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IV. Memorandum of Agreement

Oregon

Department of Environmental 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 pursuant to 40 CFR 271.8 for the 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 Office for

Region 10. This agreement further sets' forth the manner in which the State and EPA

will coordinate the State's administration and enforcement of the State program and,

pending State authorization, EPA's administration of the provisions of the Hazardous and

Solid Waste Amendments of 1984 (HSWA).

(For purposes of this 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 Director of the Department of Environmental

Quality (hereinafter "Director" or "the State"), and the Regional Administrator, EPA

Region 10 (hereinafter "Regional Administrator" or "EPA).

For administrative purposes, the Department of Environmental Quality will serve as lead

agency to simplify coordination and communication between the State and EPA.

Nothing in this agreement shall be construed to restrict in any way EPA's authority to

.fulfill its oversight and enforcement responsibilities under RCRA. Nothing in this

agreement shall be construed to contravene any provision of 40 CFR Part 271.

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

consistency with State or Federal program modifications made or for any other purpose

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

Agreement will remain in effect until such time as State program authorization is

withdrawn by or is voluntarily transferred to EPA according to the criteria and procedures

established in 40 CFR 271.22 and 40 CFR 271.23.

This Agreement is being executed because the State is receiving authorization for certain

RCRA amendments. This Agreement supersedes the Agreement which was effective

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July 1, 1987.

This agreement shall be executed by the Director and the Regional Administrator and

shall become effective at the time the State's authorization takes effect, which shall be

the date set out in the Federal Register notice of the Regional Administrator's decision to

grant authorization to the State. '

II. POLICY STATEMENT

Each of the 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 of the RCRA hazardous

waste program within its boundaries except for tribal lands. EPA retains its responsibility

to ensure full and faithful execution of the requirements of RCRA, including direct

implementation of RCRA in the event the 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 of the State program.

Section 3006(g) of HSWA provides that hazardous waste requirements and prohibitions

promulgated pursuant to HSWA are applicable in authorized States at the same time that

they are applicable in unauthorized States with the exception of 3006(fl-Availability of

Information, which cannot be implemented by EPA in authorized States. While EPA

retains responsibility for the direct implementation of those provisions of HSWA which

the State is not authorized to implement, it is the intention of EPA and the State to

coordinate the implementation of such provisions to the greatest degreepossible.-

EPA will oversee implementation of the authorized State program. in order to ensure full

execution of the requirements of RCRA, to promote national consistency in

implementation of the hazardous waste program, to allow EPA to report to the President

and Congress on the achievements of the hazardous waste program, and to encourage

States and the EPA to agree on desirable technical support and targets for joint efforts to

prevent and mitigate environmental problems associated with the improper management

of hazardous wastes. Oversight will be accomplished by EPA through written reporting

requirements, permit overview, compliance and enforcement overview, and periodic

review of the State's programs.

III. STATE PROGRAM REVIEW

A. General

The Regional Administrator will assess the State administration and enforcement

of the 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 Grant Work Program,

permit overview, compliance and enforcement overview, and annual review of

State program activities. The Regional Administrator may also consider, as part of

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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 State.

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

all files and other information requested by the Regional Administrator and his or

her designee and deemed necessary by EPA for reviewing State program

administration and enforcement.

Review of the Department of Environmental Quality files may be scheduled at

quarterly intervals. Program review meetings between the State and EPA 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 will be scheduled at least fifteen (15) days in'

advance unless agreed to differently. A tentative agenda for the meeting will be

prepared by EPA and submitted to the State ten (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 of the 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 identify those 'activities

which should receive the highest priority during the grant period. Examples of

activities which will be considered high priority will 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 of the State and EPA evolve, changes to this

section of the Agreement may be appropriate or a separate agreement may be

necessary. During the annual State Grant Work Program, the State and EPA will

carefully examine the following information sharing provisions for needed

revision.

B. EPA

1. EPA will keep the State informed of the content and meaning of Federal statutes,

regulations, guidelines, standards, policy decisions, directives, and any other

factors that affect the State Program. EPA agrees to provide this 'information in a

timely manner. "A timely manner" means EPA will forward relevant information

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and materials to the state within a reasonable period of time. EPA will also

provide general technical guidance to the State upon the state's request, and

when information of mutual interest or concern is developed or acquired by EPA.

