# • IV. MemorandumofAgreement

Oregon DepartmentofEnvironmental Quality June 1994

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# • MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF OREGON AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 .•

I. GENERAL This Memorandum of Agreement (hereinafter "Agreement") establishes policies, responsibilities, and procedures pursuantto 40 CFR271.8 forthe State of Oregon's Hazardous Waste Program (hereafter "State Program")authorized under Section 3006 of the Resource Conservation and Recovery Act (hereinafter "RCRA" or "the Act") of 1976 (42 USC 6901 at seq.) as amended (Public Laws 94-580, 96-482, 98-616) and the United States Environmental Protection Agency (hereafter EPA) Regional Officefor Region 10. This agreementfurthersets'forth the manner in which the State and EPA will coordinate the State's administration and enforcementofthe State program and, pending State authorization, EPA's administration ofthe provisions ofthe Hazardous and Solid Waste Amendments of 1984 (HSWA). (For purposes ofthis agreement, references to "RCRA" include the Hazardous and Solid Waste Amendments of 1984 (HSWA) (P.L. 98-616).). This agreement is entered into by the Directorofthe Departmentof Environmental Quality (hereinafter "Director" or "the State"), and the Regional Administrator, EPA Region 10 (hereinafter "Regional Administrator" or "EPA). For administrative purposes, the Departmentof Environmental Qualitywill serve as lead agencyto simplify coordination and communication between the State and EPA. Nothing in this agreementshall be construed to restrict in any way EPA's authorityto

.fulfill its oversight and enforcement responsibilities under RCRA. Nothing in this agreementshall be construed to contravene any provision of 40 CFR Part 271. This Agreement may be modified upon the initiative of either party in orderto ensure. consistency with State or Federal program modifications made or for any otherpurpose mutually agreed upon, and will be reviewed at least once a year. Any revisions or modifications must be in writing and must be signed by the State and the EPA. This Agreementwill remain in effect until such time as State program authorization is withdrawn by or is voluntarilytransferred to EPAaccording to the criteria and procedures established in 40 CFR271.22 and 40 CFR271.23. This Agreement is being executed because the State is receiving authorization for certain RCRAamendments. This Agreementsupersedes the Agreementwhich was effective


### iJuly 1, 1987. This agreement shall be executed by the Director and the Regional Administratorand shall become effective at the time the State's authorization takes effect, which shall be the date set out in the Federal Register notice ofthe Regional Administrator's decision to grant authorization to the State. ' II. POLICY STATEMENT Each ofthe parties to this Agreement is responsible for ensuring that its obligations under RCRA are met. Upon granting final authorization by EPA, the State assumes primary resporisibility for implementing the authorized provisions ofthe RCRA hazardous waste program within its boundaries except fortribal lands. EPA retains its responsibility to ensure full and faithful execution ofthe requirements of RCRA, including direct implementation of RCRA in the eventthe State is not authorized to act. EPA also retains full authority and responsibility for implementation of RCRA on Indian lands in Oregon. The State and the EPA agree to maintain a high level of cooperation and coordination between their respective staffs in a partnership to assure successful and effective administration ofthe State program. Section 3006(g) of HSWA provides that hazardous waste requirements and prohibitions promulgated pursuantto HSWA are applicable in authorized States at the same timethat they are applicable in unauthorized States with the exception of 3006(fl-Availabilityof Information, which cannot be implemented by EPA in authorized States. While EPA retains responsibility forthe direct implementation ofthose provisions of HSWA which the State is not authorized to implement, it is the intention of EPA and the Stateto coordinate the implementation of such provisions to the greatestdegreepossible.- EPA will oversee implementation ofthe authorized State program.in orderto ensure full execution ofthe requirements of RCRA, to promote national consistency in implementation ofthe hazardous waste program, to allow EPAto reportto the President and Congress on the achievements ofthe hazardous waste program, and to encourage States and the EPAto agree on desirable technical support and targets forjoint effortsto prevent and mitigate environmental problems associated with the improper management of hazardous wastes. Oversight will be accomplished by EPAthrough written reporting requirements, permitoverview, compliance and enforcementoverview, and periodic review ofthe State's programs. III. STATE PROGRAM REVIEW A. General The Regional Administratorwill assess the State administration and enforcement ofthe hazardous waste program'on a continuing basis for equivalence and consistency with RCRA, with this Agreement, and with all applicable Federal

