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MEMORANDUM OF AGREEMENT

OUTLINE

I. GENERAL

II. RESPONSIBILITIES

A. Policy Statement

B. Information Sharing

1. EPA General Program Information Transfer

2. State General Program Information Transfer

3. Emergency Situations and Information Transfer

4. Confidentiality

C.. Permit Issuance

1. EPA

2. State

D. State Program Review

E. Enforcement

1. Identification of "Hajor" Hazardous Waste Management

Facilities

2. Compliance Monitoring

3. Enforcement Actions

F. Specific State Program Implementation Agreements

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.. MEMORANDUM OF AGREEMENT

BETWEEN

TIlE STATE OF WASHINGTON

AND

TIlE UNITED STATES E~~IRONMENTAL PROTECTION AGENCY

REGION X FOR INTERIM AUTHORIZATION

PHASE I AND PHASE II, COMPONENTS A AND B

I. GENERAL

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

responsibilities, and procedures pursuant to 40 CFR 123.126 for operation

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

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

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

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

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

State Program.

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

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

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

or "EPA").

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

and enforcement responsibilities under RCRA.

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

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

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

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

to ensure consistency with state program modification or for any other

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

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

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

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

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

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

Unless otherwise stipulated, this Agreement, and any subsequent modifications

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

the Regional Administrator.
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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 are met. The Director and the Regional

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

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

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

authorized states and with EPA in states without authorization. The

state expects to have minimum resources for implementing this program and

will prioritize activities through the annual state work plan and accomplish

them in order of priority.

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

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

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

EPA also will provide general technical assistance to the state.

B. Information Sharing

1. EPA General Program Information Transfer

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

including issued EPA identification numbers from hazardous waste

generators, transporters, and treatment, storage, and disposal

facilities located in the state to the Director within thirty

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

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

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

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

of this agreement.

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

all Part A and Part B hazardous waste management facility permit

applications originally submitted to EPA under 40 CFR 122.22 by

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

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

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

of the execution of this Agreement.

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

of Part A and Part B permit applications submitted directly to

EPA after the effective date of this Agreement.

EPA will keep the department informed of all proposed or adopted

Federal regulations as promulgated in the Federal Register adopted

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

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

compliance, and enforcement letters) submitted by the state and

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produce the Quarterly Statistical and Narrative Non-Compliance

. Reports.

EPA will assist the department in obtaining publications of any

environmental impact or assessment statement, technical support

document, guidance document, or any other publication developed

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

development of a State approved hazardous waste management program.

EPA will make available to the Director all updated information

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

which the state needs to implement its approved program including

automatic data processing (ADP) computuer files.

2. State General Program Information Transfer

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

the authorized program. Program changes of concern include

modification of State legal authorities (statutes, regulations,

judicial decisions), modifications of interagency agreements or

modifications of resource levels.

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

Make available within 30 days of compliance inspections a

completed inspection report including any compliance letters

and schedules•

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

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

Quarterly forecasts of the facilities to be inspected for the

upcoming quarter, by two weeks before the beginning of the

quarter. EPA will inform the State of the facility inspections

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

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

final date for inspection of such identified facilities.

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

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

system for businesses and General Service Administration Real Property

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

will praticipate in a joint effort to assign DUN identification

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

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

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

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

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

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

waste facilities."

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ITEM DESCRIPTION

a. A copy of permit applications

originally submitted to the

state and subsequent revisions

or additions to these applications after the effective

date of this Agreement by all

major hazardous waste facilities.

b. Copies of draft permits, proposed permit modifications,

and accompanying explanatory

material for all major hazardous waste facilities.

c. Copies. of final permits for all

hazardous waste facilities.

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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

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

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

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

will notify cooperating response agencies according to their

respective oil and hazardous substance spill plans. Such notification

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

EPA identification number, nature of emergency, action being taken

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

4. Confidentiality

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

subject to the terms of 40 CFR Part 2.

Any information obtained or used in the administration of the state

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

information submitted to it with a claim of confidentiality in

accordance with the procedures of 40 CFR Part 2.

C. Permit Issuance

1. EPA

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

Federal permits for activities subject to Components A and B of

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

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

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

will seek permittee5 agreement to terminate the Federal permit

where a State issued permit was developed jointly with EPA and

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

In these instances, the jointly issued/identical State permit

will be considered a RCRA permit.

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

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

which will consist of 45 days from when the announcement is

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

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

providing comments. These comments will be in writing to the

department and will include a statement of the reasons for the

comment, including the section of the Federal or State laws or

regulations that are in effect. EPA will identify the actions

the State should take to satisfy these concerns and viII discuss

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

permit applicant. EPA shall withdraw such comment when satisfied

the State has met or refuted the concern.

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

of using the IIpermi t assistance team."