EPA will provide at least quarterly, a list and summary of regulatory and policy

changes which may affect the 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 interest to the state.

2. Until such time the State is fully authorized for the RCRA program, the State and

EPA have agreed to a joint permitting process (see Section V.D. of this

agreement). Under the process, the State and EPA have established policies and

procedures by which each will pursue their respective and/or joint responsibilities

under the 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 Permit Applications, whether received prior to

the effective date of this Agreement or subsequent to the effective

date of this Agreement and whether first received by the State or

EPA;

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b. Such other information necessary to support the foregoing

information;

c. Copies of draft permits, proposed permit modifications, public

notices; o

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 of the

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 prior to the effective date of this 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 State who file such

forms after the effective date .of this Agreement.

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

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quantity generators), transporters and to owners and operators of hazardous

waste treatment, storage, and disposal facilities submitting notifications to the

State after the effective date of this Agreement, and pursuant to the provisions in

the December 1992 RCRIS MOU. EPA will do this after receiving a copy of the

notification information from the State as provided in Section IV.C.6 of this

Agreement. Pursuant to 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 information to EPA for the assignment of EPA Identification

Numbers according to the requirements in the RCRIS MOU. .a

EPA will 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 delivery to the state. Information

provided to the State will be subject to the 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 affect the State's ability to implement the authorized

program. Program changes of concern may include modification of the State's

legal authorities (i.e., statutes, regulations and judicial or legislative actions

affecting those 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. EPA will review, comment and advise the State as appropriate on

State proposed revisions to the State regulations within the specified public

review time frame.

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2. Annually, through development of the State grant work program, EPA and the'

State will agree on the type and frequency of reports the state will make in order

for EPA to maintain oversight of the implementation ofthe State's authorized

program. Such reporting shall include, but not be limited to, the following:

a. Compliance monitoring 'and enforcement information;

b. Information indicating the status of the State's permitting, closure,

post closure, and ground-water monitoring activities;

c. State decision to grant variances, waivers, and delisting requests

made by hazardous waste handlers; and

d. Various reports designed to accurately describe the status of the

State's authorized program, including reports summarizing the

quantity and 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,

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or 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 prior to 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 EPA to carry out its oversight

responsibilities. Unless otherwise agreed upon, the above information shall be

sent to the Chief of the Waste Management Branch.

D. Site Visits

EPA is responsible for maintaining reliable national data on hazardous waste

management. These data are used to report to the President and Congress on

the achievements of the hazardous waste program and to support EPA's

regulatory development efforts. Whenever EPA determines that it needs to

obtain certain information, EPA will-normally first seek to gain this information

from the State. The State agrees to supply the Regional Administrator with this

information if readily available and as resources allow. If the State is unable to

provide the information or if it is necessary to supplement the State information,

EPA may conduct a special surveyor perform information collection site visits

after notifying the State, and after meeting the provisions outlined in the

Compliance Assurance Agreement concerning such visits: EPA will share with

the State any national reports developed by EPA as a result of such information

collection.

E. Emergency Situations

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. The Department of Envjronmental Quality shall notify EPA's Oregon

Operations office ((503) 326-3250). The EPA shall notify the Department of

Environmental.Quality's Hazardous Waste Program ((503) 229-5913).

F. Confidentiality

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1. Any information obtained or used in the administration of the State program shall

be available to EPA upon request without restriction. If the information has been

submitted to the State under a claim of confidentiality, the State must submit

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that claim to EPA when providing information. Any information obtained from

the State and subject to 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 will the name and address of a permit applicant or

permittee be deemed confidential information by the State or EPA.

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. Subject to the conditions in 40 CFR Part 2, EPA will

furnish the State information submitted to EPA under a claim of confidentiality

which the State needs to implement its program. All information EPA agrees to

transfer to the State will be transferred in accordance with the requirements of

40 CFR Part 2. EPA will notify affected facilities when such confidential

business information is sent to the State.

V. PERMIT ISSUANCE

A. EPA Permitting

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Upon final authorization of the State program, EPA will suspend issuance of

federal EPA/State permits for hazardous waste treatment, storage; and disposal

facilities for which the state is receiving authorization. Whenever EPA adds

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

EPA will process and enforce federal RCRA permits in the State, in the new

regulatory areas, until the State receives final authorization for them. At the time

the State program is approved in the new areas, EPA will suspend issuance of

federal permits in the State. EPA will also transfer any pending permit

applications, completed permits or pertinent file information to the State within

thirty 30 days of the approval of the State program in conformance with the

conditions of this agreement.