,requirements and policies and for adequacy of enforcement. This assessment will be accomplished by EPA review of information submitted by the State in accordance with this Agreement and the annual State GrantWork Program, permit overview, compliance and enforcementoverview, and annual review of State program activities. The Regional Administratormay also consider, as part of



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### this regular assessment, written comments aboutthe State's program administration and enforcementthat are received from regulated persons, the public, and Federal, State and local agencies. Copies of any such comments received by the Regional Administratorwill be provided to the State. To ensure effective program review, the Directoragrees to allow EPA access to all files and other information requested by the Regional Administratorand his or her designee and deemed necessary by EPAfor reviewing State program administration and enforcement. Review ofthe Departmentof Environmental Qualityfiles may be scheduled at quarterly intervals. Program review meetings between the State and EPA will be scheduled at reasonable intervals not less than annuallyto review specific operating procedures and schedules, to resolve problems and to discuss mutual program concerns. These meetings will be scheduled at leastfifteen (15) days in' advance unless agreed to differently. A tentative agenda forthe meeting will be prepared by EPA and submitted to the Stateten (10) days in advance, but may be modified by either party. B. Identification of Priority Activities The State and EPA agree to develop, on an annual basis as part ofthe State grant work program, criteria for priority activities, including activities regarding handlers of hazardous waste. These criteria will be based on guidance issued by EPA in the annual RCRA Implementation Plan (RIP) and other guidance documents as may be appropriate, and will serve to identifythose'activities which should receive the highest priority during the grant period. Examples of activities which will be considered high prioritywill include, but not be limited to, handlers and facilities to be inspected, facilities to be permitted, and enforcement against handlers and facilities with known or suspected groundwater contamination. Activities will be negotiated by mutual agreement. IV. INFORMATION SHARING A. General As the national hazardous waste program matures, the respective roles and responsibilities in this State/Federal partnership will become more clear. As the respective information needs ofthe State and EPAevolve, changes to this section ofthe Agreementmay be appropriate or a separate agreement may be necessary. During the annual State GrantWork Program, the State and EPA will carefully examinethe following information sharing provisions for needed revision. B. EPA 

### 1. EPAwill keep the State informed ofthe content and meaning of Federal statutes, regulations, guidelines, standards, policy decisions, directives, and any other factorsthat affectthe State Program. EPA agrees to provide this'information in a timely manner. "Atimely manner" means EPAwill forward relevant information



### 3and materialsto the state within a reasonable period of time. EPAwill also provide general technical guidance to the State upon the state's request, and when information of mutual interestor concern is developed or acquired by EPA. EPA will provide at least quarterly, a list and summaryof regulatory and policy changes which may affectthe state program. EPA will share with the State any national reports developed by EPA from the data submitted through State reporting requirements, or that would be of interestto the state. 2. Until such time the State is fully authorized forthe RCRA program, the State and EPA have agreed to ajoint permitting process (see Section V.D. ofthis agreement). Underthe process, the State and EPA have established policies and procedures by which each will pursue their respective and/orjoint responsibilities underthe RCRA. The State and EPA agree to the sharing of information as specified under "V.D. Joint Permitting Process" and the annual State Grant Work Program. Specifically included shall be the procedures for sharing and coordinating the exchange of information on the following: a. Part A and Part B PermitApplications, whetherreceived priorto the effective date ofthis Agreement or subsequentto the effective date ofthis Agreement and whetherfirst received by the State or EPA; 