2. State

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

permit issuance activity initiated jointly with EPA prior to

authorization for facilities subject to Phase II components A

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

. on a case-by-case basis.

The state is responsible for drafting, circulating for public

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

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

Agreement, and all applicable Federal requirements.

The state agrees to consider all comments EPA makes on major

permit applications and draft major permits before or during

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

concerns on a particular major permit application, proposed

major permit application, or draft major permit and, if

appropriate, will respond in writing before issuing the permit

or making the modification.

The state agrees to issue, modify and reissue permits in accordance with all applicable state permitting regulations.

The state agrees that any compliance schedules contained in permits

will require compliance with the Dangerous Waste Regulations.

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D. State Program Review

The Regional Administrator will assess the Director's administration and

enforcement of the state program on a continuing basis for consistency

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

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

Administrator may also consider, as part of this regular assessment,

written comments about the state's program administration and enforcement

that are received from regulated persons, the public, and Federal, statet

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

Administrator will be provided to the Director.

To ensure effective program review, the Director agrees to allow EPA

access to all files and other information requested by the Regional

Administrator and deemed necessary for evaluating state program administration and enforcement.

Review of department files may be scheduled at quarterly intervals.

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

than annually to review specific operating procedures and schedules, to

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

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

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

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

agreed upon.

E. Enforcement

1. Identification of Major Hazardous Waste Management Facilities and

Generators

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

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

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

add or delete facilities, generators or transporters to the list

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

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

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

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

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

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

agreement.

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

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

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

of "maj or" facilities is finally agreed upon.

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2. Compliance Monitoring

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

and transporter requirements consistent with established priorities.

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

violations of all reporting requirements by dangerous waste generators,

transporters, and facilities consistent with established priorities.

This shall include a timely substantive review of such reports to

determine the compliance status of persons filing the reports. The

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

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

will be retained until such action is resolved.

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

by generators, transporters, and facilities with applicable program

requirements consistent with established priorities. Compliance

inspections will be done to determine whether a generator, transporter

or facility is meeting manifest requirements, generator and transporter

requirements, and facility standards for recordkeeping, operation and

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

defined in the annual State Work Program.

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

hazardous waste generators, transporters, and facilities. EPA will

not ordinarily conduct such inspections of nonmajor hazardous waste

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

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

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

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

the Regional Administrator will normally give the Director_ fourteen

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

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

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

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

EPA inspections will normally be made on cases involving imminent

hazard.

3. Enforcement Action

The state agrees to take timely and appropriate enforcement action

against persons in violation of generator and transporter standards

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

by state or Federal compliance evaluation inspections. In instances

where EPA determines that the state has not initiated timely and

appropriate enforcement action against a violator, EPA shall proceed

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

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

all further actions to be taken. Before initiating enforcement action

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

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

before initiating the action, except in instances representing

imminent hazard.

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

regulations, including but not limited to violations detected by

state or Federal inspections. The state will maintain procedures for

receiving and ensuring proper consideration of information about

violations submitted by the public.

Appropriate state enforcement response may include, but is not limited

to, warning letters for any violation followed by timely initiation

and prosecution of enforcement proceedings which may be, as determined

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

other administrative remedies as prescribed by state laws.

F. Specific State Program Implementation Agreements

1. Interstate Shipments

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

generators located in Washington shipping dangerous waste to another

state to designate as receiving facilities only those facilities which

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

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

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

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

2. Liability Insurance Requirements for Permitted Facilities

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

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

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

1982.

3. Public Notice Procedures - Permitting

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

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

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

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STATE AGENCY

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u.s. ENVIRONMENTAL PROTECTION AGENCY,

REGION X

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

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

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MOA OUTLINE

I. GENERAL

II. RESPONSIBILITIES

A. Policy Statement

B. Information Sharing

1. EPA Genera~ Program Information Transfer

2. State General Program Information Transfer

3. Emergency Situations and Information Transfer

4. Confidentiality

C. Permit Issuance

1 EPA

2. State

D. State ~rogram Review

E. Enforcement

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

Management Facilities

2. Compliance Monitoring

3. Enforcement Actions
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MEMORANDUM OF AGREEMENT

BETWEEN

THE STATE OF WASHINGTON

AND

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION X FOR INTERIM AUTHORIZATION

PHASE I AND PHASE II, COMPONENTS A AND B

I. GENERAL

This Memorandum of Agreement (hereafter "Agreement") establishes

policies, responsibilities, and procedures pursuant to 40 CFR 123.126

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

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

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

United States Environmental Protection Agency (hereafter EPA) Regional

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

which the state will coordinate with EPA in administering the State

Program.

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

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

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

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

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

oversight and enforcement responsibiities under RCRA.

