenthazard to humanhealth and the environment, the Regional Administrator mayshorten or waive the notice period, but instead, will give notice to theDepartmentby phone. Joint State! EPAinspections will normally bemadeon 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 requirements, 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 statehas not initiated timely and appropriate enforcement actionagainst aviolator, EPA shall proceed withany or all of the enforcementoptions availableunder RCRAor any



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### other applicable statute. The statewill bekept.'fully 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 imminenthazard. The state agrees to take the enforcement leadwithappropriate enforcement action against persons inviolationofany statedangerous waste regulations, including but not limited to violations detectedby state orFederal inspections. The statewillmaintainprocedures for receiving and ensuring proper considerationof information about violations submitted by the public. Appropriate state enforcement responsemayinclude, but is not limited to, warning letters for any violation followed by timely initiation and prosecution of enforcement proceedings whichmaybe, as determined ona case-by-casebasis, administrative orjudicial innature, or other administrativeremedies as prescribed by state laws. F. Specific State Program ImplementationAgreements 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 ofa manifest 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 EPA at 40 CFR264.147 issued onApril 

### 16, 1982. 3. Public Notice Procedures

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

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### STATEAGENCY 

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## u.s. ENVIRONMENTALPROTECTIONAGENCY, REGIONX

By:



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Date:



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-9-MOA OUTLINE

I. GENERAL

II. RESPONSIBILITIES A. Policy Statement

B. Information Sharing 1. EPA**Genera~** Program InformationTransfer 2. State General Program InformationTransfer 3. Emergency Situations and Information Transfer 4. Confidentiality

C. Permit Issuance 1 EPA 2. State

D. State**~rogram** Review

E. Enforcement 1. Identification of ''Maj0r" Hazardous Waste Management Facilities 2. Compliance Monitoring 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 Waste Management 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 "State WorkProgram"), 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 program modification or for any other purpose mutually agreed upon. Any revisions or modifications must be in writing and must be signed by both the Director and the Regional Administrator. This Agreement will remain in effect until the State withdraws from authorization or until such time as state program authorization is withdrawn by EPA, according to the provisions of 40 CFR 123.136, or reverts to EPA according to the provisions of 40 CFR 123.137. Final authorization will require the execution of a new Memorandum of Agreement. Unless otherwise stipulated, this Agreement, and any subsequent modifications made, will take effect immediately upon being signed by the Director and the Regional Administrator.

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

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 "Authorization Plan."

- Quarterly forecasts of the facilities to be inspected for the upcoming quarter.

The state agrees to require new generators, transporters, and hazardous waste management facilities to obtain identification numbers consistent with the Dun and Bradstreet Data Universal Numbering (DUN) system for businesses and General Service Administration Real Property Number, or equivalent, for governmental agencies. EPA and the state will participate in a joint effort to assign DUN identification numbers to all new generators, transporters, and TSD facilities who notify the state. The state will receive and review all new notifications of dangerous waste activities and send to EPA for an identification number assignment. The state will then inform the reguestor of the new identification number. Both EPA and the state will work as rapidly as possible to provide identification 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 claim of confidentiality, the state must inform EPA of such claim. EPA will treat all information submitted to it with a claim of confidentiality in accordance with the procedures of 40 CFR Part 2.

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 permit would be inconsistent with state regulations, EPA will submit those comments to the department in writing. The comments will include a statement of the reasons for the comment, including the section of the Federal or state laws or regulations that are in effect according to the agreement. Upon approval of the state program, EPA will suspend issuance of Federal permits (unless legally unable to do so) for activities subject to components Aand B of Phase II where permitting has been a joint Federal/state process or where the state Attorney General determines the state has authority to issue/administer permits initiated by EPA. If the state does not have authority to, or chooses not to complete permit issuance or enforcement of Federal permits, EPA will complete the facility permits in progress and will administer those permits until they are reissued under state authorities. Upon a request by the state, 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 EPA makes on major permit applications and draft major permits during the 45 day public comment period. The state will consider EPA's concerns