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b. Such other information necessaryto supportthe foregoing information;



### c. Copies of draft permits, proposed permit modifications, public notices; 

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d. Copies of final permits and permit modifications; and

. e. Notices of permit denials. 3. EPA agrees to make available to the State copies of any reports and data resulting from compliance inspections within sixty (60) days of completion ofthe inspections. Oversight inspection reports will be made available to the State according to the provisions outlined in the Compliance Assurance Agreement. 4. EPA agrees to provide the State hazardous waste handler notification identification numbers within ten (10) days of receipt of information from the State modified 8700-12 form, and processing according to the provisions in the December 1992 RCRIS MOU. In addition, EPA agrees to provide the State hazardous waste handler notification information from EPA form 8700-12 obtained priorto the effectivedate ofthis Aareement, if such information has not already been provided to the state. The information will be provided the State according to the provisions in the December 1992 RCRIS MOU. EPA will also forward, on a monthly basis notification information (including newly assigned· EPA identification numbers) submitted by persons in the Statewho file such forms afterthe effective date.ofthis Agreement. 

### 5. EPA agrees to assign EPA identification numbers to generators (including small



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### 6. quantity generators), transporters and to owners and operators of hazardous waste treatment, storage, and disposal facilities submitting notificationsto the State afterthe effectivedate ofthis Agreement, and pursuantto the provisions in the December 1992 RCRIS MOU. EPA will do this after receiving a copy ofthe notification information from the State as provided in Section IV.C.6 ofthis Agreement. Pursuantto Section 3010 and according to agreements between EPA and the State, the State is responsible for receiving, processing.and verifying information on notification forms (Form 8700-12) and Part A permit applications for forwarding such informationto EPA forthe assignment of EPA Identification Numbers according to the requirements in the RCRIS MOU.
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### EPAwill make available to the State other relevant information as requested which the State needs to implement its approved program. "Made available" may mean temporary access in lieu of actual deliveryto the state. Information provided to the State will be subjecttothe terms of 40 CFR, Part 2. C. State 

### 1. The State agrees to inform EPA in advance of any proposed and adopted program changes which would affectthe State's abilityto implementthe authorized program. Program changes of concern may include modification ofthe State's legal authorities (i.e., statutes, regulations and judicial or legislative actions affectingthose authorities), modifications of Memoranda of Agreement or Understanding with other agencies, and modifications of resource. levels (i.e., available or budgeted personnel and funds). The State recognizes that program revisions must be made in accordance with the provisions of 40 CFR 271 .21 and that until approved by EPA, revisions are not authorized as RCRA Subtitle C requirements. EPAwill review, commentand advise the State as appropriate on State proposed revisions to the State regulations within the specified public reviewtimeframe. ." .;..'


### 2. Annually, through developmentofthe State grant work program, EPA and the' Statewill agree on the type and frequency of reports the statewill make in order for EPAto maintain oversight ofthe implementation 

### ofthe State's authorized program. Such reporting shall include, but not be limited to, the following:

a. Compliance monitoring'and enforcementinformation; b. Information indicating the status ofthe State's permitting, closure, post closure, and ground-watermonitoring activities;

c. State decision to grantvariances, waivers, and delisting requests made by hazardous waste handlers; and d. Various reports designed to accurately describe the status ofthe State's authorized program, including reports summarizing the quantityand types of hazardous wastes generated, treated, stored and disposed in the state as required by EPA's Biennial report. 

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### 3. The State agrees to provide EPA with a copy of each proposed variance, waiver,



### 5or delisting submittal within five (5) days of receipt. 4. The State agrees to provide EPA a copy of any decisions regarding requests made by hazardous waste handlers to change their classification (e.g., requests to be deleted as generators but to retain their facility status) and facility requests to make on-site changes priorto permit issuance (e.g., requests to handle additional wastes not identified on the facility's original notification and RCRA Part A Permit Application.) 5. The State agrees to provide EPA with copies of reports and data resulting from any compliance inspection and subsequent enforcement actions, when EPA requests such copies and according to the provisions in the Compliance Assurance Agreement. 