The State and EPA have agreed to a joint permitting process (see Section D

below) for the joint processing and enforcement of permits for those provisions of

the HSWA for which the State does not have authorization. As the state

receives authorization for additional provisions of the HSWA, EPA will suspend

issuance of federal permits in the State for those provisions.

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B. EPA Overview of State Permits

While EPA may comment on any permit application or draft permit, EPA's

overview function will focus primarily on those facilities identified by the State

and EPA in the State's Multi-Year Permit Strategy, annual State Grant Work

Program and the State's Program Description. EPA may comment in writing on

any draft permit or proposed permit modification, whether or not EPA commented

on the permit ',pplication, prior to the public review process or within forty-five

days of receipt. Where EPA indicates in a comment that issuance, modification,

reissuance, termination or denial of the permit would be inconsistent with the

approved State program, EPA shall include in the comment:

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(a) a statement of the reasons for the comment (including the section of the

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State regulations that support the comment); and

(b) the actions that should be taken by the State in order to address the

comments (including the conditions which the permit would include if it

were issued by EPA.) EPA shall send a copy of its written comments to

the permit applicant. EPA shall withdraw such comments when satisfied

that the 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 may terminate a State issued permit in

accordance with the procedures of Part 124, Subpart E, or bring an

enforcement action in accordance with the procedures of 40 CFR Part 22

in the case of a violation 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 waste treatment, storage and disposal facilities contained in the

authorized provisions of the State's program, and shall do so in a·manner

consistent with RCRA as amended by the 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 of the State's program in accordance withOregon Revised Statutes

(ORS) 466 and to include as permit conditions all applicable provisions of OAR 0""

340, Divisions 100 through 120. This agreement also applies to permits issued

after final authorization but for which the processing may have begun before final

authorization. The State agrees not to use its broader waiver, variance or

exemption authorities so that they will result in the imposition of any requirement

less stringent than 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 satisfy or 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.

Pursuant to Section 3006(g)( 1) of RCRA and in accordance with HSWA, EPA has

the authority to issue or deny permits (or those portions of permits) to facilities in

Oregon for the requirements and prohibitions in or promulgated pursuant to

HSWA until the State's program is amended to reflect and receives authorization

for those portions of the program. EPA and Oregon hereby establish this joint

permitting process for the issuance of RCRA permits in Oregon. This joint

permitting process is established in accordance with Section 3006 (c) (3) of

RCRA. The details of the joint permitting process shall be incorporated into the

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annual State Grant Work Program. The work program pertaining to permitting

will be reviewed at least annually. The duties and responsibilities of EPA and the

State for joint permitting shall also be specified in the annual State Grant Work

Program.

The details of the joint permitting process as contained in the State Grant Work

Program shall be reviewed and revised as often as necessary to assure its

continued appropriateness.

Upon authorization of the State for any of the provisions of the HSW A, the

specifics of the Joint Permitting Agreement as set out in the annual State Work

Grant Program shall be amended to reflect those requirements and prohibitions

and receives authorization. Amendment of this Agreement may be required for

authorization of any of the provisions of the HSWA.

E. COMPLIANCE WITH 40 CFR 270.3

Authorization of the State does not relieve EPA of its responsibility for

compliance with other Federal laws that may apply to the issuance of permits

(see 40 CFR 270.3). 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 Management Act, 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 EPA to determine the potential applicability of these laws to RCRA

permit actions.

VI. PERMIT ADMINISTRATION

A. EPA

Upon granting of final authorization, EPA will notify all joint Federal/State

permittees that the Department of Environmental Quality will have prime

responsibility for the future administration and enforcement of said joint permits.

EPA will administer the enforcement, modification, revocation, reissuance, and

termination of portions of joint State/EPA permits for which the State is not yet

authorized until such time that the State is granted authorization or specific rule

authority if adopted through State regulations, or by other agreements, such as

the State Grant Work Program.