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

during preparation of the annual State Grant Work Program (hereafter

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

3011 of RCRA.

This Agreement may be modified upon the initiative of either party

in order to ensure consistency with state program modification or for

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

the Regional Administrator.

This Agreement will remain in effect until the State withdraws from

authorization or until such time as state program authorization is

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

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

Final authorization will require the execution of a new Memorandum of

Agreement.

Unless otherwise stipulated, this Agreement, and any subsequent

modifications made, will take effect immediately upon being signed

by the Director and the Regional Administrator.

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II. RESPONSIBILITIES OF PARTIES

A. Policy Statement

Each of the parties to this Agreement is responsible for ensuring

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

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

state authorized program.

The state has primary authority and responsibility for all

aspects of the hazardous waste program, except as qualified in

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

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

them in order of priority.

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

standards, policy decisions, directives, and any other factors

that affect the state program. EPA also will provide general

technical assistance to the state.

B. Information Sharing

1. EPA General Program Information Transfer

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

including issued EPA identification numbers from hazardous

waste generators, transporters, and treatment, storage, and

disposal facilities located in the state to the Director

within thirty (30) days of this Agreement.

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

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

identification number, submitted by persons located in the

state after the date of this agreement.

EPA agrees to transfer to the Director or his designee copies

of all Part A and Part B hazardous waste management facility

permit applications originally submitted to EPA under 40 CFR

122.22 by facilities located in the state before the date of

this Agreement. Permit applications, not already transferred

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

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

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

copies of Part A and Part B permit applications submitted

directly to EPA after the effective date of this Agreement.

EPA will keep the department informed of all proposed or

adopted Federal regulations as promulgated in the Federal

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Register adopted pursuant to RCRA or required of another

Federal agency to implement the full scope of the State

approved hazardous waste management program.

EPA will assist the department in obtaining publications of

any environmental impact or assessment statement, technical

support document, guidance document, or any other publication

developed by EPA, EPA contractor, or other Federal agency

related to the development of a State approved hazardous

waste management program.

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

as requested which the state needs to implement its approved

program including automatic data processing (ADP) computer

files.

2. State General Program Information Transfer

The state agrees to submit to the Regional Administrator the

following documents, reports, and other information:

- Quarterly compliance inspection reports including

correspondence from generators and major facilities

in a format agreed to between both parties.

- Annual program reports containing information

on the number of generators and major facilities

in the state, the quantities of wastes handled,

and the number of anticipated inspections for

the next year.

- Semiannual progress report summarizing the

State's efforts in meeting the requirements

of the "Authorization Plan."

- Quarterly forecasts of the facilities to be

inspected for the upcoming quarter.

The state agrees to require new generators, transporters,

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

Universal Numbering (DUN) system for businesses and General

Service Administration Real Property Number, or equivalent,

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

to all new generators, transporters, and TSD facilities who

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

notifications of dangerous waste activities and send to EPA

for an identification number assignment. The state will

then inform the reguestor of the new identification number.

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

provide identification numbers to new no t Lf Lers ,

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The state agrees to submit to the Regional Administrator the

, following permit information as frequently as noted below

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

ITEM DESCRIPTION

a. A copy of permit applications

originally submitted to the state

and subsequent revisions or additions to these applications after

the effective date of this Agreement by all major hazardous waste

facilities.

b. Copies of draft permits, proposed

permit modifications, and accompanying explanatory material

for all major hazardous waste

facilities.

c. Copies of final permits for all

hazardous waste facilities.

FREQUENCY OF SUBMISSION

Within 30 days of their

receipt by the state.

Within five working

days of their completion.

Within 30 days of their

issuance.

3. Emergency Situations and Information Transfer

Upon receipt of any information that the handling, storage,

treatment, transportation, or disposal of hazardous waste is

endangering human health or the environment, the party in

receipt of such information shall immediately notify by

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

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

and hazardous substance spill plans. Such notification shall

include name of generator or facility, address of emergency,

EPA identification number, nature of emergency, action being

taken by notifier, and action requested by notifier of other

party(ies).

4. Confidentiality

All of the information EPA transfers to the state will be

provided subject to the terms of 40 CFR Part 2.

Any information obtained or used in the administration of

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

a claim of confidentiality, the state must inform EPA of

such claim. EPA will treat all information submitted to it

with a claim of confidentiality in accordance with the

procedures of 40 CFR Part 2.

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C. Permit Issuance

1. EPA

Upon approval of the State program, EPA will suspend issuance

of Federal permits for activities subject to Components A and

B 0 f Ph as e I I •

EPA may comment in writing on draft permits or proposed permit

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

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

issuance, modification or reissuance of a major permit would

be inconsistent with state regulations, EPA will submit

those comments to the department in writing. The comments

will include a statement of the reasons for the comment,

including the section of the Federal or state laws or

regulations that are in effect according to the agreement.