### 6. The State agrees to provide any pertinent information requested by EPA within a mutually agreed upon time frame, as necessary for EPAto carry out its oversight responsibilities. Unless otherwise agreed upon, the above information shall be sentto the Chiefofthe Waste Management Branch. D. Site Visits EPA is responsible for maintaining reliable national data on hazardous waste management. These data are used to reportto the President and Congress on the achievements ofthe hazardous waste program and to support EPA's regulatory developmentefforts. Whenever EPAdeterminesthat it needs to obtain certain information, EPA will-normally firstseek to gain this information from the State. The State agrees to supply the Regional Administratorwith this information if readily available and as resources allow. If the State is unable to provide the information or if it is necessaryto supplementthe State information, EPA may conduct a special surveyor performinformation collection site visits after notifying the State, and aftermeeting the provisions outlined in the Compliance Assurance Agreement concerning such visits: EPAwill share with the State any national reports developed by EPA as a result of such information collection. E. Emergency Situations Upon receipt of any informationthatthe 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 ofthe existence of such situation. The Departmentof Envjronmental Qualityshall notify EPA's Oregon Operations office ((503) 326-3250). The EPA shall notifythe Departmentof Environmental.Quality's Hazardous Waste Program ((503) 229-5913). F. Confidentiality 

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1. Any information obtained or used in the administration ofthe State program shall be available to EPA upon request without restriction. Ifthe information has been submitted to the State under a claim of confidentiality, the State mustsubmit



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2. that claim to EPA when providing information. Any information obtained from the State and subjectto a claim of confidentiality will be treated in accordance with the regulations in 40 CFR Part 2 and the provisions of 3006(f) for which the State is authorized. In no case willthe name and address of a permit applicant or permittee be deemed confidential information by the State orEPA. EPA agrees to furnish to the State information in its files which is not submitted under a claim of confidential business information and which the State needs to implement its program. Subjectto the conditions in 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 information EPA agrees to transferto the State will be transferred in accordance with the requirements of 40 CFR Part 2. EPA will notifyaffected facilities when such confidential business information is sentto the State. V. PERMIT ISSUANCE A. EPAPermitting

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### Upon final authorization ofthe State program, EPAwill suspend issuance of federal EPA/State permitsfor hazardous wastetreatment, storage; and disposal facilities for which the state is receiving authorization. Whenever EPA adds

,permitting standards for processes not currently covered by State regulations,

EPAwill process and enforce federal RCRA permits in the State, in the new regulatory areas, until the State receives final authorization forthem. Atthe time the State program is approved in the new areas, EPAwill suspend issuance of federal permits in the State. EPAwill also transferany pending permit applications, completed permits or pertinentfile informationto the State within thirty 30 days ofthe approval ofthe State program in conformance with the conditions ofthis agreement. The State and EPA have agreed to ajoint permitting process (see Section D below) forthejoint processing and enforcementof permits forthose provisions of the HSWAfor which the State does not have authorization. As the state receives authorization for additional provisions ofthe HSWA, EPA will suspend issuance offederal permits in the State forthose provisions. ...!



### B. EPAOverview of State Permits While EPA may commenton any permit application or draft permit, EPA's overviewfunction will focus primarily on those facilities identified by the State and EPA in the State's Multi-Year Permit Strategy, annual State GrantWork Program and the State's Program Description. EPA may comment in writing on any draft permitor proposed permit modification, whetheror not EPA commented on the permit',pplication, priorto the public review process or within forty-five days of receipt. Where EPA indicates in a commentthat issuance, modification, reissuance, termination or denial ofthe permit would be inconsistentwith the approved State program, EPA shall include in the comment:



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### a statementofthe reasons forthe comment (including the section ofthe