B. State

The State agrees to review all hazardous waste permits which were issued under

State Law prior to the effective date of this agreement and to modify or revoke

and reissue such permits as necessary to require compliance with. the amended

State program, Oregon Revised Statutes, Chapter 466 and Oregon Administrative

Rules, Chapter 340, Divisions 100 through 120. The State agrees to .modify or

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 administer the

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 for the use of

the State's CAMU-like instruments. In all cases, the use of CAMU/TUs must facilitate

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 immediate threats 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, transporter or facility or bring enforcement action against any

person believed to be in violation Of the State or Federal hazardous waste

program or believed to have a release of hazardous constituent. All such

inspections and proposed enforcement actions will be,done in accordance with C-'j

the provisions contained in the Compliance Assurance Agreement. If the State .../

performs a compliance inspection and submits a report and data relevant thereto

within that time to EPA, 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..

Nothing in this agreement shall, or shall be construed to, constitute a valid

defense by regulated parties in violation of any State or Federal environmental

statute, regulation or permit.

The frequency of EPA oversight and training inspections will be specified in the

annual State Grant Work Program. On an annual basis, EPA will negotiate with

the State the percentage of the State's compliance inspections on which EPA will

accompany the State. Oversight inspection procedures will be accomplished in

accordance with the provisions contained in the Compliance Assurance

Agreement, and the annual State Grant Work Program.

The EPA may take enforcement action against any person determined to be in

violation of RCRA in accordance with Section 3008(a)(2). EPA will take

enforcement action upon determining that the State has not taken timely and

appropriate enforcement action or upon request by the State. Prior to issuing a

compliance order under Section 3008(a), EPA will give notice to 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 other applicable Federal statute. EPA's

proposed enforcement action will be consistent with the provision of the

Compliance Assurance Agreement.

After notice to the State, EPA may take action under Section 3008 of RCRA

against a holder of a State-issued permit on the grounds that the permittee is not

complying with a condition of that permit. In addition, EPA may take action

under Section 3008 of RCRA against a holder of a State-issued permit on the

grounds that the permittee is not complying with a condition that the Regional

Administrator, in commenting on that permit application or draft permit, stated

was necessary to implement approved State program requirements, whether or

not that condition was included in the final permit.

B. State

The State agrees to carry out a timely and effective program for monitoring the

compliance by generators, transporters, and facilities, including federal facilities

with applicable program requirements (see 40 CFR 271.15). As part of this

program, the State will conduct compliance inspections to assess compliance

with generator and transporter standards (including manifest requirements),

facility standards, permit requirements, compliance schedules, and all other

program requirements. Compliance monitoring activities and priorities will be

specified in the Compliance Enforcement Agreement and the annual State Grant

Work Program and shall be consistent with all applicable Federal requirements

and with the State's Program Description.

The State agrees to take timely and appropriate enforcement action as defined in

the State/EPA Compliance Assurance Agreement and the annual State Grant

Work Plan against all persons in violation of generator and transporter standards

(including manifest requirements), 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

least three years unless there is an enforcement action 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

Administrator under this section if the State program provides for the 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 substantially the same manner, and to the same

degree, as would be the case if the Administrator of EPA were carrying out he

provision of this subtitle in the State. The DEQ received authorization from EPA

on May 29, 1990 to implement Section 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 without a formal FOIA

request. Examples of these 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 efforts to assist a requester

in identifying records being sought, and to help the requestor formulate

his or her request.

3. If a request for information is denied, the State agrees to provide the

requestor the basis for the denial and to notify the requestor of State

judicial (or, if they exist, administrative) procedures, including statutes of

limitation.

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The State agrees to make the fullest possible disclosure of records to the

public, subject to any of the exemptions under the Federal FOIA

recognized by the State, and in accordance with the EPA authorized and

equivalent Statutes and regulations of the State of Oregon'.

A reduction or waiver of fees will be considered in connection with each

request from a representative of the press or other communication

medium, or from a public interest group. The State agrees to reduce or

waive the fee if it determines that a reduction or waiver of the fee is in

the best interest because furnishing the information can be considered as

primarily benefitting he general public.

C. Confidentiality of 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 notify the

requestor of the confidentiality claim within the maximum 20-day time limit

provided for an agency response. In addition, the requestor will be told that the

request was denied in order to resolve the business confidentiality claim.

D. Oversight

1. The State agrees to keep a log of denials of requests, for information (or a

file containing copies of denial letters sent to requestors) which will be

made available to EPA during the State review.

2. The State agrees to keep EPA fully informed of any proposed

modifications to its basic statutory or 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 10

BY:

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DATE: ----#---"-----'--f-I''----'------

. gjc 6/9/94

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