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

activities subject to components A and B of Phase II where

permitting has been a joint Federal/state process or where

the state Attorney General determines the state has authority

to issue/administer permits initiated by EPA.

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

complete permit issuance or enforcement of Federal permits,

EPA will complete the facility permits in progress and will

administer those permits until they are reissued under state

authorities.

Upon a request by the state, EPA will provide technical

assistance for permit issuance. This assistance could be in

the form of using the "permit assistance team."

2. State

Upon approval of the state program, the state will continue

the permit issuance .activity initiated by EPA prior to

authorization for facilities subject to Phase II components A

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

on a case-by-case basis.

The state is responsible for drafting, circulating for public

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

of Agreement, and all applicable Federal requirements.

The state agrees to consider all comments EPA makes on major

permit applications and draft major permits during the 45 day

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

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on a particular major permit application, proposed major permit

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

respond in writing before issuing the permit or making the

modificat ion.

The state agrees to issue, modify and reissue permits in

accordance with all applicable state permitting regulations.

The state agrees that any compliance schedules contained in

permits will require compliance with the Dangerous Waste

Regulations consistent with established priorities.

D. State Program Review

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

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

Federal requirements and policies. This program evaluation will

generally be accomplished by an EPA review of the information

submitted by the Director in accordance with this Agreement and

the State Work Plan. The Regional Administrator may also consider,

as part of this regular assessment, written comments about the

state's program administration and enforcement that are received

from regulated persons, the public, and Federal, state, and local

agencies. Copies of any such comments received by the Regional

Administrator will be provided to the Director.

To ensure effective program review, the Director agrees to allow

EPA access to all files and other information requested by the

Regional Administrator and deemed necessary for evaluating state

program administration and enforcement.

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

Regional Administrator or their assignees will be scheduled at

reasonable intervals not less than annually to review specific

operating procedures and schedules, to resolve problems, and to

discuss mutual program concerns. These meetings must be scheduled

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

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

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

upon.

E. Enforcement

1. Identification of Major Hazardous Waste Management

Facilities and Generators

The Director agrees to develop in coordination with EPA a

criteria for listing major hazardous waste facilities and

selected generators and transporters located within the

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

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

facilities, generators or transporters to the list (the list

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

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

parties. This list will be reviewed and updated at least

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

Program process. This review and update does not require a

formal amendment to this agreement.

Compliance Monitoring

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

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

The state will monitor, evaluate, and take appropriate action

for violations of all reporting requirements by dangerous

waste generators, transporters, and facilities consistent

with established priorities. This shall include a timely

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

to retain all records for at least three years unless there

is an enforcement action pending. In that case all records

will be retained until such action is resolved.

The state agrees to carry out a program for monitoring the

compliance by generators, transporters, and facilities with

applicable program requirements consistent with established

priorities. Compliance inspections will be done to determine

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

and facility standards for recordkeeping, operation and

maintenance, self-monitoring, reporting, and other activities

as defined in the annual State Work Program.

EPA, after contacting the state, may conduct compliance

inspections of hazardous waste generators, transporters,

and facilities. EPA will not ordinarily conduct such

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

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

facility, generator, or transporter that it believes is not

in compliance with Program requirements •

Before conducting an inspection of a generator, transporter

or facility, the Regional Administrator will normally give

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

in accordance with 40 CFR 123.126. If the Director performs

a state compliance inspection and submits a report and data

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

made, unless the Regional Administrator deems the state report

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

human health and the environment, the Regional Administrator

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

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

inspections will be made on cases involving imminent hazard.

8
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3. Enforcement Actions

The state agrees to take timely and appropriate enforcement

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

standards, permit requirements, compliance schedules, and

all other program requirements consistent with established

priorities. This includes violations detected by state or

Federal compliance evaluation inspections. In instances

where EPA determines that the state has not initiated timely

and appropriate enforcement action against a violator, EPA

shall proceed, only after meeting with the state to discuss

the situation, with any or all of the enforcement options

available under RCRA or any other applicable statute. The

state will be kept fully informed of all further actions to

be taken.

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

any state dangerous waste regulations, including but not

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

ensuring proper consideration of information about violations

submitted by the public.

Appropriate state enforcement response may include, but is

not limited to, warning letters for any violation followed by

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

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

The Regional Administrator may take enforcement action, after

prior notification and meeting with the state, against any

person determined to be in violation of RCRA in accordance

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

only upon determining that the state has not taken timely and

appropriate enforcement action. Prior to issuing a Notice of

Violation under Section 3008 EPA will give prior notice to

the state.

9
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STATE AGENCY

By:

Date:

10

u.s , ENVIRONMENTAL PROTECTION

AGENCY, REGION X