7State regulations that support the comment); and (b) the actions that should be taken by the State in orderto address the comments (including the conditions which the permitwould include if it were issued by EPA.) EPA shall send a copy of its written commentsto the permitapplicant. EPA shall withdraw such comments when satisfied thatthe State has met or refuted EPA's concerns and shall also provide the permit applicant with a copy of such withdrawal. Under Section 3008(a)(3) of RCRA, EPA mayterminate a State issued permit in accordance with the procedures of Part 124, Subpart E, or bring an enforcementaction in accordancewith the procedures of 40 CFR Part 22 in the case of aviolation of a State program requirement., In exercising these authorities, EPA will observe the conditions established in 40 CFR 271.19(e). C. State Permitting 

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The State is responsible for expeditiously drafting, circulating for applicant review and comment, issuing, modifying, reissuing and terminating RCRA permits for those hazardous wastetreatment, storage and disposal facilities contained in the authorized provisions ofthe State's program, and shall do so in a·manner consistent with RCRA as amended bythe HSWA, with this Agreement, with all applicable Federal requirements, and with the State's Program Description. The State agrees to issue, modify and reissue all permits contained in the authorized portions ofthe State's program in accordance 

### withOregon Revised Statutes (ORS) 466 and to include as permit conditions all applicable provisions of OAR 

# 0"" 340, Divisions 100through 120. This agreement also applies to permits issued afterfinal authorization butfor which the processing may have begun before final authorization. The State agrees notto use its broader waiver, variance or exemption authorities so thatthey will result in the imposition ofany requirement less stringentthan comparable Federal program requirements. The State agrees that any compliance schedules contained in permits it issues' willrequire compliance with applicable standards within a specified time period. The State agrees to consider all comments EPA makes on permit applications and draft permits. The State will satisfyor refute EPA's concerns on a particular permit application, proposed permit modification, or draft permit in writing before issuing the permit or rnakinq the modification. D. Joint Permitting. Pursuantto Section 3006(g)(1) of RCRA and in accordance with HSWA, EPA has the authorityto issue or deny permits (or those portions of permits) to facilities in Oregon forthe requirements and prohibitions in or promulgated pursuantto HSWA until the State's program is amended to reflect and receives authorization forthose portions ofthe program. EPA and Oregon hereby establish this joint permitting process forthe issuance of RCRA permits in Oregon. Thisjoint permitting process is established in accordance with Section 3006 (c) (3) of RCRA. The details ofthejoint permitting process shall be incorporated into the



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# • annual State GrantWork Program. The work program pertaining to permitting will be reviewed at least annually. The duties and responsibilities of EPA and the State forjoint permitting shall also be specified in the annual State GrantWork Program. The details ofthe joint permitting process as contained in the State Grant Work Program shall be reviewed and revised as often as necessaryto assure its continued appropriateness. Upon authorization ofthe State for any ofthe provisions ofthe HSW A, the specifics ofthe Joint Permitting Agreement as set out in the annual StateWork Grant Program shall be amended to reflectthose requirements and prohibitions and receives authorization. Amendmentofthis Agreement may be required for authorization of any ofthe provisions ofthe HSWA. E. COMPLIANCE WITH 40 CFR270.3 Authorization ofthe State does not relieve EPAof its responsibility for compliance with other Federal laws that may applyto the issuance of permits (see40 CFR270.3). EPA and Oregon agree to coordinate to the greatest degree possible any permit actions to which the following laws may apply: The Wild and Scenic Rivers Act, 16 U.S.C. 1273, et seq.; The National Historic Preservation Act of 1966, 16 U.S.C. 470, et seq; The Endangered Species Act of 1966,16 U.S.C. 1531, et seq. (including the consultation provisions of section 7); The Coastal Zone ManagementAct, 16 U.S.C. 1451, et seq.; and The Fish and Wildlife Coordination Act, 16 U.S.C. 661, et seq. The State agrees to consult with EPAto determinethe potential applicability ofthese laws to RCRA permit actions. VI. PERMITADMINISTRATION A. EPA Upon granting offinal authorization, EPAwill notifyalljoint Federal/State permitteesthatthe Departmentof Environmental Qualitywill have prime responsibility forthe future administration and enforcementof said joint permits. EPAwill administerthe enforcement, modification, revocation, reissuance, and termination of portions ofjoint State/EPApermits for which the State is not yet authorized until such timethatthe State is granted authorization or specific rule authority if adopted through State regulations, or by otheragreements, such as the State GrantWork Program. B. State The State agrees to review all hazardous waste permits which were issued under State Law priorto the effective date ofthis agreementand to modifyor revoke and reissue such permits as necessaryto require compliance with.the amended State program, Oregon Revised Statutes, Chapter466 and Oregon Administrative Rules, Chapter340, Divisions 100through 120. The State agrees to.modifyor revoke and reissue these State permits as RCRA permits upon the expiration date