6

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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 the Dangerous Waste Regulations consistent with established priorities. D. State Program Review The Regional Administrator will assess the Director's administration and enforcement of the state program on a continuing basis for consistency with RCRA, with this Agreement, and with all applicable Federal requirements and policies. This programevaluationwill generally be accomplished by an EPA review of the information submitted by the Director in accordance with this Agreement and the State WorkPlan. The Regional Administrator may also consider, as part of this regular assessment, written comments about the state's program administration and enforcement that are received from regulated persons, the public, and Federal, state, and local agencies. Copies of any such comments received by the Regional Administrator will be provided to the Director. To ensure effective program review, the Director agrees to allow EPA access to all files and other information requested by the Regional Administrator and deemed necessary for evaluating state program administration and enforcement. Review of department files may be scheduled at quarterly intervals. Program review meetings between the Director and the Regional Administrator or their assignees will be scheduled at reasonable intervals not less than annually to review specific operating procedures and schedules, to resolve problems, and to discuss mutual program concerns. These meetings must be scheduled at least thirty (30) days in advance of the meeting, with a final agenda prepared by EPA and submitted tQ the Director for comment, at least one week before the meeting date, unless otherwise agreed upon. E. Enforcement 1. Identification of Major Hazardous Waste Management Facilities and Generators The Director agrees to develop in coordination with EPA a criteria for listing major hazardous waste facilities and selected generators and transporters located within the state. This criteria is a part of the program description. EPA or the state may, based on the criteria, add or delete facilities, generators or transporters to the list (the list

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to be prepared during FY 82) and shall notify the other party in writing. However, the deletion of any major facility from the list must be agreed to in writing by both parties. This list will be reviewed and updated at least annually by both the state and EPA as part of the StateWork Program process. This review and update does not require a formal amendment to this agreement. Compliance Monitoring The state agrees to operate a timely and effective compliance monitoring program to assess compliance with facility standards, and generator and transporter requirements consistent with established priorities. The state will monitor, evaluate, and take appropriate action for violations of all reporting requirements by dangerous waste generators, transporters, and facilities consistent with established priorities. This shall include a timely substantive review of such reports to determine the compliance status of persons filing the reports. The state agrees to retain all records for at least three years unless there is an enforcement action pending. In that case all records will be retained until such action is resolved. The state agrees to carry out a program for monitoring the compliance by generators, transporters, and facilities with applicable 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 State Work Program. EPA, after contacting the state, may conduct compliance inspections of hazardous waste generators, transporters, and facilities. EPA will not ordinarily conduct such inspections of nonmajor hazardous waste generators, transporters, and facilities; however, nothing in this Agreement shall be construed to restrict EPA's right to inspect any facility, generator, or transporter that it believes is not in compliance with Program requirements• Before conducting an inspection of a generator, transporter or facility, the Regional Administrator will normally give the Director thirty (30) days notice of the intent to inspect in accordance with 40 CFR 123.126. If the Director performs a state compliance inspection and submits a report and data relevant thereto within that time, no EPA 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 in violation of generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all other program requirements consistent with established priorities. This includes violations detected by state or Federal compliance evaluation inspections. In instances where EPA determines that the state has not initiated timely and appropriate enforcement action against a violator, EPA shall proceed, only after meeting with the state to discuss the situation, with any or all of the enforcement options available under RCRA or any other applicable statute. The state will be kept fully informed of all further actions to be taken. The state agrees to take the enforcement lead with appropriate enforcement action against persons 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 may be, as determined on a case-by-case basis, administrative or judicial in nature, or other administrative remedies as prescribed by state laws. The Regional Administrator may take enforcement action, after prior notification and meeting with the state, against any person determined to be in violation of RCRA in accordance with Section 3008(a)(2). 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