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of these permits. VII. CORRECTIVE ACTION--CORRECTIVE ACTION MANAGEMENT UNITS/TEMPORARY UNITS (CAMU/TUs) IMPLEMENTATION Until the State applies for and is authorized for Corrective Action, EPA will administerthe Corrective Action program, including the Corrective Action Management Unit/Temporarv Unit (CAMU/TU) rule. EPA will consider CAMU/TU for corrective action at EPA-lead RCRA sites in accordance with EPA's regional priorities. For State-lead sites, EPA and the State will discuss an implementation strategy on a site-specific basis forthe use of the State's CAMU-like instruments. In all cases, the use of CAMU/TUs mustfacilitate environmentally protective remedies, and the public notice provisions provided for in EPA's CAMU rule will be observed, by issuing a public notice during remedy selection or permit modification, except in response to immediatethreats to public health or the environment.

VIII. COMPLIANCE MONITORING AND ENFORCEMENT A. EPA 

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Nothing in this Agreement shall restrict EPA's right to inspect any,hazardous waste generator, transporteror facility or bring enforcementaction against any person believed to be in violation Ofthe State or Federal hazardous waste program or believed to have a release of hazardous constituent. All such inspections and proposed enforcementactions will be,done in accordance with 

# C-'j the provisions contained inthe Compliance Assurance Agreement. If the State .../ performs a compliance inspection and submits a report and data relevantthereto within thattime to EPA, no EPA inspection will be made, unless the Regional Administratordeemsthe State report and datato be inadequate. In case of an imminent hazard to human health and the environment,.the Regional Administrator may shorten or waive the notice period.. Nothing in this agreementshall, or shall be construed to, constitute avalid defense by regulated parties in violation of any State or Federal environmental statute, regulation or permit. The frequency of EPAoversight and training inspections will be specified in the annual State GrantWork Program. On an annual basis, EPA will negotiate with the Statethe percentage ofthe State's compliance inspections on which EPA will accompanythe State. Oversight inspection procedures will be accomplished in accordance with the provisions contained in the Compliance Assurance Agreement, and the annual State GrantWork Program. The EPA maytake enforcement action against any person determined to be in violation of RCRA in accordance with Section 3008(a)(2). EPAwill take enforcementaction upon determining thatthe State has nottaken timely and appropriate enforcementaction or upon request by the State. Prior to issuing a compliance order under Section 3008(a), EPA will give noticeto the State. EPA retains its rights to issue orders and bring actions under Sections 3008(a) and



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# • IX. (h), 3013 and 7003 of RCRA and any otherapplicable Federal statute. EPA's proposed enforcementaction will be consistent with the provision ofthe Compliance Assurance Agreement. After noticeto the State, EPA may take action under Section 3008 of RCRA against a holder of a State-issued permiton the grounds thatthe permittee is not complying with a condition ofthat permit. In addition, EPA maytake action under Section 3008 of RCRAagainst a holder of a State-issued permiton the grounds thatthe permittee is not complying with a condition thatthe Regional Administrator, in commenting on that permit application or draft permit, stated was necessary to implement approved State program requirements, whetheror notthat condition was included in the final permit. B. State The State agrees to carry out atimely and effective program for monitoring the compliance by generators, transporters, and facilities, including federal facilities with applicable program requirements (see 40 CFR271.15). As part ofthis program, the State will conduct compliance inspections to assess compliance with generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all other program requirements. Compliance monitoring activities and priorities will be specified in the Compliance EnforcementAgreement and the annual State Grant Work Program and shall be consistentwith all applicable Federal requirements and with the State's Program Description. The State agrees to take timely and appropriate enforcementaction as defined in the State/EPACompliance Assurance Agreement and the annual State Grant Work Plan against all persons in violation of generatorand transporterstandards (including manifestrequirements), facility standards, permit requirements, compliance schedules, and all other program requirements, including violations detected by State or Federal compliance inspections. The State will maintain procedures for receiving and ensuring proper consideration of information about violations submitted by the public. The State agrees to retain all records for at leastthree years unless there is an enforcementaction pending. In that case all records will be retained until such action is resolved. AVAILABILITY OF INFORMATION A. General Section 3006(f) of RCRA provides that States may be authorized by the Administratorunderthis section if the State program provides forthe public availability of information obtained by the State regarding facilities and sites for treatment, storage and disposal of hazardous wastes; and that such information is available to the public in substantiallythe same manner, and to the same degree, as would be the case ifthe Administratorof EPAwere carrying out he provision ofthis subtitle in the State. The DEQ received authorizationfrom EPA on May 29, 1990to implementSection 3006(f) in lieu of.the EPA.

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### B. Requests for Information 1. Pursuant to the Federal Freedom oflnformation Act (FOIAj, 5 U.S.C. 552(a)(2j, Oregon Revised Statutes, and OAR 340-100 to 120, the State agrees to make certain materials routinely available withoutaformal FOIA request. Examples ofthese materials are final opinions or orders in case adjudication, State regulations, statements of Agency policy, 

### .and administrative staff manuals affecting the public. In addition. records prepared for routine public distribution will also be made available. Examples of such records are press releases, copies of speeches, pamphlets, and educational material.

, 2. The State agency agrees to make reasonable effortsto assist a requester in identifying records being sought, and to help the requestorformulate his or her request. 3. If a request for information is denied, the State agrees to provide the requestorthe basis forthe denial and to notifythe requestor of State judicial (or, if they exist, administrative) procedures, including statutes of limitation. 

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### 5. The State agrees to make the fullest possible disclosure of records to the public, subjectto any ofthe exemptions underthe Federal FOIA recognized bythe State, and in accordance with the EPAauthorized and equivalent Statutes and regulations ofthe State of Oregon'. A reduction or waiveroffees will be considered in connectionwith each request from a representative ofthe press or othercommunication medium, or from a public interestgroup. The State agrees to reduce or waive the fee if it determinesthat a reduction or waiverofthe fee is in the best interest because furnishing the information can be considered as primarily benefitting he general public. C. Confidentialityof Business Information If a claim of confidentiality is asserted and cannot be resolved in the time period provided for an agency,response to a request, the State agrees to notifythe requestor ofthe confidentiality claim within the maximum 20-daytime limit provided for an agency response. In addition, the requestor will be told thatthe request was denied in orderto resolve the business confidentiality claim. D. Oversight 1. The State agrees to keep a log ofdenials of requests,for information (or a file containing copies of denial letters sentto requestors) which will be made available to EPA during the State review. 

### 2. The State agrees to keep EPA fully informed of any proposed modificationsto its basic statutoryor regulatory authority, its forms, procedures, or priorities, as applied to section 3006(f).


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### BY: 

# • STATE OF OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY

# ~,~ DATE: June 28, 1994

U.S. ENVIRONMENTAL PROTECTION AGENCY REGION 

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